FREQUENTLY
ASKED QUESTIONS (FAQ)
How do
you define an extremist?
For our Center an extremist is an individual or group that subscribes
to a belief system that is substantially antithetical to America's
pluralistic democracy or someone who advocates violent methods to
achieve their ends.
What are the different types of terrorists?
Ideologically Motivated
Beliefs
* Theological
* Political
* Hybrid
Citizenship
* Domestic
* Foreign
Psychologically Dangerous Sociopath
* Desires sense of power, knowledgeable about consequences
Mentally unstable
* Irrational or delusional
Personal Benefit or Revenge Benefit
* Offender gains financial, reputational, or other enhancement
Revenge
* Offender settles an actual or perceived grievance against an individual
or institution
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What is the Ku Klux Klan?
The Ku Klux Klan (KKK) is the nation's largest and most enduring
terrorist group, founded in Pulaski, Tennessee, in 1865. It waged
a violent campaign against newly freed black slaves who exercised
their rights and the whites who supported Reconstruction (Chalmers,
1981). Outrage over Klan atrocities led to the passage of the Federal
KKK Acts, laws that are still used today to punish violent deprivations
of civil rights. The Klan's influence ensnared the whole South and
its membership soared to over 500,000 before it was "officially"
disbanded in 1869 by its founder, a former Confederate general,
Nathan Bedford Forrest (Chambers, 1981).
The Klan's second incarnation came in 1915. A Georgia preacher named
William Simmons broadened the scope of Klan bigotry to also include
Catholics, Jews, and new immigrants, in addition to African-Americans.
He also sculpted Klan ideology to embrace Christian fundamentalism
and fanatical patriotism-trends that are present today in the ideological
framework of the Patriot movement. A new technological medium, the
motion picture, broadcast a glorified and heroic Klan image to the
nation in the popular D.W. Griffith film, Birth of a Nation. By
the mid 1920s, the Klan had 4.5 million members throughout the East,
with a disproportionate representation in Indiana. Lynchings committed
or inspired by the Klan were a common terror tool in the South.
Thousands of mostly black Americans were murdered by Klansmen or
their sympathizers over the span of several decades. Before being
coopted by racists, lynching had previously emerged as a punishment
of choice by frontier vigilantes from the revolutionary era into
the late 1800s (Bullard, 1991, pp. 14-18; Ridgeway, 1995, p. 52;
KKK, 1975, p. 61; Lynching, 1975, p. 668-669).
By 1925, internal quarrels, corruption and highly publicized sex
scandals led to a steep decline in Klan influence and membership
until a violent southern revival during the Civil Rights era (Bullard,
1991, pp. 14-18; KKK, 1975, p. 619).
During the late 1970s and the 1980s Klansmen relied on two distinct
strategies to promote their cause. One strategy, that of mainstreaming
racism, was pioneered by David Duke. Duke left the Klan and started
his own group, the National Association for the Advancement of White
People. Duke's strategy was to mainstream and subtly disguise his
bigotry by exploiting racial divisions less directly than the more
confrontational KKK style. He wore suits and submerged his racial
views into mainstream political discussions of affirmative action,
crime, drugs, federal authority, welfare, gay rights and education.
Duke was elected to the Louisiana House of Representatives, and
was narrowly defeated in bids for governor and the U.S. Senate in
the late 1980s. In 1988 and 1992, Duke unsuccessfully ran for President
on the Populist Party ticket (Schwartz, 1996, p. 36-38).
The other Klan strategy was more violent and extreme. The Klan could
no longer count on the mainstream membership and political support
that sustained it in the South during the turbulent Civil Rights
Era. During the 1980s many Klan factions adopted not only a disturbing
new violent and militaristic style, but an increasing solidarity
with other hatemongers they previously distrusted, notably neo-Nazis.
During the 1980s in North Carolina and Texas, Klan paramilitary
units terrorized minorities with impunity until federal courts enjoined
them. In the late 1970s and 1980s Klansmen and their associates
committed numerous murders, bombings and other violent attacks on
minorities, eerily reminiscent of the Klan's previous waves of terror.
While the Klan's violent shift and militaristic style increased
membership off its early 1970s lows, to about 11,000 in 1981, there
was an unintended consequence (Klanwatch, 1990, p. 47). Prominent
watchdog groups like Klanwatch, the Anti-Defamation League (ADL),
the American Jewish Committee (AJC) and the Center for Democratic
Renewal engaged in a variety of successful strategies against the
Klan and other organized hate groups that included monitoring, grass
roots activism, legislative initiatives and civil law suits.
The Klan and other hate groups suffered a series of crushing legal
blows for their connections to acts of hate violence in cases litigated
by the Justice Department's Civil Rights Division and the Southern
Poverty Law Center (SPLC). While the Klan today, with only 4,000
members nationally, is a mere shadow of its former self, Klan methods
and ideology have played a key role in the evolution of American
bigotry, antigovernment politics and paramilitary extremism.
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What is a hate crime?
