LANSING, Mich. (Michigan News Source) – A recent U.S. Supreme Court (SCOTUS) decision may put a damper on Michigan House Bill 4474 which seeks amend the state’s Ethnic Intimidation Act and make it a hate crime if perceived verbal harassment causes “severe mental anguish.”

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The SCOTUS ruling in Counterman v. Colorado found that Colorado prosecutors and judges violated a man’s Constitutional rights in a stalking case. Essentially, the SCOTUS ruling strengthens First Amendment protections for threatening statements.

David Kallman, an attorney with the Great Lakes Justice Center, called House Bill 4474 unconstitutional long before the Counterman v. Colorado ruling.

“You cannot prosecute someone based upon the alleged victim’s hurt feelings,” Kallman said.

Michigan’s current Ethnic Intimidation statute prohibits verbal or physical threats that “cause physical contact or damage property.” The expansion of this law would mean even “intimidation of another individual” would result in a hate crime charge.

“What words can cause another person to feel frightened? What words can cause another person to feel harassed? No one knows. What words can cause another person to feel intimidated? No one knows,” Kallman said.

The bills, introduced in April by a slew of Democratic lawmakers, will be taken up in the Michigan Senate this week.