penalty enhancement law, which imposes harsher sentences on criminals

who ³intentionally select the person against whom the crime...is

committed..because of the race, religion, color, disability, sexual

orientation, national origin or ancestry of that person.² Chief

Justice Rehnquist deliverd the opinion of the unanimous Court. This

paper argues against the decision, and will attempt to prove the

unconstitutionality of such penalty enhancement laws.

On the evening of October 7, 1989, Mitchell and a group of young

black men attacked and severely beat a lone white boy. The group had

just finished watching the film ³Mississippi Burning², in which a

young black boy was, while praying, beaten by a white man. After the

film, the group moved outside and Mitchell asked if they felt ³hyped

up to move on some white people². When the white boy approached

Mitchell said, ³You all want to *censored* somebody up? There goes a white

boy, Go get him.² The boy was left unconscious, and remained in a

coma for four days. Mitchell was convicted of aggravated battery,

orthodox in politics, nationalism, religion or other matters of

³Congress shall make no law respecting an establishment of religion,

Federal Law.² Human Rights 22 (1995): 32-33

The U.S. Supreme Court¹s ruling was faulty, and defied a number of

the lewd and obscene, the profane, the libelous, and the insulting or

ideas and expressions in the marketplace of ideas.² Second, the

itself of questionable constitutionality, in that it allows the

rights of the minority in their quest to mold the htoughts of others

enhancement laws place the legislature in the position of judging and

on his view as to what constitutes acceptable and unacceptable

rulings such as Wisconsin v. Mitchell, is U.S. v. O¹Brien. O¹Brien

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Approximate Word count = 3389
Approximate Pages = 14 (250 words per page double spaced)