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Speaker 1: I want to welcome everyone back to part two of

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my reading of Larry Wilcox's Crime Wolf Hate Crime Hoaxes

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in America. Just remind you Thomas and I do. We

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watch movies and comments on them and talk about the

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culture of the time how it relates to our culture now.

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And the last one we did was The Warriors from

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nineteen seventy nine. Real cult classic, but an awesome movie.

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You can find those at you can find links to

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where they are at freemambyond Thewall dot Com Forward slash Movies.

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All right, let's get into this. The wrap up on

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chapter one is going to be very fast, and then

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we'll jump into chapter two. And I think chapter two

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is rather short, So yeah, let's see how far we

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get new heading hate groups in America. In nineteen eighty,

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the US Commission on Civil Rights contract did with the

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Anti Defamation Lead to produce a report on extreme right

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hate groups for a twenty thousand dollars fee. The ADL

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hardly needed the fee, but was thrilled at having the

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implied endorsement of a government agency for one of its reports.

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This did not work out so well, however, Last time

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I told you about the ADL's budget, and I think

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it was say it was something like sixty million back then.

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They claim now it's one hundred and one million. No,

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it was thirty four million then they claim it was.

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They claim now it's one hundred and one million. They

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had they claimed four hundred employees back then, they claimed

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five hundred and one employees now, So it doesn't look

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like it's grown massively, especially when you consider inflation and

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things like that. But power wise, I think, yeah, you'd

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have to admit that's a different story. After the report

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was published, a Commission reject identity cline to publish it

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on several grounds. A letter dated March eighth, nineteen eighty two,

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from Paul Alexander, acting General Counsel of the Commission, to

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John Hope, the third Acting Staff Director, gave the following reasons, quoting,

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I would like to raise several policy considerations. The ADL

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report does not in any way resemble a standard USCCR report.

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It is not a dispassionate attempt to present a balanced

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accounting of facts. The Commission previously has had no difficulty

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in publishing reports containing defamatory information when it was verifiable

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and necessary to the report. Our Voting Rights Report is

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the most recent example. In that report, however, we did

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not find it necessary to mix epithets and emotionally laiden

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labels with the facts. The ADL report is ranked with

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epithets and labels that only serve to distort the factual

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accountings of the activities of the KKK and similar organizations.

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The liberal use of hyperbolic epithets throughout the the ADL

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drafts that's a tone that probably precludes correction and through

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simple adjectival laundering. The alleged inaccuracies and misrepresentations noted by

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the respondents present very serious problems if they are at

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all representative. The report probably contains many inaccuracies. It is

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doubtful that the report could survive the normal process of

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a source check, as there does not appear to be

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sufficient date data to support the allegations. Alexander further noted

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that the ADL reported report bordered on jingoism. Although the

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USCCR wisely declined to lend its name to the report,

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the ADL published in any way with epithets, emotionally laiden labels,

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and jingoism intact. Like all ADL publications on the People

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and groups that it hates. Its tone is one that

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encourages contempt for the civil liberties of its subjects and

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treats them in a dehumanizing matter, behavior as the ADL

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purports to oppose. The report has now appeared in several

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editions and is widely circulated to journalists and police departments

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accuse others of what they do always always been the

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remo hate group membership new heading. If determining the extent

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of anti Semitism, racism, or hate crimes is problematic, consider

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determining the strength of anti Semitic and racist groups. Some

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of the most wild speculation has been made in this area.

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At a time when the ADL estimated nationwide KKK membership

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at roughly twelve thousand, a Saint Louis TV station claimed

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a fantastic fifty thousand members in Missouri alone. In this case,

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the ADL's estimate is much closer to the truth, though

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it probably didn't take into account several multiple memberships. Some

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clans been belonged to several clans and a few card

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and a few carry cards from virtually all of them.

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According to the ADL in nineteen ninety, the various ku

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Klux plan organizations had to come bind membership under four thousand,

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down from forty five thousand in nineteen sixty four and

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twelve thousand, five hundred and nineteen eighty one In nineteen

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eighty seven, during a period of growth, the ADL estimated

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hardcore neo nazis that no more than four hundreds of

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five hundred the much publicized skinheads recently estimated at five

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thousand nationwide are almost certainly no more than a third

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of that. Determining who is and who is in a

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neo Nazi racist skinhead involves a lot of pure guessing.

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A recent possible hoax in Denver initially focused on the

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local skinhead population, and an estimate of two hundred was

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made a great surprise to bonafide Denver racist groups. Many

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bikers adopt the skinhead appearance while having no affinity for

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their views, and there are many anti racist skinhead groups around.

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The actual number of bonafide racist neo Nazi skinheads in

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Denver is probably under twenty five at the time of

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Kansas City KKK group made national news in nineteen eighty

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eight with its plans for a public TV show. It

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had only two members. Speculation had ranged as high as

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one hundred, and rumors of alleged KKK vandalism and crossburnings

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spread through the community. Groups like the Posse Comme Tatis

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attained almost mythical proportions in the early nineteen eighties, with

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estimates as high as forty thousand given by irresponsible writers.

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This was absolute fantasy. Although Jim Wickstrom POSSE leader claimed

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the incredible figure of a million and a half, having

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talked with police agencies, journalists, farmers, and local officials, and

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with POSSE members themselves, I seriously doubt if more than

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a thousand serious POSSE activists ever existed at any one time.

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The Posse was never tightly organized, and the national group

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was primarily a literary distribution group. Local groups were autonomous

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and virtually anyone could claim membership and be believed. In Kansas,

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for example, state police officials monitoring farm auctions in the

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early nineteen eighties made the incredible mistake of estimating Posse

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presence in one case by noting that a POSSE acted

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this was present and he had thirty or so people

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gathered around him reading the literature passed out. Hence there

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was a Posse presence in the neighborhood of thirty at

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the auction a single individual distributing Posse literature in several

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stations and restaurant restrooms caused near panic in one county

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the situation got so far out of hand in nineteen

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eighty five, three Kansons filed a civil rights lawsuit against

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Kansas Attorney General Robert Stephen for creating the Posse Committatis

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to further his political career. A suit brought on behalf

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of Free to Steel, James Steele, and Harold Hovander, all

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rural Kansas residents, charged that unnecessary police powers were utilized

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during a repression action against mister Steele, which included air

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support and a small army of Kansas Bureau of Investigation assets,

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Kansas Highway Patrol troopers, sheriff's deputies, and local police personnel,

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all heavily armed as for combat who descended on said

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farm like an invasion. Among the various problems in determining

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memberships and groups is the fact that is the fact

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that claims by the groups themselves can't be believed uncritically. Invariably,

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they will exaggerate their own strength. Both Ku Klux Klan

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and anti clan groups routinely distort the KKK's power, influence

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and threat to the established order. Also, in most cases,

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the membership list and the mailing list are usually two

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distinct entities. Ku Klux Klan organizations have maintained large complementary

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mailing lists in the past, although that practice is faded

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for reasons of economy. Some groups don't have members as such,

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only people who receive their mailings, and others make no

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distinction between members and people who write nas for information.