Generically, hate crimes may be defined as those offenses committed
because of the actual or perceived status
characteristic of another; or alternatively a crime where the motive
is the actual or perceived status characteristic of
another- usually, but not necessarily the crime's victim or target.
Status characteristics are those material attributes, like race,
common to identifiable classes of people that society recognizes
through law, tradition or custom.
Today, hate crime laws are sometimes more broadly defined to include
offenses that prohibit against cross burnings, desecration to houses
of worship, Ku Klux Klan antimasking laws, penalty enhancements,
and stand alone civil rights or intimidation statutes. It is the
last two statutes - the penalty enhancements and the stand alone
statutes-that are the most broadly applicable to the widest range
of criminal conduct, and the ones that are most commonly referred
to as hate crimes. Hate crime is sometimes referred to as bias crime.
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to top What is the difference between stand-alone and penalty enhancement
statutes.
Stand- alone statutes, such as California Penal Code � 422.6, create
a separate chargeable offense rather than
enhancing the sentence meted out for an existing underlying offense.
Typical for statutes of its type, California's
stand-alone statute punishes the interference with an individual's
civil rights through intimidation by force or threat
because of status group membership such as race, religion, sexual
orientation and ehtnicity among others. Stand-alone statutes do
not require the charging of a separate underlying offense.
Many states have adopted penalty enhancement statutes that increase
the penalties after guilt is established for an underlying offense,
such as assault or property damage. The enhancement becomes effective
when the prosecution subsequently proves that the crime for which
a defendant has already been convicted was either motivated by bias
or involved discriminatory selection of a victim. For example, Wisconsin's
penalty enhancement statute increases sentences imposed for crimes
in which an offender intentionally selects a victim on the basis
of such things as race, religion, national origin, or sexual orientation.
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How many hate crimes are officially reported in the United States?
The table below represents those criminal hate incidents officially
reported in the United States by the FBI. As of this writing over
two dozen states have statutes requiring hate crime data collection.
In most instances, this requirement is often not adhered to by police
departments- so these figures are generally believed to reflect
a significant undercount.
Federal law only requires only that the FBI serve as a conduit for
hate crime statistics and that it publish an annual
report on hate crime statistics - so law enforcement agencies that
do not comply with the FBI request to release such statistics are
completely free to do so.
Reported Hate Crime in the United States by Year and Bias Motive
|
YEAR
|
1992
|
1993
|
1994
|
1995
|
1996
|
1997
|
1998
|
1999
|
|
Total Criminal
Incidents�
|
6623
|
7587
|
5932
|
7947
|
8759
|
8049
|
7755
|
7876
|
|
Agencies
Participating�
|
6181
|
6551
|
7356
|
9584
|
11,355
|
11,221
|
10,730
|
12,122
|
Bias Motivation
|
Race:
|
4025
|
4732
|
3545
|
4831
|
5396
|
4710
|
4321
|
4295/56%
|
|
Anti-White:
|
1342
|
1471
|
1010
|
1226
|
1106
|
993
|
792
|
781
|
|
Anti-Black:
|
2296
|
2815
|
2174
|
2988
|
3674
|
3120
|
2901
|
2958
|
|
Anti-Asian/Pac.
Isl.
|
217
|
258
|
211
|
355
|
355
|
347
|
293
|
298
|
|
Eth./Nat. Origin:
|
669
|
697
|
638
|
814
|
940
|
863
|
754
|
829/11%
|
|
Anti-Hispanic
|
369
|
472
|
337
|
516
|
564
|
491
|
482
|
466
|
|
Religion:
|
1162
|
1298
|
1062
|
1277
|
1401
|
1385
|
1390
|
1411/16.5%
|
|
Anti-Jewish
|
1017
|
1143
|
915
|
1058
|
1109
|
1087
|
1081
|
1109
|
|
Anti-Christian
|
46
|
62
|
46
|
67
|
110
|
84
|
120
|
84
|
|
Anti-Islamic
|
15
|
13
|
17
|
29
|
27
|
28
|
21
|
32
|
|
Sexual Orient.:
|
767
|
860
|
685
|
1019
|
1016
|
1102
|
1260
|
1317/16%
|
|
Anti-Gay/Lesbian*
|
760
|
830
|
664
|
984
|
991
|
1081
|
1231
|
1288
|
�Year by year comparisons are discouraged because the number of
agencies participating in the hate crime data collection program
or reporting incidents varies from year to year varies. In addition
hate crimes are significantly underreported by victims and
police. Of the 16,000 domestic police agencies 12,122 "participated"
in the FBI program, but only 1815 actually reported any incidents
in 1999.
*Anti-Bisexual are counted for total for sexual orientation, but
not for subtotal for Anti-Gay/Lesbian
Source: Hate Crime Statistics, FBI Uniform Crime Reports 1992-1999
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What is the difference between hate crime, hate incidents, and
hate violence?
