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Originally posted by jfj123
Again, this bill has nothing to do with reducing free speech.
You can mock all day every day.
What you can't do is assault a gay person because it won't just be assault anymore, it will also be a hate crime.
This just includes a new class of people in the hate crime legislation.
Originally posted by george_gaz
Originally posted by jfj123
Again, this bill has nothing to do with reducing free speech.
You can mock all day every day.
What you can't do is assault a gay person because it won't just be assault anymore, it will also be a hate crime.
This just includes a new class of people in the hate crime legislation.
Surely, controlling the punishment on what I can say by law is an infringement on my free speech?
Titled the Matthew Shepard Act (formerly know as the Local Law Enforcement Hate Crimes Prevention Act of 2007), this bill is an appropriate and measured response to the unrelenting and under-addressed problem of violent hate crimes committed against individuals based on actual or perceived sexual orientation, gender, gender identity and disability.
The Matthew Shepard Act would strengthen existing federal hate crime laws in three ways:
1) Expand the law to authorize the Department of Justice to investigate and prosecute certain bias-motivated crimes based on the victim's actual or perceived sexual orientation, gender, gender identity, or disability. Current law only includes race, color, religion or national origin.
2) Eliminate a serious limitation on federal involvment under existing law which requires that a victim of a bias-motivated crime was attacked because he/she was engaged in a specified federally-protected activity such as voting, serving on a jury or attending school.
3) Add "gender" and "gender identity" to the Hate Crimes Statistics Act
So I cannot assault a gay man by saying "Dude, your sense of fashion blows! Loser! I will smack some fashion sense into you."
Now I am not assaulting his sexual orientation, just his fashion because he happened to be wearing a ridiculous outfit. So that is now a hate crime?
No matter which way this is looked at, it is a farse.
"Dude! You are obese you fat [SNIP] and have eaten all the pies in the canteen. I will smack you for that."
Originally posted by SemperParatusRJCC
I agree, In no way shape or form does it mention religion or obstruction of Freedom of speech. for you way to go
Originally posted by skeptic1
I am all for free speech, but not for hate speech.
Originally posted by jfj123
Obviously this persons goal was to inflame people against this bill that would offer additional protection to gay people and other classes.
Originally posted by jfj123
So I cannot assault a gay man by saying "Dude, your sense of fashion blows! Loser! I will smack some fashion sense into you."
Now I am not assaulting his sexual orientation, just his fashion because he happened to be wearing a ridiculous outfit. So that is now a hate crime?
If you just say it to him, NO, no crime has been committed.
Originally posted by ngchunter
Originally posted by jfj123
Obviously this persons goal was to inflame people against this bill that would offer additional protection to gay people and other classes.
How is that even constitutional to begin with, regardless of what the ultimate ramifications are? I thought the hip thing was to stretch the EQUAL protection clause to mean as many things as possible.
Originally posted by george_gaz
Originally posted by jfj123
So I cannot assault a gay man by saying "Dude, your sense of fashion blows! Loser! I will smack some fashion sense into you."
Now I am not assaulting his sexual orientation, just his fashion because he happened to be wearing a ridiculous outfit. So that is now a hate crime?
If you just say it to him, NO, no crime has been committed.
Actually, assault has been committed. I threatened him with physical violence. That is assault but under this law it is a hate crime.
Edit:fix quote
[edit on 7-4-2009 by george_gaz]
American common law has defined assault as an attempt to commit a battery.
Assault is typically treated as a misdemeanor and not as a felony (unless it involves a law enforcement officer). The more serious crime of aggravated assault is treated as a felony.
Four elements were required at common law:
1. The apparent, present ability to carry out;
2. An unlawful attempt;
3. To commit a violent injury;
4. Upon another.
Simple assault can be distinguished without the intent of injury upon another person. Simple assault can consist simply of the violation of one's personal space or touching in a way the victim deemed inappropriate. (i.e. one's personal space consists of arm's reach.)
As the criminal law evolved, element one was weakened in most jurisdictions so that a reasonable fear of bodily injury would suffice. These four elements were eventually codified in most states.
Modern American statutes define assault as:
1. an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another; or,
2. negligently causing bodily injury to another with a deadly weapon.
Originally posted by jfj123
In my opinion hate crimes are irrelevant as most crimes are hate related.