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A few groups even send out blank membership cards with

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their solicitation letters. In nineteen eighty four, a terrifying right

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wing Halsteed, Kansas organization with a creative name of the

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Farmer's Liberation Army was finally determined to have one member, founder,

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Keith Schive. Anti racist groups took the organization very seriously

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in references to it appeared in the national press. Shi

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was absolutely delighted with the response. Similar cases involving alleged paramilitary,

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constitutional patriot, and tax protest groups consisting of one or

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two members are not uncommon. A creative trickster with access

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to a photocopy machine can create havoc in a community

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with the help of a properly sensitized local media on

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the watch for Witches to burn. Robert Depew's Kansas City

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area based paramilitary Minute Men organization of the nineteen sixties

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suffered from similar distortions. Primarily a paper operation with a

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handful of activists, a Pew topped out at five hundred members,

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most of whom were essentially inactive literature collectors, and several

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of whom were government agents. Media estimates ranged in the thousands.

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By nineteen sixty eight, the FBI had refined its intelligence

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on the group to the point where they stated that

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there were less more than fifty persons upon whom Minutemen

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leaders can call for overt action. My own subsequent investigation

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suggested a more realistic figure of under a dozen. During

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the McCarthy era, By the way, the membership of leftist groups,

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including the Communist Party itself, was similarly exaggerated. Probably ah

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here we go the Southern Poverty Law Center. In February

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nineteen ninety two, USA Today reported that Clan Watch, a

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subdivision of Morris D's Southern Poverty Law Center, had identified

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a total of three hundred and forty six white supremacist

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groups operating in the USA up in alarming twenty seven

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percent from the past year. Included were ninety seven KKK

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and two hundred and three allegendio Nazi groups. This figure

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is outrageously inflated. What Clan Watch apparently did is locate

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any mailing address they could find, including the large number

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of pobox chapters maintained by several organizations, police, government agencies,

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and private groups monitoring the Klan. They probably listed many

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groups whose actual affiliation is neither KKK or neo Nazi,

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and who would argue with the designation of white supremacy.

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This writer publishes an annual directory of these groups and

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companion directory on the left, and can attest to the

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irresponsible inflation of Clan Watch's numbers. In terms of viable

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groups not one or two man local chapters with more

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than a handful of members, the actual figure is a

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combined total of thirty, a far cry from three hundred

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and forty six. Unfortunately, this is this kind of exaggeration

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is typical. Obviously, if you're an organization who is crying

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wolf all the time and you rely on well, if

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you rely upon donations, crying wolf is a great way

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to get it. I mean, I think any of you

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know how I feel about Dave Rubin. But Richard Lewis,

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the now elderly Jewish comedian, was on his show and

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was talking about the ACLU, and it was a Southern

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poverty law center, I believe, And how you know, I've

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always given money and like to his credit, Dave Rubin's

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schooled him on it. It's like this. He goes, maybe

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at one time they did good work, it goes, but

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not now. Now they're just there to shut down speech.

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So we know they're there to do more. But the

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Southern Poverty Law Center has been faultered on other grounds

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as well. In February nineteen ninety four, the Montgomery Advertiser

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ran a series of articles exposing various aspects of the SPLC,

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including a questionable fundraising tactics and other dishonest practices. I know,

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I'm shocked. Among the issues raised were the SPLC has

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reserved funds of fifty two million. Just what the Loss

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Center does with all that money? As a source of concern,

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some who have worked with Morrisd's call them a phony.

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The television evangelist of civil rights who misleads donors for

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fifteen years. People throughout the country have sent millions of

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dollars to the SBLC to fight the KKK and other supremacists,

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but critics say the law center exaggerates the threat of

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hate groups. The SPLC responded to the series with a

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number of veiled threats in charge that it was a

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hatchet job. Nevertheless, the series was widely praised and is

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regarded as a model for courageous objective reporting. The SPLC

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legal offensive. In nineteen eighty seven, DS and the SPLC

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made national headlines with a civil judgment against United Clans

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of America and two of its members for the nineteen

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eighty one slaying of a black teenager. Unable to afford

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company counsel in the complicated matter, the UKA was forced

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to turn over all of its assets and went out

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a bit business. At issue in that trial was the

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liability of the UK for the acts of its members.

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Had this doctrine that organizations are responsible for the acts

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of their members been established as the legal president in

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the nineteenth President in the nineteen sixties, it would have

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decimated the early civil rights movement and would have bankrupted

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the NAACP and CORE, both of which this writer belonged to.

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Even the labor movement and the anti war movement could

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have been crippled by lawsuits arising from the violent acts

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of some of their participants. Suppose a black activist group

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was hit with a seven million dollar judgment because one

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of its members killed someone in the Watts riots. This

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sounds far fetched, but had the dece precedent existed, then

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it could have happened. Conscientious civil libertarians, although they disdained

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the kukux Land and neo Nazi groups, also disdain unfair

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and underhanded methods used to go after them in the courts.

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The SBLC proclivity to use civil suits were constitutional protections

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are minimal against poor, working class and often semi literate

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klansmen who are unable to afford council has been compared

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to shooting fish in a barrel. I know about the

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whole semi literate thing. I think he threw that in

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there on his own, but I don't know. The issue,

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of course, is a classical moral one, i e. Whether

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the ends justifies the means used to accomplish them. Most

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moral philosophers would say that the means indirectly determines the

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determines the ends, and that unjust means necessarily leads to

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unjust ends. Another D's civil case involved three neo Nazi

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skinheads who killed a black man during a November nineteen

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eighty eight fight in Portland, Oregon. The skinheads pleaded guilty

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in our, serving long prison sentences. This was the end

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of the matter. However, this was not the end of

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the matter. However, Morris D's in the SPLC, with the

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cooperation of the ADL, filed civil suits on behalf of

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victim's family. None of the Skinheads were worth suing, so

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Morris d saw a judgment against Tom and John Metzger

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and their White Air In Resistance organization to which the

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Skinheads allegedly belonged. The Meskers, it was agreed, did not

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even know the men who committed the crime, nor had

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they directed their actions. The issue was whether, by virtue

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of the Mesker's attitudes, opinions, and beliefs, they had somehow

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motivated the killers. The Metsikers in War had minimal assets,

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not nearly enough to even cover the cost of the lawsuit.

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DS and the ADL were clearly trying to put War

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out of business. The Meskers were, of course unable to

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afford counsel and attempted to defend themselves. After a long

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trial before a judge with one year of experience, a

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tired jury found against the Metsikers in October nineteen ninety

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and awarded the victims families an enormous settlement. A subsequent

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appeal was denied, largely because the Metsikers, with no legal training,

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had failed to bring up specific objections during the trial.

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At one point, when Tom Metzker attempted to pay for

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a transcript of the trial with donated funds in order

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to prepare the appeal, the appeal des garnished a payment,

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thus impending their efforts. Do you see how they play?

