4 - Hate speech

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Information about 4 - Hate speech

Published on November 28, 2008

Author: aSGuest4271

Source: authorstream.com

Slide 1: Hate Speech “I disapprove of what you say, but I will defend to the death your right to say it.” --Voltaire Slide 2: Burlington, Vermont -- January 25, 2005 Burlington police say racial hatred motivated two panhandlers who attempted to assault and rob a black pedestrian on Church Street around 8:30 Tuesday morning. Joyime Michaud, 29,and Kevin Cloninger, 21, apparently decided to became robbers when their Church Street panhandling was unproductive, according to police. Police say the pair assaulted and attempted to rob a black male pedestrian. But good Samaritan passers-by helped the victim escape until police arrived and arrested the suspects. Police say the crime appeared to be partially racially motivated because the men called the victim ugly racial slurs as they assaulted him. The victim suffered bruises to the abdomen and ribs according to police. Both men pleaded innocent to attempted assault and robbery. They are being held for lack of cash bail. If convicted, a judge could add another five years to their sentence for any hate crime. Jan 25th, 2005 Hate Groups on the web : Hate Groups on the web Hate Crimes.org Westboro Baptist Church Prussian Blue : Prussian Blue “Aryan man awake” When the man who plows the fields is driven from his lands. When the carpenter must give away what he's built with his own hands. When a mother's only children belong to her no more. And black masked men with guns come bashing down the doors. Where freedom exists for only those with darker skin. Where lies and propaganda will never let you win. Where symbols of your heritage are held with such contempt, and benefits of country 'cept tax are you exempt . Aryan man awake, How much more will you take, Turn that fear to hate, . “The Stranger” Slide 5: Vermont Hate Crimes Law What is a hate crime? Any crime committed in Vermont that is maliciously motivated by the victim’s actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, disability, sexual orientation or gender identity is a hate crime. The perpetrator can be given additional penalties at sentencing. Hate crimes should be reported to your local law enforcement agency. State’s Attorneys can seek increased penalties for hate crimes, including longer jail sentences and higher fines. What are the most common hate crimes in Vermont? Assaults (hitting, pushing, spitting, threats of immediate violence) Unlawful mischief – damage or destruction of property Telephone harassment (including repeated hang-ups) Disorderly Conduct (by loud or public threats and abuse) Vermont Office of the Attorney General Slide 6: Vermont Hate Crimes Law “A person who commits, causes to be committed or attempts to commit any crime and whose conduct is maliciously motivated by the victim's actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, handicap as defined by 21 V.S.A. § 495d(5), sexual orientation or gender identity shall be subject to the following penalties: If the maximum penalty for the underlying crime is one year or less, the penalty for a violation of this section shall be imprisonment for not more than two years or a fine of not more than $2,000.00, or both. If the maximum penalty for the underlying crime is more than one year but less than five years, the penalty for a violation of this section shall be imprisonment for not more than five years or a fine of not more than $10,000.00, or both.” Title 13: Crimes and Criminal Procedure Chapter 31: Discrimination 1455. Hate-motivated crimes Slide 7: Students have the right to freedom from discrimination on the basis of race, sex, age, religion, creed, color, national origin, Vietnam Veteran status, disability, or sexual orientation. -- UVM Student Handbook, II. CODE OF STUDENT RIGHTS AND RESPONSIBILITIES, Section B1 Threatening or causing non-physical abuse of or abusive behavior towards another person, including, but not limited to, verbal or written statements which constitute a form of expression unprotected by law, such as obscenity, fighting words, and defamation. Non-physical abuse means psychological abuse or abusive behavior through verbal or written statements which intend to or could reasonably be foreseen to cause embarrassment, humiliation, shame, fright, grief, or intimidation. -- UVM Student Handbook, II. CODE OF STUDENT RIGHTS AND RESPONSIBILITIES, Section C2 Slide 8: IOWA HATE CRIME STATUTE I.C.A. s 729.5 Violation of individual rights--penalty 1. A person, who acts alone, or who conspires with another person or persons, to injure, oppress, threaten, or intimidate or interfere with any citizen in the free exercise or enjoyment of any right or privilege secured to that person by the constitution or laws of the state of Iowa or by the constitution or laws of the United States, and assembles with one or more persons for the purpose of teaching or being instructed in any technique or means capable of causing property damage, bodily injury or death when the person or persons intend to employ those techniques or means in furtherance of the conspiracy, is on conviction, guilty of a class "D" felony. A person intimidates or interferes with another person if the act of the person results in any of the following: a. Physical injury to the other person. b. Physical damage to or destruction of the other person's property. c. Communication in a manner, or action in a manner, intended to result in either of the following: (1) To place the other person in fear of physical contact which will be injurious, insulting, or offensive, coupled with the apparent ability to execute the act. (2) To place the other person in fear of harm to the other person's property, or harm to the person or property of a third person. 