No charges pending in Crofton ‘hate bias’ incident

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Anne Arundel County Police provided an update on a “hate bias incident” that took place in Crofton, saying no criminal charges are pending.

The department is still actively investigating the incident.

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A campaign volunteer for Anne Arundel County Executive candidate Pete Smith reportedly was the target of “racist and threatening comments,” police said.

The Anne Arundel County website features a page listing differences between hate bias incidents and hate crimes. Hate bias incidents are defined as “any act or expression of hostility or aggression that is motivated by bias against a protected class but does not constitute a crime under local, state, or federal law.”

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Federal law has weighed in on similar cases before. In Brandenburg v. Ohio, the Supreme Court ruled that hate speech is protected under the First Amendment unless the speech is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action”