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I mean, wasn't it was it Ian Smith who has

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the the New Jersey Jim who during COVID they closed

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it down and he raised money I think on GoFundMe

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and the government seized it. It may not have been

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Ian Smith, but it was there was This definitely happened

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in twenty twenty where I mean the government just stepped

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in and seized it and said no, no, you're not

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You're not getting money from the public to defend yourself. Yeah,

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that's that's where we are. That's where we are. But

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I'm sure if we just ignore it and we talk

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about how bad they are. You know, criticism of Deeds

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does not come from right wing sources alone. In a

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column appearing under the banner of the Los Angeles Times

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Washington Post news service, Ray Jenkins, a writer for the

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Baltimore Sun, noted that while the state of Oregon like

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that to put Metzger on trial for murder in the case,

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what more as Deeds did was to quote convert the

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civil law, whose basic purposes to settle disputes between individuals,

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into an arm of the criminal law. In legal abercadabra,

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the standard of proof, and civil cases usually only preponderance

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of evidence is a good deal easier to meet than

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the higher standard of guilt beyond a reasonable doubt required

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in criminal prosecution. Let's not forget there are cases on

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record where civil law was tortured into criminal law to

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punish communists in the nineteen fifties than civil rights groups,

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including the National Association for the Advancement of Colored People

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inties in the nineteen sixties. That is why you need

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your own That's why you need people who are sympathetic

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to you in power. An unnamed philosopher once said to

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beware of those in whom the urge to punish is strong.

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The zealous and vengeful nature of those self appointed hate

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crime vigilanties, so quick to abuse long established legal processes

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designed to protect the civil rights of all citizens, renders

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them as dangerous as the hate groups they claim to oppose,

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and perhaps even more so that they maintain an image

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of legitimacy, militancy, and fanaticism. In any pursuit, even one

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that is objectively laudable on its face, is bound to

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produce results that are injurious in the long run. Whoever

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fight's monsters should see to it that in the process

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he does not become a monster. And if you gaze

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long enough into the abyss, the abyss will gaze back

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at you. Friedrich Nietzsche, eighteen seventy eight. All right, here's

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all the scrolling by all the references for that first chapter,

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of which there are fifty eight. All right, Chapter two,

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Hate Crimes Legislation. If membership figures for antisemitic and racist

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organizations are hard to determine, and data on incident to incidents,

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marking and conflate and conflicting statistics on so called hate

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crimes are problematic as well. In nineteen ninety, Congress pass

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legislation based on the ADL's model Hate Crimes Reporting Statute,

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requiring the United States Attorney General to set up a

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system for collecting statistics on hate crimes, known as the

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Hate Crime Statistics Act. In addition to serious crimes such

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as murder, arson, and manslaughter, relatively minor offenses such as

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simple assault, intimidation, and vandalism, which includes graffiti, were to

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be included in the tabulation. The legislation contained no provision

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for reporting incidents that turned out to be hoaxes. As such,

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when an incident is discovered to be a hoax, it

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might be dropped from the statistics, or it might not.

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Even more disturbing, the legislation contained no provision to exclude

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unsolved defenses, many of which are probably hoaxes. Offenses having

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the mere appearance of a hate crime or to be

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reported as such, calling, unsubstantiated telephone including unsubstantiated telephone threats,

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anonymous graffiti, and unproven claims of name calling. Local police

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departments quickly stepped in line. The LAPD adopted a policy

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that classified all hate crimes as Category one crimes, like

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felonies with named suspects. Robert Vernon LAPO, Assistant Chief of Police,

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LAPD Assistant Chief of Police, announced that even misdemeanor offenses

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such as alleged threatening phone calls or malicious mischief would

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be aggressively investigated by police. In nineteen ninety one, FBI

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Director William Sessions announced that the implementation of the Hate

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Crimes Program will continue to be a top priority to

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the FBI. However, Sessions also commented that while there appeared

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to be an increase in hate crimes to rise may

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be due partly to required reporting. The decision to even

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classify incidents as racially motivated is fraught with issues of

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subjectivity and bias. Although racially motivated seems to be a

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neutral term, it is not. In practice. It's been a

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code phrase for crime by white and not black racists.

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It creates the anomaly of a white youth receiving a

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stiffer sentence from mere graffiti on a black business than

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a black youth might receive for burglary of its owner.

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A little narcotyranny going on here. Racially motivated is a

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legal distinction that justifies preferential statuses and discriminatory punishments. In

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many cases, the law actually provides for civil penalties and damages,

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which actually encourages hoaxes and fabrications. More importantly, we are

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in grave danger of institutionalizing a double standard, where some

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citizens are accorded special protections based entirely on their race,

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while others are penalized for theirs, a problem of a

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rights movement originally sought to redress. A dramatic example of

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that double standard was illustrated in the nineteen ninety nine

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dart Man case in New York. Dart Man was a

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black man who went around Manhattan shooting blowgun darts into

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women's behinds. Although all of dart Man's two dozen plus

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victims were white, including two light skinned Hispanics, it was

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reported that authorities do not think race is a factor.

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Nineteen ninety police are quoted that's me commenting saying this

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happened in nineteen ninety, Now would he get a medal?

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Police are quoted as saying that they have no reason

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to believe the attacks are racially motivated. However, in New

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York City's diverse racial mix, the odds of picking two

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dozen white women at random are the order of winning

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Latto America. Imagine for a moment what the conclusion would

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have been if the dart man was white and all

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of his victims would have been black. Quite another story,

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isn't it. Imagine if the roles reversed. The selective police

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attention to allege hate crimes is shadowed by selective media

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in attention to hate crime hoaxes. Many hoaxes are only

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reported to the local media and die when they reach

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the wire services. I've also been told that a fair

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number are simply spiked once their nature is ascertained, out

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of sensitivity to minority concerns, or so as not to

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give ammunition to racists. Absence some kind of clipping service,

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a network of local monitors, or the intelligence capability of

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the American law enforcement community, one is at a considerable

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disadvantage researching this subject. There could be a much bigger

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story here than initially appears. In Kansas City, for example,

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Terrence Weaver to face a wall near a major art

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museum with racist and anti Semitic graffiti in September nineteen

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eighty nine. He was observed, chased, and apprehended. The local

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newspaper reported the incident as a hate crime. Along with

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the interesting fact that the perpetrator had checked himself into

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a local mental hospital immediately after his arrest. The incident

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quickly faded and no more was heard of it. The

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00:25:06,920 --> 00:25:09,920
Kansas City Star has declined to pursue the matter. My

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own investigation developed that this young man was well known

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to local leftists, and that he had talked of a

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plot to entice all KKK and neo Nazis to a

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meeting and then blow up the building and kill them.

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He was, in fact, not racist, but anti racist. Kansas

399
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City police sat the case, and local anti fascist activists

400
00:25:30,119 --> 00:25:33,000
seemed to be holding their breath until the story faded

401
00:25:33,039 --> 00:25:36,559
into the memory hole. If you didn't live in nineteen

402
00:25:36,599 --> 00:25:39,640
eighty nine, okay, if you didn't live in Kansas City

403
00:25:39,680 --> 00:25:42,839
and read the local paper, you wouldn't know it had happened.

404
00:25:43,240 --> 00:25:46,079
If you hadn't investigated, you wouldn't know. It's a probable

405
00:25:46,119 --> 00:25:49,640
hoax incident. And there are many cases like this? Are

406
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there many more? Kit? Pardon me? Are there more cases

407
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like this? Probably? So? Vallid objections to Hate Crimes Reporting Act.

