Showing posts with label Hate Crimes. Show all posts
Showing posts with label Hate Crimes. Show all posts

Monday, August 10, 2009

The Folly of Hate-Crime Laws


James von Brunn, who is alleged to have opened fire and killed a guard at the Holocaust Memorial Museum, is apparently a consummate bigot. His former wife said that his hatred of blacks and Jews "ate him alive like a cancer," so it might seem appropriate that in addition to having been indicted last week for murder and gun-law violations, he was also charged with hate crimes. At age 89, he proves that you are never too old to hate.

He also proves the stupidity of hate-crime laws. A prime justification for such laws is that some crimes really affect a class of people. The hate-crimes bill recently passed by the Senate puts it this way: "A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim . . . but frequently savages the community sharing the traits that caused the victim to be selected." No doubt. But how is this crime different from most other crimes?

First, let us consider the question of which "community" von Brunn was allegedly attempting to devastate. He rushed the Holocaust museum, which memorializes the 6 million Jews killed by the Nazis and their enablers. There could be no more poignant symbol for the Jewish community. Yet von Brunn killed not a Jew but an African American -- security guard Stephen Tyrone Johns.

So which community was affected by this weird, virtually suicidal act? Was it the Jewish community or the black community? Since von Brunn hated both, you could argue that it does not matter. But since I would guess that neither community now gives the incident much thought, the answer might well be "neither one." So what is the point of piling on hate crimes to what von Brunn has allegedly done? Beats me. He already faces -- at age 89, remember -- a life sentence and, possibly, the death penalty.

The real purpose of hate-crime laws is to reassure politically significant groups -- blacks, Hispanics, Jews, gays, etc. -- that someone cares about them and takes their fears seriously. That's nice. It does not change the fact, though, that what's being punished is thought or speech. Johns is dead no matter what von Brunn believes. The penalty for murder is severe, so it's not as if the crime is not being punished. The added "late hit" of a hate crime is without any real consequence, except as a precedent for the punishment of belief or speech. Slippery slopes are supposedly all around us, I know, but this one is the real McCoy.

Let us assume that the "community" is really affected by what we call a hate crime. I am Jewish. But even with von Brunn's attack, I am more affected by a mugging in my neighborhood that might keep me from taking a walk at night than I am by a shooting at the Holocaust museum. If there's a murder in a park, I'll stay out of it for months. If there's a rape, women will stay out of the park. If there's another and another, women will know that a real hater is loose. Rape, though, is not a hate crime. Why not?

I doubt that any group of drunken toughs is going to hesitate in their pummeling of a gay individual or an African American or a Jew on account of it being a hate crime. If they are not already deterred by the conventional penalties -- prison, etc. -- then why would additional penalties deter them? And if, in fact, they kept their mouths shut, refrained from the N-word or the F-word or the K-word, and simply made the beating or the killing seem one triggered by dissing or some other reason, then they would not be accused of hate -- merely of murder or some such trifle. If, though, they gave vent to their thoughts, they would be in for real trouble.

For the most part, hate-crime legislation is just a sop for politically influential interest groups -- yet another area in which liberals, traditionally sensitive to civil liberties issues, have chosen to mollify an entire population at the expense of the individual and endorse discredited reasoning about deterrence.

In von Brunn's case, the hate-crime counts are an obscenity. To suggest that the effects of this attack were felt only by the Jewish or the black communities -- and not, for instance, by your average Washington tourist -- ghettoizes both its real and purported victims. It's a consequence that von Brunn himself might applaud.

Source: The Washington Post


Bookmark and Share

Thursday, July 9, 2009

1984 on the Horizon: Congress Moves to Regulate Thought Crime


Ever-vigilant for opportunities to quash anything contrary to the liberal worldview, Leftists in Congress are working on new ways to silence any dissent.

Most of us know about the “Fairness Doctrine” that they got away with for years to harass and control the opposition. Most of us also know the liberals have been trying for years to bring it back.

Their latest attempt is HR 1966, ostensibly to fight “cyber bullying,” but it could very easily be used to prosecute “hate crimes,” or essentially any electronic communication that hurt someone’s feelings.

David Rittgers of the Cato Institute discusses this Orwellian measure on Fox News in the video below.

“Whoever transmits in interstate or foreign commerce [radio, TV internet] any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person using electronic means to support severe, repeated, and hostile behavior shall be fined under this title or imprisoned not more than two years, or both.” – HR 1966 Sec 3, Sec 881A

It is also said to violate “double jeopardy” Constitutional protections, in that if you are tried and convicted, but the federal government believes you weren’t punished severely enough, they can retry you to seek a harsher sentence.

It is no stretch whatsoever to see homosexual activists use this against someone like myself or broadcasters at Focus on the Family any time we tell the truth about the moral and health dangers of homosexual behavior.

Here are just a few items from an article I wrote a couple of days ago on how “hate crime” legislation is already being used against people for exercising their opinion, free speech, and freedom of association, both internationally and already here in the United States:

  • Last year a Catholic priest in Canada, Fr. Alphonse de Valk, who was investigated by the Canadian Human Rights Commission (CHRC) for the “crime” of teaching what the Bible says about homosexual behavior (that it is a sin) and marriage (that it is between a man and a woman).
  • The Ontario Human Rights Commission slapped Protestant printer Scott Brockie with a $5000 fine for refusing to print homosexual-themed stationary.
  • The Saskatchewan Human Rights Tribunal fined Hugh Owens several thousand dollars for quoting the Bible in a letter to the local newspaper.
  • Mayor Diane Haskett in London, Ontario, was fined $10,000 for refusing to proclaim a gay pride day.
  • Swedish Pastor Ake Green in 2004 was sentenced to 30 days in jail for preaching a sermon in which he defined homosexual behavior as sinful and harmful to society.
  • A British couple were questioned by police on possible “hate crime” charges after they wrote a letter-to-the-editor of their local newspaper criticizing city officials for distributing brochures at city hall promoting homosexual behavior.
  • In Canada, Focus on the Family must cut out any portions of their broadcasts dealing with homosexuality for radio stations in that country.
  • Last year the Alberta Human Rights Tribunal ruled that youth pastor Stephen Boissoin was guilty of writing a letter to the editor of the Red Deer Advocate which might expose homosexuals to hate and contempt (Boissoin’s 2002 letter said homosexuality was immoral, physically dangerous and should not be promoted in schools).
  • Not content with their success in quashing open refusals to bow at the altar of political correctness, the Canadian pro-homosexual group EGALE (Equality for Gays and Lesbians Everywhere) is calling for the Canadian postal system to censor the mail for “hate mail”
  • Catholic Charities in Boston was forced out of the adoption ministry because they refused to put children in homes of homosexual couples.
  • Boston school teachers have been threatened with termination if they fail to cast homosexuality in a positive light to students.
  • The University of Toledo fired a black administrator for writing a “letter to the editor” of a local newspaper about the inconsistency of comparing homosexuality to ethnicity.
  • Christians in Philadelphia were arrested for reading Bible verses and praying out loud during a homosexual festival.
  • The state of New Mexico issued a fine of $6,600 to a Christian photographer (a private businessman) who didn’t want to photograph two lesbians make a commitment to each other.
  • A Colorado law passed last year to allow men to use women’s restrooms and shower rooms if they “felt like a woman” also contained provisions which prohibits the publication for public consumption any material which is “discriminatory” against homosexual behavior. So while churches can (for now) continue teaching within their own walls what the Bible says about homosexual behavior, they cannot publish anything in public which does. This includes any Christian book publishers or other ministries in Colorado.

We all understand the need to criminally punish assaults on persons and property. We also understand the need to restrict direct threats of violence against persons and property.

1984BookBut this measure and others like it seek to punish thoughts and opinions. Even without a threat of violence against persons or property, this type of regulation can be used to brand you a criminal and punish you for expressing a value statement about a particular issue or behavior.

This bill is a direct assault on the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

This is what we get when we put Leftists in power in our government. Leftists have no interest in fairness or in the freedoms of the “little people.” It is all about the consolidation of power and exercising any government control over the individual–including speech, thoughts and opinions–they consider contrary to their socialist ideology.

Remember this, and remember that the next time you vote.

Source: Dakota Voice
Bookmark and Share

Holder Video Floods Senate On ADL Hate Crimes Bill







NPN polls show dozens of Senatorial aides have watched our 10-minute video "Holder Admits: No Equality in Hate Bill." Dozens more, both Democrat and Republican, are promising to watch it or pass it on to Senators.

With possibly only a week left before a Senate vote on hate bill S. 909, this video is the political dynamite that could blow apart the pro-hate bill Democratic coalition in the Senate!

Why? It features Attorney General Holder flatly stating that, despite promising to do so, S. 909 will not protect all Americans who are victims of violent hate crime. It will only protect a privileged minority, including homosexuals, blacks, and Jews. Secondly, Holder can provide no example of even one state failing to enforce the law against hate criminals.

Courtesy of the U.S. Attorney General, this video knocks the foundation out from under the Matthew Shepard Hate Crimes Prevention Act. It proves S. 909 is both discriminatory against most Americans and unneeded!

Have you and your friends called Senators with this simple question: "Have you watched the shocking video that shows Attorney General Holder saying there is no equal protection under the hate bill? It's on the home page at www.truthtellers.org." Call toll-free 1-877-851-6437 or toll 1-202-225-3121. The names of all Senators are available HERE at www.truthtellers.org.

Calling the Senate with this question is so simple and effective. When you ask if staffers have seen the video, they will record you as opposed to the hate bill.

With possible markup of the hate bill amendment early next week, it is vital that you make use of this superpowerful, explosive tool God has given us to save freedom.

Next Wednesday may be too late.

Source: Curt Maynards Newest Blog

Bookmark and Share

Wednesday, July 1, 2009

Unintended Consequences: Beware the Hate Crimes Bill!


By PAUL CRAIG ROBERTS

A statute’s words do not tell how the law will be interpreted and applied.

All laws are expansively interpreted. For example:

The Racketeer Influenced Corrupt Organizations Act (RICO) was directed at drug lords. Nothing in the law says anything about divorce; yet it soon was applied in divorce cases.

The 1964 Civil Rights Act explicitly bans racial quotas and defines racial discrimination as an intentional act. Yet, quotas were imposed by the civil rights bureaucracy on the basis of the 1964 Act, and intent was replaced by statistical disparity.

The Clean Water Act makes no reference to wetlands and conveys no powers to the executive branch to create wetlands regulations. Yet, for example, Ocie and Carey Mills, who had a valid Florida state permit to build a house, were imprisoned by federal bureaucrats, who claimed jurisdiction under the Clean Water Act. The bureaucrats ruled that the clean dirt used to level the building lot constituted discharge of pollutants into the navigable waters of the U.S. No navigable waters were involved, and according to the state of Florida, no wetlands.

The Exxon Valdez accident was criminalized. An unintentional oil spill became the intentional discharge of pollutants without a license, and the bird kill became killing migratory birds without a license. An accident was prosecuted as crimes of intent.

