Criticizing the Police Shouldn’t Be a Hate Crime – The Atlantic
Posted By admin on July 28, 2021
Earlier this month, a California college student passing through Utah wanted to show contempt for a sheriffs deputy who stopped her friend, so she defiled a pro-police sign. The cop watched, then arrested her.
Now she has been charged with a hate crime and faces possible jail time under a bipartisan hate-crime law passed in 2019. The law allows prosecutors to seek harsher punishments for criminal offenses targeting people for any of more than a dozen reasons, such as the victims race, religion, gender identity, orfatefullystatus as a police officer. A law previously portrayed as a historic stand against intolerance is now being used to punish speech that state actors dislike.
Proponents of hate-crime legislation tend to assume that they will stigmatize or deter attacks on marginalized and vulnerable groups. But not all authorities with the power to enforce these laws share that vision. The Utah case is a stark reminder that laws intended to impede discrimination can be risky. They can enable government agents to subvert core civil-liberties protections by punishing or chilling speech that its armed enforcers dislike.
Listen: Who is protected by hate-crime laws?
Lauren Gibson, who is 19, did not plan to engage in any such speech when she and her friends, after a camping trip, headed back to California in a caravan of three vehicles. Along the way, one driver was pulled over for speeding by a Garfield County deputy.
Gibson told the Daily Beast that the cops attitude toward her friend was too aggressive. Wanting to stand up for her friend, Gibson retrieved a pro-police sign that said Back the Blue, stomped on it as the deputy watched, and threw it in the trash. She claims her group had found the sign on the side of the road and kept it. The deputy alleged that she had stolen the sign from a local display.
The Back the Blue sign was made here in Panguitch, Utah, and many are found in yards and businesses throughout Garfield County, Sheriff James D. Perkins said in a statement that went on to argue that his deputy was victimized:
Ms. Gibson caused a public disturbance and purposely targeted the officer in a very unpeaceful manner he was singled out and attacked because he was a law enforcement officer. We are greatly disturbed by the hatred shown to law enforcement officers for no apparent reason. We are hopeful that this county can mend and heal from the division.
Gibson was booked with criminal mischief and disorderly conduct. According to the local ABC affiliate, the arresting document stated that she was smirking in an intimidating manner and that due to the demeanor displayed by Gibson in attempts to intimidate law enforcement while destroying the sign, the charges are subject to a sentencing enhancementthat is, if convicted, she will be subject to a harsher punishment. Garfield Countys account raises obvious questions: While Gibson might have disrespected the sheriffs deputy unjustly, how feeble must a cop be to feel intimidated by a teenager smirking or stomping on a sign? Does the county really need to heal from the incident?
Indeed, its possible thatunless the sign was stolenno crime was committed at all. Even if Gibsons conduct was disorderly under the letter of the law, a prudent cop or prosecutor would de-escalate this case rather than spend taxpayer time and money on criminal charges. The case has all the hallmarks of a needless attempt to punish contempt of cop.
Two years ago, the Utah hate-crime law won widespread support despite its obvious potential for abuse. Comprehensive hate crimes legislation is essential to protecting the safety and well-being of all Utahns, the Anti-Defamation Leagues Jonathan A. Greenblatt argued in a statement prior to its passage. Hate crimes demand extra attention because of their impactthey not only hurt individual victims, but they also intimidate and isolate whole communities and weaken the bonds of our society. Around the same time, Utahs then governor, Republican Gary Herbert, called the law a message that every person, every individual in our society, is worthy of dignity, respect, and love. State Senator Derek Kitchen, a Democrat who is Utahs only openly gay legislator, declared, This bill comes at such an important time in our community. Everywhere we look we seem to be seeing more hate, more violence, more directed remarks.
The ACLU was a lonely voice of principled opposition. Our unvarnished view of the criminal justice system, the ACLU of Utah declared in a 2019 statement, cautions us against supporting lengthier prison or jail sentences to punish hate crimes. The statement went on to warn that the process of pursuing hate crime charges might ultimately damage free speech.