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There are many valid criticisms of the hate crime reporting concept,

409
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but by far the most legitimate is that selective reporting

410
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exaggerates a phenomenon by calling selective attention to it. If

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statistics were kept of crimes committed by Methodists or left

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handed Democrats, or by service station employees, or of crimes

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against these groups, it would quickly seem to have it

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would quickly seem that we have a serious crime problem

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in these areas. To answer an objection to this argument

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from a Jewish friend, I asked what the probable consequences

417
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of compiling and publicizing statistics on crimes by Jews in

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the United States might be so as to draw attention

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to them. He quickly conceded that it would seriously distort

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the picture and lead to dangerous false conclusions by singling

421
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out a particular group, and would be unfair selective attention.

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Enough said, civil liberties are traditionally concerned with two issues

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more than any other. In criminal law, they are concerned

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with due process issues, e. The fairness of the criminal

425
00:27:01,640 --> 00:27:06,079
justice system and its adherence to procedural processes that ensure

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00:27:06,160 --> 00:27:09,400
even handedness and protection for the rights of the accused.

427
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In constitutional law, the issue of free speech overshadows most

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other concerns, since it is regarded as the bed rock

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upon which all other freedoms depend, and rightly so. The

430
00:27:20,519 --> 00:27:24,240
ADL is acutely aware that too scrupulous and adherence to

431
00:27:24,240 --> 00:27:28,200
civil liberties can be counterproductive to its interests. For example,

432
00:27:28,279 --> 00:27:32,160
inconvenient standards of evidence in criminal trials may allow individuals

433
00:27:32,599 --> 00:27:35,240
they would prefer to seek convicted to go without punishment

434
00:27:35,279 --> 00:27:39,559
and ritual defamation. Hence their clever advocacy of civil action

435
00:27:39,759 --> 00:27:43,480
against individuals and groups who offend their interests, whether or

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00:27:43,480 --> 00:27:45,759
not they have been convicted of an actual criminal offense.

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In civil cases, evidence is allowable that wouldn't get past

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00:27:49,839 --> 00:27:52,640
the door in a criminal case. Among other things, the

439
00:27:52,640 --> 00:27:56,359
standard for conviction is merely the preponderance of evidence and

440
00:27:56,680 --> 00:28:00,559
not the more rigorous beyond any reasonable doubt. Put, if

441
00:28:00,599 --> 00:28:02,519
you can't prove a crime, you may still be able

442
00:28:02,559 --> 00:28:08,279
to punish with the civil judgment. Similarly, although they routinely

443
00:28:08,319 --> 00:28:11,640
deny it, free speech is troublesome to the ADL when

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00:28:11,680 --> 00:28:15,960
it includes values, opinions, and beliefs they regard as retrograde

445
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to their interests, such as criticism of Jews, Israel, or

446
00:28:19,559 --> 00:28:23,480
Jewish institutions. When the ADL condemns anti Semitism, they are

447
00:28:23,559 --> 00:28:28,920
usually condemning some form of expression of values, opinions, or beliefs. Accordingly,

448
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while the ADL is officially given muted oppositions as discredited

449
00:28:32,519 --> 00:28:38,519
and unconstitutional hate hate speech legislation, it has worked mightily

450
00:28:38,599 --> 00:28:41,839
to create the climate that produced it the hate speech

451
00:28:41,880 --> 00:28:45,799
in case. The hate speech case in question was a

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Saint Paul, Minnesota ordinance outllowing mere expressions of racism and antisemitism,

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including speech, writing, art, as well as symbolic acts such

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as cross burnings. The United States Supreme Court decided unanimously

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in I N two that the ordinance was in violation

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of the Constitution. On the other hand, the issue in

457
00:29:05,000 --> 00:29:08,240
the ADL's model hate crime statute, which they have successfully

458
00:29:08,279 --> 00:29:12,200
lobbied through most state legislatures and which is being embodied

459
00:29:12,240 --> 00:29:16,319
in federal legislation as well, is that certain forms of speech,

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such as hostility or contempt for racial or ethnic interest groups,

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may not be unlawful in itself, but when expressed in

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conjunction with a criminal act such as graffiti, vandalism, or assault,

463
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it should result in a mandatory increase in sentence. Hate

464
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crime laws. Bona fide criminal activity, including violence, is always prosecutable,

465
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as it should be. But the ADL clearly feels that

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00:29:41,240 --> 00:29:44,079
criminal activity directed against Jews and their clients in the

467
00:29:44,079 --> 00:29:48,400
minority community deserves special punishment. However, to make a lass

468
00:29:48,440 --> 00:29:51,519
singling out a particular interest group for special protection as

469
00:29:51,559 --> 00:29:55,319
a touchy subject and consistence of a Libertarians have tended

470
00:29:55,359 --> 00:29:59,599
to oppose the tactic affirmative action programs aside, so they

471
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want they say criminal activity directed against Jews and their

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00:30:03,759 --> 00:30:09,480
clients deserve special punishment. If you listen to if you

473
00:30:09,519 --> 00:30:12,799
ever heard me talk about the book The Authoritarian Personality,

474
00:30:13,279 --> 00:30:16,559
which has the f scale in it, which if you

475
00:30:16,599 --> 00:30:18,119
take that test you can find out if you're a

476
00:30:18,200 --> 00:30:21,279
fascist or not, or how prone you are to fascism.

477
00:30:22,119 --> 00:30:25,960
You can find it online. One of the questions had

478
00:30:26,000 --> 00:30:30,559
to deal with do you think that people who touch

479
00:30:30,920 --> 00:30:40,880
children should be punished beyond the law? Interesting, huh, they're

480
00:30:40,920 --> 00:30:47,119
worried that that that wanting to and I go back

481
00:30:47,119 --> 00:30:51,799
to Leo Frank. You know Leo Frank being dragged out

482
00:30:51,799 --> 00:31:03,240
of prison and being lynched, that was a problem. But here,

483
00:31:04,039 --> 00:31:08,640
if you just say anything, you don't have to act.

484
00:31:08,880 --> 00:31:11,839
You just have to say, if you have belief, if

485
00:31:11,839 --> 00:31:16,319
you heard my recent substact talking about how basically total

486
00:31:16,359 --> 00:31:20,480
war is war upon belief, then you deserve special punishment,

487
00:31:21,400 --> 00:31:24,880
But someone who touches a kid, now they don't deserve

488
00:31:24,920 --> 00:31:29,920
special punishment at all. I always thought it was really

489
00:31:30,000 --> 00:31:33,839
weird when I read that. One question why did the

490
00:31:33,880 --> 00:31:39,720
American Jewish Committee want that in there? The ADL anticipated

491
00:31:39,759 --> 00:31:42,920
that laws outlawing acts directed at specific groups is hate

492
00:31:42,960 --> 00:31:47,279
crimes might present constitutional difficulties, particularly the equal Protection clause.

493
00:31:47,839 --> 00:31:51,240
Such laws may also encourage public perception that special people

494
00:31:51,279 --> 00:31:55,880
get special protections of you, that the ADL wishes to discourage.

