Blood On Their Hands

Tuesday, November 3, 2009

Blood On Their Hands

The federal "hate crimes" measure recently signed into "law" by Barack Obama will do nothing to protect innocent people from criminal violence. But thanks to the cynical pressure group politics that led to passage of that measure, thousands of innocent people will certainly die.

Working with its congressional allies, the White House attached the hate crimes measure as an amendment to the most recent military spending measure, a $680 billion appropriation that contains at least $120 billion to fund the ongoing slaughter in Iraq and Afghanistan.

The brutally honest Chris Hedges describes how this arrangement managed to unite advocates of tyrannical "tolerance" on the home front with those who promote the mass murder of harmless foreigners abroad:

"It was a clever piece of marketing. It blunted debate about new funding for war. And behind the closed doors of the caucus rooms, the Democratic leadership told Blue Dog Democrats, who are squeamish about defending gays or lesbians from hate crimes, that they could justify the vote as support for the war. They told liberal Democrats, who are squeamish about unlimited funding for war, that they could defend the vote as a step forward in the battle for civil rights. Gender equality groups, by selfishly narrowing their concern to themselves, participated in the dirty game."

The price of "tolerance": An Afghan child displays the burns inflicted by a NATO bombing (left); other "liberated" Afghans and Iraqis are seen below. Hundreds or thousands of additional victims will die thanks to the political deal that brought about the new hate crimes law.

Granted, it isn't likely that the Pentagon appropriation, including the war funding, would have been defeated.

The difference between this measure and its predecessors is this: The leading elements of the "hate industry" -- those sanctimonious scolds who make a handsome living tutoring the rest of us in the ways of "tolerance" -- are now directly implicated in the avoidable mass murder of innocent people in the Near East.

For the squalid collection of pressure groups that promoted passage of the hate crimes measure, -- the so-called Anti-Defamation League, the self-styled Human Rights Campaign, the fraudulently named Southern Poverty Law Center, et. al. -- this is an entirely acceptable arrangement. Their fund-raising will prosper; their stature in Washington will continue to grow; their influence over law enforcement will expand; most importantly, the power of the state to persecute their political enemies will be significantly enhanced.

Oh, sure -- the political trade-off behind this "victory" means that poor brown people in Afghanistan, Pakistan, and Iraq will suffer violent death in their homes, streets, and houses of worship, cultivating understandable anti-American hatred that will yield a bloody harvest of terrorism and unending war.

But, hey, aren't we talking about religion-obsessed, hetero-patriarchal homophobes, anyway? Wouldn't the world be better off if we were to be rid of such intolerant people?

Through its involvement in the political deal that led to passage of the hate crimes bill, the Hate Industry (aka the Tolerance Lobby) took an ownership interest in the regime's wars of aggression abroad.

Those running that Lobby are certainly smart enough to have realized this. The moral calculus behind that trade-off must be similar to the self-serving calculations of Raskolnikov in Crime and Punishment: Since there is a certain sacrificial "percentage" of people who are fated to die each year to serve society's "greater" interests, why scruple over the death of a single unpleasant, greedy old woman -- or several thousand innocent Afghans, Pakistanis, or Iraqis? And wouldn't there be something redemptive in using that horrible war to do something to advance the cause of "tolerance" here?

The hate crimes legislation signed by Obama on October 28 bore the names of James Byrd and Matthew Shephard, murder victims whose assailants were found, prosecuted, and punished very efficiently without the dubious benefit of a federal "hate crimes" statute. There is no shortage of laws dealing with criminal violence against innocent people. But purposes served by "hate crimes" laws have nothing to do with protecting the innocent.

"Hate crimes" statutes invert the priorities described by Justice Felix Frankfurter (in a moment of atypical wisdom): "Law is concerned with external behavior and not the inner life of man." By enhancing the penalty for criminal acts either provably or putatively rooted in certain proscribed attitudes, "hate crimes" statutes impermissibly assert the government's jurisdiction over the inner life of individuals. This is, in principle, an assertion of totalitarian power.

The newly enacted hate crimes measure also expands the assault on what remains of federalism. During that brief and fondly remembered period during which the U.S. Constitution was recognized as the "law of the land," it was understood that whatever police powers could properly be exercised were (with very few specific exceptions) entirely within the purview of the individual states.

Briefly indulging the winsome fantasy that the Constitution is in some way relevant to the actions of the government ruling us, we dust off Federalist #45 in which Madison, the primary author of the Constitution, explained that the "few and defined" powers of the federal government do not include a general police power (as the Lopez ruling reminded us a few years ago).

"Did you take offense over an opinion, an unfriendly look, a politically incorrect bumper sticker or t-shirt inscription? Give us a call!"

By way of contrast, the "numerous and indefinite" powers reserved to the states "extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people" as well as matters of "internal order" -- that is, police power dealing with the protection of life, limb, and property.

