'So, if you say something that makes someone 'reasonable' feel 'threatened' or 'frightened,' that would be a crime. To call that overbroad is the understatement of the century — which is why Michigan Republicans aren’t on board.' -Brad_Polumbo
According to the law, “A person is guilty of a hate crime if that person maliciously … and intentionally does any of the following to an individual based in whole or in part on [a protected characteristic] ...That’s right: Intimidating another individual can land you up to two years in jail, a felony on your record, and a $5,000 fine.
So, if you say something that makes someone “reasonable” feel “threatened” or “frightened,” that would be a crime. To call that overbroad is the understatement of the century — which is why Michigan Republicans aren’t on board. "Threats and violence and things of that nature and protecting against crime is certainly something that we absolutely should be doing in Michigan. But we shouldn't be building that around an individual's feelings of being frightened," Republican state Rep. Steve CarraEven completely nonpartisan free speech watchdogs such as the Foundation for Individual Rights and Expression have serious concerns about this legislation.
‘‘True threats’ are not protected speech, and therefore legitimately proscribable by the government,” FIRE Legislative Council Tyler Coward told me. “However, [the Michigan bill’s] inclusion of the word ‘frighten’ could render the statute unconstitutional.” Coward further said that its vagueness “invites a tremendous amount of mischief” and added that “FIRE’s 24 years of defending free speech on campus show that overbroad and vague anti-discrimination and anti-harassment speech codes will almost inevitably be misused.”
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