Posted on Dec 4, 2023
Iowa court affirms hate crime conviction of man who left anti-gay notes at homes with Pride flags...
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Handwritten notes with anti-gay slurs turned up in June of 2021 taped to the front doors of five renters and homeowners in the town of Boone who displayed rainbow flags or decals.
The Iowa Supreme Court affirmed the hate crime conviction Friday of a man who posted hand-written notes at homes with rainbow flags and emblems, urging them to “burn that gay flag.”
The majority rejected the claim by Robert Clark Geddes that his conviction for trespassing as a hate crime violated his free speech rights. But a dissenting justice said a hate crime conviction wasn’t appropriate since it wasn’t clear if the people displaying the symbols were actually associated with the LGBTQ community.
As the court noted, the rainbow flag has come to symbolize support for LGBTQ rights. The majority said the state statute in question does not criminalize speech, but rather conduct with a specific intent — trespassing because the property owners or residents had associated themselves with a protected class.
“The individuals’ display of the LGBTQ+ flag or flag decal on their own properties was an exercise of First Amendment rights; the defendant’s surreptitious entry onto those properties to post his harassing notes was not,” the court said.
The Iowa Supreme Court affirmed the hate crime conviction Friday of a man who posted hand-written notes at homes with rainbow flags and emblems, urging them to “burn that gay flag.”
The majority rejected the claim by Robert Clark Geddes that his conviction for trespassing as a hate crime violated his free speech rights. But a dissenting justice said a hate crime conviction wasn’t appropriate since it wasn’t clear if the people displaying the symbols were actually associated with the LGBTQ community.
As the court noted, the rainbow flag has come to symbolize support for LGBTQ rights. The majority said the state statute in question does not criminalize speech, but rather conduct with a specific intent — trespassing because the property owners or residents had associated themselves with a protected class.
“The individuals’ display of the LGBTQ+ flag or flag decal on their own properties was an exercise of First Amendment rights; the defendant’s surreptitious entry onto those properties to post his harassing notes was not,” the court said.
Iowa court affirms hate crime conviction of man who left anti-gay notes at homes with Pride flags...
Posted from nbcnews.com
LGBTQ+
Crime
Justice
Posted 6 mo ago
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PO1 William "Chip" Nagel good day Brother William, always informational and of the most interesting. Thanks for sharing, have a blessed day!
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PO1 William "Chip" Nagel
..."As the court noted, the rainbow flag has come to symbolize support for LGBTQ rights. The majority said the state statute in question does not criminalize speech, but rather conduct with a specific intent — trespassing because the property owners or residents had associated themselves with a protected class.
“The individuals’ display of the LGBTQ flag or flag decal on their own properties was an exercise of First Amendment rights; the defendant’s surreptitious entry onto those properties to post his harassing notes was not,” the court said.
Handwritten notes turned up in June of 2021 taped to the front doors of five renters and homeowners in the town of Boone who displayed rainbow flags or decals. All said, “burn that gay flag.” One contained additional anti-gay slurs. The recipients told police they found the notes “alarming, annoying and/or threatening,” according to the decision.
Based on surveillance video from some of the homes, police identified Geddes as the man who left the notes, and he acknowledged posting them. He was charged with five counts of trespassing as a hate crime. He was later convicted and was sentenced to up to two years of probation.
On appeal, Geddes argued prosecutors failed to prove he targeted persons who were LGBTQ or had a connection with them. He said his conviction therefore violated his free speech rights.
Iowa’s hate crime law requires that the victim was targeted because of their “race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age or disability,” or because of their ”association with” people in those categories."...
..."As the court noted, the rainbow flag has come to symbolize support for LGBTQ rights. The majority said the state statute in question does not criminalize speech, but rather conduct with a specific intent — trespassing because the property owners or residents had associated themselves with a protected class.
“The individuals’ display of the LGBTQ flag or flag decal on their own properties was an exercise of First Amendment rights; the defendant’s surreptitious entry onto those properties to post his harassing notes was not,” the court said.
Handwritten notes turned up in June of 2021 taped to the front doors of five renters and homeowners in the town of Boone who displayed rainbow flags or decals. All said, “burn that gay flag.” One contained additional anti-gay slurs. The recipients told police they found the notes “alarming, annoying and/or threatening,” according to the decision.
Based on surveillance video from some of the homes, police identified Geddes as the man who left the notes, and he acknowledged posting them. He was charged with five counts of trespassing as a hate crime. He was later convicted and was sentenced to up to two years of probation.
On appeal, Geddes argued prosecutors failed to prove he targeted persons who were LGBTQ or had a connection with them. He said his conviction therefore violated his free speech rights.
Iowa’s hate crime law requires that the victim was targeted because of their “race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age or disability,” or because of their ”association with” people in those categories."...
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