Well informed attorneys can provide many examples. Others are documented in The Tyranny of Good Intentions. Awareness of what can be pulled out of even clearly written laws is essential to the preservation of civil liberty.

With this in mind, consider the Hate Crimes Prevention Act.

Opponents criticize the bill for adding a second punishment to existing punishments for acts of violence. Assault, murder, rape are crimes regardless of motivation. The penalties are sufficient, or can be made so, without applying a new crime of motivation that creates specially protected classes, such as homosexuals and minorities. To commit a violent act against a member of a specially protected class will carry a heavier punishment.

How will a court know whether a violent act was committed because of hatred or because of sexual lust or the need for money? As case law is made, the likely direction will be to eliminate intent. The issue will be resolved by whether the attacked person is a member of a protected class. The mugger who beats as well as robs a victim who turns out to be homosexual or Jewish will have committed a hate crime.

It will prove difficult to separate speaking against members of protected classes, or criticizing their practices, from hate. The two things are easily conflated. Once enacted, hate crimes will become independent of specific violent acts. An eventual likely outcome will be that speaking against members of specially protected classes will itself become a violent act of inciting violence.

Since the passage of the Global Anti-Semitism Review Act in 2004, the US Department of State is required to monitor anti-semitism world wide. The State Department is not required to monitor anti-Americanism or sentiments against Christians, Muslims or Arabs. Thus, the act created a specially protected class worthy of careful monitoring by the US Department of State of negative sentiments expressed against Jews.

In order to monitor anti-semitism, the term must be defined. The definition is subjective and will be widely, rather than narrowly, interpreted. The State Department has come up with its attempt. The State Department’s approach could include any truthful statements about Israel and its behavior toward the Palestinians that the Israeli government or AIPAC or the Anti-Defamation League would deny or contest.

Anti-semitic speech can be interpreted as inciting hatred. Inciting hatred can be interpreted to be a violent act. “Excessive” criticism of Israel is a subjective, undefinable concept that can be used to determine anti-semitic speech. It is easy to conflate “excessive” with “strong.” Thus, demands that Israel be held accountable for war crimes committed in Gaza, the West Bank, Lebanon, or elsewhere become acts of the hate crime of anti-semitism.

Source: Counter Punch

IS THERE NOT A CONSTITUTION ON WHICH THIS COUNTRY RUNS


How can we still be arguing over "hate crime" laws? Is there not a Constitution on which this country runs that claims equal treatment under the law for one and all? Unfortunately, over the years, under the influence of special interest groups, one municipality and state after another has enacted some form of law that gives greater legal protection only to certain victims, based on their race, gender, sexual proclivities, etc.

Over most of this time, with a few exceptions, one heard hardly a peep in protest against the injustice of these biased laws from the "conservative" evangelical community. I guess the activists among them were too occupied with their futile endeavors to rid the nation of Roe v. Wade, which kept them too busy to think of other matters. Now, however, when it appears that a federal hate crime statute is likely to pass in Congress – one that adds homosexuals to the special status categories of aggrieved groups, the right wing evangelicals are mobilized as never before.

Long before this homosexual dimension presented itself, it was clear to anyone who cared about traditional American principles that so-called hate crime legislation is designed to punish thoughts. In reality, these are thought crime laws, and constitutionalists, among others, who cherish individual rights, have condemned such decrees for at least the past decade. [See here and here.]

What is now worrying the good "Christians" about this latest proposed federal bill is the prospect of the law being used here in the U.S. as it is in places like Canada and several European countries (especially those under the aegis of the EU). In those countries, the interpretation of "hate" has resulted in arrests and prosecutions of citizens, usually of a religious bent, who speak out against the normalization of homosexual behavior. To publicly criticize aspects of a "protected" group, such as blacks or Jews or Muslims or homosexuals, is considered promoting or inciting "hate" and is, therefore, a crime.

In the U.S., the typical "conservative" does not worry himself about the general un-American nature of such specially targeted laws; he is simply opposed to the addition of homosexuals to the list of aggrieved, possibly putting their behavior and practices beyond the bounds of public criticism.

Now, along comes the upfront homosexual activist and writer Andrew Sullivan expressing agreement with opponents of hate crime laws. In "Intent vs. Motivation," Sullivan makes the rational case that there is plenty of legislation on the books to punish all infractions of the law, and that these special laws now being proposed are not to protect citizens from crime. Instead, they are the brainchild of special interest groups that desire "boutique legislation to raise funds for their large staffs and luxurious buildings."

In this regard, Sullivan cites the Human Rights Campaign, the most prestigious of the organized crusaders for homosexual civil liberties. He could just as well have cited the NAACP and the B'nai Brith Anti-Defamation League, both of which hype racism and anti-Semitism in order to justify their endless fundraising drives. (The ADL's Abraham Foxman brags about the role he has played in crafting many of these "hate crime" statutes that now exist in various cities and states.) Claiming the need for special status is, as Sullivan says, "very, very powerful as a money-making tool."

In a related article, "Hate Crime Laws" (The Atlantic, 5/1/09), Ta-Nehisi Coates writes, "The thing that made me leery of Hate Crime Law was the infamous Fat Nick case," and goes on to describe how a teenager was sentenced to a total of 15 years in prison (instead of seven), because he used the expletive "Nigger" in an assault he believed to be justified. Syndicated columnist and civil libertarian Nat Hentoff was outraged by this sentence and wrote, "Those eight years were not because of Minucci's act, but for what he said." In other words, a thought crime. [See details of the Minucci case here.]

See also the separate cases of two young men hardly out of their teens sentenced to 10 years each for activities in which no one was physically harmed.

Source: Issues and Views

Monday, June 29, 2009

Hate crime law unneeded


Hate crime legislation is well-intended - but it's not necessary.

