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Wisconsin v. Mitchell
Seal of the United States Supreme Court.svg
Argued April 21, 1993
Decided June 11, 1993
Full case name Wisconsin v. Todd Mitchell
Citations 508 U.S. 476 (more)
113 S. Ct. 2194; 124 L. Ed. 2d 436; 1993 U.S. LEXIS 4024; 61 U.S.L.W. 4575; 21 Media L. Rep. 1520; 93 Cal. Daily Op. Service 4314; 93 Daily Journal DAR 7353
Prior history Defendant convicted, Kenosha County Circuit Court; affirmed, 473 N.W.2d 1 (Wis. App. 1991); reversed, 485 N.W.2d 807 (Wis. 1992); cert. granted, 506 U.S. 1033 (1992)
Subsequent history On remand, affirmed, 504 N.W.2d 610 (Wis. 1993)
Holding
Enhanced sentencing for bias-motivated crimes does not violate a defendant's First Amendment rights. Wisconsin Supreme Court reversed and remanded.
Court membership
Case opinions
Majority Rehnquist, joined by unanimous
Laws applied
U.S. Const. amend. I; Wis. Stat. § 939.645

Wisconsin v. Mitchell, 508 U.S. 476 (1993), was a case in which the United States Supreme Court held that enhanced penalties for racially-motivated crimes do not violate criminal defendants' First Amendment rights. It was a landmark precedent pertaining to First Amendment free speech arguments for hate crime legislation. In effect, the Court ruled that a state may consider whether a crime was committed or initially considered due to an intended victim's status in a protected class.


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