Hate incidents and hate violence are bigoted or discriminatory acts
or expressions that injure a person; damage
property; or diminish someone's quality of life because of a socially
recognized status characteristic. Hate crimes are a subset of hate
violence and hate incidents- but only include those events that
rise to the level of a criminal offense.
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What groups are specifically covered under these definitions?
Anti-hate advocacy groups define hate violence as any verbal or
physical act that intimidates, threatens, or injures a person or
person's property motivated in whole or in part because of someone's
membership in a targeted group. That membership can be based on
actual or perceived race, disability, ethnicity, national origin,
immigration status, religion, gender, sexual orientation, or age.
(Final Report of the Attorney General's Commission on Racial, Ethnic,
Religious, and Minority Violence, April, 1986; National Gay and
Lesbian Task Force, and National Asian Pacific American Legal Consortium
1994 Audit of Violence Against Asian Pacific Americans) Furthermore,
many organizations define hate violence as including bigoted acts
or expressions directed against public institutions or against those
who associate with "disfavored" groups. S.C.
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What is the significance of the language "actual or perceived"?
The phrase, "perceived" in the above definition means that incidents
where the perpetrator mistakes someone's
membership in a particular group (e.g., calls a victim a Kike though
the person is not Jewish; calls a victim who is
straight a "faggot"; calls a victim a "Jap" when in fact the victim
is Filipino). S.C.
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What types of incidents actually constitute hate violence/incidents
and hate crimes?
Hate violence/incidents occur across a broad spectrum and may include
verbal or written slurs, threats, harassment, graffiti, vandalism,
property damage, and physical assaults including attacks resulting
in serious injury or death. Specific examples of hate violence include
drive by shootings, bias motivated fist fights, the unwelcome use
of hate symbols such as a swastika or racist messages on a person's
car or other property; and hate messages sent over the Internet,
by phone, or other form of communication. Again, keep in mind that
some forms of hate violence - such as physical assault, murder,
or vandalism - also constitute crimes, while other forms such as
name-calling without a physical threat may only constitute hate
speech - a constitutionally protected form of communication. When
hate violence or hate incidents rise to the level of being a crime,
it is classified as a Hate Crime. S.C.
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What types of legal action can a victim take?
Both criminal and civil legal action may be taken by the victim,
depending on a number of factors. Other interested
parties may have a legal duty or legal option to take action as
well. Such parties could include the victim's relatives, advocacy
groups, as well as government agencies such as the U.S. Attorneys
Office District Attorneys, the City Attorney, or the State Attorney
General, and others listed below under the question "What other
government agencies and offices can a hate violence incident be
reported." S.C.
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What is the difference in coverage between state and federal
law?
Most criminal prosecutions of all kinds, including hate crimes,
take place at the state and local level. Under our
Constitution, the federal government's jurisdiction to enact criminal
law is more limited. Federal authority to enact and prosecute hate
crimes comes primarily from the post Civil War Constitutional Amendments
and earlier provisions granting Congress authority to regulate interstate
commerce. Recent Supreme Court decisions, however, have severely
restricted Congress' authority to enact criminal laws whose connection
to interstate commerce is limited.
The two most recently enacted criminal hate crime statutes are the
Federal Hate Crimes Sentencing Enhancement Act of 1994 and a 1968
Civil Rights law. The Hate Crimes Sentencing Enhancement Act of
1994 provides a penalty enhancement of up to one-third of a normal
prison sentence for a limited number of underlying federal crimes
involving the discriminatory selection of a victim.
A 1968 law, 18 U.S.C. section 245(b)(2)(B) criminalizes the use
of race, ethnicity, or nationality in interfering with a
protected activity, such as attending school. This particular statute
has been used to prosecute the following acts: Using a computer
at a federally funded educational institution to send an e-mail
message (or messages) that include racial or ethnic slurs coupled
with a physical threat to the address(es) and various instances
of racial and religiously motivated assaults and homicides.
The limited prosecution under this statute has a lot to do with
its stringent requirements. First, it must be shown that the victim
was targeted because of their race, color, national origin, or religion.
Second, as intended by Congress when it passed the statute, the
victim must have been engaged in "federally protected activity"
which includes (1) enrolling in or attending a public school or
public college; (2) participating in or enjoying a service, program,
facility, or activity provided or administered by any state or local
government; (3) applying for or enjoying employment; (4) serving
in a state court as a grand or petit juror; (5) traveling in or
using a facility of interstate commerce (e.g., federally-funded
highway); and (6) enjoying the goods or services of certain places
of public accommodation.
The first activity listed - attending a public school - has been
applied in a case where the perpetrator used a computer at a federally
funded educational institution to send an e-mail message (or messages)
that include racial and ethnic slurs coupled with physical threats
to the Asian American students.
A glaring inadequacy of section 245 is that it does not cover hate
crimes involving the victim's sexual orientation,
gender, or disability. Also, prosecution under this statute is not
usually commenced until after state or local authorities have refused
to take action or have acted inadequately and community groups have
pressured federal authorities. S.C.
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What are the civil remedies available to victims of hate incidents?
