Abstract:

The article’s methodology is to examine the available multi-jurisdictional evidence of hate and bias crime, and then synthesize an outcome in the American law to explain its elaboration into social media hate crime. The argument begins with a reader’s special briefing on the rhetorical theory of judicial construct elaboration. Then, the argument moves to a contextual analysis of the American judicial rhetoric in the development of hate crime laws, because this field of law apparently began in America. To link the prior sections, the argument then provides an explication of motive, purpose, and intention, as relevant to hate crime. The links will be finalized into a final synthesis, within the latter conclusion. Prior to the article’s conclusion, the argument sets out an exegesis of operative hate crime statutes and the case law in the US.