In this particular case, the bill EXPANDS existing hate crime statutes to include other classes and not just religion, ethnic background, etc..
I'm not sure I understand why you have a problem with this??
Originally posted by ngchunter
Originally posted by skeptic1
I am all for free speech, but not for hate speech.
Then you are not for free speech. It's easy to defend speech you at least perceive as "nice." It takes integrity to defend speech you vehemently disagree with because it's the right thing to do, not because you support it.
Originally posted by ngchunter
Originally posted by jfj123
In my opinion hate crimes are irrelevant as most crimes are hate related.
In this particular case, the bill EXPANDS existing hate crime statutes to include other classes and not just religion, ethnic background, etc..
I'm not sure I understand why you have a problem with this??
I have a problem with the very concept of protected classes in general. The whole point of the equal protection clause is that no one should receive extra protection under the law, but that's exactly what this bill (and its predecessor) is designed to do. Like you said, most crimes are full of "hate" anyway, so why should some "hate crimes" against specific groups be more punishable than others? If I attack someone because I hate the big honkin' hummer they drive (eco-terror?) then I haven't committed a hate crime against a "protected class" and I'm guilty on fewer charges than someone who attacks a someone in a "protected class," even if the extent of the actual damage and method of attack are in all other ways identical.
[edit on 7-4-2009 by ngchunter]
Originally posted by skeptic1
I don't support hate speech, but as long it is free, I will fight for it, too.
Originally posted by jfj123
Originally posted by SemperParatusRJCC
I agree, In no way shape or form does it mention religion or obstruction of Freedom of speech. for you way to go
I really don't understand why the religious REICH can't just abide by their own beliefs
"Judge not others lest ye be judged"
Yet the person who opened this thread has taken the opportunity to misrepresent the bill in question to further their own HATE agenda. Obviously this persons goal was to inflame people against this bill that would offer additional protection to gay people and other classes. Since that is the bills only goal and the OP knows that, they must be trying to suppress this bill ONLY because they hate those classes of people.
Originally posted by jfj123
Simply insulting someone is not assault. If that were the case, everyone would be in jail.
Originally posted by skeptic1
Originally posted by ngchunter
Originally posted by skeptic1
I am all for free speech, but not for hate speech.
Then you are not for free speech. It's easy to defend speech you at least perceive as "nice." It takes integrity to defend speech you vehemently disagree with because it's the right thing to do, not because you support it.
I support free speech and I will fight for it.
I don't support hate speech, but as long it is free, I will fight for it, too.
Hate speech adds nothing to society. It drives people apart, and does nothing to bring them together. But, it is still covered under free speech. So, I will fight for it even though I see no use in it.
Originally posted by george_gaz
Originally posted by jfj123
Simply insulting someone is not assault. If that were the case, everyone would be in jail.
Ahh, when I was a wee lad and studying law threatening behaviour and the threat of violence does constitute as assault.
Threatening Behaviour is classed as assault
Not the best source but I don't have my text books anymore but if a lawyer says it then it has gotta be right
Some states also define assault as an attempt to menace (or actual menacing) by placing another person in fear of imminent serious bodily injury.
States vary whether it is possible to commit an "attempted assault" since it can be considered a double inchoate offense.
Originally posted by JensLekman
Originally posted by skeptic1
Originally posted by ngchunter
Originally posted by skeptic1
I am all for free speech, but not for hate speech.
Then you are not for free speech. It's easy to defend speech you at least perceive as "nice." It takes integrity to defend speech you vehemently disagree with because it's the right thing to do, not because you support it.
I support free speech and I will fight for it.
I don't support hate speech, but as long it is free, I will fight for it, too.
Hate speech adds nothing to society. It drives people apart, and does nothing to bring them together. But, it is still covered under free speech. So, I will fight for it even though I see no use in it.
What are you defining hate as? To say it adds nothing is a bit of a misnomer when, although it may be crude in its delivery, there may be a legitimate reason behind it.
If a white person were to say they are afraid of black people because they are disproportionately victimized by them, which is an indisputable fact, is that hateful? At what point are statistical facts considered hate? If that fear makes them not want to be around them, is that unreasonable? I don't know, and either do you. We can't just assign values to people and then berate them when they don't live up to them, which is what I believe you're proposing we do.