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STATE v. TALLEY

Nos. 58492-3, 58733-7, 58734-5.

122 Wn.2d 192 (1993)

858 P.2d 217

THE STATE OF WASHINGTON, Appellant, v. DAVID K. TALLEY, Respondent. THE STATE OF WASHINGTON, Appellant, v. DANIEL MYERS, Respondent. THE STATE OF WASHINGTON, Appellant, v. BRANDON STEVENS, Respondent.

The Supreme Court of Washington, En Banc.

September 9, 1993.

Attorney(s) appearing for the Case

Norm Maleng, Prosecuting Attorney, and Donna L. Wise, Senior Appellate Attorney, for appellant.

Browne & Ressler and Allen M. Ressler, for respondent Talley.

Debra K. Hannula and Ken Scearce of Associated Counsel for the Accused, for respondent Myers.

Ronald R. Piper, for respondent Stevens.

Phillip H. Ginsberg (Tzivia Schwartz, Ruth Lansner, and Steven M. Freeman, of counsel) on behalf of the Anti-Defamation League, amicus curiae for appellant.

Paul J. Lawrence and Adam W. Gravley on behalf of the American Civil Liberties Union of Washington, amicus curiae.

MADSEN, J.

Nearly every state has passed what has come to be termed a "hate crimes statute". See Hate Crimes Statutes: A Status Report, Anti-Defamation League Legal Affairs Department, Civil Rights Division (Washington, D.C. 1991). Some of these statutes enhance penalties where crimes are bias motivated or target certain victims. Other statutes punish various forms of hate speech, such as cross burning. Hate Crimes, at 1-2. The primary inquiry in this...

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