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| 5.8.23
BILL: Texas Shooting - Criminalize White Supremacist Hate Crimes? - Leading Against White Supremacy Act - H.R.61
Demand your reps take action on white supremacy
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 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
“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
(Photo Credit: Canva)
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You cannot really answer this question without understanding the definition and meaning of ‘white supremacy’ and how ‘White Supremacist’ organizations are formed to act upon those beliefs.
White Supremacy is, by definition, the assertion that anyone that is non-white is inherently inferior and should be subordinate to whites, and that our laws and governance need to be based entirely upon the needs and desires of the the white skinned ‘master race’.
‘White Supremacist’ groups have formed to weaponize their beliefs with the same kind of ‘religious’ fury that Iran adapts with their ‘Shia Supremacists’ - to violently force their will upon others with their mantra of superiority and willingness to foment and act with extreme violence.
The recent attacks on power substations has been advocated by White Supremacist groups as a way to initiate a cascading national power failure and cause a governmental collapse that they alone can overcome to restore ‘white’ established order - because they believe that they alone are superior, and that our governance will fail due to the inability of it’s ‘infection’ by non-white (and jewish) influence.
Hate crimes fomented by or enacted by White Supremacist groups are inherently much more dangerous than other hate crimes conducted by individuals, because they are part of a broader and very dangerous political ideology. These crimes are not only a threat to specific individuals, they are a threat to our country’s governance and the basic tenants of our legal system that purports to treat all people equally.
White Supremacist groups sponsor hate-based violence that is normalized and justified by their belief that their selected ‘others’ are simply not worthy. These crimes need special attention because they are representative of a dangerous political ideology.
I can't say it any better than Billy did. Any form of Hate vocalized should be a crime. No matter if it is against religion, color, ethnicity, gender, political beliefs, abortion, pro life, pro choice, etc. it is okay to have your opinion, but it should never harm or hinder anyone.
"Congress shall make no law...abridging the freedom of speech..." This bill does just that and is therefore unconstitutional.
The government cannot criminalize thoughts or ideas in a free society. We have many laws prohibiting discrimination in many forms.
HR 61: Leading Against White Supremacy Act of 2023 (118th Congress) is a continuation of HR 7955 Leading Against White Supremacy Act of 2022 (from the 117th Congress) criminalizing certain forms of hate speech, so that white supremacist online could be prosecuted for hate crimes even if they don't act on their threats, which previously had 8 cosponsors but never came up for a vote so resubmitted to the 118th Congress.
Critics like Boebert claim the it infringes on free speech, and removes the ability to “criticize”
In my opinion, based on the DOJ definition of hate crimes, this bill should also include other biases Ike all races, religions, national origins, sexual orientation, gender identity or disability.
“hate crimes laws…cover.. crimes committed on the basis of race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. The Department of Justice began prosecuting federal hate crimes cases after the enactment of the Civil Rights Act of 1968. “
https://www.justice.gov/hatecrimes/laws-and-policies
https://www.govtrack.us/congress/bills/117/hr7955
https://www.govtrack.us/congress/bills/118/hr61/details
https://www.dailymail.co.uk/news/article-11645375/amp/Democrat-introduces-bill-make-conspiracy-commit-white-supremacy-hate-crime-offense.html
"
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial speech such as advertising. Defamation that causes harm to reputation is a tort and also an exception to free speech.
Hate speech is not a general exception to First Amendment protection.[2][3][4][5][6] Per Wisconsin v. Mitchell, hate crime sentence enhancements do not violate First Amendment protections because they do not criminalize speech itself, but rather use speech as evidence of motivation, which is constitutionally permissible.[7]
Along with communicative restrictions, less protection is afforded to uninhibited speech when the government acts as subsidizer or speaker, is an employer, controls education, or regulates the mail, airwaves, legal bar, military, prisons, and immigration.
IncitementEdit
Main articles: Incitement, Sedition Act of 1918, Abrams v. United States, and Smith Act
The Supreme Court has held that "advocacy of the use of force" is unprotected when it is "directed to inciting or producing imminent lawless action" and is "likely to incite or produce such action".[8]"
Know what the Constitution protects & what it doesn't.
We should criminalize hate crimes against any individual.
while this is calling out one type of hate crime, it would be respectful to call out all hate crimes. This includes hate against Asians, whites, Jews, obese, anorexic, animals, sex, religion, pro choice or pro life, breathing or buried.
if every time someone says something hurtful the other is charged with a crime, we will all be videoing life and the only way not to be in trouble is to not speak or do anything. Twitter users, Facebook users and congress would be immediately jailed along with every president to have been elected. Don't you dare tell your partner they look fat or skinny because that is hateful.
It is not that I advocate hate from anyone, but we really need to have strict parameters applied equally across everyone to define the crime. If not, hate is subjective in many cases and this will be used as a weapon
White supremacy and Christian nationalism needs to be stopped
My wife and I are an ethnically mixed couple, and it is becoming more and more uncomfortable to visit venues such as shopping malls, movie theatres, and any activity that a large gathering at a public venue.
The FBI and DHS have affirmed that the greatest threat to Americans is terrorist actions perpetrated by White Supremacist and Neo-Fascist organizations. Currently, there is no designated status for Home Grown Terrorist Organizations. This failure of legislation is an impediment to law enforcement when it comes to taking preventative action against these Terrorist Organizations.