This was prescient. Hate-crime enhancements offer the state unusual opportunities for viewpoint discrimination because they transform speech that is constitutionally protected, like saying Fuck the police or making equivalent gestures, into an act that can effectively lengthen a jail sentence. What would otherwise be protected speech becomes the ostensible evidence that a perpetrator chose a victim out of hatred.
Avlana Eisenberg: Hate-crime laws dont work as their supporters intended
The threat to speech gets worse as the number of classes growsas it is likely to do. To oppose ever more inclusive hate-crime laws is to guarantee being accused of tolerating bigotry against whichever groups are left out of the statute. Whats more, some members of excluded groups will feel less valued than included groups. I dont think you should be destroying Blue Lives Matter signs. Thats dumb and thats hate-filled and dont do it, Utah Governor Spencer Cox said recently. I think, you know, that racist behavior may be a little worse, but I dont know why we have to put it on a scale and always weigh those things.
That no one ought to be targeted by criminals on the basis of any characteristic makes such moral calculations unnecessary. If assaults against Jewish people or trans women or Asian Americans sow fear in entire categories of people, isnt the same true if criminals assault people because they are socialists or police officers?
But expanding the breadth and bite of these laws imposes costs too often ignored by well-intended proponents. At Reason magazine, C. J. Ciaramella rounded up other cases of law enforcement using hate-crime enhancements to punish people for criticizing them. Including police as a protected class invites overzealous enforcement, simply because officers have so much discretion.
The Gibson case does not only show how these laws can go wrong, but also hints at a potential reform that could prevent some excesses. If hate crimes indeed intimidate and isolate whole communities, as the ADL argues, then prosecutors seeking to enhance a sentence on the basis of hate should have to show that some wider intimidation actually took place.
That would be easy enough if someone started burning crosses on lawns, assaulting men leaving a gay bar, or seeking out homes of police officers and scrawling death threats on their front doors. But prosecutors would have trouble persuading a jury that the sheriffs deputies of rural Utah were intimidated or isolated by a teenage road-tripper stomping on a sign.
View original post here:
Criticizing the Police Shouldn't Be a Hate Crime - The Atlantic
- ADL reports increase in hate and extremism in online games, gaming industry responds - FOX13 Memphis - January 12th, 2023
- Anti-Defamation League to Adidas: Sever ties with Ye's Yeezy - November 23rd, 2022
- Andrew Torba: Five Things to Know | ADL - November 23rd, 2022
- Kyrie Irving doesn't speak Tuesday amid social media post fallout - NBA.com - November 2nd, 2022
- ADL Audit Finds Antisemitic Incidents in United States Reached All-Time ... - October 25th, 2022
- Adidas facing pressure to cut ties with Ye over antisemitic comments - NPR - October 25th, 2022
- Stanford apologizes for admissions limits on Jewish students in the 1950s and pledges action on steps to enhance Jewish life on campus - Stanford... - October 12th, 2022
- Leadership Development: Overcoming the Myth of Separateness - Stanford Social Innovation Review - October 12th, 2022
- Coming up on Connections: Wednesday, October 12, 2022 - WXXI News - October 12th, 2022
- FROM THE ARCHIVE: Security has been on local Jews' minds for a long time J. - The Jewish News of Northern California - October 12th, 2022
- The Good Fight Forum on Confronting Antisemitism - jewishboston.com - October 10th, 2022
- Anti-Defamation League to Review Its K-12 Materials After Critical Race ... - October 4th, 2022
