Your First Amendment Rights Are Protected Unless the Government Decides They Aren't

Gotta love Hate Crimes legislation that is attached to Defense authorization bills:

Republicans argued that the two measures had nothing to do with each other. Beyond that, GOP lawmakers feared the new bill could infringe on First Amendment rights in the name of preventing broadly defined hate crimes. The bill's critics, including many civil libertarians, argued that the hate crimes provision could chill freedom of speech by empowering federal authorities to accuse people of inciting hate crimes, even if the speech in question was not specifically related to a crime.

Republican Sen. Sam Brownback offered an amendment saying the bill could not be "construed or applied in a manner that infringes on any rights under the First Amendment" and could not place any burden on the exercise of First Amendment rights "if such exercise of religion, speech, expression, or association was not intended to plan or prepare for an act of physical violence or incite an imminent act of physical violence against another."

The Senate passed Brownback's amendment. After that, several Republicans, their fears allayed, voted for the whole defense/hate crimes package, which passed the Senate last July.

Meanwhile, on the House side, representatives passed their own version of the defense authorization bill, which did not contain the hate crimes measure.

Then it was time for the House and Senate bills to go to a conference committee, where the differences between them would be ironed out. That's where the real action began.

First, the committee -- controlled by majority Democrats, of course -- inserted the hate crimes measure into the House bill, where it had not been before. Then lawmakers made some crucial changes to Brownback's amendment. Where Brownback had insisted, and the full Senate had agreed, that the bill could not burden the exercise of First Amendment rights, the conference changed the wording to read that the bill could not burden the exercise of First Amendment rights "unless the government demonstrates ... a compelling governmental interest" to do otherwise.