Would Anti-Hate Laws Make You a Lawbreaker?
By Rev. Theodore Winston Pike
Ominous legislation now before Congress contains a
hidden agenda that could make criminals of Christians.
In 1988 an evangelical pastor in Sweden opened his
Bible to the story of Sodom and Gomorrah. He informed
his congregation (which included homosexuals) that God
is still angry at sexual perversion and will judge those
who practice it.
Several months later, this pastor was serving a four-week
sentence in jail. He had violated Swedens Anti-Hate
statute, a law that protects groups such as homosexuals
from verbal violence" public statements
which might cause them embarrassment because of their
sexual orientation.
It is well known that socialist Sweden is the trendsetter
in human engineering. What happens there will probably
be taken for granted through much of the world 10 or
15 years later.
But laws in America banning criticism of others? It
cant happen, most will reply. Not
with free speech guaranteed by the Constitution!
But it can. A hidden agenda toward ultimately restraining
free speech surfaced among bills introduced this year
in Congress. Hate Crime legislation was
proposed as a first step toward banishing prejudice
in America. This bill, deceptively titled "The
Local Law Enforcement Enhancement Act of 2001"
passed the Senate, but was voted down in the House.
Had it passed, it could have laid the foundation for
an Anti-Hate bureaucracy identical to Swedensa
bureaucracy which would redefine prejudice
so as to make the Christian a lawbreaker. Heres
how our free speech is coming under attack:
History of Anti-Hate Legislation
Let's briefly review how today's anti-hate legislation,
currently before Congress, came into being.
During 1988, the predominant architect of Anti-Hate
legislation, the Jewish Anti-Defamation League of Bnai
Brith, helped sponsor a nationwide, law-student
competition to write a model Anti-Hate law
for America. This law would criminalize not just physical
acts of racial violence but statements that might lead
to violence.
On April 20-22, the ADL helped sponsor a conference
at New Yorks prestigious Hofstra University entitled
Group Defamation and Freedom of Speech: The Relationship
Between Language and Violence. Rep. John Conyers,
Jr. (D-Mich), also a pioneer of the hate crimes legislation
now before Congress, was the keynote speaker. The winner
of the hate crimes competition was announced as Joseph
Ribakoff, a law student from Whittier College in California.
In his prize-winning proposal, Ribakoff asserted that
with the upsurge of Hate Crimes in America,
it will no longer suffice for the government merely
to outlaw acts of physical violence; it must ban those
forms of verbal communication which cause hatred, suspicion,
and possible violence against groups of people. Ribakoff
recommends that federal and state censorship boards
be established to review all films and videotapes before
they are shown publicly, determining if they contain
statements which might stimulate hatred or contempt
for some group of people. If so, an immediate court
order would ban the film in America. Ribakoff: Any
person, persons, or organizations which publicly shows
a film or movie before it has been submitted and reviewed
by the agency shall have committed a misdemeanor.
Further, if anyone is a member of an organization that
has publicly shown such a film and intends to remain
a member, supportive of its goals, he also will have
committed a misdemeanor.
Ribakoffs prize-winning Group Libel Statute
was not limited to verbal criticism of Blacks, Jews,
Hispanics, etc., but would indict anyone who criticized
homosexuals as a group, causing mental anguish
to members of that minority.
Anti-Hate Bureaucracy
Although the participants in the Hofstra Conference
were divided concerning the feasibility of such blatant
censorship, the ADL remains determined that some kind
of anti-hate legislation become laweven if it
is only rudimentary. Thus, the ADL helped to create
the "Hate Crimes Statistics Act."1 Here are
the specifics as it was submitted to Congress in 1990.
The Hate Crimes Statistics Act requires
states to determine if crimes committed under their
jurisdiction were motivated by prejudice. These include
serious crimes, but also such relatively minor offenses
as vandalism, trespass and threat. States
are required to relay such information to a federal
anti-hate data bank, then to be shared with law enforcement
officials throughout the nation.
Thus, if a homosexual is the victim of an offense as
minor as vandalism, trespass or threat,
states are forced to determine if the offense were motivated
by prejudicea tedious task. If so, details of
the homosexuals case are to be forwarded to the
federal government. If the person or group who committed
the crime had not yet been found, the governments
policy of sharing information concerning the case with
state and local agencies might help to apprehend such
persons.2 Thus the long arm of the federal government
could come to the aid of a homosexual victim in a way
that would be out of the question for victims of crimes
not motivated by prejudice.
A second bill establishes a Commission on Racially
Motivated Violence, a blue-ribbon panel of 12
members which would receive statistics from the states,
define what constitutes violence and prejudice,
and report their findings to the President. This panel
would dramatize on a national level the problem of violence
against gays and other minorities.
Only The Beginning
The ADL-assisted "Hate Crimes Statistics Act of
1990" was passed by Congress soon after the Hofstra
conference. Law enforcement nationwide is now required
to report incidents of "hate crimes" for federal
review.
Yet, the ADL wants the Justice department to do more
than simply record data, it wants federal prosecution
of those who "hate." Until now this was not
fully possible because the federal government lacks
authority to intervene in law enforcement within the
states (except for interstate crimes, voting fraud,
etc.)
