34 U.S.C. § 30506 — Rule of construction

submitted 17 years ago by Pub. L. 111-84 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 427 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section explains how to interpret this division's rules. It protects free speech, religion, and association, unless they were meant to prepare for or incite violence. Courts cannot prosecute someone for beliefs or group membership alone.

This section sets six rules for how to interpret this division and its amendments. (1) In general. Nothing in this division lets a court, in a criminal trial for a crime under this division, admit evidence of speech, beliefs, association, group membership, or expressive conduct — unless the parties agree to it, or the evidence is relevant and admissible under the Federal Rules of Evidence. This division does not change the existing rules of evidence. (2) Violent acts. This division applies to violent acts motivated by a victim's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. (3) Construction and application. Nothing in this division may be construed or applied in a way that infringes First Amendment rights. It also cannot be construed or applied to substantially burden a person's religious exercise, speech, expression, or association — regardless of whether that exercise is compelled by or central to a religious belief system — unless the government proves the burden serves a compelling government interest and is the least restrictive way to further that interest. This protection does not apply if the religious exercise, speech, expression, or association was meant to (A) plan or prepare for physical violence, or (B) incite an imminent act of physical violence against someone else. (4) Free expression. Nothing in this division allows prosecuting someone based only on their expressed racial, religious, political, or other beliefs, or based only on their membership in a group that advocates such beliefs. (5) First amendment. Nothing in this division, or any amendment it made, may be read to reduce anyone's First Amendment rights. (6) Constitutional protections. Nothing in this division prohibits constitutionally protected speech, expressive conduct, or activities — including religious exercise protected by the First Amendment, and peaceful picketing or demonstration. But the Constitution does not protect planning, conspiring to commit, or committing an act of violence.

the actual law source: uscode.house.gov ↗public domain

For purposes of construing this division and the amendments made by this division the following shall apply:

(1) In general

Nothing in this division shall be construed to allow a court, in any criminal trial for an offense described under this division or an amendment made by this division, in the absence of a stipulation by the parties, to admit evidence of speech, beliefs, association, group membership, or expressive conduct unless that evidence is relevant and admissible under the Federal Rules of Evidence. Nothing in this division is intended to affect the existing rules of evidence.

(2) Violent acts

This division applies to violent acts motivated by actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of a victim.

(3) Construction and application

Nothing in this division, or an amendment made by this division, shall be construed or applied in a manner that infringes any rights under the first amendment to the Constitution of the United States. Nor shall anything in this division, or an amendment made by this division, be construed or applied in a manner that substantially burdens a person’s exercise of religion (regardless of whether compelled by, or central to, a system of religious belief), speech, expression, or association, unless the Government demonstrates that application of the burden to the person is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest, if such exercise of religion, speech, expression, or association was not intended to—

(A)

plan or prepare for an act of physical violence; or

(B)

incite an imminent act of physical violence against another.

(4) Free expression

Nothing in this division shall be construed to allow prosecution based solely upon an individual’s expression of racial, religious, political, or other beliefs or solely upon an individual’s membership in a group advocating or espousing such beliefs.

(5) First amendment

Nothing in this division, or an amendment made by this division, shall be construed to diminish any rights under the first amendment to the Constitution of the United States.

(6) Constitutional protections

Nothing in this division shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the first amendment to the Constitution of the United States and peaceful picketing or demonstration. The Constitution of the United States does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.

Source credit: (Pub. L. 111–84, div. E, § 4710, Oct. 28, 2009, 123 Stat. 2841.)

history & why it existsrecord from the source credit

2009Enacted · Pub. L. 111-84 · 123 Stat. 2841

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-84 on 2009-10-28.

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