By Andrew Smith
March 7, 2011
Eric Freedman, a constitutional law expert at Hofstra University, was skeptical that Del Col’s argument would be convincing.
He said a different argument could be successful, however, citing a 1992 Supreme Court case in which the justices ruled that the First Amendment protects a defendant’s right to join racist groups. Therefore, membership in groups such as the Aryan Brotherhood can’t be held against a defendant during sentencing, the court ruled.
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