State v. Stalder
Florida Supreme Court
630 So. 2d 1072 (1994)
- Written by Sharon Feldman, JD
Facts
Herbert Cohen went to the home of Richard Stalder (defendant) to retrieve a friend’s earrings. Stalder pushed Cohen and made obscene statements about Cohen’s Jewish heritage. Stalder was charged with battery, a first-degree misdemeanor. Stalder made similar statements when driving by Cohen’s friend’s house and upon seeing Cohen in court. The penalty for Stalder’s crime was subject to reclassification to a felony under Florida’s hate-crimes statute (Florida Statutes § 775.085), which provided for enhanced penalties if the commission of the offense evidenced prejudice based on the victim’s race, color, ancestry, ethnicity, religion, or national origin. The trial court granted Stalder’s motion to dismiss the enhancement charge, ruling that § 775.085 violated the First Amendment’s Free Speech Clause. The state appealed. The district court certified the order as a matter of great public importance requiring immediate resolution by the Florida Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Shaw, J.)
Concurrence (Kogan, J.)
Dissent (Harding, J.)
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