495
00:31:56,039 --> 00:31:59,319
Americans tend to reject group rights, and public awareness that

496
00:31:59,359 --> 00:32:02,839
the ADL is promoting precisely what could be a public

497
00:32:02,880 --> 00:32:08,920
relations blunder. The ADL chose to minimize these complications by

498
00:32:08,960 --> 00:32:13,319
focusing its legislative offensive on the sentencing phase of the

499
00:32:13,359 --> 00:32:16,680
criminal procedure. This way, one can say that the accused

500
00:32:16,680 --> 00:32:19,319
has not been convicted of a special crime designed to

501
00:32:19,319 --> 00:32:23,039
provide special protections to special groups, but rather have been

502
00:32:23,119 --> 00:32:26,480
convicted of an ordinary crime, only the punishment is to

503
00:32:26,519 --> 00:32:29,839
be more severe because of the circumstances surrounding it. No

504
00:32:29,880 --> 00:32:32,000
one is being convicted of a thought crime because of

505
00:32:32,039 --> 00:32:35,599
their values opinions or beliefs only sentenced to longer terms

506
00:32:35,640 --> 00:32:46,319
because of them. I've said enough, But why this convoluted tactic.

507
00:32:46,559 --> 00:32:50,359
Wouldn't that appellate court. Wouldn't the appellate court see the ruse.

508
00:32:50,519 --> 00:32:53,400
In nineteen ninety three, the Wisconsin Supreme Court did exactly

509
00:32:53,599 --> 00:32:57,319
that when it invalidated a state law mandating longer sentences

510
00:32:57,359 --> 00:33:01,640
and hate crimes. Many civil libertarians applauded this development. Censusing

511
00:33:01,680 --> 00:33:04,920
practices are the neglected area of due process. One can

512
00:33:04,960 --> 00:33:08,240
see this immediately by noting the wide disparity of sentencing

513
00:33:08,240 --> 00:33:11,400
in similar crimes. A simple one hundred dollars burglary may

514
00:33:11,440 --> 00:33:14,720
bring probation in one case in twenty years in another.

515
00:33:17,039 --> 00:33:20,599
Factors only marginally relevant to the seriousness of the crime

516
00:33:20,599 --> 00:33:23,359
at hand or allowed in the sentencing process, such as

517
00:33:23,400 --> 00:33:27,559
the defendant's appearancing or courtroom demeanor, the judge's perception of

518
00:33:27,599 --> 00:33:30,960
the defendant's repentance, which may say as much about the

519
00:33:31,039 --> 00:33:33,759
judge as it does the defendant, or whether or not

520
00:33:33,799 --> 00:33:36,839
the defendant pled guilty or had the temerity to demand

521
00:33:36,839 --> 00:33:41,000
a trial. In other words, evidence can be entered into

522
00:33:41,039 --> 00:33:44,839
a sensencing hearing that would be admissible in the trial itself.

523
00:33:45,400 --> 00:33:48,039
More than one civil liberty's attorney has cringed at the

524
00:33:48,119 --> 00:33:51,799
arbitrariness of sentencing procedures. It could be said, with respect

525
00:33:51,839 --> 00:33:55,200
to hate crimes, that all the penalty enhancement statutes do

526
00:33:55,480 --> 00:33:59,039
is formalize the kind of discrimination that is is already

527
00:33:59,400 --> 00:34:03,759
being a curring on an ad hoc basis. Unfortunately, penalty

528
00:34:03,839 --> 00:34:11,760
enhancement makes it mandatory new heading racial motivation and sentencing policy.

529
00:34:12,800 --> 00:34:15,800
The particular case that brought this issue before the US

530
00:34:15,840 --> 00:34:18,440
Supreme Court in nineteen ninety three involved not a white

531
00:34:18,679 --> 00:34:21,280
but a black defendant in a case of aggravated battery.

532
00:34:21,840 --> 00:34:24,440
Todd Mitchell was one of a group of black teenagers

533
00:34:24,480 --> 00:34:27,679
who severely beat a fourteen year old white boy in Kenosha, Wisconsin,

534
00:34:27,679 --> 00:34:31,719
in nineteen eighty nine. The group adjusting the film Mississippi Burning,

535
00:34:32,559 --> 00:34:35,519
which glorifies the civil rights movement in the nineteen sixties

536
00:34:35,559 --> 00:34:40,119
and vilifies its opposition, not a particularly difficult task. When

537
00:34:40,159 --> 00:34:43,320
Mitchell and his gang came upon the victim, Mitchell said,

538
00:34:43,559 --> 00:34:46,360
there goes a white boy, go get them. They did,

539
00:34:46,440 --> 00:34:49,440
and the boy was seriously injured in the beating that followed.

540
00:34:51,639 --> 00:34:53,880
A jury found Mitchell guilty, and he was sent to

541
00:34:53,920 --> 00:34:57,880
two years in prison, the maximum for aggravated battery in Wisconsin. However,

542
00:34:57,920 --> 00:35:00,119
the jury, finding that Mitchell chose his victim on the

543
00:35:00,159 --> 00:35:02,920
basis of race, went on to increase his sentence to

544
00:35:03,000 --> 00:35:05,519
a maximum seven years, or a three hundred and fifty

545
00:35:05,519 --> 00:35:10,159
percent increase. Paradoxically, had Mitchell merely beaten a black person

546
00:35:10,199 --> 00:35:13,280
for some other reasons, such as wanting his shoes, he

547
00:35:13,360 --> 00:35:16,320
would have been so thoroughly. He would not have been

548
00:35:16,360 --> 00:35:19,679
so thoroughly savage, as sentencing two years would be two years,

549
00:35:19,719 --> 00:35:23,480
and he probably wouldn't have gotten that. Mitchell appealed, and

550
00:35:23,559 --> 00:35:27,760
the Wisconsin Supreme Court invalidated the longer sentence. They said

551
00:35:27,760 --> 00:35:31,760
the state legislature had violated the First Amendment by criminalizing

552
00:35:31,920 --> 00:35:35,920
bigoted thought with which it disagrees. Civil rights groups and

553
00:35:35,960 --> 00:35:43,000
the ADL were outraged. In civil rights groups were outraged.

554
00:35:45,840 --> 00:35:48,840
In April nineteen ninety three, Wisconsin Attorney General James E.

555
00:35:48,920 --> 00:35:51,760
Doyle argued the case before the US Supreme Court, making

556
00:35:51,800 --> 00:35:55,159
the distinction that the case involved conduct and not ideas.

