Clayton police explain difference between hate crimes and protected speech after August incidents

Chief Smith, Clayton chief of police, told the Community Equity Commission that Missouri law distinguishes a hate crime from a hate incident and explained how the city responds to incidents motivated by bias. “A hate crime is a crime that the state believes to be knowingly motivated because of race, color, religion, national origin, ***, ****** orientation, or disability of the victim or victims,” Chief Smith said. He added that “a hate incident is motivated by bias or hate but does not rise to a criminal offense.”

The chief described why the department sometimes withholds images of hateful graffiti: releasing images can identify a victim’s location, may violate a victim’s wishes and can “amplify the hate.” He said the department received criticism after an August incident in which drone footage captured hateful graffiti on the street; officers had asked…