- The Oath Keepers' Capitol riot trial, explained - The San Diego Union-Tribune - October 4th, 2022
- Ahead Of Midterms, Feinstein, Murphy, Colleagues Introduce Legislation to Keep Voters and Election Workers Safe from Guns at Polls - Senator Dianne... - October 4th, 2022
- My side of the story: Thankful we are better than this - Wyoming Tribune - October 4th, 2022
- The 'OK' Hand Gesture Is Now Listed As A Symbol Of Hate : NPR - NPR.org - September 27th, 2022
- Virtual reality is educating new generations about the Holocaust - Connecticut Public - September 27th, 2022
- ADL and National Urban League Launch Community Solidarity & Safety Coalition - National Urban League - September 19th, 2022
- New COVID-19 vaccine will help reduce infection from specific variants - 90.5 WESA - September 19th, 2022
- Remarks by President Biden at the United We Stand Summit - The White House - September 19th, 2022
- Anti-Defamation League promotes author who compared Israeli policy to Nazi actions during the Holocaust - Fox News - September 19th, 2022
- A journalist's prescient take on rise of antisemitism in U.S. J. - The Jewish News of Northern California - September 19th, 2022
- Women Business Collaborative Announces the Appointment of Robin Schwartz as Senior Director of Development - PR Newswire - September 4th, 2022
- ADL urges Newsom to sign hate bill opposed by tech companies J. - The Jewish News of Northern California - September 4th, 2022
- Investigation underway after reports of antisemitic banners hung on bike overpass at UC Davis - KCRA Sacramento - August 30th, 2022
- Extremist hate group continues to deliver anti-Semitic flyers to American Jews - The New York State Senate - August 22nd, 2022
- What CNNs Dana Bash learned reporting on the rise in antisemitism - Forward - August 22nd, 2022
- OK symbol: "OK" hand gesture added to Anti-Defamation League's list of ... - August 16th, 2022
- Antisemitic Boston Mapping Project now hosted on ... - masslive - August 16th, 2022
- ADL event on CA hate bill affirms Hindu-Jewish solidarity on swastikas J. - The Jewish News of Northern California - August 16th, 2022
- Leaked audio sheds light on "election integrity" events tied to Trump, RNC - NPR - August 6th, 2022
- ADL: Twitter removes only 5% of reported antisemitic posts J. - The Jewish News of Northern California - August 6th, 2022
- Sherman & Owens Introduce Bipartisan Resolution Honoring Victims of the Munich Massacre - Congressman Brad Sherman - August 4th, 2022
- How Hitler's Favorite Passion Play Lost Its Anti-Semitism - The Atlantic - August 4th, 2022
- Anti-Defamation League Proposes 'Minecraft' Should Examine Viability Of Player Verification And Global Blocklists To Counter "Hate And... - August 4th, 2022
- Misogyny is fueling the countrys gun violence epidemic, experts say - Wisconsin Examiner - August 1st, 2022
- Dismantle the ADL: The Anti-Defamation League's record of racist counterinsurgency and espionage - Mondoweiss - August 1st, 2022
- ADL condemns NY Jewish progressive group as 'out of touch' - thejewishchronicle.net - August 1st, 2022
- ADL's Robert Trestan Reflects on Time in New England - jewishboston.com - August 1st, 2022
- Minecraft needs to invest in more hate moderation, ADL study finds - Input - August 1st, 2022
- There is a lot of antisemitic hate speech on social media and algorithms are partly to blame - The Conversation - July 27th, 2022
- Testing the Waters: The Cultural Politics of Normalization and the Impact of the Abraham Accords in the Gulf - Wilson Center - July 27th, 2022
- Parents on Edge Over Solana Beach Plan to Vet Donated Books with 'Debatable Topics' - Voice of San Diego - July 27th, 2022
- ADL Asks Iceland to Act on Pro-Palestine Mapping Website - NBC10 Boston - July 16th, 2022
- GOP candidate for Pa. governor Mastriano paid $5000 to the website used by the Tree of Life shooter - 90.5 WESA - July 16th, 2022