Victims of most hate crimes and various types of hate incidents
can sometimes sue for the harms they suffer if that harm constitutes
a legally recognized "tort". Torts are wrongful acts for which the
law recognizes a compensatory or remedial civil remedy - usually
money damages. Tort law doctrine allows civil liability for wrongful
acts to extend beyond the actual aggressors to those who intentionally
or negligently further the commission of the wrongdoing- such as
those who negligently or malevolently train or supervise others.
Negligence occurs when an unreasonable act results in a foreseeable
harm to another. The standard of proof a litigant needs to prevail
in civil tort cases is that of preponderance of the evidence- a
much lower evidentiary standard than the one used in criminal trials.
In addition tort law allows an additional monetary recovery in the
form of punitive damages to punish wrongdoers. These awards are
generally offered for intentional torts and in negligence cases
where the conduct is viewed as particularly blameworthy- characteristics
commonly found in hate violence cases. (Edwards & Edwards, 1998).
Injunctive relief to prevent further harm to a victims is also allowed
under tort law and some hate crime statutes. A
number of states allow for police enforcement of civil injunctions
against bias offenders who habitually target the same victim.
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What other government agencies and offices can a hate violence
incident be reported to?
Other government agencies besides the police incident can have hate
crimes reported to them. These include the state and local human
rights commission, a community agency, the district attorney's office,
or any other appropriate government agency. Depending on where the
incident occurred, a hate violence victim may also file a report
with the other following government agencies: latter may include
the local or state human rights commission; the city housing authority;
the U.S. Equal Employment Opportunity Commission ( see http://www.eeoc.gov/facts/howtofil.html),
or the U.S. Department of Housing & Urban Development ( see http://www.hud.gov).
Filing with these agencies is an option a victim may pursue in addition
to filing a police report. This option is highly advisable when
police refuse to take a report on an incident or when police appear
to not be following up aggressively on a police report. To further
pressure law enforcement authorities, a victim should also contact
their elected officials at the federal, state, county, and municipal
levels. For more information, see http://congress.nw.dc.us/gr/.
S.C.
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Is underprosecution of hate crimes and other inadequate action
by law enforcement authorities a problem in many places?
Probably. While there are thousands of hate crimes reported every
year only a small number of metropolitan
jurisdictions prosecute more than a few dozen cases each year. Similarly,
the Department of Justice prosecutes a few dozen more annually.
The 1998 Audit of Violence Against Asian Pacific Americans by the
National Asian Pacific American Legal Center (NAPALC) observed that
even in jurisdictions such as San Francisco that are regarded as
national models for law enforcement handling of hate crimes, there
is a problem of hate crime underprosecution. For more details, see
"Are Hate Crimes Underreported?" at see http://www.apbnews.com/cjsystem/justicenews/2000/04/09/asianhate0409_01.html.
Similarly, civil rights groups in the Boston area, long considered
a model jurisdiction for hate crime response, also have complained
recently of a lack of prosecution of hate crimes by prosecutors.
See "As Reported Hate Crimes Surge in Boston, Prosecutions Drop"
by Judy Rakowski, Boston Globe, June 12, 2000.
Often times, law enforcement inadequately addresses incidents as
hate motivated. While some police leaders may promote their department's
efforts against hate crimes as "national models", the fact is many
rank-and-file officers are inadequately trained or insensitive.
Officers sometimes find civil rights cases unnecessary, tedious
record keeping that amounts to social work by law enforcement. Also,
performance might be limited because line officers are not traditionally
trained to respond to community conditions or respond to crimes
by motive. Thus, they will often fail to investigate an incident
as hate motivated or if they do so, they have been known to trivialize
investigated incidents as "copycat hate crimes", crimes that would
have occurred if the victim were of any race, or neighborhood conflicts
that can be resolved through mediation.
S.C.
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Why should a hate violence victim report an incident to law enforcement
or other authorities even if a crime is not involved?
According to the NAPALC, "More serious (criminal) incidents often
follow smaller (non-criminal) incidents. By ignoring smaller incidents
we may invite further harassment. Smaller incidents may also provide
important evidence which may lead to the identification of the people
who cause more serious crimes." Hate incidents may include:
� Receipt of hate literature, e-mails, or threatening phone calls;
� Seemingly random acts of harassment
� Offensive language directed to you or name calling
� Graffiti or minor vandalism
S.C.
What exactly does the First Amendment say and do?
The First
Amendment, ratified in 1791, states: "Congress shall make no law
... abridging the freedom of speech, or of the press; or the right
of the people peaceably to assemble, and to petition the Government
for redress of grievances."
The First Amendment's wording is unique among the Bills of Rights
in its apparent clarity and strength. The other
amendments in the Bill of Rights were worded to give government
much more latitude when its action infringed on fundamental liberties.
Notwithstanding the First Amendment's wording, disputes over the
extent of its protections started soon after ratification and continue
to this day.
The First Amendment is now applied to the actions of all level of
government, not just Congress and the federal
government.
