BILL: Texas Shooting - Criminalize White Supremacist Hate Crimes? - Leading Against White Supremacy Act - H.R.61

Updated on May 8, 2023

• Mauricio Garcia, a man with potential links to the far right, opened fire at a mall in Allen, Texas, outside of Dallas on Saturday, killing at least eight people and injuring seven. 
• Garcia wore a clothing patch with the letters "RWDS," which federal authorities say stands for "Right Wing Death Squad." The phrase is popular among right-wing extremists and white supremacists. 
• He used an AR-15-style rifle, which GOP House members have recently proposed designating as the National Rifle of America. The bill, introduced in February, wants to acknowledge the place of the AR-15 in American life and make it a national symbol.
• Biden called the tragedy "the latest act of gun violence to devastate our nation", and urged Congress to pass tougher gun laws.
• Texas's Republican Gov. Gregg Abbott is refusing to consider firearm bans, saying:

"People want a quick solution. The long term solution here is to address the mental health issue."

• This is not the first time Allen has been connected with a deadly hate crime. Patrick Wood Crusius, the man who killed 23 people during a rampage at an El Paso Walmart in 2019, lived in Allen at the time of the assault.
• Shortly before the shooting, he posted a racist manifesto online, citing the far-right "great replacement theory."

Updated on March 23, 2023

• An audit by the Anti-Defamation League shows that antisemitic discourse and incidents like assault reached record levels in 2022, up 36% from the year before.
• It is the third time in the last five years that the number of reported incidents was the highest on record since the ADL began tracking incidents in 1979.
• The ADL report describes 3,697 antisemitic incidents in 2022, with harassment rising by 29% and vandalism has increased by 51%.
• Their report shows that organized white supremacist groups were behind 852 of the incidents.
• Bomb threats against Jewish institutions increased from 8 incidents to 91.
• The five states that account for 54% of the total incidents include New York, California, New Jersey, Florida, and Texas.
• Some of these incidents can be linked to the "white replacement theory" that has been gaining mainstream traction.
• The ADL called the statistics:

“[A] grim reminder that anti-Semitism continues to infect our communities in real and pervasive ways.”

Updated on March 9, 2023

• A report published Wednesday by the Anti-Defamation League (ADL) shows that white supremacist propaganda reached an all-time high in 2022, demonstrating a trend toward extremism over the past few years.
• White supremacist propaganda nearly doubled from 2019 to 2020, increasing more than 120% from 2018 to 2019 and 38% in 2021.
• The ADL's Center on Extremism identified 6,751 cases of white supremacist groups distributing material that promoted supremacy and bigotry, such as banners, posters, leaflets, and stickers. Anti-semitic propaganda more than doubled over 2021.
• While there are over 50 groups that the ADL is monitoring, 93% of the propaganda distribution was spread by Patriot Front, Goyim Defense League, and White Lives Matter.
• The Patriot Front, which is most active in Massachusetts, Michigan, Pennsylvania, Texas, Virginia, and Utah, is a virulently fascist and racist group that calls for the creation of a white ethnostate. They were responsible for 80% of the propaganda distributed in 2022.
• ADL CEO Jonathan Greenblatt said of the report:

"There's no question that white supremacists and antisemites are trying to terrorize and harass Americans and have significantly stepped up their use of propaganda as a tactic to make their presence known in communities nationwide."

The Bill

H.R.61 - Leading Against White Supremacy Act of 2023

Bill Status

• Sponsored by Rep. Sheila Jackson Lee (D-Texas) on Jan. 9, 2023
• Referred to the House Committee on the Judiciary: Jan. 9, 2023
• House and Senate: Not yet voted
• President: Not yet signed

Bill Overview

• The bill would prosecute white supremacy-influenced hate crimes and conspiracy to commit these crimes.
• Amends Title 18, the federal criminal code, to expand the scope of hate crimes in light of a rise in violence associated with these groups, such as attacks on power stations.
• It also comes in light of the hate-fueled mass shooting that targeted Black Americans in Buffalo, N.Y. Months prior to the attack the shooter had published a manifesto online inspired by white supremacist rhetoric.

What's in the Bill?

Prosecutes white supremacist-inspired hate crimes

• The bill focuses exclusively on hate speech related to white supremacist rhetoric.

The bill would strengthen legal actions against individuals involved in promoting, publishing, and spreading white supremacy-related content 

• Makes it a federal crime to post something on social media that promotes hate and incites someone else to commit a crime. 
• People who perpetuate hate speech online could face criminal charges even if they don’t act on their threats.
• A hateful message could be prosecuted under the bill if it is posted on social media where it is likely to be viewed by those "predisposed to engaging in any action in furtherance of a white supremacy inspired hate crime."

A crime can be considered a conspiracy even if there is only one perpetrator

• For the conspiracy addition to be fulfilled, only one person needs to have actually been involved in the commission of the crime.
• It will be considered a conspiracy if another person published the material that incited the perpetrator to act.

The Justice Department would have enhanced authority to mitigate threats

• Focuses on a proactive Department that can investigate and intercede when appropriate to mitigate or prevent an action from culminating in violent activity.
• The Uniform Crime Reporting Program in the Department of Justice will log and maintain records of white supremacy-inspired hate crimes.

What Supporters are Saying

• Lee amends Section 4702 of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (18 U.S.C. 249 note) with:

“Mass shootings and other hate crimes motivated by white supremacy have been increasing in frequency and intensity. These heinous and virulent crimes are inspired by conspiracy theories, blatant bigotry, and mythical falsehoods such as “replacement theory”. All instances must be prevented and severe criminal penalties must be applied to their perpetrators.”

• The Center for American Progress has argued that the rise in violent right-wing propaganda is the source of most of the domestic terrorism currently facing the country. This bill would target the hate at the source. 

What Opponents are Saying

• Critics of the bill believe it is a violation of First Amendment free speech rights.
• George Washington University Law Professor Jonathan Turley has been an outspoken critic and believes the bill represents a culture-wide "erosion of free speech values".
• Turley said in a blog post,

"This is so flagrantly unconstitutional on so many levels from free speech to vagueness that it is actually impressive." 

• Critics think it is unlikely Jackson Lee’s legislation will pass in the Republican-controlled chamber.

Demand your reps take action and commit to reducing white supremacist hate.

—Emma Kansiz

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