U.S. Attorney General Eric Holder, though, has this notion that federalizing criminal statutes somehow will send a message that criminals had better not commit hate-related crimes - or else.

What is the or else?

Tougher sentences in meaner prisons?

States, such as Texas, have plenty of laws on the books that compel the harshest penalties possible for a whole array of crimes. Federalization of these crimes makes an important political statement - which plays well with many key constituent groups.

But what is the point?

Holder told the U.S. Senate Judiciary Committee that Congress should approve the Matthew Shepard Hate Crimes Prevention Act, named after a young Wyoming man who was tortured and killed in 1998 because he was gay.

Shepard's death brought horror to the nation, given the manner in which he died. No, he shouldn't have died because of his sexual orientation.

What does a federal statute do that a state law doesn't do?

Shepard's killers would be put to death in Texas and in most of the states. Isn't that sufficient punishment for such a crime?

One would think so.

Most recently, Holder asserted, the killer of a security guard at the Holocaust Museum in Washington was motivated by hate for Jews. The suspect is an 88-year-old white supremacist. What should happen to him if he is convicted of the crime for which he is charged? He would receive a harsh sentence - and without the presence of a hate crimes law.

No one should condone hate crimes. But do these categories of crime deserve a new federal law dedicated exclusively to those who commit them?

No. Existing state statutes are quite sufficient.

Source: Amarillo.Com

Sunday, June 28, 2009

No Hate Crime Protection for White Christians or Servicemen


By Alexander Cockburn

While Google Alert produces scores of items on yesterday’s Senate Judiciary Committee Hearing on the S.909, the Hate Crime Bill, only a few go beyond summarizing Attorney General Eric Holder’s submission to give even a cursory account of what was said in opposition.

Under questioning, Attorney Gen. Holder was surprisingly forthright in admitting that the hate bill is not intended to protect everyone, or even the majority. He said only historically oppressed minorities were to benefit. This means Jews, blacks, homosexuals, women, etc. Holder made it clear that if a white Christian male, including a serviceman or police officer, was the victim of a violent hate crime by any minority he would have to find redress from traditional law. He could not avail himself of the triple penalties and rapid government/justice system response given a protected minority.


Source: Vdare blog

And more:
Pro-hate bill testimony was heavily woven with the assertion that the Holocaust Museum shooting is a wakeup call , proving the need to legislate against prevalent and increasingly violent racism.

Most Judiciary Republicans were absent or called away from the hearing by debate over healthcare reform on the Senate floor. Yet Sen. Orrin Hatch, before having to leave, expressed the dominant question of Republicans through the hearing: Can Holder or anyone else give examples of how US states currently fail to enforce the law against hate criminals? Repeatedly, Holder was asked this question and couldn’t answer.
Even the ADL admits that anti-Semitic incidents are on the decline and have been for years. They're so desperate to find anti-Semitic incidents that they classified a peaceful protest near a Jewish film festival and a David Irving speech as "hate crimes."

Any American who still has a couple of brain cells left can easily see that this ADL sponsored "Hate Crimes" Act will be used by Zionists to supress free speech and incarcerate any who question Israel's homicidal activities or ask simple questions about who's in control of the Federal Reserve or why are there so many Jews in charge of key positions in the WH, Congress, the State Department and the Treasury.

Source: Dandelion Salad

The First Amendment in trouble… again!


by Rocket Kirchner

The Fairness doctrine, hate speech laws coming before Congress, radio talk shows being bullied by boycotts. Well, here we go again. The fact of the matter is that we never got it right the first time around. President Adams threatened to jail protesters for speaking out on American-French relations, until Jefferson told Adams, “Not only do they have the right, they have the obligation”.

Then along came our first dictator old honest Abe, who arrested and jailed northern writers for speaking out against theCivil War. And Lincoln’s hagiography goes unchallenged in public class rooms until this very day. Next came Oliver Wendall Holmes passing a law in the supreme court that one could not yell fire in a crowded theater, as a reaction to the Trotskyites protesting WWI. Then McCarthyism, then Bush 2 and the Dems Patriot Act that shredded the 4th and 5th Amendments, hence setting the stage for today’s Liberal Fascists to snuff out any dissenting voices against them whether it be from the grassroots left or right.

Lest you think I am just crying wolf, answer me this: is it any coincidence that radio talk show host Micheal Savage was banned from England just after Obama left that country? Well, you might say, “Maybe, maybe not, but England is not America”. True, but the fact that our government has not stood up for one of its own citizens for doing nothing wrong considering Anglo-American relations, and the fact that the hate speech bill bill is coming before Congress up for a vote, I think you catch my drift.

There is a reason why the First Amendment is FIRST. Because if it goes, then the whole Bill of Rights could come crumbling down. Many American citizens don’t take the First so literally. They are fools. These prim and proper Americans don’t think that you can cry fire in a crowded theater. Given the present danger that the First Amendment is in, not only can you… but you have an obligation to.

Source: Dandelion Salad

Saturday, June 27, 2009

Talk Show Hosts May Be Accomplices Under ADL's Hate Bill


The Hate Crimes Prevention Act HR 1966 which has passed the Congress by overwhelming margins is now facing hearings in the Senate. There are already similar hate crime laws in place, however, this bill imposes much stronger federal enforcement, which is a clear violation of the Tenth Amendment. It grants greater power to federal prosecutors to prosecute hate crime laws by prosecuting those who have been found innocent by local or state courts. The current bill will extend special privileges to gays and transgender individuals that are currently only granted to ethnic and religious minorities. The most dangerous part of the Bill which is a direct assault against the First Amendment is that it allows for the prosecution as accomplices in a hate crime for talk show pundits that the person who commits the alleged crime claims to influence their actions.