There are myriad sound reasons why states shouldn't enact hate crimes laws, but they're constitutionally free to do so. The newly enacted federal measure, on the other hand, is facially incompatible with the assignment of powers described by Madison and required by the 10th Amendment precisely because it would permit federal intervention in criminal matters that fall entirely within the innate jurisdiction of the states.

That jurisdictional arrangement can be changed, of course -- through a constitutional amendment. That not being the case here, there are ample legitimate grounds for state governments to nullify the new federal hate crimes measure. Ironically, one of the arguments used by the measure's supporters actually amounts to what could be called "nullification in reverse."

The new hate crimes "law" provides for an end-run around the Constitution's prohibition of double jeopardy, thereby encouraging federal prosecution of people either acquitted by local courts, or charged with offenses other than "hate crimes."

Defenders of this approach insist that this is "necessary" because some local jurisdictions are fetid pools of bigotry, thereby creating the prospect of jury nullification on the basis of racial or other prejudice. They say that this approach is constitutionally appropriate because of the "dual sovereignty" relationship between states and the federal government.

Bear in mind that this argument comes from the lips and keyboards of left-collectivists who ordinarily regard any reference, however oblique, to state "sovereignty" as covert code for segregation or other offenses against "tolerance."

Tearing away the gauze of sophistry in which they've been swaddled, "dual sovereignty" prosecutions are substantively indistinguishable from double jeopardy. They also tend to be dictated by considerations extraneous to individual justice -- such as race-based interest group politics.

To understand how the "dual sovereignty" doctrine operates in practice, consider this contrast: After being acquitted of criminal charges by a local jury, the four police officers who beat Rodney King were subjected to a federal "civil rights" trial for the same offense, based on the same facts; two of them were convicted. However, when O.J. Simpson was acquitted of murder in what many regarded as a race-based act of jury nullification, he was not subjected to a "dual sovereignty" civil rights or hate crime prosecution.

But this sort of thing is to be expected of a system in which "justice" is a function of belonging to a government-protected collective. That's the vision being inflicted on our society through the new "hate crimes" law, a progressive victory purchased for the paltry cost of $120 billion to kill helpless foreigners.

Such a deal!

Source: Pro Libertate

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Top 11 Reasons You Should Fight Hate Laws

Unless we resist now, a thought crimes bureaucracy like those regulating Australia, Canada and Europe will soon rule America. In these nations, federal hate laws have destroyed citizens' rights to free speech. Punishment of politically incorrect bias is the ultimate goal of this legislation.

A national hate law would shatter Americans' First Amendment rights, which are now sadly unique among Western democracies. We would lose our precious freedom to express politically incorrect ideas, moral judgments, or whatever personal convictions the reigning thought police deem "hateful."

Think this can't happen in America? Think again.

Hostile work environment law and campus speech bans already severely curtail free expression in American workplaces and universities. A US federal hate law would follow the examples of Europe, Canada, and Australia where Christian pastors have been indicted simply for quoting politically incorrect Scripture in their sermons. Iceland's Orwellian hate law, for example, promises two years' jail if you verbally "insult" a person on the basis of their nationality, skin color, race, religion, or sexual orientation.

If a federal hate law were passed, free expression across the political spectrum would be threatened. What would happen to blasphemous art like Piss Christ or South Park, to Ann Coulter or Al Franken, to Christians protesting sodomy or homosexuals attacking the Bible? Every American, from left-leaning feminists to red state Republicans, should protest "anti-hate" legislation. If Rosie O'Donnell were an Icelander, she could have been prosecuted for verbal "assault" for her recent statement that radical Christianity is as dangerous as radical Islam. Political activists in nations with hate laws have already been indicted for criticizing Islam, Zionism, and homosexuality. Hate laws threaten your freedom to speak your mind, no matter what's on it.

Here are some of the most powerful, bipartisan reasons to fight this legislation.

1. Speech bans are a political weapon used by those in power to silence their opponents and politically unpopular minorities.

Hate laws empower the government to enforce the orthodoxy of whoever happens to be in charge. The government can define which biases or "hatreds" are unacceptable and which are okay. For instance, hate laws in our PC age allow women to derogate men but would silence men from legitimate (though possibly hurtful) speech like a discussion of biological gender differences.

In 2004 Swedish feminist Joanna Rytel wrote a hate-filled screed published in a major daily. Her article describes white men as arrogant, sex-obsessed and exploitative, explaining that Rytel just wants to "puke" on them. Stockholm authorities refused to indict Rytel under their hate law, saying it was passed to protect ethnic minorities, not white Swedes. This is one example of speech bans' uneven enforcement; they are used to punish certain kinds of hate and allow others.