557
00:35:55,880 --> 00:35:58,280
As a result of a massive lobbying effort in which

558
00:35:58,280 --> 00:36:01,719
the ADL played a major part, forty nine other states

559
00:36:01,719 --> 00:36:06,159
had filed briefs in support of Attorney General Doyle. The

560
00:36:06,199 --> 00:36:10,119
Supreme Court agreed with Doyle and unanimously reaffirmed Mitchell's three

561
00:36:10,199 --> 00:36:14,639
hundred and fifty percent sentence enhancement. The Supreme Court's reasoning

562
00:36:14,679 --> 00:36:19,320
bears special examination. Chief Justice William Rehnquist, writing for the Court,

563
00:36:19,440 --> 00:36:24,039
said that quoting a defendant's abstract beliefs, however obnoxious to

564
00:36:24,079 --> 00:36:27,199
most people, may not be taken into consideration by a

565
00:36:27,280 --> 00:36:33,519
sentencing judge. Reinquists offered that those beliefs are no longer

566
00:36:33,559 --> 00:36:38,639
abstract once they provide the motive for discriminate discriminatory action. Thus,

567
00:36:38,719 --> 00:36:41,719
according to his reasoning, a physical assault is not, by

568
00:36:41,760 --> 00:36:44,840
any stretch of the imagination, expressive conduct protected by the

569
00:36:44,840 --> 00:36:47,679
First Amendment. Of course, it is, and no one argued

570
00:36:47,719 --> 00:36:50,880
that it was. Physical assaults are and always have been

571
00:36:50,920 --> 00:36:54,599
punishable by the law. The Court decision is, of course,

572
00:36:54,599 --> 00:36:56,840
the can of worms. With this logic, it would be

573
00:36:56,880 --> 00:37:01,119
possible to legislate penalty enhancement for thieves whose crimes are

574
00:37:01,119 --> 00:37:05,840
motivated by a disrespect for private property, or shoplifters whose

575
00:37:05,840 --> 00:37:09,800
pilfrage was occasioned by adherence to social doctrines that denigrate

576
00:37:09,840 --> 00:37:14,519
the virtue of capitalism. Although one might only be convicted

577
00:37:14,519 --> 00:37:17,199
of one offense, the net effect may be to get

578
00:37:17,199 --> 00:37:20,239
the equivalent of two times to normal sentence. It might

579
00:37:20,280 --> 00:37:23,719
as well be double jeopardy for all practical purposes, accompanied

580
00:37:23,760 --> 00:37:28,159
by two convictions and two sentences. However, all may not

581
00:37:28,239 --> 00:37:30,960
be lost. If these laws are applied equally to all

582
00:37:30,960 --> 00:37:34,679
interracial hate crimes broadly defined, not primarily in the case

583
00:37:34,679 --> 00:37:37,760
for minorities or the alleged victims, the intended but denied

584
00:37:37,760 --> 00:37:41,760
discriminatory effect against whites may be blunted, perhaps severely in

585
00:37:41,800 --> 00:37:45,039
the end they this may become another nuisance law that

586
00:37:45,079 --> 00:37:50,360
has been proven embarrassing to its proponents by sorry, sorry, sir,

587
00:37:54,920 --> 00:38:00,920
nice thought, but nope. Unforeseen consequences of hate crime legislation.

588
00:38:01,480 --> 00:38:04,639
New York University law professor James B. Jacobs has written

589
00:38:04,639 --> 00:38:07,760
that the proliferation of hate crimes laws has resulted in

590
00:38:07,800 --> 00:38:12,480
apparently unforeseen problems. Attributing the degree of prejudice or racial

591
00:38:12,519 --> 00:38:15,960
animosity necessary to establish a hate crime motive is not

592
00:38:16,000 --> 00:38:19,639
the least of the problems. Virtually all interracial crimes may

593
00:38:19,639 --> 00:38:21,800
be perceived as a hate crime if the conditions are

594
00:38:21,840 --> 00:38:25,079
defined loosely enough, Noting that the original impetus of hate

595
00:38:25,079 --> 00:38:29,760
crime legislation was to protect allegedly victimize blacks from victimizing whites,

596
00:38:30,159 --> 00:38:33,039
he says, indeed, at some point in the future, some

597
00:38:33,039 --> 00:38:36,280
supporters of hate crime laws may be dismayed to find

598
00:38:36,320 --> 00:38:41,079
that these laws are frequently used against black offenders, such

599
00:38:41,079 --> 00:38:43,880
as stative affairs may already be on the horizon. According

600
00:38:43,880 --> 00:38:47,000
to no less of a source than the SPLC's Clan Watch.

601
00:38:49,360 --> 00:38:52,119
In December nineteen ninety three, New York Times reporter Peter

602
00:38:52,239 --> 00:38:57,559
Applebaum reported Clan Watch said that in the last three years,

603
00:38:57,599 --> 00:39:01,119
forty six percent of all racially motivated murders tracked by

604
00:39:01,159 --> 00:39:03,920
the group were committed by blacks on victims who were white,

605
00:39:04,239 --> 00:39:08,840
Asian or Hispanic. In an unsigned editorial in the comments

606
00:39:08,840 --> 00:39:10,880
section of a June nineteen ninety three issue of The

607
00:39:10,880 --> 00:39:14,719
New Yorker, these concerns were also expressed with reference to

608
00:39:14,719 --> 00:39:18,760
the nineteen ninety three US Supreme Court ruling in Wisconsin v. Mitchell.

609
00:39:19,119 --> 00:39:22,079
The editorial noted that the black youth who had taken

610
00:39:22,119 --> 00:39:24,400
part in the beating of a white youth was essentially

611
00:39:24,480 --> 00:39:28,920
being punished because his victim wasn't black. The editorial also observed,

612
00:39:29,000 --> 00:39:32,159
quoting in Wisconsin, where less than a tenth of the

613
00:39:32,159 --> 00:39:35,039
population is non white, half the defendants and hate crime

614
00:39:35,119 --> 00:39:38,880
cases have been minorities. A preliminary FBI report on hate

615
00:39:38,920 --> 00:39:40,920
crimes earlier this year found that thirty percent of the

616
00:39:40,960 --> 00:39:45,760
offenders whose race was reported were black. However, in another zinger,

617
00:39:45,840 --> 00:39:48,599
the editorial also raised the specter of the old saw

618
00:39:49,199 --> 00:39:52,920
what goes around comes around. He said, now that the

619
00:39:52,960 --> 00:39:56,800
Supreme Court has upheld the Wisconsin statute, it is a

620
00:39:56,840 --> 00:40:00,320
safe bet that the law enforcement community, which more often

621
00:40:00,360 --> 00:40:03,360
than not as largely white and largely conservative, we'll find

622
00:40:03,360 --> 00:40:07,840
black offenders a more targeting, attempting target for hate crimes prosecutions.

623
00:40:10,559 --> 00:40:13,679
What might have been the civil rights establishment's worst nightmare

624
00:40:13,719 --> 00:40:17,199
occurred in December nineteen ninety three, when Colin and Ferguson,

625
00:40:17,320 --> 00:40:20,960
a black man of Jamaican ancestry, deliberately shot and killed

626
00:40:21,000 --> 00:40:23,880
six white passengers and would nineteen other on the Long

627
00:40:23,880 --> 00:40:27,719
Island Railroad commuter train. It was clearly a hate crime,

628
00:40:27,960 --> 00:40:30,960
for Ferguson raged at black Uncle Tom's and carried notes

629
00:40:30,960 --> 00:40:35,199
on his person expressing his hatred toward white people. Ferguson

630
00:40:35,280 --> 00:40:38,760
had been indicted on ninety three accounts, including civil rights violation.