Here is the essential text:

Whoever transmits in interstate or foreign commerce [radio, TV, internet] any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined under this title or imprisoned not more than two years, or both. (HR 1966, SEC 3, Sec. 881a)

Reverend Ted Pike of the National Prayer Network says that "this means that if any pastor, talk show host or guest, or anyone communicating on radio or the internet is repeatedly “hostile” to the practice of homosexuality and “intends” to cause “substantial emotional distress” in homosexuals, leading to repentance, he is guilty. The speaker doesn’t even have to succeed in causing such conviction for sin, even though he will be especially guilty if he does. In either case, the federal government is empowered under this bill to invade any state to prosecute the “bully” of the airwaves."

This Bill is the first major step to stripping away our rights to freedom of speech in the 1st amendment. Recently the Plains State ADL Director denounced the 1st Amendment by saying that "freedom of speech does not extend to racist groups, nor give their supporters the right to threaten and intimidate others or commit acts of violence."In many western nations, an individual can be prosecuted by the government for certain speech.

Though we still have the First Amendment we are headed in that direction of Europe and Canada where people can be prosecuted for thought crimes. Organizations such as the Southern Poverty Law Center and Anti-Defamation League have aggressively promoted hate crime legislation. These organizations have endorsed Europe and Canada's policies on prosecuting what they deem as hate speech. The ADL openly advocates for their model anti-hate law. In 1988 the ADL gave out an award to law student Joseph Ribikoff for writing a proposed hate crime bill that would criminalize hate speech against gays and minorities.

In testimony before the Senate Judiciary Committee, ADL Washington counsel Michael Lieberman spoke in support of the Hate Crimes Bill. "We have no illusions about this legislation," Lieberman testified. "We know that bigotry, racism, homophobia, and anti-Semitism cannot be legislated out of existence. A new federal law that finally addresses all victims of hate crimes will not eliminate them."

Source: LA Ron Paul Examiner

Thursday, June 25, 2009

Stifling unpopular speech



We have, on this site, railed against "hate crime" laws because of the ambiguous, subjective nature of punishing people for the thoughts in their heads. And we believe such laws are downright unconstitutional due to their protection of members only of certain groups. (See "Increasing 'Hate Crime' Punishment Violates American Principles," "Law as thought control," and "Five more years for your thoughts.") Now, Paul Weyrich of the Free Congress Foundation

tells of further ramifications of these laws.

Several years ago, when Pennsylvania was amending its "hate crimes" law, explains Weyrich, opponents of the law protested the inclusion of "sexual orientation" as one of the protected categories. Religious Christians, especially, feared that public opposition to homosexual activists might be forbidden or even legally punished. At the time, the proponents of the law dismissed these fears, assuring the opposition that First Amendment rights would not be curtailed. The amendment, writes Weyrich, was described as being "about the throwing of sticks and stones, not name-calling."

But at last year's "Outfest," a homosexual street event in Philadelphia, protesting Christians got a taste of the law. When attempting to distribute literature and recite Bible verses, they were physically jostled by members of a militant homosexual group, who were determined to interfere with or even stop the Christians' activities. Weyrich writes:

Eleven Christians ended up in jail. Five Christians faced charges. Four adult Christians were ordered by Judge William Austin Meehan to stand trial on charges of criminal conspiracy, possession of instruments of crime, reckless endangerment of another person, ethnic intimidation, riot, failure to disperse, disorderly conduct and obstructing highways. The Christians who quoted Scripture (which led to their being charged) confronted the possibility of total prison sentences as long as 47 years. . . .

Fortunately, in mid-February, Judge Paula Dembe ruled that there was no basis for the charges. She said, "We are one of the very few countries that protects unpopular speech … We cannot stifle speech because we don’t want to hear it, or we don’t want to hear it now." That is not really the end of the affair for as long as the hate crimes provision is on the books in Pennsylvania the fact is that Christian activists remain at risk for simply speaking what they believe. . . .

The Philadelphia case should only be more troubling when one realizes that the USA-PATRIOT Act has changed the definition of domestic terrorism from those acts that are true acts of violence to any violation of federal or state criminal law -- including misdemeanors -- that are deemed dangerous to human life and could be used to "intimidate or coerce a civilian population."

As we get closer to living in a society where "terrorism" is whatever the state claims it to be, Weyrich is wise to look at some recent precedents set in England, where Parliament is considering making even more stringent its current laws against "hate speech." He observes that the same assurances that such laws will not debilitate free speech rights are being given, as the House of Lords prepares to pass new legislation.

Weyrich could also look northward to Canada, where conformity to political correctness is expected in almost every sphere of life. Website owners have been prosecuted for publishing negative commentary about homosexuals and pedophiles, with a court ruling that such remarks were "likely" to expose members of these groups to "hatred or contempt." A Tribunal supported the ruling and added that it is not necessary to prove, in fact, that anyone is actually victimized by negative statements, if it is decided that one has created a "climate of homophobia."

"Hate crime" laws are now rife throughout Europe. For a sermon preached in 2003, in Sweden, Pastor Ake Green was arrested and found guilty of "hate speech against homosexuals." Weyrich is not off-base in seeing this type of censorship as the goal of many American homosexual lobbyists and their supporters. He sums up the reasons why "hate crime" laws are unnecessary with this rational objection: "Every American state and the District of Columbia have laws on the books to bring perpetrators of violence against any law-abiding citizen. The idea of 'hate' crimes represents a significant departure from the Anglo-American conception of justice."

