OPINION

Fight Hate by Ending "Hate Crime" Laws

Written by Thomas M. Sipos
Published November 30, 2006
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Hate crime laws encourage false reports. Last October, police arrested University of New Hampshire student Breanne Coventry Snell for falsely reporting that she'd suffered an anti-Semitic attack after leaving the Hillel Jewish center. Universities seem to incubate hate crime hoaxes. A few years earlier, Leah Miller, a black student at San Francisco State, wrote racial epithets on her own door because she wanted "to be a part of something," and Claremont McKenna College professor Kerri Dunn spray-painted her own car with racial and anti-Semitic epithets before reporting it as a hate crime.

Hate crime laws are unevenly enforced, further fueling racial tensions. Three Long Beach women (ages 19 to 21) were beaten last Halloween by 20 to 40 black youths while hurling racial epithets. Had a white gang beaten three black women, it might have made national TV news, with the D.A. immediately announcing hate crime charges. But when police arrested several youths for the attack, hate crime allegations were not included in the district attorney's filing.

"Outrage over the lack of hate crime charges was swift," reported the Long Beach Press Telegram. Hate crime charges were eventually filed, but residents were further outraged when City Councilwoman Rae Gabelich tried to limit advance notice of a public hearing on the assaults. "I was trying to keep it out of the press," she admitted. This double standard plays into the hands of racists. According to LBReport.com, the Press-Telegram article was emailed across the nation and linked by white supremacist groups.

Defenders of hate crime laws claim that our legal system has long considered the criminal's mental state when determining guilt or punishment, but these people confuse intent (Did you intend for the crime to occur?) with motive (Why did you intend for the crime to occur?). Premeditated murder is punished more severely than accidental homicide, but we've never cared why you premeditated a murder (greed or hatred). Motive is useful as evidence, but was never itself punished.

Let's return to tradition and fight hate - by abolishing hate crime laws.

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Thomas M. Sipos is the author of the anti-Communist satire, Vampire Nation and Manhattan Sharks. Some of his essays on horror film aesthetics appear in his horror collection, Halloween Candy. He founded the Tabloid Witch Awards horror film contest and festival. He is Vice Chair of the Los Angeles County Libertarian Party.
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Fight Hate by Ending "Hate Crime" Laws
Published: November 30, 2006
Type: Opinion
Section: Politics
Filed Under: Culture: Celebrity, Culture: Crime and Court, Politics: Law and Rights
Writer: Thomas M. Sipos
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Comments

#1 — November 30, 2006 @ 10:06AM — Deano [URL]

Perhaps the first step should be addressing the proponsity of people to implement frivolous and expensive lawsuits, rather then tossing out hate crime laws on the basis of an handful of questionable cases.

I think it is the nature of any legal system that people will attempt to use it for their own advantage - whether than being political aggrandisment or personal fortune.

#2 — November 30, 2006 @ 11:07AM — E. Myron Beardsley

Good Point! On the other end of the spectrum, should "Love Crimes" be treated more leniently? If I kill my wife, can I get off with a slap on the wrist because I love her? Wow!

#3 — November 30, 2006 @ 11:08AM — E. Myron Beardsley

Good Point! On the other end of the spectrum, should "Love Crimes" be treated more leniently? If I kill my wife, can I get off with a slap on the wrist because I love her? Wow!

#4 — November 30, 2006 @ 11:51AM — Brad Schader [URL]

I have seen hate crimes applied to white victims, but not often. WHen I worked pizza delivery in Gainesville one of our drivers was robbed and beaten. When the cops found the kids who did it, the kids told the cops they wanted to "rob a cracker" and were charged with hate crimes, but you are right that it is an unbalanced law.

#5 — November 30, 2006 @ 17:36PM — steve

and get rid of affirmative action while you're at it!

#6 — December 1, 2006 @ 16:45PM — Rev. Jim [URL]

There seems to be some confusion over the term "hate crime". A hate "crime" is exactly that, a criminal offense that is motivated solely by hatred of a class of people. The possibility of civil lawsuits over Michael Richard's bigoted rant has nothing to do with a criminal offense, it would most likely be a personal injury lawsuit.

There are a number of exceptions to Free Speech in the US, one of which is "fighting words", and oftentimes a highly bigoted rant falls into that exception. Even if it didn't fall into that exception, Free Speech only applies to the government, it does not apply to private persons, who are allowed to sue if they are injured, even verbally.

Personally, I think there are too many lawsuits (and way too many lawyers), and I wouldn't award damages if I was on the jury if this case comes to trial, but I do not believe Richard's apology to be sincere, and I think he should be ostracized as much as Mel Gibson. This is supposed to be the 21st Century, where mankind has gotten past his old prejudices, and the US is supposed to be a very tolerant society. When someone wants to act against society's contemporary values (which clearly and overwhelmingly condemn racist speech) then society should reject them.

There are plenty of neo-Nazi groups running around that Gibson and Richards can join, where they can rant and rave about their prejudices as much as they want, and they will not stand out there, they would probably even be idolized -- and isn't that level of admiration what most Hollywood stars want anyway?

#7 — December 1, 2006 @ 20:04PM — sr

If one inquires concerning the divinity schools the Reveeeeeeeeeeeeen Jessee and Al not so sharp Sharpton graduated from if any would that be a hate crime? Heck. I'll just read the National Inquire.

#8 — December 2, 2006 @ 00:03AM — jdm

It is amazing! When I lived in Reno, Nevada, I was senselessly beaten by four nigger thugs. They specifically called me 'white mf, etc' as I was kicked on the ground. The prosecutor actually called it a hate crime, since it was racially motivated. Charges were dropped, how ever, because there was a law suit against me, because I was the first one who threw the punch that started the melee. They demanded money from me (on the corner of Montello and Oddie)and said they would take it if I did not give it. Well, since the prosecutor wanted to use the hate crimes bill, the local activists suddenly said that this was not the reason the hate crime bill was passed. Three went to Carson city the state prison and the other ended up testifying against the other three, even though he was the one that demanded money from me. They went to jail for 'attempted extortion' not attempted robbery.

#9 — December 7, 2006 @ 14:36PM — Rufus Brown

Yeah, this is easy for you to say, because you AREN'T the one who hears sniggers when you walk into a KFC. You DON'T have to face suspicious looks when you are driving a nice car! You aren't pulled over by the police when you are driving down the highway, going the same speed as everyone else on the road.

You expect society to be tolerant of african americans, when the comics we glorify can't be?

There is a book on sale, it's called "Black Like Me." Read it.

#10 — December 7, 2006 @ 20:12PM — Thomas M. Sipos [URL]

You get "sniggers when you walk into a KFC"?

So how much compensation do you want KFC, or its customers, to pay you?

#11 — December 7, 2006 @ 20:34PM — Dave Nalle [URL]

Why would anyone snigger at a black man in KFC? Around here all the KFC employees are black too.

Dave

#12 — December 7, 2006 @ 21:27PM — sr

Longevity of the Roman Empire as nothing to fear from the US. We are just pip squicks in a history time frame. Our best years have come and gone. Im thankful to have participated. America is all about britney asparagus spears and KFC. The terrorists will have a cake walk. All that is needed is the welcome mat. By.

#13 — January 2, 2007 @ 23:39PM — STM

"Why would anyone snigger at a black man in KFC? Around here all the KFC employees are black too"

I suspect the staff might snigger at every customer entering KFC ...

#14 — January 2, 2007 @ 23:43PM — STM

I worked at one in Sydney in the seventies, by the way, when it was still Kentucky Fried. In the commissary, mixing up the coleslaw. It was all done by hand and I've never eaten coleslaw since.

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