Because almost every exercise of free speech offends someone, government officials would end up enforcing speech bans on the basis of their own bias. Speech bans simply can't be evenhanded unless everyone is shut up altogether.

In the real world, speech can and does wound. That's a cost of life. We naturally resent painful realities like economic competition, unfair comments, and hard work. But in each case, the cures we've tried were far worse than the sickness. Speech bans might censor some hurtful speech but would empower government to silence minorities and strip the intellectual marketplace of legitimate and needed expression-the kind that creates positive, social change precisely because it is minority and challenges the sins of the group.

2. Hate speech bans don't work.

Genuine racism and false hatreds exist in this world. Bans on hate speech, however, won't solve the problem. If you only break off a tick's body, its head will burrow deep beneath the skin. The only effective response to bad ideas is the truth. We should combat falsehoods with more and freer discussion, not less.

3. Hate laws aren't necessary.

ADL claims an epidemic of hate sweeps America that can only be fought with stiffened penalties for bias-driven crimes. Yet the FBI's 2005 Uniform Crime Report shows alleged hate crimes form a tiny 1/15 of 1 percent of all crime in America. Law enforcers' time would be far better spent fighting the 99.85 percent of crime that's happening every minute across our nation rather than getting entangled in discerning and testifying against the perceived motivations of a tiny minority of criminals.

Hate laws would require vast government bureaucracies, complicate law enforcement, and distract police and prosecutors from dealing with actual physical crimes. Government and law enforcement should focus on criminal acts, not words or motivations, in a nation where someone is murdered every 22 minutes, raped every 5, robbed every 49 seconds and burgled every 10 seconds. Discerning and prosecuting criminal motivations would only be a good plan if law enforcers had God's omniscience and time to waste. Ours have neither.

4. Hate speech bans are unconstitutional.

Because the First Amendment underwrites our most precious civil liberty, the US Supreme Court has repeatedly ruled against speech bans. In 1972 the Court declared, "[A]bove all else, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its contents." (Police Department of Chicago v. Mosley, 408 U.S. 92)

Some forms of speech are restricted; these include threats and "fighting words" that incite "an immediate breach of peace." But these restrictions are (and must remain) extremely narrow and content-neutral-the government is not allowed to censor speech based on the viewpoint it expresses but only on whether it constitutes an immediate threat. Hate laws, however, would punish the viewpoints expressed in speech, in violation of the Constitution.

International use of ADL-designed hate laws shows that the first kinds of speech to be sanctioned are extreme right, white nationalist speech and Holocaust reductionism. The average person is slow to defend such speech. But hate laws quickly broaden to punish forms of expression the average citizen would never dream of stifling. Sweden's 2002 modified hate law, for example, explicitly exposes Christian sermons to prosecution!

All forms of controversial political and religious speech are potentially vulnerable to prosecution under hate laws. This contradicts Supreme Court Justice Holmes Jr. who said in 1929, "[I]f there is any principle of the Constitution that more imperatively calls for attachment [loyal defense] than any other, it is the principle of free thought-not free thought for those who agree with us but freedom for the thought we hate."

5. Speech bans will be used against the very minorities they were meant to protect.

Speech bans silence some to protect the feelings of others. But when the government has power to silence expression that power can be wielded against the very people who once enjoyed its protection. Liberals, the champions of unrestrained speech in the 1960s, now vote as a bloc in Congress to support speech restrictions. Yet already in countries such as Canada, England and Australia, leftist critics of Islam have become the victims of hate laws, indicted for religious "hate speech."

Leftist artists Rowan Atkinson and Salman Rushdie realize hate laws don't just threaten white nationalists like David Duke but liberals as well- they recently fought for revision of Britain's hate law because it could be used to outlaw art that blasphemes or criticizes religion. Atkinson and Rushdie are just a few of hate laws' leftist critics who know that persons of all political persuasions have a stake in defeating this legislation.

6. Speech bans chill legitimate and valuable speech.

Under the threat of possible indictment, many people will refrain from discussing controversial but important ideas. Speech bans are often broad and vague, leaving citizens unsure what might get them hauled into court.

This is what has happened in American workplaces, where hostile work environment law has left many employees unsure what they can say. Many Americans avoid all controversial speech and voluntarily refrain from exercising First Amendment rights at work. Hate laws would extend this dangerous minefield to the national political scene.

Legal philosopher Edmond Cahn points out that speech bans would leave our bookshelves empty. "[T]he officials could begin by prosecuting anyone who distributes the Christian gospels, because they contain many defamatory statements not only about Jews but also about ChristiansThen the officials could ban Greek literature for calling the rest of the world "barbarians." Roman authors could be suppressed because when they were not defaming the Gallic and Teutonic tribes, they were disparaging the ItaliansThen there is Shakespeare, who openly affronts the French, the Welsh, the Danes" (Beyond the Burning Cross, E. Cleary, Random House, 1994)

7. Speech bans greatly reduce the possibility of healthy, democratic change.

Criminalizing speech that expresses "hate" or "bias" would require us to outlaw history's most valuable speech, especially the political and religious speech that threatens social stasis and ignites progress.