Source: Issues and Views

And now make way for "word crimes"


And now make way for "word crimes"

There are so many voices out there--on the ideological right and left--but it seems to make no difference. The Founders' Constitution grows more threadbare by the minute. An American citizen has already been jailed for saying the word "nigger" (white, of course; there would not be enough jails to incarcerate the blacks who use the expression), so the precedent has been set--punishment by the state for the use of an "incorrect" word.

As such word crimes made their way into the legal systems throughout Europe and even in England, most Americans who were paying attention still did not believe that the Bill of Rights could ever be gutted to such a degree. Writes Paul Craig Roberts: "Both the U.S. and Europe now have crimes of opinion, a defining feature of Oceania in George Orwell's 1984. Americans and Europeans are subject to arrest and imprisonment for words judged offensive by the therapeutic state. This frightening departure from Western tradition is justified in the name of curtailing hate and advancing human rights."

Today's England seems to point the way to the American future. The BBC reports a chilling scenario that recently took place there. Hate crime raids. You got it. Police raids against people who are known to think certain thoughts. To investigate "allegations of racism and homophobia," claims the BBC, the police, in November, raided 150 addresses across London. In England, a "threat" is now defined by the person who claims to be threatened. Harsh words can constitute harassment, if the targeted person claims that such words made him or her "fearful of bodily harm."

According to the BBC, 27 people were charged, as a result of the raids, with most being arrested "on suspicion of making racist threats and of homophobic harassment." Claims the BBC: "The raids signal the start of a day of police action against 'hate crime'--offences against people on the grounds of their race, faith, religion, disability, or sexuality."

Back here in the USA, you now rarely hear the expression, "It couldn't happen here." Maybe it's because we know that we're slipping and sliding away from a personal option like, "I don't approve of the language you use, so I'm no longer going to socialize with you." - to - "I don't like the language you use, so I'm going to call the police."

Words can offend, even when they're painted on posters and signs. That's what some Florida protesters learned when they demonstrated at a public rally in Tampa during a visit by President Bush and his brother Jeb, the state's Governor. Some of the posters by the anti-Bush demonstrators called for an investigation of the 2000 presidential election. After the police insisted that such signs be put away, the protesters asked why the same demand was not made of the carriers of pro-Bush signs. Their temerity resulted in handcuffing and forcible removal from the grounds. Two of the arrested were charged with disorderly conduct and trespassing; both charges were later dismissed. Needless to say, the ACLU has filed a lawsuit against the city of Tampa for violation of free speech rights. It couldn't happen here?

Source: Issues and Views

Increasing "Hate Crime" Punishment Violates American Principles Generic penalties are more than sufficient


In their book, Hate Crimes: Criminal Law and Identity Politics (Oxford University Press), law professor James Jacobs and lawyer Kimberly Potter dissect and challenge the rationale for "hate crime" legislation. Here is some of what they have to say:

It is a serious mistake for the government to pursue the goal of seeking to identify and highlight the maximum possible amount of prejudice in the crime problem by counting as a hate crime every offense motivated in any degree by the offender's prejudice. This definition sweeps under the hate crime umbrella crimes involving low-intensity prejudices that bubble to the surface during ad hoc conflicts. The majority of hate crimes turn out to be fights involving epithets rather than "hard core" ideologically driven violence by people identified with extremist groups or causes. Because the former are much more numerous than the latter, the numbers suggest a picture of American society as a conglomeration of clashing identity groups. Defining the prejudice-motivated criminal as a group representative rather than as a lone outlaw transforms the social understanding of crime from aberrant and deviant behavior into the kind of sociopolitical conflict among broad social groupings that marks the current situation in the former Yugoslavia. . . .

Hate crime cannot be accurately counted because, given the ambiguous, subjective, and contentious concept of prejudice, it cannot be accurately defined. Anything like an accurate accounting is also doomed by the difficulty of reliably determining the motivation of individual and group offenders.

The FBI's annual reports, produced pursuant to the Hate Crime Statistics Act of 1990, have been fragmentary, nonuniform, and distortive. They have shed much more heat than light. Clearly, they have not contributed to a more accurate understanding of crime, prejudice, or prejudice-motivated crime in American society; nor have these reports laid the basis for more effective law enforcement. If anything, some journalists, advocacy groups, and academics have used this government-sponsored hate crime accounting system to create the false impression that the nation is experiencing an epidemic of prejudice-motivated crime of every kind. Then pundits and commentators claim that the statistics only represent the tip of the iceberg, that is, they indicate massive prejudice among the vast majority of law-abiding citizens. Some writers find in the statistics evidence of an imminent race war. . . .

We do not believe that crimes motivated by hate invariably are morally worse or lead to more severe consequences for victims than the same criminal act prompted by other motivations. Of course, assassinations and firebombings rooted in prejudice and hate deserve the severest punishments, but so do all assassinations and firebombings. Generic criminal and sentencing laws provide draconian penalties, including the death penalty in some jurisdictions, for murder, terrorism, and bombings. There is no need for, and sometimes no possibility of, more severe penalties when such terrible crimes are motivated by anti-Semitism, misogyny, or other prejudices. It certainly would be ironic if the consequence of the importation of the civil rights paradigm into criminal law was the execution of prejudiced murderers, some percentage of whom would be blacks and members of other minority groups.

