
 |
|
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
|
| |
Jewish World Review
May 29, 2007
/ 12 Sivan, 5767
Congress enacting thought crimes
By
Nat Hentoff
| 
|
|
|
|
http://www.JewishWorldReview.com |
Early in our Republic, James Madison declared that no American would be punished for his "thoughts." Madison never anticipated Democrat John Conyers, the Michigan congressman who, on a vote of 237 to 180 in the House, has successfully passed his Local Law Enforcement Hate Crimes Prevention Act. If approved by the Senate, which is likely, the current federal law providing longer sentences for perpetrators of violence on the basis of race, religion, color or national origin will be expanded to include sexual orientation, gender, gender identity or disability.
There are already 45 state "hate crimes" laws differing in language and especially in clarity but now it will be even easier for the federal government to also get involved in state "hate crimes" prosecutions when a state prosecutor is unwilling or unable to act on these charges.
This greater power of the federal government to define which free expression of our "biased" thoughts will lead to heavier criminal sentences may provide more work for the FBI.
I have been writing about and researching state "hate crimes" laws for more than a decade and have found proof of what NYU law professor James Jacobs writes in his definitive book, "Hate Crimes: Criminal Law & Identity Politics" (Oxford University Press):
When a prosecutor needs to build a stronger case, "witnesses may be called to testify about how the defendant told or laughed at racist or homophobic jokes, or whether he used racial slurs. In Grimm v. Churchill (1991), the arresting officer was permitted to testify that the defendant in a "bias" assault had a history of making racist remarks.
Similarly, in People v. Lampkin (1983), the prosecutor presented as evidence racist statements that the defendant had uttered six years before the crime for which he was on trial. In effect, a hate-crime trial may become a wide-ranging inquiry into the defendant's character, values and beliefs."
Watch what you say, and try to remember what you have said in the past. Other prosecutorial questions also may include magazines or other publications you read, or even which recordings you listen to.
As Sen. Ted Kennedy, D-Mass., a relentless spear header of hate-crimes legislation, persuades his colleagues to enact a statute with the same goal as John Conyers' in the House, I offer to those senators a report by a former Brooklyn assistant district attorney, Migdalia Maldonado, with experience on these cases:
"Given the heightened social awareness of bias crimes and the concomitant special attention that allegations of this sort receive from the enforcement officials and the media, the complainant is keenly aware that if the crime perpetrated against him or her is deemed a bias crime ... the perpetrator will be dealt with more harshly by the courts.
"A complainant, therefore, has an incentive to tailor his or her presentation of facts so as to obtain a bias-crime designation. ... This motive ... leads to a relatively high incidence of false reports."
Enthusiastically supporting the hate-crimes bill that passed the House, The Washington Post, in a careless, "politically correct" editorial, "Protection from Hate," ended its encouragement of the Senate to follow the House's lead by using the ever-present mantra of supporters of super punishing odious speech that prosecutors can connect to a crime against certain classes of victims:
"Crimes that target someone because of his or her race or sexual orientation are more than an offense against that individual. They are crimes that terrorize whole communities."
But what of the millions of the rest of us who are not members of communities given special guarantees of harsher penalties against their attackers?
Some years ago, a young white woman, I heard during my research, was sexually assaulted and terrorized by a white predator. A friend of hers, another white woman, was also the victim of similar brutality by a black man. The white attacker of the first white woman received a significantly shorter prison sentence than the black attacker of the second woman his act having been prosecuted and judged a "hate crime."
The first white woman was greatly puzzled. Angrily, she said, "Was what happened to me of less importance to the law then what happened to my friend?"
So much for "equal protection of the laws." If the president signs this addition to federal and state "hate crimes" into law, there will be ever expanding demands by other communities that they too must be included. Would it eventually be a "hate crime," with extra penalties, to assault someone for the category of only being a member of Congress?
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
Nat Hentoff is a nationally renowned authority on the First Amendment and the Bill of Rights and author of several books, including his current work, "The War on the Bill of Rights and the Gathering Resistance". Comment by clicking here.
Nat Hentoff Archives
© 2006, NEA
| |

Arnold Ahlert
Mitch Albom
Jay Ambrose
Michael Barone
Barrywood
Tony Blankley
Lori Borgman
Stratfor Briefing
Mona Charen
Linda Chavez
Richard Z. Chesnoff
Ann Coulter
Greg Crosby
Alan Douglas
Larry Elder
Suzanne Fields
Frank J. Gaffney
Bernie Goldberg
Jonah Goldberg
Julia Gorin
Jonathan Gurwitz
Paul Greenberg
Argus Hamilton
Victor Davis Hanson
Betsy Hart
Ron Hart
Nat Hentoff
Marybeth Hicks
David Horowitz
Jeff Jacoby
Renee James
Paul Johnson
Jack Kelly
Ed Koch
Ch. Krauthammer
Michael Ledeen
John Leo
David Limbaugh
Kathryn Lopez
Rich Lowry
Michelle Malkin
Jackie Mason
Ann McFeatters
Dale McFeatters
Dana Milbank
Jeanne Moos
Dick Morris
Jim Mullen
Deroy Murdock
Judge A. Napolitano
Bill O'Reilly
Kathleen Parker
Star Parker
Dennis Prager
Wesley Pruden
Tom Purcell
Sharon Randall
Robert Robb
Cokie & Steve Roberts
Heather Robinson
Pat Sajak
Debra J. Saunders
Martin Schram
Culture Shlock
David Shribman
Roger Simon
Michael Smerconish
Thomas Sowell
Ben Stein
Mark Steyn
John Stossel
Cal Thomas
Dan Thomasson
Bob Tyrrell
Ben Wattenberg
Diana West
Dave Weinbaum
George Will
Walter Williams
Byron York
ZeitGeist
Mort Zuckerman

Robert Arial
Chuck Asay
Baloo
Chip Bok
Dry Bones
Lisa Benson
John Branch
John Cole
J. D. Crowe
John Deering
Brian Duffy
Everything's Relative
Mallard Fillmore
Glenn Foden
Jake Fuller
Bob Gorrel
Joe Heller
David Hitch
Jerry Holbert
Lee Judge
Steve Kelley
Jeff Koterba
Dick Locher
Jimmy Margulies
Rick McKee
Michael Ramirez
Kevin Siers
Jeff Stahler
Ed Stein
Danna Summers
John Trever
Gary Varvel
Kirk Walters

Mr. Know-It-All
Dr. Peter Gott
GET A JOB! by Marty Nemko
Richard Lederer
Frugal Living
Tech Maven
On Nutrition
Bookmark These
Bruce Williams
|