Sen. Obenshain to introduce anti-noose legislation.
Sen. Mark Obenshain intends to introduce legislation making the display of a noose a felony, when it’s done to intimidate, which could bring up to five years in prison. I’m an opponent of these sorts of laws. I think they’re ridiculous. A judge is fully capable of determining whether an act is designed to intimidate, and how serious that it is. If the law does not permit judges to determine what does or does not constitute a threat, then that’s the legislation that’s needed. There’s no need to have laws that specify every thing that is or is not intimidating. (And, since we’re codifying this, does the law specify what a noose is? Must it be tied with a hangman’s knot? What if it’s just use a uni-knot? Or a square knot? What if it’s just a piece of rope looped back and held with duct tape, unsuitable for hangings? Or a picture of a noose?) These fluffy, feel-good laws are a waste of the legislature’s time, the sort of thing that one would expect from far-left Democrats (i.e., “truck nuts,” “droopy drawers”), not a far-right Republican like Obenshain.
Former senator George Allen long kept a noose in his downtown Charlottesville office, hanging from a small ficus tree. He said it was to show how tough he was on criminals, which is another way of saying that its purpose was to intimidate. I wonder if Allen could be charged under Obenshain’s proposed legislation. During his ill-fated 2006 reelection campaign, he started claiming that it was “more of a lasso.” Could a group of white supremacists say the same thing and avoid prosecution under this law?
Judges are big boys and girls. Let them decide what is and is not a noose, and when it’s intended to intimidate and when it’s not.
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