Over the years the Supreme Court has established other new standards
relating to expressive rights. Specifically, the Court has identified
various circumstances where the government has greater latitude
to interfere with expression. These circumstances where the government
has greater authority relate to the presence of either a compelling
state interest, an unprotected area of speech; symbolic conduct;
criminality, or the use of time, place and manner restrictions.
Generally governmental regulations based on the content of the idea
expressed will be overturned. If expression falls under an "unprotected"
area of speech the government has far greater ability to regulate
or proscribe it. Unprotected areas of speech include defamation,
fraudulent commercial speech, obscenity, and incitement to criminality.
Technically another unprotected category called "fighting words"
exists, but is considered by many to be dormant because the Court
has refused to invoke the category in upholding a speech restriction
in five decades.
Isn't hate speech protected by the U.S. Constitution's First
Amendment Free Speech provision?
Yes. As a general rule, the First Amendment protects hate speech
as long as it does not:
include a physical threat of violence or property damage;
incite imminent criminality;
does not defame a particular individual;
solicit or actively abet criminality;
or evidence a conspiracy.
If hate speech is protected, don't hate crime laws also violate
the Constitution's protection of freedom of speech?
The Supreme Court has consistently upheld criminal civil rights
laws and hate crime laws that punish status based criminal acts
or status based interference with particular civil rights. The Court
has, however, invalidated criminal laws that seek to punish otherwise
legal expression because it promotes bigotry or merely offends people.
Still, the Court has also held that the criminal law can distinctly
punish the harmful act of selecting certain classes of people for
victimization- separate from the victimization itself- without punishing
the underlying belief system that leads to such selection. The premise
being that the act of discriminatory crime victim selection is a separate
culpable harm that is distinguishable from the protected right to
promote bigotry in a lawful manner.
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What about the law in other countries?
Most other Western countries have various prohibitions on hate speech-
although those laws are rarely enforced. There is an increasingly
accepted international body of law - known as the Article 4 of the
International Convention on the Elimination of All Forms of Racial
Discrimination - which calls for the criminal punishment of racial
hate speech. Countries that have criminalized racial hate speech,
based on this protocol, include Canada, Australia, New Zealand,
and the United Kingdom. Advocates of hate crime victims have argued
that the First Amendment Free Speech right should be weighed against
the right to equality and respect covered by the Fourteenth Amendment.
For more on this specific issue, see "Countering Cyberhate: More
Regulation or More Speech?" at
http://www.abanet.org/irr/hr/sum98cacas.html and "Racism
and Racial Discrimination on the Internet, at
http://www.unhchr.ch/html/menu2/10/c/racism/guzman.htm.
In Canada a piece of federal legislation, The Sentencing Reform
Bill (C-41) is a penalty enhancement provision, similar to those
in the United States, that allows for increased sentences when a
crime is committed because of someone's nationality, color, religion,
sex, age, mental or physical disability, or sexual orientation.
In addition Canada has far more expansive hate speech laws that
are common to other Western nations with less stringent protections
of free speech. Section 318 of the Canadian Criminal Code criminally
punishes those who "advocate genocide" on the basis of color, race,
religion or ethnic origin. Section 319 (1) punishes those who incite
hatred on the basis of color, race, religion or ethnic origin where
such incitement is likely to lead to a breach of the peace." Section
319(2) of the Canadian Criminal Code punishes the public communication
of statements that willfully promote hatred on the basis of color,
race, religion
or ethnic origin.
In the United Kingdom the primary law that punishes racial hatred
is located in Part III of the Public Order Act
1986.(1)��17 et. seq. The statute punishes the incitement of racial
hatred through words, conduct or the display of
written material . The law expansively defines race as including
color, race, nationality (including citizenship) and ethnic or national
origins.
Germany also a has criminal law which punishes inciting racial hatred.
In 1996 American Gerhard Lauck, was sentenced to four years in prison
by a German court after he was apprehended by authorities during
a European trip. Lauck was convicted for the mass mailing of hateful
neo-Nazi materials to Germany, where it is banned, from his home
in Nebraska where it is legal (Associated Press, 1996). Article
5 of the German Constitution provides limited protection for free
speech but only to the extent that the expression is truthful and
does not contravene the human rights of others (Rosenberg and Keesler,
2000)
S.C./B.L.
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Is non-violent, but bigoted hate speech online Constitutionally
protected?
Yes, as long as it does not cause, threaten, solicit, or conspire
criminality. In June 1997, in the case of Reno v. ACLU, the United
States Supreme Court issued a ruling that had far reaching implications
for hateful and other controversial websites. The Court voted 7-2
to invalidate two sections of the Communications Decency Act, a
new law that among other things, punished the knowing transmission
of various types of obscene, patently offensive or indecent messages
in a manner in which minors might view it. The Court held that the
Internet was a form of communication that enjoys the widest protection
from government censorship or punishment. The justices rejected
the government's contention that the Internet should be as highly
regulated as broadcast radio and television, and in particular rejected
the application of an indecency or offensiveness standard to Internet
communications. The Court found that using indecency or offensiveness
as benchmarks for restriction on Internet communications impinged
on Constitutionally protected speech because they were both too
vague and too restrictive (Reno v. ACLU,1997).