I am encouraging our Senators and Representative to submit legislation to designate known and self-proven Domestic Terrorist Organizations to be subject to the same level of law enforcement scrutiny as suspected foreign terrorists operating within the borders of the United States and all of the Unincorporated Protectorate countries.
Social media must also be held responsible when white supemicists post threats and then someone reports the hate-filled memes and the poster goes on and kills people. Social media MUST have sufficient employees to peruse and screen hate-filled messages and to report these to the proper authorities. Hate-filled people must be guarded and unable to obtain or use weapons.
There were 2 red flags in the Jacksonville hate shootings. A man was allowed to legally purchase guns who was already involved in a domestic incident and had been involuntarily placed in a mental institution for pychiatric evaluation. Red flags laws with srong enforcement could have prevented this.
Hate crimes have increased in this country, anad I find that sad! All it took was Trump to say after a demonstrator was run over in Charlottesville was that both sides were good. Since that day, people with hate in their hearts have been acting on it! We must increase the penalty for hate crimes, for that seems to be the only way this will stop! This world has enough problems to work on, so we don't want to spend time more time on Senseless hatae crimes! Instead of learning from our past mistakes, which is why we teach history, we just keep repeating them! As long as we continue to find reasons to be separate from another group of people, we won't learn! We forget that EVERY human was "made in G-d's image! We are all the same! Skin color is due to where your ancesters lived. The more sun, the darker the skin! I wish people would learn that if we left bias behind, and learned to work together, there isn't a problem we can't solve! If you're not getting the jobs you want, that's your problem, not caused by anyone else! Each of us is responsible for what we do, and how we act. No one else is the cause!
I ask Congress to do more to make acting on bias or hate a crime with stronger penalties!
The recent murders that have taken place in Florida clearly show that the heat field speech of people like Ron DeSantis give tacit approval to crazies to go out and kill people. I don't know where the Republican party went wrong but it definitely is wrong it's wrong for America it's wrong for democracy and it's wrong it's morals. Republican Party has become nothing short of disgusting.
No place for hate!
Any murder done in the name of white supremacy, religous ideaology or bigotry should be punishable as a hate crime and it's high time that we all did something about this!
We have had enough of gun violence and we have had enough of violence against people of color by white supremicists. We need to be rid of guns and we need to prosecute white supremicists as the terrorists that they are. Stop giving white people a break. White supremicists are violent criminals
We need more commonsense gun legislation along with more laws regarding hate crimes. Enough is enough.
I am all for a law that cracks down on hate speach and crimes that spew white supremacy rhetoric. However, i also see that this is a tough fight ahead. Two reasons stand out:
1) for prosecuting someone who has carried out an attack, in the majority of the situations, the shooter has already killed himself or been killed by police (suicide by police shooting). And, if stronger sentancing is in place, the percentage of the shooter dying would probably increase negating the punishment.
2) we need to put an end to the "recuitment" and hate messaging that is going on and has been going on for centuries. Social media has encouraged freaks to speak up because they don't have anyone in their face to confront. So, messaging is much more prevelant today. And, with guns easier to obtain, we are in a perfect storm. So, something has to be done to curtail. The majority of Americans can recognize hate speach or threats when they see them. However, put them thru a court of law and with attorneys who can put issues thru a pin hole and free speach will go to a dangerous level. As an example, look at Trump's "threat" to folks who might come after him. Most commons sense Americans understood what he was posting. But, when push comes to shove, he has a way out. So, while i am completely for this legilation, it will take our congresspeiople to step up and have the guts to say that free speach is part of our country, but hate speach is not. And that needs to be spelled out.
Enough is enough. This is beyond mental illness (although many of these people are weak followers in mind)... this is taught hate.
My congressman Pete Stauber just replied to my message on gun violence. He basically said that he wouldn't do anything because he liked guns more than American children and citizens. We need to vote out the Pete Stauber's
We are not born with hate, we are taught it.
It is time to bring these white domestic terrorists to heel. Any crime committed using a firearm should carry a minimum sentence of life in prison without the possibility of any early release.
White Supremecy can be conquered. It has to be dealt with eye for an eye justice. Death penalty for all in a planned murder and so on. That's also why I must mention our #2 enemy global warming who we are ignoring. We keep giving our more fuel like we surrendered to it. If we're all dying and the greedy politicians are getting paid to pass laws to make the rich richer and be our kings and queens, then we better hurry up and smash the corporate maggots that have fleeced our economy for their entertainment. #Justice
Domestic terrorism is a serious issue that has been fueled by extremism. The cockroaches no longer run when the light is turned on because "leaders" spread hate and make people feel empowered and justified to harm other groups.
To move toward a safer society there needs to be consequences for hate groups.
Over the years in America White Supremacy has increased greatly, from ideologies to actual crimes being taken place such as mass shootings. From my perspective most of the mass shootings have been about removing a certain race such as the buffalo mass shooter who I believe wanted or his purpose was to wipe out the black community. Hate speech should not be tolerated in America, it has no place for it here. All hate speech should be considered a crime.
Given our current and past racist behavior and attitudes, this is a no brained.
Please vote NO
You can't yell Fire in a theater nor should you be allowed to spread hate speech demonizing a particular group. They can both lead to violence or harm to others.