This week begins the trial of the Aug. 2017 Charlottesville Neo-Nazis. Defendants, incl. Richard Spencer & Chris Cantwell, are charged w/ "unlawful violation of civil rights" of victims of violence. The trial marks a major moment of legal reckoning. #charlottesville
But it’s not a federal govt. trial, but a civil lawsuit. Why? One murder & one assault conviction aside, no other major cases have been brought by authorities. So victims have turned to an alternative route: suing for civil damages. How can they do that? bit.ly/3py5F3C
Post-Civil War law designed to stop White Supremacy allows citizens to sue for “conspiracy to interfere with civil rights." Victims allege “an unlawful conspiracy…to deprive black, Jewish, nonwhite[s], and their white supporters, of … equal protection” bit.ly/3vEgpyB
But that’s not all. Plaintiffs also seek damages under VA law that makes it a “civil conspiracy” to perpetrate “racial, religious, or ethnic” harassment, violence & hate crimes against individuals -- plus “assault” & “emotional distress.” bit.ly/2Zne4wh
Plaintiffs will use online evidence to claim premeditation. Defense will likely claim 1A protection, and shift blame for violence to C-ville police, govt. & Antifa. They’re using antisemitism to demonize plaintiff counsel & claim "Christian" victimhood. bit.ly/3CcvNEX
How will it all play out? We find out tomorrow. I'll have much more to say about this, esp. on the trial's place in debates about antisemitism, racism, and intersectionality; Free Speech/Hate Speech; and the larger search for American justice in our troubled era.
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