Most states now have "hate crime" statutes on the books. If, in the court's opinion, at least partial motivation for the crime was the perpetrator's hatred of the victim's race, creed, or sexual identity, extra punishment is meted out. Since there are no 'love crimes', what exactly are we punishing? Hate is an emotion. Prejudice is a way of thinking. We are punishing Thought Crime. That is wrong, and sets a dangerous precedent.
No one but an anarchist would disagree that societies have a right and obligation to: 1) often regulate the actions of its members, and ; 2) sometimes regulate their words. But should regulation of thought ever be permissible?
Regulation of Action Our society tells us how fast we may drive. We might quarrel over the ideal speed, but not the principle of a speed limit. Society tells us which dried leaves we may smoke or not. We debate both which leaves to ban, and the very principle of banning leaves at all. With the striking down of anti-sodomy laws, we finally agree that society has no business telling consenting adults what they may do with each other.
Regulation of Speech Two instances exist when this is acceptable: when the words constitute an obscenity, or a threat.
The rule for obscenity is simply what the "general consensus" in a given community finds unacceptable to say or depict. That's a pretty good rule, even if it is maddingly subjective, and prone to hijacking by a vocal minority. I personally have no qualms about wet-nursing in public, but find lip-piercings revolting. Until more folks feel as I do, the piercings stay visible, but the dugs must be covered. In my lifetime, "sucks" has gone from obscene to acceptable. "C*nt" was once perfectly fine, but general consensus now finds it obscene. If you think the one should be banned, or the other permitted, persuade the rest of us.
We all know it's a crime to actually hurt someone. It's also a crime to encourage others to do it, even as a vague wish. Claiming you speak in jest is not a defense. Following the botched assassination attempt on Reagan, a USPS employee faced charges for commenting at work, "I hope the next one has better aim." Dry wit indeed, but society must err on the side of caution in proscribing these kinds of public statements.
So suggesting a crime is itself a crime. But should thoughts and sentiments ever be crimes in and of themselves?
Regulation of Thought Every society harbors Dream Police who try to regulate what goes in inside our heads. "Think Crime" features prominently in the crushing mind-tyranny of Orwell's 1984, and in real-life dictatorships. Religions are traditionally tough on thought crime. Big Brother can merely spy on what you do and say; God has direct access to every sin you've ever imagined.
For the sake of argument, let's say I really, truly hate milkmen. Is that a crime? What if I want to beat them up for their milkiness, but don't - is that a crime? If not, why should my (hypothetical) hatred be an extra, separately punishable offense when I do (hypothetically) beat them up?
Separating the Crime from the Chaff If someone stands on the street with a placard reading "God Hates Fags", that's their rude opinion, and they're free to express it. Displaying a "Kill All Fags" sign is not OK. But is it inherently worse than a sign that reads "Kill All Milkmen"?
If I wear a T-shirt that says "Randi Rhodes is a F*cking Wh*re", that's my opinion, but it's also obscene, so I don't get to wear the shirt in public. If I wear a shirt that reads "Somebody Please Put Randi Rhodes Out of My Misery!", it's not obscene, might be considered a jest, but it's an exhortation to commit a crime nevertheless. "Randi Rhodes is a Broom-Riding W*tch” is acceptable.
We"d all like everyone else to think as we do. But we need to persuade, not force them. Opinions, sentiments & thoughts should never be treated as crimes.
I can't find any new info anywhere. Any one heard anything new?
One would think since the NYT sent people to interrogate the Wasalla librarian they might be interested in the murder of the gay choir director at Sen Obama's church of 20 years.
Some of you know I am learning classical guitar. It is slow and difficult. My next goal is this song.