2. This section does not make unlawful the teaching of any technique in self- defense. Slide 9: 2002: The Council of Europe has adopted a measure that would criminalize Internet hate speech, including hyperlinks to pages that contain offensive content. The provision, which was passed by the council's decision-making body (the Committee of Ministers), updates the European Convention on Cybercrime. Specifically, the amendment bans "any written material, any image or any other representation of ideas or theories, which advocates, promotes or incites hatred, discrimination or violence, against any individual or group of individuals, based on race, colour, descent or national or ethnic origin, as well as religion if used as pretext for any of these factors." It also obliquely refers to the Holocaust, outlawing sites that deny, minimize, approve or justify crimes against humanity, particularly those that occurred during World War II. "The emergence of international communication networks like the Internet provide certain persons with modern and powerful means to support racism and xenophobia and enables them to disseminate easily and widely expressions containing such ideas," the council's report on the amendment states. "In order to investigate and prosecute such persons, international cooperation is vital." Many European countries have existing laws outlawing Internet racism, which is generally protected as free speech in the United States. The council cited a report finding that 2,500 out of 4,000 racist sites were created in the United States. Muslim Cartoon Controversy2006 : Muslim Cartoon Controversy2006 Muslim Cartoons : Muslim Cartoons The Jyllands-Posten Muhammad cartoons controversy began after twelve editorial cartoons, most of which depicted the Islamic prophet Muhammad, were published in the Danish newspaper Jyllands-Posten on 2005-09-30. The newspaper announced that this publication was an attempt to contribute to the debate regarding criticism of Islam and self-censorship. Muslim Cartoons : Muslim Cartoons In response, Danish Muslim organizations held public protests and spread knowledge of Jyllands-Posten's publication. As the controversy grew, examples of the cartoons were reprinted in newspapers in more than fifty other countries, which led to numerous death threats, attempted murder, bounties placed upon the heads of cartoonists (causing them to go into hiding) and numerous protests, including rioting particularly in the Muslim world. Muslim Cartoons : Muslim Cartoons Critics of the cartoons describe them as Islamophobic or racist, and argue that they are blasphemous to people of the Muslim faith, intended to humiliate a Danish minority, or a manifestation of ignorance about the history of western imperialism, from colonialism to the current conflicts in the Middle East. Supporters of the cartoons claim they illustrate an important issue in a period of Islamic extremist terrorism and that their publication is a legitimate exercise of the right of free speech. They also claim that similar cartoons about other religions are frequently printed, arguing that the followers of Islam were not targeted in a discriminatory way. The Muslim Cartoons : The Muslim Cartoons The Muslim Cartoons : The Muslim Cartoons Slide 16: Fighting Words Chaplinsky v. New Hampshire (1942) : Chaplinsky v. New Hampshire (1942) Chaplinsky, a Jehovah's Witness, was distributing religious pamphlets. When he attracted a hostile crowd, he was arrested. He called the arresting officer “a damned racketeer” and a “damned fascist.” He was charged with violating the state's law against offensive or derisive speech, or name-calling, in public. Chaplinsky v. New Hampshire (1942) : Chaplinsky v. New Hampshire (1942) “There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words--those which by their very utterance inflict injury... It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.” from Supreme Court decision R.A.V. v. St. Paul (1992) : R.A.V. v. St. Paul (1992) In 1990 a group of teenagers burned a cross on the lawn of a black family in St. Paul, Minnesota. The city had a hate crimes ordinance that said: "Whoever places on public or private property a symbol, object, appellation, characterization or graffiti, including, but not limited to, a burning cross or Nazi swastika, which one knows or has reasonable grounds to know arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender commits disorderly conduct and shall be guilty of a misdemeanor." R.A.V. v. St. Paul (1992) : R.A.V. v. St. Paul (1992) In 1992 the Supreme Court ruled that it is not permissible to ban only certain types of fighting words. Justice Scalia wrote: “Let there be no mistake about our belief that burning a cross in someone's front yard is reprehensible. But St. Paul has sufficient means at its disposal to prevent such behavior without adding the First Amendment to the fire.” This seems to mean that statutes cannot limit all types of hate speech or fighting words, because it would also limit acceptable, if emotional, speech.

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