Man faces hate crime charge in Scotland over dog's 'Nazi salute'

[mahatmakanejeeves]

41. More about that. First, what was the charge?

Good morning, progree.

U.S. Attorneys » Northern District of Mississippi » News

Department of Justice

U.S. Attorney’s Office

Northern District of Mississippi

FOR IMMEDIATE RELEASE

Thursday, March 24, 2016

Second Man Pleads Guilty to Tying Rope Around Neck of James Meredith Statue on Ole Miss Campus

WASHINGTON – A second man pleaded guilty to a federal civil rights crime for tying a rope and Confederate flag around the neck of the James Meredith Statue at the University of Mississippi. Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division made the announcement.

Austin Reed Edenfield, of Kennesaw, Georgia, pleaded guilty to one count of using a threat of force to intimidate African-American students and employees because of their race or color. Edenfield was charged by information shortly before the plea. His sentencing date has not yet been set.

IANAL, but I think this is the specific statute:

Federal Civil Rights Statutes

....
Title 18, U.S.C., Section 245
Federally Protected Activities
1) This statute prohibits willful injury, intimidation, or interference, or attempt to do so, by force or threat of force of any person or class of persons because of their activity as:

a) A voter, or person qualifying to vote...;

b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by the United States;

c) an applicant for federal employment or an employee by the federal government;

d) a juror or prospective juror in federal court; and

e) a participant in any program or activity receiving Federal financial assistance.

2) Prohibits willful injury, intimidation, or interference or attempt to do so, by force or threat of force of any person because of race, color, religion, or national origin and because of his/her activity as:

a) A student or applicant for admission to any public school or public college;

b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by a state or local government;

c) an applicant for private or state employment, private or state employee; a member or applicant for membership in any labor organization or hiring hall; or an applicant for employment through any employment agency, labor organization or hiring hall;

d) a juror or prospective juror in state court;

e) a traveler or user of any facility of interstate commerce or common carrier; or

f) a patron of any public accommodation, including hotels, motels, restaurants, lunchrooms, bars, gas stations, theaters...or any other establishment which serves the public and which is principally engaged in selling food or beverages for consumption on the premises.

It's going to take more time than I have right now, but I suspect that others who have faced this charge and have been convicted have filed appeals. I'm further guessing that some of those appeals were based on the argument that the activities were protected speech. How those appeals turned out, I do not know, but Title 18, U.S.C., Section 245 seems still to be in place.

You know how much I like to link to Federal documents, so here is a link to that:

18 U.S.C. 245 - Federally protected activities

Scroll down to "CHAPTER 13 - CIVIL RIGHTS (sections 241 - 249)."

Best wishes.