Pursuant to the Court's ruling, many offensive sites that spewed
hatred remained Constitutionally protected. The Court's ruling in
Reno, however, did not extend protection to individuals who use
the Internet as an instrumentality to commit conduct, like threats,
frauds, or criminal solicitation, that is unlawful irrespective
of the context.
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Have there been hate-related prosecutions or civil cases pursued
for online legal violations?
Yes, but these online bigoted violators have been prosecuted or
pursued under existing laws. On September 26, 1996 Richard Machado
using a university computer sent a racist epithet filled threat
to about sixty, mostly Asian, students at the University of California,
Irvine where he had flunked out that warned, " I personally will
make it my life career to find and kill everyone of you personally.
OK?????? That's how determined I am. Get the f**k out, Mother F**ker
(Asian Hater)"
In February 1998, Machado became the first individual to be convicted
in the United States of a so-called hate crime over the Internet.
After a jury deadlock in his first trial a subsequent jury convicted
Machado of violating 18 USC 245 for interfering with their right
to attend a public college. Machado was sentenced to one year in
prison. (United States v. Machado, 1998.)
Less than a month later, in March 1998, 67 Latino students and employees
of California State University, Los Angeles, MIT, and other institutions
received a threatening e-mail that read in part: "I hate your race.
I want you all to die. will (sic) do kill all your people for me,
wetback....I'm going to come down and kill your wetback, affirmative
action ass.....I hate wetbacks!!!Kill all wetbacks!!!"
In June 1999, Kingman Quon, an Asian-American California college
student received a two year sentence under 18 USC 245 for sending
those threatening e-mails. His probation bars him from using a computer
or going online for a year once he is released from prison. (United
States v. Quon, 1999.)
Online haters face prosecution not only for violating traditional
civil rights statutes, but also from other statutes dealing with
telecommunications. Under 47 USC 223 those who seek to threaten
, annoy, or harass another through the use of a telecommunications
device by making lewd, indecent or anonymous contact face up to
two years in prison. In addition 18 USC 875 provides for up to two
years incarceration for threats communicated in interstate commerce
which can include phone or computer lines.
In October 1998 a neo-Nazi hate site, Alpha HQ, run by longtime
Philadelphia racist Ryan Wilson became the first hate site to be
removed by court order from the World Wide Web after the Pennsylvania
Deputy Attorney General Trent Hargrove obtained a civil injunction.
His site allegedly published threats against two Pennsylvania civil
rights workers. The Attorney General's Office contended that the
site was in violation of state laws that generally prohibited harassment,
terrorist threats and ethnic intimidation. Wilson failed to appear
in his own defense. Wilson later was assesses in a one million judgment
in a federal administrative hearing for violating the rights of
one of the sites targets.
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How long have online hatemongers been around?
The use of computer networks by white supremacists dates back to
the early 1980s when West Virginia neo-Nazi
publisher George Dietz established a computer bulletin board (BBS)
to post racist, anti-Semitic and Holocaust denial material. These
bulletin boards, accessible to those with a computer and a modem,
were text postings arranged by titles that included "The Jew in
Review," "The Holohoax," and "WVA Real Estate Bargains." These bulletin
boards allowed space for additional comment and the downloading
of files by interested users. Shortly thereafter the Aryan Nations
and White Aryan Resistance set up BBSs of their own to spread their
ideology. The men behind each BBS, Louis Beam and Tom Metzger, are
influential white supremacists whose ideology promote random racist
violence- a message well situated for the anonymous and far reaching
medium of computer networks. During the mid 1990s anti-government
"patriot" groups added this technology to an array of communication
media that included fax networks and short-wave radio broadcasts.
(Political Research Associates, 2000)
It was in the Spring of 1995 that computer programmer Don Black
set up the first, and arguably most influential hate website, Stormfront,
from his Palm Beach, Florida home. Black a former Ku Klux Klansman
and federal felon, was soon joined by other notorious hatemongers
on the web. Today, there are a vast array of bigots in cyberspace
including the neo-Nazi National Alliance, Aryan Nations, White Aryan
Resistance, World Church of the Creator, National Association for
the Advancement of White People, various Klan factions, skinheads,
holocaust deniers, and hate rock promoters. It is estimated that
there are about 500 hate websites on the Internet in addition to
various chat rooms, e-mail services, and USENET posting locations.
Out of those 500 hate sites there are only a few dozen hub sites
that update their content regularly and get a consistent stream
of visitors. (Perine, July 25, 2000)
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What were the characteristics of the African Slave trade?