The "Local Law Enforcement Enhancement Act of
2000" attempted to vastly increase the government's
right to investigate and prosecute "hate crimes"
everywhere. Senator Gordon Smith (R-OR), a co-sponsor,
with Sen. Edward Kennedy, of this bill, told me in a
letter that this legislation "extends the authority
of federal prosecution to crimes based on gender, sexual
orientation, and disability."
Clearly, this bill would have been a stepping stone
toward an anti-hate bureaucracy where Christian teachings
which condemn sodomy will be considered "hateful,"
and "inciting to violence," and thus illegal.
While posing as the arch-defender of free speech, the
ADL has a proven record of subtly working to limit it.
Ultimately, the ADL may pressure the Commission
on Racially Motivated Violence to extend the term
Hate Crime to include hurtful words
against a minority. Anyone who heckled a marcher in
a Gay Pride parade would then have committed
a criminal act. Anyone who caused intense anguish
to Jews by accusing their forefathers of the crucifixion
of God could be indicted. Ultimately, even pastors
who heaped guilt and shame upon "sinners"
could be open to the charge of "hurtful words."
Few Americans realize that already in such countries
as Sweden, West Germany, Britain, Israel, and Canada,
laws banning hurtful words against groups
of people are already on the books. The Canadian ADL
lobbied tirelessly for group libel legislation
for many years. Finally, over a decade ago, the Canadian
Prime Minister signed an executive order banning all
written or broadcast statements that cause "embarrassment"
to an identifiable group. Under this new law, Canadian
evangelical Christians, such as James Keegstra and Malcolm
Ross, have been indicted and prosecuted because of complaints
that they have caused mental anguish to
Jews by questioning whether a full six million Jews
died in the holocaust. Ross writes that
if the Crowns case against him is upheld, such
group libel laws ... will supersede
all other law, and any complaint, regardless of how
vague, as long as it is couched in terms of discrimination
or racism, will set the human rights commission
machinery into motion.
Under such laws, Dr. Paul Cameron, nationally recognized
opponent of gay rights, made arrangements for a public
lecture in Canada in which the homosexual lifestyle
would be criticized. When he arrived at the border,
the cases of books and literature he brought with him
were impounded. He was told that in Canada it is against
the law to humiliate homosexuals publicly.
Focus on Hate
As anti-hate legislation is introduced,
and reintroduced, into Congress, the media are focusing
as never before on the problem of racial violence, holding
up the Aryan Nations, the Klan, and the Skinheads, as
examples of what society should outlaw. Yet it is you
and I, thinking Christians of a conservative bent of
mind, who are in danger of being silenced
While gays, communists, abortionists, radical feminists,
etc. are not seen as those who hate, every
kind of right winger from Jerry Falwell
to The Order is increasingly, perceived
as a source of hurtful words. In fact, Christianity
itself is coming under scrutiny. A widely distributed
book called Armed and Dangerous: The Rise of the
Survivalist Right by James Coates3 accuses fundamentalist
Christianity of providing an unwholesome seedbed out
of which intolerance emerges. This reflects the common
Jewish belief that Christianity, by its charge that
the Jews and their leaders were behind the crucifixion
of Christ, has caused more mental anguish
to the Jews than anything else in the history of the
world. Although an extremist in Israeli politics, Rabbi
Meir Kahanes view of Christianity was similar
to Coates:
"I have not the slightest sympathy for Christianity
or Jesus. As a believing Jew, not only is Jesus not
God but also he is neither Messiah nor prophet.
For the Jew he was a blasphemer, one who attacked the
Torah as unchanging divine law and who was a false prophet
and heretic.
As for Christianity, this is the faith that,
in the name of Jesus, has made life for the Jewish people
a living hell for 19 centuries. In its name, and in
the name of Jesus, millions of Jews were massacred and
the agony of life under Christians can never be sufficiently
described in all its horror.4
Coates maintains that a literal interpretation of the
criticism of New Testament pits the fundamentalist Christian
against the Jew. Thus, there is no real substance to
the claim of televangelists such as Robertson and Falwell
that the church wants to bless Israel. Coates:
The resulting Pro-Semitism voiced
by so much of the liberal right is not much more comforting
than the Anti-Semitism spewing from the mouths of the
survivalist right
Rabbi Alexander Schindler, president
of the Union of American Hebrew Congregations, told
an audience in San Francisco in late 1980 that it was
no coincidence that the rise of right-wing Christian
fundamentalism has been accompanied by the most serious
outbreak of Anti-Semitism in America since the outbreak
of World War II.5
At this stage in time, the Jewish ADL tells us we need
anti-hate laws to protect the Blacks from whites, the
gays from straights, the Jews from Nazis. Many fear
that what they really want is a law that will silence
forever the historic Christian claim that Jews were
behind the crucifixion of Christ, and that Jews must
now accept him as Savior to escape damnation (Acts 2:23,
36, 3:13-15, 4:10). Once broad anti-hate legislation
is in place, forbidding criticism of identifiable
groups, it will be a small matter to convince
humanity (and Congress) that this ultimate group
libel should be forbidden. The New Testament,
the authority behind that charge, would of course also
be censored.
