-Caveat Lector-

The following article makes me wonder if the segment of society
upon which the government is declaring war (white heterosexual
males) will be compensated in some way - say by lower income
tax rates or exemption from any future military draft.  After all,
those who lack full citizenship shouldn't bear the full burdens
required of "real" citizens.

http://www.jewishworldreview.com/cols/greenberg1.asp

Jewish World Review Feb. 2, 2001 / 10 Shevat, 5761
Paul Greenberg

Annals of 'thoughtcrime'

THE DEBATE over a proposed hate-crimes law here in Arkansas is
growing as confused and surreal as the concept of hate crime
itself.

The state's attorney general, Mark Pryor, explains that the law
would punish only conduct -- not thought.

Can he have read the law he's proposing? It specifically increases
the penalties (by exactly 20 percent) for crimes motivated by
prejudice. What is prejudice but a state of mind -- of thought?
What we have here is a concept that George Orwell named in
1984: "thoughtcrime.''

Not all prejudices would be equal under this law. The bill singles
out nine specific, politically incorrect prejudices that would be
punished:

"A person shall be subject to enhanced criminal penalties if the
person purposely selected the victim of a criminal offense because
of the victim's actual or perceived: (1) Race; (2) Color; (3)
Religion;
 (4) Ethnicity; (5) Ancestry; (6) National origin; (7)
Sexual orientation; (8) Gender; or (9) Disability.''

Why not a victim's class, income, dress, political affiliation,
musical taste, sports team (Damn Yankees!), regionalism (Danged
hillbillies!) or eye color? Nope, none of those prejudices are
punishable under this bill. It would still be legal in Arkansas to hate
Republicans.

This law is premised on the assumption that it's not as bad -- it's
20 percent better, actually -- to commit crimes against folks for
reasons other than those specified in the bill. Like greed, revenge,
envy or just general cussedness.

When we punish only some motivations for a crime, we necessarily
privilege other kinds. And we wind up with a dual standard of
justice: political and nonpolitical, "bias crimes'' and just plain, good
old-fashioned, red, white and blue, guaranteed 20-percent-off,
wholesome American ones.

Absurdities soon surface. Like this one: This bill makes it clear
that the 20-percent extra for crimes committed because of a
prejudice against the disabled will not apply if the disability we hate
is (a)
 compulsive gambling, (b) kleptomania, (c) pyromania, (d)
alcoholism, or (e) illegal drug use or disorders resulting therefrom.

Why the discount for those hatreds? One hesitates to guess. This
discussion is already sufficiently absurd. Which is the risk one
runs when one discusses an absurd law.

Back in the real world, it's clear enough, despite the neutral
language of the bill, that this law is intended to afford special
protection only to special kinds of Americans -- mainly ethnic,
racial, religious, and sexual minorities, plus the majority sex,
formerly the fair sex.

The bill is only ostensibly neutral. Its word games should have a
familiar ring in these latitudes. After all, the ostensibly neutral
language of states' rights (''separate but equal'') was once used to
discriminate against certain Americans. We were all separate but
equal back then, but some were definitely more equal than others.

The language of this law may be new -- it's even popular and
politically sophisticated -- but the intent is old: To punish the same
crimes more harshly when they're committed against the wrong
people. Just as black-on-white crime used to be punished more
harshly than black-on-black crime. Now we've reversed that
standard. But reverse discrimination is still discrimination.

Why not just leave the degree of punishment for vicious crimes
where it belongs -- with judges and juries -- instead of delegating
that decision to pressure groups that would make the law a
respecter of persons? Or rather a respecter of their race, color, sex
or disability.

Here is another entry in the absurdity department: The executive
director of the American Civil Liberties Union here in Arkansas, Rita
Sklar, doesn't object to this bill because it codifies the concept of
thoughtcrime. That would make too much sense.

No, she wants to change the bill to make certain that any
thoughtcrime is proven by due process. She would insist that,
before these additional penalties were handed down by a judge, the
evidence would have to show a direct link between the prejudicial
thought and the violent deed.

This is what American civil liberties have come to in the hands of
our professional civil libertarians: We're going to punish people for
bad thoughts but, by golly, we'll do it with every regard for legal
procedure. We'll require evidence!

What kind of evidence do you think that would be -- entries in a
diary, chance remarks in conversation, dirty looks given people of
another race, religion, sexual orientation, or disability? And what
counterevidence could be introduced? (''Why, your honor, some of
my best friends are . . .'') Is this a serious debate or a scene from
the cult movie Brazil?

One state senator spoke of amending the bill to make it clear that
rape would not be considered a hate crime. What is it then, a love
tap? A hateless crime? A 20-percent-off special? The absurdities
multiply.

Maybe what we have here is a variant of the old Soviet system of
political versus merely personal crimes. (''Don't shoot me -- I'm a
crook, not a capitalist!'') In this case, the defense would be: ``I'm
only a rapist, not a hater!''

George Orwell was way ahead of us. His hero in 1984, poor
Winston Smith, would understand this kind of ``law'' perfectly. He
was guilty of a hate crime: He didn't love Big Brother. What's more,
he knew he would be caught and punished as soon as he started
expressing subversive thoughts in his diary. It was only a matter of
time before thoughtcrime would lead to hate crime.

How would this Grand Arkansas Hate Crime Statute and Election
Ploy work? Well, if you're lucky enough to assault a guy of the
same race, religion or ancestry, or even with the same disability,
you might not be assessed an additional penalty. But mess with
somebody different from you in these nine enumerated, politically
relevant ways, and, boy, you in a heap o'trouble.

It all sounds eerily familiar for those of us who grew up in the
Furious Fifties. It's like looking at a photograph with the colors
reversed. No cambia nada, as the Italians say. Or to put it in plain
Suthuhn, nothin' changes but the date on the calendar. And the
complexion of the voters.

Paul Greenberg Archives

©2001, TMS

--
    If a man is considered guilty for what goes on in his
    mind, give me the electric chair for all my future
    crimes. --Artist formerly known as Prince

    Now the anti-semites and all the other hate mongers
    are crawling out from under their rocks, and Academia
    does not have the ammunition to argue against them.
    Academia cannot argue the rational principle that
    hatred of any group does not make sense; they dumped
    that when they dumped logic (as a "male" perversion).
    The argument between left and right now consists only
    of debating which are the correct groups to hate. -
    Robert Anton Wilson

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