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The ACLU has a long record of support for stronger protection of both free speech and civil rights. Those positions are not inconsistent. In fact, vigilant protection of free speech rights historically has opened the doors to effective advocacy for expanded civil rights protections.
*The ACLU appreciates the sponsors’ inclusion of the evidentiary provision that prevents the hate crimes legislation from having any potentially chilling effect on constitutionally protected speech. The evidentiary subsection in the bill provides that:
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Evidence of expression or association of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing the impeachment of a witness.
*Evidence of expression or association of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing the impeachment of a witness.
This provision will reduce or eliminate the possibility that the federal government could obtain a criminal conviction on the basis of evidence of speech that had no role in the chain of events that led to any alleged violent act proscribed by the statute.
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On its face, the hate crimes bill punishes only the conduct of intentionally selecting another person for violence because of that person’s race, color, national origin, religion, gender, sexual orientation, gender identity, or disability. The prosecution must prove the conduct of intentional selection of the victim. Thus, the hate crimes bill, like the present principal criminal civil rights statute, 18 U.S.C. § 245 (“section 245”), punishes discrimination (an act), not bigotry (a belief).
On its face, the hate crimes bill punishes only the conduct of intentionally selecting another person for violence because of that person’s race, color, national origin, religion, gender, sexual orientation, gender identity, or disability. The prosecution must prove the conduct of intentional selection of the victim. Thus, the hate crimes bill, like the present principal criminal civil rights statute, 18 U.S.C. § 245 (“section 245”), punishes discrimination (an act), not bigotry (a belief).
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As I have noted countless times, why doesn't the media challenge the deliberately false statements of people like Barber, James Dobson, Tony Perkins, etc. Exposing liars isn't anti-religion and, in fact, supports the Commandment against lying and bearing false witness.
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