We do not believe that across-the-board sentence enhancement for hate crimes can be justified. The breadth of the definition of hate crime means that the typical hate crime will not be a neo-Nazi assassination of a civil rights worker but, more likely, a fight in a campground or on a basketball court involving the utterance of a racist, sexist, or other bigoted epithet. Further, most crimes labeled as hate crime are committed by young people, a high percentage of them juveniles. *

To punish prejudiced offenders two or three times more severely than otherwise similarly situated offenders strains constitutional doctrine and violates principles of proportionality. Enhancing the criminal sentence because of the offender's prejudiced motivation is essentially punishing the offender for his beliefs and opinions. While we have no doubt that holding and acting on negative stereotypes and prejudiced beliefs is wrong and ought to be condemned, punishing an offender whose crime traces to such views twice or three times more severely than his fellow otherwise-motivated colleague in crime seems to us disproportionate punishment and a violation of the First Amendment.

-- Hate Crimes: Criminal Law and Identity Politics, by James Jacobs and Kimberly Potter, is in bookstores, and can be purchased from Oxford University Press.

Source: Issues and Views

ADL Hate Laws Hate Freedom of Speech


The Anti-Defamation League (as its contrarian euphemism for an organization that does little, if anything, to fight defamation against Arabs and Muslims by rabid Islamo-phobes in the U.S. like Jewish-American Michael Savage) is “again” proposing another anti-free-speech bill disguised as the “Megan Meier Cyberbullying Prevention Act” HR 1966, which makes it a thought crime to “intimidate” and “harass” anyone over the Internet or on the airwaves.
ADL Hate Laws Hate Freedom of Speech

By Dugg Duty

The Anti-Defamation League (as its contrarian euphemism for an organization that does little, if anything, to fight defamation against Arabs and Muslims by rabid Islamo-phobes in the U.S. like Jewish-American Michael Savage) is “again” proposing another anti-free-speech bill disguised as the “Megan Meier Cyberbullying Prevention Act” HR 1966, which makes it a thought crime to “intimidate” and “harass” anyone over the Internet or on the airwaves.

Who is “responsible,” as response for one’s subjective feelings and imaginations of “feeling” intimidated? Does ‘intimidation’ mean to become ‘timid,’ and if so whose fault is it that a person becomes timid (easily frightened, shy, or unable to argue against sound logic)? Are we to suppose that political correctness should be “dictated” by the dictators of laws—because this is really what this law amounts to—the allocation to some of the special the right to dictate what is politically correct to discuss and argue?

And why is it that right-wing Zionists are not timid about continually trying to turn this country into a legalistic regime in which more and more freedom of speech is repressed. Educated Jews know that the antidote to lies and propaganda is “more” un-intimidated free speech to counter those lies and propaganda. Rather it is when a freedom of speech and the right to speak one’s truth threatens various kinds of dictatorship and tyranny that some right wing, fear-mongers choose to “censor” the most important elements of out-spoken-ness by saying they are only suppressing the truly hateful (an abstract concept if ever there was one).

Call 1-877-851-6437 or 1-202-225-3121 to oppose this bill—this is very dangerous legislation. Seeww.truthtellers.org/actionplan to contact people on House Judiciary Committee that is meeting Thursday June 25, 2009 about this bill.

This kind of law is pandering to the worst kind of victimization by stating “… whoever transmits … any communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using electronic means to support severe, repeated, and hostile behavior, shall be fined …”

So who then are the Gods-as-people who shall decide the motives of intentions of others’ speech? Who are the psychiatrists and political psychologists who will arbitrate exactly when speech causes emotional distress to a person—as if it were an “illegitimate” purpose if others happen to feel distress—when distress is internal and subjective?

Well we might then not argue at all since arguing, which sometimes gets heated, can evoke emotional distress in others—irrespective of the topic? For that matter we might stop all prosecution since writing a legal argument and entering it into a computer or recording it is a form of electronic transmission? Perhaps if one were to argue that the Israelis are stomping on Palestinians and torturing them in their prisons—it might cause emotional distress to some who would not rather become “aware” of such worldly realities? Maybe the physical distress of torture and brutality is to be allowed since some Jewish Americans just might feel intimidated and distressed by such an accusation?

Or maybe we are not suppose to discuss the fact that some of the right-wing Israeli and Jewish-American bent played a significant part in propagating the lies that brought us into war with Iraq—a war that would be considered illegal by the Nuremberg trials? Perhaps the mere suspicion that Israeli spies have stolen America’s national security secrets and handed them to others would be too distressing for mere minds of mortals to contemplate—better such facts remain buried and not prosecuted by the chickens of U.S. Congress and the submissive Obama White House? And would most likely be a crime to question any person’s loyalty to another country over loyalty to their own home of domicile? So apparently any pungent accusation or suspicion could be deduced, with a modicum of verbal craft, by the self-appointedly, politically correct, as intimidating and distressing?

So where are the Jerry Spensors of the world, author of how to win an argument every time, when you really need them? Spensor, as a famous lawyer, wrote a great argument of a book on why it is important to have argumentation—unless you want more forms of tyranny and dictatorship—which don’t require any input from anyone—irrespective of their needs or perspectives.

Yet was not it another famous lawyer—Alan Dershowitz, self-appointed lawyer for right-wing Israel, who attempted to suppress the publication of a book criticizing his book—trying one way or another to “Finkelstein” his left-wing Jewish enemy? Yet Dershowitz advises his students to have a good “enemy list” in another of his books—and that would likely include people critical of Israel—but then it is not likely that his writings and behavior is the target of this new anti-free-speech bill had in mind about those who intimidate?

Or was it not right-wing American-Jews like Daniel Pipes’ “Campus Watch” and Charles and Lynn Schusterman Foundation;s “David Project” and David Horowitz’s “Islamo-fascism Awareness Week, etc., that advocated for suppression of free speech on American campuses if critics of Israel were involved? (see “The New McCarthyism” The Nation November 12, 2007.)

