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39 UCLA L. Rev. 333 (1991-1992)
Sticks and Stones Can Put You in Jail, but Can Words Increase Your Sentence - Constitutional and Policy Dilemmas of Ethnic Intimidation Laws

handle is hein.journals/uclalr39 and id is 347 raw text is: ARTICLE
STICKS AND STONES CAN PUT YOU IN
JAIL, BUT CAN WORDS INCREASE YOUR
SENTENCE? CONSTITUTIONAL AND
POLICY DILEMMAS OF ETHNIC
INTIMIDATION LAWS
Susan Gellman*
INTRODUCTION
Sticks and stones may break my bones, but names can never
hurt me! We have all heard it and repeated it since childhood. In
recent years, however, many members of the legal, political, and
sociological communities, as well as the general public, have begun
to question this schoolyard dogma when applied to ethnic intimi-
dation crimes: violent or harassing offenses motivated by racism,
antisemitism, sexism, or other forms of bias. In response to public
outrage over such acts, legislative bodies have enacted a wide array
* Adjunct Professor, Capital University Law School; Assistant Public Defender,
Ohio Public Defender Commission. J.D. 1986, Ohio State University; M.S. 1980, Co-
lumbia University; A.B. 1978, Brandeis University; Counsel for the defendant in the
Ohio Supreme Court in State v. Wyant, No. 90-CA-2, 1990 Ohio App. LEXIS 5589
(Dec. 6, 1990), appeal granted, 60 Ohio St. 3d 703, 573 N.E.2d 120 (1991), and co-
counsel in State v. Van Gundy, No. 90-AP-473, 1991 Ohio App. LEXIS 2066 (Apr. 16,
1991), appeal granted.
I wish to tbank the administration, faculty, and staff of Capital University Law
School for their invaluable assistance, contributions, and support. Special thanks are
due to Dean Rodney Smith and Professors Susan Looper-Friedman and Donald A.
Hughes, Jr., and to the library staff. I am particularly indebted to Professor Daniel T.
Kobil, Arnold White, Esq., and Benson Wolman, Esq., my Van Gundy co-counsel, for
their insights, research, and enormous contributions to this Article. Finally, thanks to
the Honorable Max Rosenn of the United States Court of Appeals for the Third Circuit
for his contributions and consultation.

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