- INSTITUTE INDEX: How U.S. taxpayers subsidize the Oath Keepers - Facing South - July 16th, 2022
- Civil Rights and Youth Organizations Send Letters to Texas School Districts Urging Them to Ensure Dress Codes Are Not Discriminatory - NAACP Legal... - July 14th, 2022
- 'Credible threat' focused on Jewish community in San Antonio is lifted, suspect in custody - Texas Public Radio - July 10th, 2022
- Racist flyers in Connecticut are part of a rise in incidents of hate across New England - Connecticut Public - July 10th, 2022
- Okay Hand Gesture | ADL - Anti-Defamation League - June 26th, 2022
- Berkshire District Attorney's Office Honors This Year's Youth Advisory Board Members - Mass.gov - June 8th, 2022
- Racist and violent ideas jump from webs fringes to mainstream sites - Moneycontrol - June 2nd, 2022
- We must fight white supremacy with solidarity: Jews respond to the ADL's harmful campaign - Mondoweiss - June 2nd, 2022
- Modest Warming in U.S. Views on Israel and Palestinians - Pew Research Center - May 27th, 2022
- Anti-hate group speaks out against antisemitic incident in West Hollywood and Beverly Hills - Los Angeles Times - May 25th, 2022
- Hate crimes are on the rise. Here's what you can do to help prevent them - Colorado Public Radio - May 25th, 2022
- Vaccine scientist Hotez to give virtual talk sponsored by UB - UB Now: News and views for UB faculty and staff - University at Buffalo - May 25th, 2022
- SDCC cancels investiture of chancellor due to uproar over Alice Walker speech - The San Diego Union-Tribune - May 25th, 2022
- Weinberg Foundation to give $250K in grants to help Buffalo community after shooting - Maryland Daily Record - May 25th, 2022
- What is the 'great replacement theory' linked to the Buffalo shooter? - Austin American-Statesman - May 22nd, 2022
- Most Extremist Violence in the U.S. Comes From the Political Right - The New York Times - May 22nd, 2022
- Great Replacement Theory: What it means, where it came from - USA TODAY - May 22nd, 2022
- ADL addresses alleged anti-semitism during lacrosse game - News 5 Cleveland WEWS - May 22nd, 2022
- Increase in antisemitism from far right and radical left 'despicable': CEO of the Anti-Defamation League - Fox News - May 22nd, 2022
- Nicholas J. Fuentes: Five Things to Know | Anti-Defamation League - May 16th, 2022
- Is Anti-Zionism Anti-Semitism? - The New Yorker - May 16th, 2022
- The Buffalo supermarket massacre is the latest mass shooting authorities say was motivated by hate - WMTW Portland - May 16th, 2022
- Beverly Hills residents wake up to antisemitic fliers again. Police are investigating - Los Angeles Times - April 23rd, 2022
- The YouTube Rabbit Hole Is Nuanced - The New York Times - April 23rd, 2022
- Pennsylvania's 12th Congressional District: A guide to the 2022 primary and candidates - 90.5 WESA - April 23rd, 2022
- ADL task force calls on administration to keep IRGC on foreign terror list - Cleveland Jewish News - April 23rd, 2022
- Tune in Sunday to 'The ADL on the Front Lines' discussion - scarsdalenews.com - March 14th, 2022
- Poway Unified principal, vice principal and technology director are Administrators of the Year - The San Diego Union-Tribune - March 8th, 2022
- White supremacist propaganda is increasingly coordinated, the ADL says - NPR - March 5th, 2022
- Opinion: Distorting and omitting facts in the Israel-Palestine conflict benefits no one - The San Diego Union-Tribune - March 5th, 2022
- I'd never worn the Star of David. That changed in 2022 - WBUR - March 5th, 2022
- This Coloradan was a propagandist for the Oath Keepers. Now hes speaking out against the extremist militia tied to Jan. 6. - The Denver Post - March 5th, 2022
- Baker's move to sever Russian ties- POLITICO - POLITICO - March 5th, 2022
- The Happy Merchant | Anti-Defamation League - February 11th, 2022
- Whoopi Goldberg and the Anti-Defamation League both embrace critical race theory - Towanda Daily Review - February 11th, 2022
Comments