Who is Prejudiced?
A major reason why this legislation is so dangerous
is that prejudice, the condition it claims
to oppose, is extremely ambiguous. For example, a minister
would not think it a form of prejudice to warn a homosexual
from his deviant, soul-damning lifestyle. Yet gay rights
groups and the ADL would.
Whose definition of prejudice would the government
follow if these bills became law?
The testimony of the ADL before Congress makes it clear
that the ADL is pushing hard for national acceptance
of its definitions The ADL would prefer that:
Federal definitions of prejudice should
be modeled after the point of view of the ADL
Law enforcement personnel should defer to ADL definitions
of prejudice when filling out reports on criminal investigations
Law enforcement personnel should submit themselves
to ADL-led sensitivity training, making them compliant
with ADL definitions prejudice
Investigating officers should be allowed to determine
before trial if the accused is motivated by prejudice.
(This would set up the local police, assisted by ADL
guidelines, as a sort of preliminary jury, opining on
matters usually relegated to the psychologist. This
power over the accused is very ominous because...
If prejudice is determined, the crime should be considered
much more serious, with a stiffer sentence.
Hidden Motives
Clearly, this legislation is an opportunity for the
ADL to intimidate and manipulate Americans. As stated
earlier the ADL exerted relentless pressure upon the
Canadian government to ban group defamation.
They succeeded. Now it is illegal in Canada to rebuke
homosexuality publicly, or even to publicly state that
gays have a higher rate of AIDS than anyone else. In
America, the ADL is working even harder. Their initial
intention is not to ban free speech entirely, but to
convince us that certain forms of speech can be outlawed
without doing violence to freedom of expression in general.
Incredibly, despite its Orwellian overtones, this legislation
has encountered little significant opposition. Few recognize
it as the foundation upon which a system of police state
spying and censorship can be built.
Although the "Local Law Enforcement Act of 2000"
was voted down, the ADL will introduce a similar bill,
with a different title, in the next session of Congress.
Now is the time to protest. Inform your senators and
congressmen that existing laws adequately criminalize
all forms of slander and violence. Not only would anti-hate
legislation be costly (up to ten million annually) but,
if ADL requests are followed, it would allow Big
Brother to probe the motivational
mindset of Americans unconvicted of crimes a
very dangerous, and far reaching precedent.
Footnotes:
I. Legal counsel for the House Subcommittee on Criminal
Justice (Conyers committee) told me that the ADL
had been extremely helpful in the creation of The Hate
Crimes Statistics Act.
2. Rep. John Conyers, Jr. (author of the Hate Crimes
Statistics Act) in testimony before the Senate Subcommittee
on the Constitution, June 21, 1988 said that the Hate
Crimes Statistics Act. . can lead to increased
interagency sharing of intelligence information on the
criminal activities of hate groups.
3. Coates, James. Armed and Dangerous: The Rise of
the Survivalist Right, Hill and Wang, New York, 1987.
4. Rabbi Meir Kahane, The Jewish Press, New York, Jan.
6, 1989, pp. 49, 54.
5. Coates, p. 257.
6. Statement of Anti-Defamation League of Bnai
Brith on 5 797, S 702, and 5 2000, before the
Committee on the Judiciary Subcommittee on the Constitution,
United States Senate, June 21, 1988.
WHAT YOU CAN DO
Far too many people have pulled out of the system saying
that it is thoroughly corrupt. That may be true; but
by giving up, you have left the entire system in the
hands of those who would deprive us of our rights.
Take the time to make a few simple telephone calls
to your elected officials to let them know that you
want them to vote NO to this attack on our freedom.
We need your help now!
Contact your member of Congress now. First, you need
to find out who your US Representative and Senators
are for your area. Members of Congress only listen to
comments from constituents from their district.
If you have never contacted your elected officials
before, EURO offers an excellent guide called, "How
to contact your elected officials". This guide
explains how to call, write or visit your elected officials
and explains the legislative process.
You can find your members of Congress by simply calling
the Capitol's main telephone number 202-224-3121
and giving them your zip code. They will tell you who
are your Representative and Senators. You can also find
this information online at: http://capwiz.com/yo-demo/home/
BEFORE YOU CALL
Here are a few tips on contacting your elected officials.
1. When you call your Congressman you will get an aide,
not your official. These aides are there to take your
call. Many of them will not agree with you, so do not
make them your enemy. They are there to pass on a simple
message for you.
2. Always be polite and to the point. Do not ramble
on. Keep your comments simple.
3. Do not forget to give your name and address. This
will prove that you are a real constituent.
Here is an example:
"Hi, my name is ________ and I am a constituent.
I would like to leave a message for (Senator or Representative)
_______. I want him/her to vote NO to S625 (HR1343).
I strongly believe that this bill will criminalize politically
incorrect speech and selectively target European-Americans.
Again, my name is _______ and my address is ______________
and I want (Senator or Representative)_______ to vote
NO to S625 (HR1343). Thank you."
How
to contact your elected officials
Find
your members of Congress online
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