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leveymg

(36,418 posts)
22. If the sign were surrounded by firearms, it might. That is exactly the case here.
Sun Dec 6, 2015, 01:20 PM
Dec 2015

I don't know what the personal history of the shop owner is, but if he could be shown to have been involved personally or as part of a group in hate crimes or violence against Muslims, I would say, this might be an act of intimidation that could be actionable.

I believe that this is a case of display with the intent to intimidate a specific group where, like a noose or burning cross, the court has upheld bans of some symbolic acts amounting to "hate crime" as constitutional: http://www.firstamendmentcenter.org/states-move-to-add-nooses-to-list-of-outlawed-symbols

Constitutionality of noose-display laws

Opponents of such measures question the wisdom of targeting a particular symbol. They point out that the U.S. Supreme Court twice, first in 1989 and again in 1990, struck down state and federal laws singling out flag-burning. They worry that the list of disfavored symbols could grow and lead to a reduction in freedom of expression.

Supporters of noose-display laws rely heavily on the U.S. Supreme Court’s 2002 decision in Virginia v. Black, which upheld the bulk of a state cross-burning law. The Virginia law provided: “It shall be unlawful for any person or persons, with the intent of intimidating any person or group of persons, to burn, or cause to be burned, a cross on the property of another, a highway or other public place.”

The high court reasoned the cross-burnings done with the intent to intimidate others constitute true threats unprotected by the First Amendment. Justice Sandra Day O’Connor wrote in her opinion that “when a cross burning is directed at a particular person not affiliated with the Klan, the burning cross often serves as a message of intimidation, designed to inspire in the victim a fear of bodily harm.” She continued: “Intimidation in the constitutionally proscribable sense of the word is a type of true threat, where a speaker directs a threat to a person or group of persons with the intent of placing the victim in fear of bodily harm or death.”

The Virginia v. Black opinion explains why many of the noose-display laws, rather than imposing a flat ban, contain language requiring that the display or drawing involve an “intent to intimidate.” The Supreme Court reasoned that not all cross-burnings necessarily were done with an intent to intimidate and, thus, may not qualify as true threats. The same logic applies to noose displays.

Recommendations

0 members have recommended this reply (displayed in chronological order):

It must be alright then to have a Jewish free zone, and a black free zone now also. LiberalArkie Dec 2015 #1
The Oligarchs, Corporations And Banks Are Beside Themselves With All The Distractions cantbeserious Dec 2015 #2
+1 Populist_Prole Dec 2015 #24
The judge is actually right. Someone from the CAIR needs to go in and get denied service. X_Digger Dec 2015 #3
What happens if they post a second sign, "We reserve the right to deny service - we are armed"? leveymg Dec 2015 #6
You can put up a sign that says, "Unattended children will be eaten." X_Digger Dec 2015 #10
The threat can be a crime - that's circumstantial - if the owner has a reputation for baby eating. leveymg Dec 2015 #11
I do disagree, yes. X_Digger Dec 2015 #12
What if the gun shop owner had a history of threats against Muslims? leveymg Dec 2015 #14
Making a threat doesn't subsequently remove your right to free speech in the future, no. X_Digger Dec 2015 #16
Correct, but a threat is grounds for seeking suit for tortious wrong as it might also be grounds leveymg Dec 2015 #19
I can't imagine a case where your sign would be taken, prima facie, as a threat. X_Digger Dec 2015 #21
If the sign were surrounded by firearms, it might. That is exactly the case here. leveymg Dec 2015 #22
So every sign in a gun shop is a threat because it's a gun shop? "No checks." (OR I'LL SHOOT YA!) X_Digger Dec 2015 #23
The key provision is also that the display is on another's property. NutmegYankee Dec 2015 #25
Muslims in this country have enough speech against minorities, etc, that you don't Yo_Mama Dec 2015 #18
Not attempting to justify one set of wrongs with another. leveymg Dec 2015 #20
Wrong. closeupready Dec 2015 #7
Why do you think the ACLU had William Smith and James Yates attempt to get a marriage license in KY? X_Digger Dec 2015 #9
The owner can call his store anything he wants LittleBlue Dec 2015 #4
well no but it is still odious. Warren Stupidity Dec 2015 #5
You're right frazzled Dec 2015 #26
In some respects, yes. And I'd be lying if I said closeupready Dec 2015 #8
The case fell apart because to have standing you actually must be denied service. NutmegYankee Dec 2015 #13
The plaintiff had no standing. MohRokTah Dec 2015 #15
It was dismissed for lack of standing, because claimants did not show that anyone was refused Yo_Mama Dec 2015 #17
No The River Dec 2015 #27
Actual refusal and discrimination has to happen in order to sue. And my friend you live in a country Bluenorthwest Dec 2015 #28
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