This section contains the nature of the case and procedural background.

A group of Black boys beat on a White boy for no reason other than he was white. The boy was rendered unconscious and remained in a coma for four days. Mitchell (D) the instigator was convicted of aggravated battery. The jury also found that D selected his victim based on race and as such the maximum sentence for the crime was raised from 2 to 7 years. D was sentenced to four years. The Wisconsin Supreme Court held that the enhancement statute based on its criteria of race, religion, color, disability, sexual orientation, national origin or ancestry violates the First Amendment and unconstitutionally overbroad. The Supreme Court granted certiorari.

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