631
00:40:39,599 --> 00:40:43,360
Black spokesman Jesse Jackson immediately went into damage control, expressing

632
00:40:43,400 --> 00:40:45,920
fear of a blacklash and preaching a message of healing

633
00:40:45,960 --> 00:40:50,440
and reconciliation. Jackson was reported as saying his second thought

634
00:40:50,679 --> 00:40:54,760
upon learning of the killings was hoping, against hope it

635
00:40:54,880 --> 00:40:57,639
wasn't a black person, because I knew there would immediately

636
00:40:57,639 --> 00:41:01,960
be a rash of irrational conclusion. But not so worry

637
00:41:02,119 --> 00:41:05,519
clan watching Jesse Jackson, for Ferguson was portrayed in the

638
00:41:05,559 --> 00:41:07,599
media as a victim of white racism on the one

639
00:41:07,639 --> 00:41:10,199
hand and a victim of mental illness on the other hand.

640
00:41:10,519 --> 00:41:12,440
Had even a white man who would killed six black

641
00:41:12,480 --> 00:41:15,039
people solely because of their race, we would still be

642
00:41:15,079 --> 00:41:17,920
hearing about it. In the meantime, however, the story has

643
00:41:17,920 --> 00:41:21,360
disappeared from the news. Kind Of shocked that Jesse just

644
00:41:21,400 --> 00:41:24,599
didn't go well, I mean, he's Jamaican, he's not Ados

645
00:41:25,079 --> 00:41:30,719
American descendant as slaves, so he ain't black. Kind Of

646
00:41:30,719 --> 00:41:34,679
shocked he didn't do that. He probably do that now.

647
00:41:36,199 --> 00:41:38,599
It's the opinion of this writer and many other observers

648
00:41:38,599 --> 00:41:41,280
that an even handed approach to the hate crime controversy,

649
00:41:41,320 --> 00:41:44,719
in which equal standards apply and behavior that is considered

650
00:41:44,719 --> 00:41:47,440
a hate crime for whites would also be considered a

651
00:41:47,480 --> 00:41:50,360
hate crime for blacks or anyone else, would reveal a

652
00:41:50,400 --> 00:41:53,519
picture much different than militant anti racist groups would prefer.

653
00:41:54,000 --> 00:41:57,440
Let's take a few examples from the nation's campuses. In

654
00:41:57,519 --> 00:42:00,000
nineteen eighty nine, the situation of black on white violin

655
00:42:00,039 --> 00:42:03,119
it's got so bad at Brown University in Providence, Rhode Island,

656
00:42:03,719 --> 00:42:08,480
that university president Vartan Gregorian said he was considering asking

657
00:42:08,519 --> 00:42:13,000
for federal help. Brown University was actually built on slaving money.

658
00:42:14,920 --> 00:42:20,920
It built on slaving money, ship money, according to Robert Reichley.

659
00:42:23,199 --> 00:42:26,679
According to Robert Reichley, vice president for university Affairs, there

660
00:42:26,679 --> 00:42:31,079
have been sixteen reported cases since classes began in September,

661
00:42:31,159 --> 00:42:34,199
a six week period. Mister Reichley said. In most cases,

662
00:42:34,239 --> 00:42:36,679
he said, black men have attacked white male students or

663
00:42:36,719 --> 00:42:41,599
have sometimes drawn guns or other weapons. In nineteen ninety one,

664
00:42:41,679 --> 00:42:45,559
University of Illinois officials met with police to discuss an

665
00:42:45,559 --> 00:42:48,519
alarming series of assaults on white students by black gangs

666
00:42:48,760 --> 00:42:51,079
who apparently attacked the students as part of a gang

667
00:42:51,079 --> 00:42:57,000
initiation right on campus. According to news sources. Police said

668
00:42:57,079 --> 00:43:00,480
the gang initiation right requires the potential gang to find

669
00:43:00,519 --> 00:43:03,800
a large white male and knock him out with one punch.

670
00:43:09,079 --> 00:43:12,559
The two gangs involved in the assaults, from Champagne and Urbana,

671
00:43:13,079 --> 00:43:15,960
traveled in groups of four to twenty and members ranged

672
00:43:16,000 --> 00:43:19,639
in age from fifteen to twenty three. According to news reports,

673
00:43:19,639 --> 00:43:23,880
Officials expressed concern about a backlash resulting from the attacks.

674
00:43:26,840 --> 00:43:29,880
The preceding two cases involved college campuses. It would be

675
00:43:29,960 --> 00:43:33,800
inaccurate to say they were commonplace, but neither are they rare.

676
00:43:34,000 --> 00:43:38,360
Almost every major university his had its incidents such as these.

677
00:43:38,880 --> 00:43:42,280
Sometimes they made local papers, occasionally in the national press.

678
00:43:42,480 --> 00:43:46,320
Sometimes they were undoubtedly spiked. At the University of Kansas,

679
00:43:46,400 --> 00:43:48,480
for example, a group of black students ascended on a

680
00:43:48,480 --> 00:43:51,559
white fraternity with clubs and other weapons, shouting threats and

681
00:43:51,639 --> 00:43:56,719
insults after a black student had allegedly been insulted there. Fortunately,

682
00:43:56,800 --> 00:43:58,400
there was no violence, in spite of the fact that

683
00:43:58,519 --> 00:44:02,280
terroristic threats were apparently made. Neither the campus press or

684
00:44:02,320 --> 00:44:05,480
the local daily mentioned the incident. One has to wonder

685
00:44:05,559 --> 00:44:08,960
how many times that occurs nationwide in a year. In

686
00:44:09,039 --> 00:44:12,239
virtually every case. However, we can be sure the issue

687
00:44:12,239 --> 00:44:16,719
of sensitivity and issues of sensitivity are raised along with

688
00:44:16,760 --> 00:44:23,000
the fear of backlash and misunderstanding. If one includes crimes

689
00:44:23,039 --> 00:44:25,440
in which an awareness of the victims race or ethnicity

690
00:44:25,519 --> 00:44:30,119
is a factor, then most interracial rapes, armed robberies, and

691
00:44:30,199 --> 00:44:35,480
assaults might be considered hate crimes. Blacks are the perpetuator

692
00:44:35,679 --> 00:44:39,079
perpetrators of the vast majority of these offenses. Relatives to

693
00:44:39,119 --> 00:44:42,920
their representation of the population. One could even say that

694
00:44:42,960 --> 00:44:46,880
the alleged raged a blacks feel towards white society is

695
00:44:46,920 --> 00:44:50,360
a race specific rage directed at individual victims on the

696
00:44:50,360 --> 00:44:53,000
basis of racial identity, and, as we see in the

697
00:44:53,039 --> 00:44:57,199
Colin Ferguson case, often has the same tragic consequences to

698
00:44:57,199 --> 00:45:01,920
innocent individuals as any nineteen si twenties lynchings in Alabama.

