Virginia Attorney General Mark Herring wants to extinguish hate in Virginia. For that, he deserves heaps of praise. But in his zealousness to rid Old Dominion of white supremacism’s virulence, he should be more mindful of the Constitution.
For the most part, Herring’s ideas are reasonable, if not prudent. Yet there is one provision that is, at best, constitutionally problematic. Offered as a measure to “further restrict the kind of paramilitary activity by white supremacist militias and similar groups that was seen in Charlottesville in August 2017,” the proposed law, if it is to at all resemble Herring’s previous paramilitary bill, is unconstitutionally vague.
(View the full article here).