The slave trade to the New World lasted over 350 years - into the
1860s (Fogel, 18). Brazil was the most common
destination for slaves during the period, with 41% of them ending
up there. English and French Caribbean Islands and Spanish territories
accounted for another 47% of the arrivals. Another 5% ended up in
territories owned by Holland, Sweden and Denmark. England's American
Colonies, and later the United States accounted for 7% of the slaves
brought to the New World (Fogel at 18).
The extent of the New World slave trade is somewhat elusive, but
staggering by any credible analysis. Earlier estimates put the number
of slaves brought to the New World at 13.8 million persons, while
more recent estimates were revised to about 9.7 million people,
with an additional 150,000 persons going to Europe. [ Fogel 424].
IMPORTATION OF AFRICANS DURING SLAVE TRADE: 1451 - 1870 (Fogel 19)
| BRAZIL |
4,030 |
| HAITI |
936 |
| JAMAICA |
787 |
|
UNITED STATES/
ENGLISH
COLONIES
|
661 |
| GUYANA/SURINAM |
500 |
| MARTINIQUE |
365 |
| BARBADOS |
344 |
| GUADELOUPE |
290 |
| MEXICO |
200 |
| COLUMBIA |
200 |
| VENEZUELA |
121 |
| PERU |
95 |
| PUERTO RICO |
77 |
| GRENADA |
67
|
It should be noted that while slaves were brought to many New World
European territories, it was the British who were by far the most
common traders in human cargo. The English regularly transported
slaves to a variety of different locations in the Americas, administered
by a variety of different European nations. [Franklin at 40]. The
English would often trade items refined or manufactured in Europe
such as fabric, metal goods, food liquor and guns for slaves. The
exchanges would take place at trading posts along the coast of Western
Africa. [Id].
Passage to the New World, called the "middle passage" was described
by historian John Hope Franklin as a "veritable nightmare." Massive
and inhumane overcrowding, unsanitary conditions, disease and suicide
ravaged the ranks of Africans placed in transit. Many also suffered
permanent injury from being constantly shackled together with little
room to move. [Id. at 42]. Franklin estimates that only about half
of these people transported to the New World actually ended up laboring
in the Americas because of death, disease or disability. [Id at
42]. Notwithstanding, the tremendous loss in human life, those slaves
that survived helped make the slave trade "one of the most important
sources of European wealth in the seventeenth and eighteenth centuries."
(Franklin at 44)
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What is the Holocaust?
The Holocaust refers to the largest and most recent coordinated
genocidal attack against Jewry in world history. At its conclusion
between five to six million men, women, and children of Jewish ancestry
or religious affiliation were killed by the Nazi regime. Many others
including gays, gypsies, the disabled, intellectuals, and Christian
religious objectors were also systematically killed.
Estimated Figures of Jews Killed As A Result of the Holocaust
TABLE 1
Country Number Percent of Jewish Population Killed
| Poland |
3,000,000 - 90 |
| SSR Ukraine |
900,000 - 60 |
| Hungary |
450,000 - 70 |
| Romania |
300,000 - 50 |
| SSR White Russ. |
245,000 - 65 |
| Baltic States |
228,000 - 90 |
| Germany/Aus. |
210,000 - 90 |
| Other
|
600,900 |
| TOTAL |
5,933,900
- 67 |
(Dawidowicz, 1975, p.
402)
TABLE 2
Nation Number of Jews Killed
| Poland - |
up to 3,000,000 |
| USSR - |
over 700,000 |
| Romania - |
270,000 |
| Czechoslovakia - |
260,000 |
| Hungary - |
over 180,000 |
| Lithuania - |
up to 130,000 |
| Other |
560,000 |
| TOTAL |
5,100,000 |
(Hilberg, 1985, p. 1220)
The official Nazi propaganda bureaucracy orchestrated a systematic
effort to scapegoat responsibility for Germany's military, diplomatic
and economic defeats on to Jews. Media campaigns labeled Jews as
rodents or vermin unfit for inclusion in an Aryan society. Nazi
laws worked hand in glove with economic deprivation and social castigation
to remove Jews from meaningful participation in German society.
On November 9, 1938 a two day long attack of coordinated hate crimes
by roving bands of Nazi mobs commenced across Germany and Austria
resulting in the death of 96 Jews, and the illegitimate arrest of
30,000 more. Arsons, vandalism and looting destroyed thousands of
Jewish businesses, homes and synagogues. As correspondent Otto Tolishus
reported in the New York Times, "...by nightfall there was scarcely
a Jewish shop, cafe, office or synagogue in the country that was
not either wrecked, burned severely, or damaged." The combination
of government complicity and the lack of any meaningful public condemnation
in Germany to this initial violent salvo is widely regarded as a
crucial turning point for the even greater atrocities that followed
(Berenbaum, 1993, p. 54; ADL,1991, p. 7).
The final stages of the Nazi atrocities involved the complete isolation
of Jews from society. Victims were stripped of their belongings
and forcibly removed from their homes. In violation of Judaic law
victims were tattooed with identification numbers on their forearms.
They were transported in sealed railroad cattle cars to cramped
unsanitary slave labor camps ringed by electrified fences, guard
towers, and armed soldiers.
