Free speech can get ugly.
Free-speaking Americans can, and often do, say things about one another that are downright awful. Things that are bigoted and hateful. Things that make us angry. Things that hurt.
Thus come concerns about legislation recently passed by the U.S. House and awaiting action in the Senate, the Hate Crimes Prevention Act of 2007.
The act would increase penalties for attacks motivated by “prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability of the victim.”
Federal prosecution could occur in states that do not have hate crime laws, or if state attorneys general did not prosecute such crimes.
The fear is that this legislation might also be used to clamp down, or even prosecute, those who speak out against lifestyles or religions they find abhorrent. While the act prohibits only violent acts, not speech, it is possible that hateful speech could be used as evidence that a crime was motivated - or incited - by bigotry or bias, thus triggering the enhanced penalties.
Let us be clear. We would never condone violence. All those who attack, injure or kill another human being should be punished with the full force of law.
No matter the motivation, violence cannot and should not be tolerated.
But is an assault more heinous because the victim was attacked because of their religion or sexuality? And should the prosecution be more vigorous?
We think not. All people of this country should receive equal protection under the law - equally swift and forceful.
“We simply cannot accept violence that is motivated by bias and hate,” Sen. Gordon Smith, R-Ore., said in introducing the Senate version of the hate crimes bill.
We agree. Nor should we accept violence that is motivated by greed or jealousy or rage or mental illness.
We also should not accept any attempt to stifle free speech. And Smith's legislation could lay the foundation for making so-called “hate speech” a crime. And that we must resist. However ugly the words.
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