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- Newsgroups: soc.motss
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!saimiri.primate.wisc.edu!zazen!anderson
- From: anderson@macc.wisc.edu (Jess Anderson)
- Subject: So-Called Hate Crimes (was Gay-Bashing)
- Message-ID: <1992Nov22.025034.23028@macc.wisc.edu>
- Sender: news@macc.wisc.edu (USENET News System)
- Organization: Madison Academic Computing Center, UW-Madison
- References: <1992Nov12.191913.8438@ncar.ucar.edu> <1992Nov12.193724.22309@tc.cornell.edu> <Bxv7wx.Dx5@acsu.buffalo.edu> <BxyCuE.AB@nic.umass.edu>
- Date: Sun, 22 Nov 92 02:50:34 GMT
- Lines: 86
-
-
- In article <BxyCuE.AB@nic.umass.edu>
- quilty@titan.ucc.umass.edu (Humberto Humbertoldi) writes:
-
- >In article <Bxv7wx.Dx5@acsu.buffalo.edu>
- >pfohl@ubvmsb.cc.buffalo.edu (Anne Pfohl) writes:
-
- >>and since, in fact, CO #2 *does* legalize discrimination, how
- >>would one go about prosecuting an incident of gay bashing in
- >>Colorado now? Would it have to be tried as assault, with no
- >>reference to it being a hate crime, or motivated by hatred of
- >>gays?
-
- >>If that's the case, gay bashing wouldn't exist in Colorado,
- >>because the crimes could not be identified as such in order
- >>to be prosecuted.
-
- >There seems to be a tricky issue here, which I would like to
- >bring up. It's a different thread, I know, but it's also a
- >different subject line:
-
- >I really don't think there SHOULD be specific laws against
- >"gay-bashing," nor any of the other "hate-crimes" type laws
- >which are popping up relative to other categories victims
- >(race, sex, religion, etc.). To me, laws against
- >"hate-crimes" only serve to try someone on the basis of
- >their ideological beliefs, rather than on their criminal
- >behavior.
-
- Ah, a favorite subject. This is by no means a simple issue,
- but I've just been reading a book that deals with all this
- in extenso, so many of the facets are fresh in my mind.
-
- It boils down to what the First Amendment really means, in
- practice. Those who think it is *the* main bastion of
- freedom (I'm one) will agree with you: to prosecute people
- for merely expressing themselves through speech and symbols,
- no matter how hate-filled or offensive to community
- sensibilities, is to compromise the 1st Amendment's
- protections and imperil freedom for all.
-
- >This seems like a fundemental abridgement of rights to free
- >expression of belief, or even to simply BELIEVE a belief.
- >As abhorrent as it is for someone to HATE someone on the
- >basis of their sexuality, race, sex, or whatever -- I for
- >one most certainly do not want THE STATE stepping in to
- >regulate and illegalize such BELIEF.
-
- And there lies the dilemma. The crux of the argument is
- that some beliefs, when expressed, lead to intimidation and
- injury to others by creating an oppressive atmosphere. We
- LGB people are certainly familiar enough with that!
-
- >Now, of course, if someone acts on a hateful belief, and
- >goes and beats up on gays qua gays (for example), they
- >should most certainly be tried on assault and other related
- >charges. But to charge them based, not on the character of
- >their actions, but on its motivation, seems like a dangerous
- >infringement of freedom of thought.
-
- It's mighty inconvenient, but there you have it: if one
- belief is actionable, any other belief can be actionable.
- The strength of the First Amendment's idea is that it's
- protection is not divisible, that is, it protects *all*
- ideas and beliefs equally. So Nazis and the KKK can parade,
- display swastikas, wear hoods, call for the destruction of
- everyone who doesn't believe as they do, and all sorts of
- disgusting things. But as soon as we try to prevent that,
- we're exposed to repression ourselves, because our ideas are
- anathema to lots of people.
-
- All this, as Humberto suggests, is quite separate from
- *acts* of hate; physical assault is a crime, of course.
- It's punishable as such:
-
- >All of this is very different from laws against
- >DISCRIMINATION. Discrimination is always, by definition, an
- >act which is carried out.
-
- <> Television is now so desperately hungry for material that
- <> they're scraping the top of the barrel. -- Gore Vidal
- --
- [Jess Anderson <> Madison Academic Computing Center <> University of Wisconsin]
- [Internet: anderson@macc.wisc.edu <-best, UUCP:{}!uwvax!macc.wisc.edu!anderson]
- [Room 3130 <> 1210 West Dayton Street / Madison WI 53706 <> Phone 608/262-5888]
- [---------> Discrimination, Bigotry, and Hate are not Family Values <---------]
-