699
00:45:03,199 --> 00:45:07,440
They mentioned interracial rapes up here. I don't know if

700
00:45:07,440 --> 00:45:10,039
it's been picked up again, but when Obama. I think

701
00:45:10,079 --> 00:45:14,159
the last year that interracial rapes was reported was two

702
00:45:14,199 --> 00:45:18,679
thousand and eight, right before Obama got into office, because

703
00:45:18,800 --> 00:45:21,440
it was if I remember the numbers correctly, from two

704
00:45:21,480 --> 00:45:25,159
thousand and seven, so over twenty thousand black men raped

705
00:45:25,199 --> 00:45:30,599
white women, and there were zero reported whites raping blacks.

706
00:45:31,079 --> 00:45:37,440
Not saying that it didn't happen, but oh wow, he's

707
00:45:37,559 --> 00:45:42,320
quoting Sam Francis. Here. Editorial writer Samuel Francis cites the

708
00:45:42,400 --> 00:45:44,760
nineteen ninety two case of a fifteen year old white

709
00:45:44,760 --> 00:45:46,800
girl who was raped by a gang of young blacks

710
00:45:46,800 --> 00:45:49,559
who allegedly told her they picked her because she was

711
00:45:49,599 --> 00:45:56,760
white and perfect. According to Francis, the story made the

712
00:45:56,800 --> 00:45:59,679
tabloid headlines and passed from human memory the next day.

713
00:46:00,519 --> 00:46:04,800
Obviously disillusioned, he adds, hate crimes aren't for white people.

714
00:46:05,159 --> 00:46:08,159
They are the special political and legal privileges of racial

715
00:46:08,239 --> 00:46:11,079
and religious minorities, and there are weapons by which white

716
00:46:11,119 --> 00:46:15,320
people can be bullied, bludgeoned, beaten, prosecuted, and persecuted into

717
00:46:15,360 --> 00:46:19,480
shutting up a rate about race and the cultural institutions

718
00:46:19,559 --> 00:46:25,679
that attended. When an even handed approach is denounced and avoided,

719
00:46:25,800 --> 00:46:29,880
of course, the issue becomes highly politicized. Powerful racial and

720
00:46:30,000 --> 00:46:33,599
ethnic interest groups have compelling reasons to manipulate the rules

721
00:46:33,599 --> 00:46:36,760
and to keep up an appearance of perpetual victimhood. Not

722
00:46:36,800 --> 00:46:39,639
only is it extremely useful in promoting a political agenda,

723
00:46:40,159 --> 00:46:44,239
but it can have a considerable financial benefits to the

724
00:46:44,320 --> 00:46:47,840
victims as well. Many hate crime statutes have provisions for

725
00:46:47,920 --> 00:46:51,239
recourse in the civil courts from monetary damages. These allow

726
00:46:51,320 --> 00:46:54,599
victims to suit for special, general and punitive damages, a

727
00:46:54,639 --> 00:47:01,960
powerful insensitive for professional victims and hoaxers hate crime McCarthyism.

728
00:47:02,760 --> 00:47:06,199
Professor Jacobs also observed that since the state of mind

729
00:47:06,239 --> 00:47:09,519
is pivotal in establishing a hate motivated offense, trials may

730
00:47:09,559 --> 00:47:12,559
turn into inquisitions on the values, attitudes, and opinions of

731
00:47:12,599 --> 00:47:16,239
the defendants. Not unlike in nineteen fifties, McCarthy, i'd invest

732
00:47:16,679 --> 00:47:20,599
investigation into the values, attitudes, and opinions of subjected to

733
00:47:20,719 --> 00:47:25,440
versives by the House on American Activities Committee. I always

734
00:47:25,480 --> 00:47:29,519
hate when they well, first of all, you know, fuck communists,

735
00:47:29,719 --> 00:47:34,000
But I always hate when they talk about McCarthy and Ack.

736
00:47:34,800 --> 00:47:39,480
McCarthy was a senator and Hughack was a House committee.

737
00:47:40,760 --> 00:47:43,519
He cites a case in which a man suspected of

738
00:47:43,599 --> 00:47:46,800
a hate motivated offense was grilled about his relationship with

739
00:47:46,840 --> 00:47:49,400
the black neighbor. Did he ever have dinner with her,

740
00:47:49,480 --> 00:47:51,360
invite her for a picnic, or go with her to

741
00:47:51,400 --> 00:47:54,719
a movie? It's quite likely that the magazines and books.

742
00:47:54,880 --> 00:47:57,880
It's quite likely that the magazines and books of defendants reads,

743
00:47:58,360 --> 00:48:05,039
presents or past memberships in present or past memberships in organizations,

744
00:48:05,079 --> 00:48:07,719
religious and political beliefs, as well as those of family

745
00:48:07,760 --> 00:48:11,719
and friends, could become subject to inquisition and discovery and

746
00:48:11,800 --> 00:48:14,880
has reason. Article Jacob Solom quotes Kevin O'Neill who wrote

747
00:48:14,880 --> 00:48:18,360
the American Civil Liberties Union's brief against the Ohio hate

748
00:48:18,400 --> 00:48:22,239
speech law. Although different from hate crime legislation because it

749
00:48:22,280 --> 00:48:25,880
penalizes his speech unrelated to criminal conduct, the law raises

750
00:48:26,320 --> 00:48:30,840
related civil liberties issues. O'Neill says, our basic concern about

751
00:48:30,840 --> 00:48:34,719
hate crime's legislation in general, and Ohio's ethnic intimidation law

752
00:48:34,960 --> 00:48:37,760
in particular, is that it is an effort by government

753
00:48:37,840 --> 00:48:41,360
to punish people for their ideas. Indeed, it is no

754
00:48:41,440 --> 00:48:44,840
amount of weaseling or double talk can obscure the fact.

755
00:48:45,599 --> 00:48:49,400
Obscure that fact George Rowell himself could not have imagined

756
00:48:49,840 --> 00:48:53,719
as diabolical a scenario for the legitimization of thought crime

757
00:48:53,880 --> 00:48:58,400
in a supposedly free society. Then we have a bunch

758
00:48:58,440 --> 00:49:09,280
of a bunch of citations here looking for the San

759
00:49:09,360 --> 00:49:13,079
Francis one. Sam Francis One was from The Washington Times

760
00:49:13,119 --> 00:49:19,800
February fourth, nineteen ninety two, entitled feeding hate to the

761
00:49:19,920 --> 00:49:25,199
crime Colossus. Huh. All right, well that's the end of

762
00:49:25,280 --> 00:49:28,719
chapter two. We finished off chapter one, got into chapter two.

763
00:49:29,039 --> 00:49:32,639
Chapter three will be the prevalence of hoaxes and fabrications.

764
00:49:34,039 --> 00:49:36,480
If you enjoyed this and you want to get these

765
00:49:36,559 --> 00:49:39,960
episodes early in ad free, head on over to Freemammy

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00:49:39,960 --> 00:49:42,800
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get RSS fees through substack and Patreon, Gumroad. You can

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00:49:48,760 --> 00:49:51,679
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769
00:49:51,719 --> 00:49:54,480
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770
00:49:54,480 --> 00:49:57,800
Star or my website, I signed you the file. All right,

771
00:49:58,519 --> 00:50:02,840
that's it, see you for part three. Take care,

