Sen. John Kennedy, R-La., repeatedly suggested a leading Arab American activist is a Hamas supporter when she testified Tuesday at a Senate Judiciary Committee hearing on hate crimes, and he told her she should hide her “head in a bag.”
The activist, Maya Berry, said repeatedly that she did not support Hamas and was “disappointed” by the minuteslong exchange toward the end of a hearing called “A Threat to Justice Everywhere: Stemming the Tide of Hate Crimes in America.”
Technically it doesn’t legalize it, it just avoids the criminalization of it. This is significant because it makes it much easier to reform (which is how around half of states have reformed it at least a little), and this combined with the fact that most states lack significant reforms tells you a lot.
I think the text is pretty direct about permitting it. If it is listed as an exception to that which shall not exist, then it is explicitly allowed to exist.
It’s not a de-facto exception by omission, it is named as permissable within the text of the amendment.
Removed by mod
Sure, but also worth noting that some prisons are federally run, a state wouldn’t have the jurisdiction to ban something that the fed controls. That is why reform needs to come from the top, not just at the state level.