Threads from Henry's Web

Tag: Hate Crimes

  • H. R. 1592

    I’ve posted on this one before, but over the last few days my e-mail inbox has been bombarded by notices telling me that my freedom of speech is about to be destroyed. Amanda at Imago Dei has an excellent post responding to this as well, and that reminded me to say a few more words. I could not find anything in the text of the bill that dealt with freedom of speech, but the logic apparently is that a pastor might preach a sermon against homosexuality, and a member of the congregation might then commit a crime against someone who is homosexual. Thus pastors could get put in jail over this.

    It seems to me, however, that absent any particular change to the law, such a charge would have to pass current tests for incitement, and frankly, I don’t think a pastor should be exempt from the standard charges of incitement. Let’s change the scenario around just a bit and suppose that the sermon is preached by the pastor of a small “cult.” (You supply whatever definition of “cult” you desire.) The pastor says that other Christians are as good as murderers because they are sending people straight to hell by presenting an untrue message, and that killing them would be justified. Following that service, a member of the congregation goes out and kills one or more conservative (but not true enough) Christians.

    I’m not a lawyer, but as I understand it there would be certain things that the pastor would have to have said to make his speech incitement. Certainly it would be considered incitement had he specified a target by name and pointed to a member of the church with the suggestion that the specific member should go kill the specific target. I don’t know precisely where the boundary lines are, but they already exist.

    Now I have some questions about the value of bringing in federal support, and in providing specific aid in cases of a specific motivation, but those issues are technical and should be discussed technically, not as an all-out assault on freedom of religion.

    For more information:

  • Freedom of Speech and People’s Feelings

    It appears a couple are threatened with offending Hindu sensibilities for their wedding, according to this story from the Evening Standard (London). (HT: Dispatches from the Culture Wars.) This is an Indian case, and due to the fame of one of the participants there is some indication India won’t pursue it.

    Those who approve of laws against “hate speech” or various similar restrictions on freedom of speech should be warned, however, that no matter what your views, this could be you.

    This is a serious danger to freedom, especially in cases of religion. When a government makes “offending” any class of religious people a legal offense, there is virtually no barrier before any speech whatsoever can be banned. What can I possibly say that will not blaspheme somebody’s religion. I do not believe Mohammed was a prophet. I’ve offended Muslims. That belief should be no surprise, however. I’m a Christian. I don’t think cartoons or art mocking Islam should be illegal, no matter how offensive Muslims find them. But note that at the same time I don’t think cartoons or art mocking Christianity, Christians, or major Christian figures should be illegal either. That’s freedom of speech. If you’re easy to offend, get used to being offended.

    Of course many non-Christians will agree with me on that point, but I again let me extend that further. Hate speech laws that target conservative Christian criticism of other religions or homosexuality, for example, are also anti-freedom. I often really don’t like the categories of speech they forbid, but that’s not the point.

    Let freedom of speech reign, and let’s all learn to be less offended by it.

  • Local Law Enforcement Hate Crimes Prevention Act of 2007

    I received an e-mail alert from the Traditional Values Coalition regarding this bill, H. R. 1592. It took me a little bit of time to find the actual bill, because, silly me, I thought there would be a link to it on one or another press releases. However, you can find that link here.

    The TVC alert, which you can find here (PDF), tells me:

    Without your action, this anti -Christian legislation will pass — under the guise of hate-crime prevention — and accomplish
    the following homosexual goals:

    • Silence the Bible-believing Churches, Pastors and Christians
    • Criminalize so-called “hate speech,” – which is any speech that is critical of homosexuality or cross -dressing
      behaviors. The suppression of free speech will be justified by the claim that such speech “incites” individuals to
      commit violence against homosexuals, cross -dressers etc. Any remarks about homosexuality, such as reading
      Bible passages, preaching on these passages, telling a person they can come out of the homosexual lifestyle, etc.
      will be deemed critical remarks and will be ruled to be outside the bounds of First Amendment protections for
      pastors, business owners and individuals.
    • Elevate homosexuality and cross -dressing behaviors such as drag queens, transsexualism, she -males, etc. to the
      status of federally-protected minorities. These behaviors will be considered equal to race under the federal law.
    • Interfere with local law enforcement by elevating every alleged incident of “hate” against a homosexual or
      cross-dresser into a federal crime.
    • Fund anti-Christian curriculum for children K-12, through the U.S. Departments of Education and Justice to
      promote homosexuality and cross -dressing as normal behaviors.

    In addition, you can reference the House Judiciary Committee release on this here, presumably largely from the chairman, John Conyers, who introduced the bill.

    Now it’s interesting to observe the difference between the language of the alert, and the language of the bill itself. First, the bill refers to acts of violence, rather than to speech or thought. I fail to see precisely how this is going to impact Christian pastors, even fundamentalist Christian pastors, and what they preach from the pulpit, unless that preaching manages to amount to incitement to violence, and interesting possibility.

    I tend to be suspicious of hate crimes legislation, nonetheless, because it seems to me that the actual violence is a sufficient reason for action, and if that violence gets out of hand, then one can increase the law enforcement. This should occur no matter what the motivation for the violence is. Further, there seems to be a bit of a stretching effort here to justify federal involvement in these crimes.

    I’m especially suspicious when hate speech gets involved, but I’m not seeing that here. “Speech codes” strike me as both unliberal and unconservative–just plain unsound and dangerous.

    That said, I simply do not see where the TVC gets their alert from the text of this bill. I would think it would be a clear, Christian duty to oppose violence against people irrespective of what we think of their lifestyle, character, sexual orientation, or anything else. The sole debate should be one of strategy. How do we best protect people from violence?

    It may well be that this bill is not the best strategy, and as I said it raises certain questions with me. I would like to know just how much accomplishment we expect from the grants that will be given and the use of federal resources, and how such success would be measured. Will we revisit this particular item of spending after a period of time and see if it has accomplished its goals? You see, I’m not at all certain that it will accomplish those goals, or that it is the best way, and our representatives in Washington have this interesting way of making the spending look good, but leaving out the measurement of success.

    One option that occurs to me for dealing with violence is increasing law enforcement generally, not so that we can have big brother looking in every window, but so that we can give every crime of violence due attention, and pay professional police officers the wages due their professionalism, and hire new ones where officers fail to live up to that standard. Perhaps some reprioritizing might be useful, for example, from prosecuting minor drug offenses and in favor of dealing with more serious, violent crimes.

    But what is most clear to me is that the TVC response is not so much about the bill as about their own agenda. Let me ask this: How will holders of “traditional” values (as defined by the TVC) deal with violence against gays, lesbians, cross-dressers, and so forth? Or is that not an important issue to you?