Race-Motivated Threats Punished

A former American career diplomat has been sentenced for a civil rights violation for sending threatening voice messages and e-mails, in violation of 18 U.S.C. § 245(b)(2)(C) (using threats to intimidate and interfere with employment based on race and religion) and 18 U.S.C. § 875(c) (transmitting threats in interstate commerce).  He received two concurrent sentences of 12 months of imprisonment followed by 3 years of post-release supervision, 100 hours of community service and was ordered to pay a $10,000 fine.

UCLA Professor Eugene Volokh analyzed the constitutionality of criminalizing such communications at the time of the indictment, emphasizing the fact that these communications were directed toward inidividuals, not general expressions of hatred for members of a certain class.Thanks to Shaw, Bransford, Veilleux & Roth, P.C. for alerting us to the recent sentencing.