This is another example of the insanity that is so rampant in our culture and society right now. I’ve never witnessed anything like it. How can any judge justify this? They should be disbarred.
It seems to me that he was not sentenced for burning a flag but the combination of his actions together with the reason/intent (that he confessed to) for them were deemed a hate crime.
I am not a legal expert so will be interesting to see the views of other posters who have more experience in legal matters.
There is a difference between hate speech and free speech.
Edit - Seeing the other posts about three strikes then I agree that also played into it.
No there is not, not in a legal/constitutional sense anyway.
There is a proper legal distinction between ordinary crime and hate crime,
but even there the line is a bit tricky. ex: burn a pride flag to protest transvestite story hour or burn it because one hates transvetites
In general, hate crime laws provide stiffer penalties when a crime is motivated by hate.
Imagine:
5 years for assault
10 years for assaulting someone because he is a white guy in the wrong part of town.
They are controversial for a number of reasons, not limited to the fact that prosecutors are often accused of applying them unequally. (White guy uses a slur while committing a crime he gets a heavier sentence than a black guy using the same slur and committing the same crime.)