More recently another left-wing American Jewish professor, William Robinson, has criticized Israel’s treatment of Palestinains in Gaza as similar a Warsaw concentration camp, and he is being “labeled” anti-Semitic by right-wing Jews and blackballed to get him ousted from his job. Left to their devised any questions about interpretations of “any” aspect of the Holocaust will also be off limits—especially since it is used to psychologically coerce Americans into accepting Israeli Middle East politics—like another war in the Iran, etc.

And that is exactly the problem—right-wing advocates for Zionism constantly attempts to say that it is extremely wrong and inappropriate to compare any other human experience to what Jews suffered in World War II—that it is hateful to compare the trials and tribulations of sufferings Jews by the Nazis as in any way similar to what other people have suffered—that the persecution of Jews have been victimized so far beyond the pale that whatever is done in the name of Zionism today is “beyond” criticism—even if the critics are Jews themselves.

Granted the evils perpetrated against Jews historically are ghastly but two wrongs don’t make one right—nor do three or four wrongs make one right! So get over it right-wingers if you think you can blackmail and blackball every critic to your form of censorial despotism.

We in the United States of America can “never” succumb to this emotional and political blackmail that is so much of the Zionist strategy to psychologically hamstring our right to free speech. For far too long religions have been used to suppress and repress freedoms. They have been used to persecute, prosecute, kill, imprison, and make war—going back at least as far as the Assyrian’s habit of using religious language to disguise criminal acts of war.

The biggest problem that immigrating Caucasians from Europe brought to America were the many European delusions of Christianity—handed over to pagans by warring Romans, which is based ultimately on psychological terrorism—the brainwashing of people to think that a right-wing God would crucify his own son or would put souls into eternal torture. We have had enough of the “European disease” that was so paranoid of religious persecution that they fought all manner of the establishment of national religion—but still allowed the delusions of religious freedom to foment.

We have had enough of the psychiatric dysfunctional realities of Abrahamic religions and there authoritarian psychology! We will not succumb to the religious terrorism and intimidation of both New and Old Testaments of the Bible. It is time to put a stop to this madness—and if that sounds distressing to some than too bad—because what religion has “intended” historically has been far worse. And should the authors of the Bible be prosecuted for intimidation and distress—maybe that would be the way to go—since they are long gone but we could get quite a lesson of psychology out of it?

It was Thomas Jefferson who wrote:

“The whole history of these books [the Gospels] is so defective and doubtful that it seems vain to attempt minute enquiry into it: and such tricks have been played with their text, and with the texts of other books relating to them, that we have a right, from that cause, to entertain much doubt about what parts of them are genuine.”

Worst still, as one only need read Jonathan Kirsch’s “Moses: A Life” to realize that the whole story of Moses is a fraud—an more importantly that the delusion of that God of Moses was a tyrant and a dictator who gave “his” Hebrew people (if you can believe that) the supposed right to kill off the many other peoples who then inhabited Canaan eons ago. There was no “real” God behind the Deuteronomy commands to kill the Hittites, Girgashites, Amorites, Canaanites, Pirizzites, Hivites an Jebusites, etc, (see Deut. 7:1-2). This was pure right-wing propaganda—and the God of the Bible should be “judged” by human rights groups like any other human rights violator.

Granted they did not have human rights groups back then but we ARE NOT going to advocate for a Zionism TODAY based on past historical delusions. Israel is going to be judged by “human” standards today—period. Some have readily acknowledged that the Bible is not historically accurate but still feel that Jews “deserve” to have a Torah State! Well then no doubt the same psychology of Moses, as purported speaker for his God, who say that God says they need to kill off the Palestinians and throw them into the sea? But do two wrongs do not make one right. Does any amount of unfairness justify another proposition for unfairness—in human terms?

There are those that now claim that to criticize the Zionist project is beyond the pale—that it is politically incorrect to question Jews right to have a religious homeland. Wrong—nothing is beyond freedom of speech—that is what it “means” to have freedom of speech—when “no” presumed authority is too high to be questioned and doubted by the soul of man.

The United States and Israel are on collision course of values—we advocate political freedom for “all” citizens—whereas is Israel you need to be Jewish to be considered a real citizen. But it is time to tell Israelis that they need to separate Church and State if they want our American support. President Obama ought behind his rhetoric of Audacity of Hope and put some teeth into his cheerleader suavity—or he’lll end up another looser like Bush towing the Israeli Lobby’s line. It was bad enough he was stupid enough to think there was still a chance at securing an independent state for the Palestinians when Israel has so badly mangled any reasonable re-accommodation of territory—while giving weasel words play thinking the Americans eternal suckers for empty speech. There is a sane and just path and that is to tell Israelis that a Jewish State is not supportable by American values—and if they want to fight it out with others let them do it on their own.

Israelis are no better than the Muslim countries they constantly criticize. Their religion is no more or less humane than other people’s religions—but it has always been a problem that Abrahamic religious fanatics appropriate exceptional loyalty to their deities—even the Romans asked the Christians during the time of their persecution to simply respect the Roman deities—but their maniacal monotheistic religion would have none of it.

Stop religious repression—how many decades and centuries is this war of ideology going to continue when the world needs to address other serious matters? Eric Alterman was right in his The Defamation League when he said the ADL as a “league” does not exist except in the name of Abe Foxman.

This bill is intimidating and distressful. Americans have the right and the Duty to shout their views vehemently and boldly from the rooftops and the mountaintops—as strenuously and vociferously as they can—and too bad if people are timid by it!

P.S. If you feel this “argument” is important feel free to email it to your friends and family while you still have such freedom.

Source: Indy Media Rochester