Most of the Jewish deaths that occurred under the Nazi regime occurred
at 17 major concentration camps spread across Eastern Europe from
1942-1945. While most died from gassings involving either the insecticide
Zyklon B or carbon monoxide, a smaller number died from shootings,
beatings, anatomical experimentation and disease (Berenbaum, 1993,
p.123; O'Brien & Palmer,1993, p.68).
These concentration camps were the most efficient killing machines
ever developed in human history. Those who were infirm, elderly,
or too young for forced labor were immediately segregated and executed
upon arrival. All others, except the few liberated by the Allies,
were killed after a period of forced labor. At the conclusion of
their period of forced labor, most victims were stripped naked and
herded into large enclosures where they faced a painful death through
asphyxiation from poison gas. The bodies of the victims were, contrary
to Judaic law, cremated and reduced to ash in a mass collection
of superheated black industrial iron ovens located on the premises.
In disputed Soviet territory roaming Nazi SS and police killing
squads called Einsatzgruppen, summarily executed whole communities
of Jews. Approximately 25% of the Jews killed during the Holocaust
were actually executed by the Einsatzgruppen (Berenbaum, 1993, p.
95). Nearly all the Jews who failed to escape European countries
under Nazi domination during that period perished in concentration
camps. One third of the world's Jewish population and nearly all
of mainland European Jewry was obliterated (O'Brien & Palmer,1993,
pp. 68-9; Berenbaum, 1993, p. 95).
Notwithstanding wartime chaos and the Nazi's intentional attempt
to hide the nature and extent of their brutality, the Holocaust
is one of the most thoroughly documented events in human history.
After Hitler's initial proclamation in 1939 authorizing the extermination
of the disabled, explicit official documentation of extermination
was still extensive, but involved the use of code words (Berenbaum,1993,
p. 65). After the liberation of the concentration camps by the allies
various members of Congress, the military, survivors and the press
helped document the atrocities. The 1946 Nuremberg
Trials
presented exhaustive proof of the Nazi's extermination plan against
European Jewry. During the trial the defendants did not deny the
atrocities, but rather proffered that they were merely obeying commands.
Among the damning evidence was Rudolf Hoess' admission to English
interrogators on March 16, 1946 that he "personally arranged on
orders received from Himmler in May 1941, the gassing of two million
persons between June-July 1941 and the end of 1943, during which
time I was Commandant of Auschwitz" (Stern, 1993, p. 69).
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What is Holocaust Denial?
Holocaust denial is an extremist movement primarily promoted by
anti-Semites and Nazi sympathizers that tries to deny or minimize
the Historical fact of the European Holocaust. According to Cambridge
University Professor Robert Evans Holocaust deniers generally in
varying degrees subscribe to all or some of the following:
Jews were not killed in gas chambers or if they were, not on any
significant scale;
the Nazis did not have any policy or undertake any attempt to exterminate
European Jewry and that Jewish casualties were the result of unauthorized
low level conduct: the number of Jews murdered did not go into the
millions and the actual numbers were much lower; that the Holocaust
is largely or entirely a myth invented by wartime Allied propagandists
and sustained after the war by Jews to get money for Israel (Irving
v. Penguin and Lipstadt, 2000, �8.4)
According to Professor Deborah Lipstadt, a noted authority on denial:
"Modern Holocaust denial draws inspiration from a variety of sources.
Among them are a legitimate historical tradition that was highly
critical of government policies and believed that history was being
used to justify those policies; an age-old nexus of conspiratorial
scenarios that place a neat coherence on widely diverse developments;
and hyperbolic critiques of government policies which, despite an
initial connection to reality, became so extreme as to assume a
quality of fantasy" (Lipstadt, 1993, p. 31).
The leading academic group representing American history scholars,
the American Historical Association, without
dissent issued a declaration in 1991 holding, "No serious historian
questions that the Holocaust took place." The
organization further maintained in 1994 that the AHA "will not provide
a forum for views that are, at best, a form of
academic fraud" (ADL,1994, p. 8-9).
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What is genocide?
Genocide refers to the systematic and indiscriminate mass killing
of most or all of a whole people or a nation. More modern uses of
the term have encompassed less than total destruction of a people.
In addition to the Nazi perpetrated Holocaust, genocidal or attempted
genocidal killings have been perpetrated against the Armenians by
the Turks in 1918, various Native American peoples by Anglo and
Spanish European settlers to the Americas, West African tribes by
slave traders and Muslims in the Balkans. Politically motivated
mass killings, though not technically genocide, were also committed
over the last century by Uganda's Idi Amin in the 1970s, the Khmer
Rogue's Pol Pot in the 1970s as well as in the Stalinist Soviet
Union and Communist China.
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HateMonitor Associate
Editor Sam Cacas is a writer based in San Francisco, California
who has written extensively about civil rights issues, including
hate violence, hate speech, and hate crimes for the last 18 years.
He welcomes all questions/comments and can be reached at [email protected]
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