News-Record.com

Tuesday's No. 2 editorial.

Cross-burning and displaying nooses to intimidate minorities aren’t just vile acts relegated to history books. They can and do happen.

A bill approved by the state Senate would raise to felony status the existing penalty for carrying out such threats. The proposed longer prison stays ought to convince potential violators that these aren’t childish pranks.

But, while intimidators must be punished, free speech can’t be stifled. And that inevitably comes down to intent.

If robed Klansmen burn crosses and spew hate-filled rhetoric, there’s little doubt as to their motives.

But the message wasn’t as precise when a toy action figure with a string tied around its neck was found this spring in a classroom at Appalachian State University.

The arrests last year of six African American students in Jena, La., for assaulting a white student after nooses were found on a high school campus led to dozens of copycat incidents nationwide. When that happens, the motivation can be purely self-serving.

In the end, the courts must determine if the intent was to harm or the act was merely a misguided bid for attention. Clearly, there will be dicey exceptions to a worthwhile law. The stakes will be much higher for a felony.

Yet the crux of the matter remains intimidation. And, as communities change, so does the victim profile. Religion, nationality or country of origin can be as much of a factor as race.

The bill, sponsored by Sen. Doug Berger, D-Franklin, targets those who would harm people just because they look or sound different. Together with state and federal hate-crime laws, Berger’s bill can make a difference.

Passed in the Senate by a 47-3 margin, it now goes to the House. But, before approving it, members should take time to address those lingering First Amendment concerns.