Wisconsin v. Mitchell, 508 U.S. 476 (1993), was a case in which the United States Supreme Court held that enhanced penalties for hate crimes do not violate criminal defendants' First Amendment rights.

Members of this group were discussing the film Mississippi Burning; in particular, a scene in which a white man beat a young black boy who was praying.

According to the facts, undisputed by the respondent, in the briefs filed in lower courts, the group had discussed the scene indoors while drinking, and later moved outside the apartment complex.

Looking across the street, Mitchell and the group spotted Gregory Reddick, a white fourteen-year old, walking home from a nearby pizza parlor.

This was pursuant to a Wisconsin statute (939.645) that allowed for such an increase if it could be shown that the defendant, "[i]intentionally selects the person against whom the crime... is committed... because of the race, religion, color, disability, sexual orientation, national origin or ancestry of that person...."[5] The Circuit Court sentenced Mitchell to four years imprisonment.

Among these secondary effects mentioned were the increased likelihood of a bias-motivated crime to provoke retaliation, to inflict greater emotional distress on the victim, and to incite community unrest.

The Court explained that, these secondary effects were more than adequate reason for such a sentencing enhancement, especially if, as stated above, the law was not explicitly targeting beliefs or statements.

Regarding the "chilling effect" argument presented by Mitchell's side, the Court stated that it "[found] no merit in this contention."

Because lesser crimes such as "negligent operation of a motor vehicle" (cited in the opinion) were very unlikely to ever be racially-based, the Court stated that for this statute to be over broad one would have to consider the prospect of a citizen actively suppressing their bigoted beliefs because they believed they could be used against him or her at a trial for a serious offense such as burglary, battery, or murder.