Aggressive speech is often the only tool available to political, social, or religious minorities whose access to government lobbying and mass media is limited. Those agitating for social change often need to use inflammatory and even "hateful" language to startle the public into hearing their message. Socrates compared himself to a horsefly biting the lazy flanks of his republic. We should certainly know enough by now to prefer the annoyance of stinging speech (even when we don't see its value) to a tyrannical majority that plods, unchallenged, toward slavery.

Americans are so used to our mudslinging, no-holds-barred political discourse that we find it hard to envision the way freedom of speech could disappear. But the freedom we enjoy is extremely rare in history, and quickly lost. Free expression for intellectuals is the first thing to go when tyrants rise to power; the history of oppressive regimes makes it clear that freedom of political speech is a delicate exception and the overarching tendency is for majorities or elites to get power and silence all opposition.

8. The government's interest in reducing violent crime does not outweigh our interest in preserving civil liberty.

Hate law advocates including the ADL argue that hateful speech incites violence, and appeal to the government's interest in reducing violent crime. But it would be unfair to ban, for instance, white racist speech or Christian sermons against homosexuality without also banning the plethora of other speech that might incite crime. Gangsta rap and videogames would be open to censure; we would also have to ban pornography, especially sadomasochistic porn, which certainly inspires violence against women.

Yet bans against these kinds of speech have been repeatedly declared unconstitutional. The government has an interest in lowering violent crime of all stripes but has always found the value of the First Amendment to be greater. It's unjust to argue that a few kinds of speech must be banned because they possibly incite violence (e.g., criticism of Jewish actions or homosexuality) yet permit huge categories of speech (violent sexual entertainment) that do the same. This would happen, however, under hate laws' unequal and partial enforcement. The ADL is not truly driven by the desire to reduce violent crime but rather to enforce a social and political orthodoxy.

Instead of passing a hate law that would shatter the First Amendment and impossibly complicate law enforcement, people concerned with hate-driven crimes should focus on improving our existing justice system and making sure hard crimes don't go unpunished.

9. Speech bans are offensively paternalistic.

They presume we can't think for ourselves, reject racist or hateful ideas for ourselves, or deal with the hurt caused by others' free expression. Are we such children that we need the government to cover our ears? Speech bans especially condescend toward the minorities they portray as helpless victims whose feelings must be sheltered from ideas they can't combat in a free intellectual market.

10. Speech bans permit government to do something an individual could not morally do.

Frederic Bastiat's classic treatise on The Law says government exists only to prevent injustice by defending our basic rights to person, liberty, and property. Government does not exist to guarantee our economic outcomes, redistribute our wealth, or protect our psyches. Speech bans would empower government to silence individuals by force. This is immoral whether it's one person silencing another person or the government silencing a fringe group of dissenters. Human fallibility requires at least enough humility to allow others to question, challenge, and dissent from our ideas. John Stuart Mill explains, "If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind."

11. Speech bans deny self-determination and individual freedom by criminalizing self-expression.

By censoring speech, hate laws censor thought and restrict our access to ideas. This is the essence of mind control. They deny the personal growth that comes from sharing ideas-including hateful, prejudiced, or false ideas-and having them challenged in a free intellectual marketplace.

Hate law speech bans have been repeatedly declared unconstitutional and would rend the very foundation of our freedom and democracy. Far from combating hate, The Local Law Enforcement Hate Crimes Prevention Act is actually the most hateful and enslaving legislation to ever reach Congress; it would invade states' rights in law enforcement, enabling a hate crimes bureaucracy to police our thoughts and expression. Government could censor by force all speech that dissents from the reigning orthodoxy. Every American must speak up now in defense of the freedom for which our forefathers gave their very lives.

Freedom of expression is one of the most fundamental rights that individuals enjoy. It is fundamental to the existence of democracy and the respect of human dignity. It is also one of the most dangerous rights, because freedom of expression means the freedom to express one's discontent with the status quo and the desire to change it. As such, it is one of the most threatened rights, with governments - and even human rights groups - all over the world constantly trying to curtail it.

Make your voice heard today or it will be silenced tomorrow.

Fredrick Douglas

"Those who profess to favor freedom, and yet depreciate agitation, are men who want crops without plowing up the ground. They want rain without thunder and lightning. They want the ocean without the awful roar of its waters. This struggle may be a moral one; or it may be a physical one; or it may be both moral and physical; but it must be a struggle! Power concedes nothing without a demand. It never did, and it never will. Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress."

Tuesday, November 3, 2009