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Culture War Roundup for the week of May 29, 2023

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Update on Felony Charges for Tiki Torch Marchers

A month ago I mentioned the announcement that several people from the Charlottesville 2017 torch-light march were indicted on felony charges for "burning an object with the intent to intimidate." There was a lot of skepticism that this would stick given that the statute is being stretched quite far from its incarnation as an anti-cross burning law. @netstack wrote "For the record, I don’t expect the Charlottesville tiki-torchers to be convicted."

Last Thursday it was reported that a South Carolina man entered a guilty plea, the second one to do so. He was sentenced to five years in prison / four and a half suspended:

A South Carolina man has pleaded guilty to a charge in connection with a torch march that occurred at the University of Virginia in 2017.

Tyler Bradley Dykes entered a guilty plea to burning an object with the intent to intimidate on Thursday.

He was sentenced to five years in prison, with four and a half years of that suspended.

Dykes is the second person to plead guilty.

Earlier this month, Will Zachary Smith of Texas also pleaded guilty to a charge of burning an object with the intent to intimidate.

As part of his plea deal, another charge associated with the Unite the Right rally was dropped.

Smith is scheduled to be sentenced in August.

The significance of this is that it's now precedent for "intent to intimidate" as an avenue for outlawing hate speech, which has traditionally had first amendment protections. I noted that Ron DeSantis's hate speech law signed in Jerusalem also contained verbiage surrounding an intent to intimidate, allowing for protestors to be asked to leave or be arrested/charged if they demonstrate on a university campus for the purposes of "intimidation." There was skepticism that "intimidation" could be stretched so far- but here we are, and it's already happened.

I notice that there are still no convictions!

Edit: whoops—a guilty plea does count. I was wrong, then.

I also notice that you’re determined to work in Ron “JEW” DeSantis’s JEWISH hate speech law signed JEWISHLY in JEWrusalem. You’re very persistent. I will stand by what I said before: that bill is a sensible modification of existing law. Hanging out on a campus was already a crime; this breaks out intimidation as a specific motivation with different charges and reporting requirements. As @Gdanning pointed out, there’s a firm constitutional basis for that regardless of Charlottesville.

I notice that there are still no convictions!

There have been two convictions.

I had to look it up, but you’re right. A guilty plea counts.