[freespirit]

On several occasions, Lionel has spoken against the concept of "hate crime" laws, saying that he considers them "unconstitutional." I'm a little surprised at this "attorney's" opinion on this, and with his understanding of what a "hate crime" is. I wonder if you think he's right?

I believe, rather strongly, that hate crimes are basically just another manifestation of terrorism. They have two goals: Not only do they seek to harm specific targets of people and/or property, they are also "message crimes"...they seek "to send a message" of fear and intimidation out to a much larger group or class of people. In that respect, they are akin to the tactics and behavior of gang warfare and other "organized crime."

Please understand that I'm not talking here about "hate speech" but about "hate crimes"...about actions. The argument that these particular "message-sending crimes" do not need, or constitutionally allow, any special legal response is, to me, merely a suggestion that some terrorism is OK, while other terrorism is not--and I just don't believe that. I truly believe that the "second objective"--the "message-sending" one--needs to be countered with a far different kind of message--one that states clearly and emphatically that a "free society" is not (and can never be) about the rule of fear and intimidation, and that such behavior is thoroughly unacceptable. I believe that it is entirely "constitutional" to pass laws to send that message. At least that's my opinion.

Ron

[chris in sacto]

I agree with you and just because someone says they're an attorney doesn't mean they have common sense or any sense at all. I never listen to Lionel.

[dermo]

Congress uses a broad reading of the 13th amendment to enact hate crime leglislation. The 13th empowers congress to abolish all incidents, badges, and relics of slavery. Congress’ authority to abolish the badges and incidents of slavery extends
‘‘to legislat[ion] in regard to ‘every race and individual.’ ’’
McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273, 288 n.18
(1976)

The State's interest in deterring violent crimes surely outweighs any infringement of rights.