You Sure Are Ugly!

About two or three times a week some genius sends me an e-mail saying something to the effect of, “Boy you’re a moron — and you’re ugly too!” Which is pretty much the level of sophistication offered by the Blog You folks. I think Al (no last name that I could find), has the best observation about Blog You,

I expect critics to have a basic working knowledge of the subject matter they are critiquing. By spouting meaningless cliches such as ”the drastic limitations of Manila” (come on, boys; tell us how you really feel about Manila. Oh, wait; you have- repeatedly) and nit-picking at spelling errors while ignoring their own, they have done little but reveal a lack of understanding of the tools and techniques that make up the modern weblog. I expect that with as much time as these young men seem to have on their hands, that they will have plenty of chances to educate themselves on these issues before attempting a project of such scale again.

I give Tom and Ed a ”5” on Al’s 10 point scale. I award them points for audacity and bravery in the face of the daunting task of reviewing the vast arena that makes up art form of weblogging, along with a bonus for hubris. I take points away for a lack of deep knowledge and empathy; these are gifts that experience, hard work, and time will bring them as they continue with this project.

Besides which they’re apparently too busy to realize that at least one of the sites they dog for being another boring Manila site isn’t actually hosted with that software. Don’t they teach reading for content in American high schools anymore?

Hate Crime Laws — They’re Not Just for Bigots Anymore

The Oregonian reports on efforts by an Oregon state senator to get rid of hate crime laws in that state. Gary George introduced a bill in the legislature that would greatly expand the number of crimes covered by Oregon’s hate crime laws. George would add crimes committed by eco-terrorists and anti-capitalists to the list of hate crimes.

The Oregonian sums up George’s views writing, “George, however, says that if criminals can be singled out for enhanced penalties if they are motivated by racism or anti-religious sentiment, he sees no reason not to include crimes against such embattled groups as fur farmers.”

Rather than see people who smash windows at fur shops get extra time in jail, however, George’s point is that it is possible to define pretty much any crime as a hate crime. The statute of his proposed bill defines anti-capitalist hate crimes, for example, as “a hatred of people who subscribe to a set of political beliefs that support capitalism and the needs of people with respect to their balance with nature.”

But while George sees this as a way to undermine hate crime bills, in fact other people are seriously attempting to use hate crime bills to go after people who commit crimes motivated by political ideology. Late last year, for example, prosecutors in Utah attempted to prosecute an animal rights activist under Utah’s hate crimes law.

Activist Eric Ward had been arrested and charged for misdemeanor trespass at a demonstration against a fur store. Utah’s hate crimes laws provides additional prosecutorial power if an individual or group attempts to intimidate or terrorize individuals from exercising their constitutional rights. Prosecutor Howard Lemke reasoned that this is precisely what Ward was attempting to do when he trespassed, and charged Ward with a felony provided for by the hate crimes bill.

Ward’s prosecution fell through for one reason — although the constitutionality of Utah’s hate crime statute is in question, a federal district judge had earlier dismissed charges against alleged white supremacists charged under the bill and made it clear in his ruling that he considered the law unenforceable as written. The Utah legislature had attempted to fix the problems with the law after that ruling, but it remain unchanged as of December 2000.

The broader issue raised by the actions in Utah and Oregon is this — can political ideology be the basis for hate crimes? Could a state such as Oregon, for example, create a hate crimes bill that gave higher sentences to anti-World Trade Organization protests?

Assuming that the Supreme Court upholds hate crime laws themselves — it currently has before it a case that should decide the matter once and for all — then applying additional penalties based on political ideology will almost certainly pass muster as well. The likely test will be whether or not the additional penalties meet a compelling state interest, and prosecutors would be able to produce a great deal of evidence about animal rights activists or anti-WTO protesters to bolster their case that the state has a compelling interest to curb violent activities.

It will be interesting how the Left responds to such developments. Some conservatives and libertarians have long argued against hate crime laws on the grounds that they provide additional punishment for what a convicted criminal thinks. The standard retort to this is that the criminals are not being punished for what they think. Hate crime laws only apply to people who have already been convicted of a crime, after all, and merely increase the penalties against those whom society has deemed it needs extra protection (and who would argue with the claim that a person who would murder another based solely on skin color rather than, say, greed, isn’t more dangerous?)

The problem with this argument, of course, is that those making it always assume that they will be the ones deciding which ideas are especially dangerous. Hate crimes laws return the issue of which speech is to be punished, when uttered in conjuction with the comission of a crime, to the political arena where is a very bad place for it to be. A better approach would be to get rid of such laws and return to judges more sentencing discretion so they can take into account such aggravating circumstances.

Source:

Senator questions laws against hate crimes. The Oregonian, February 10, 2001.

Utah’s Hate-Crime Law Enjoys Short-Lived Revival. Stephen Hunt, The Salt Lake Tribune, December 10, 2000.

ELF Terrorist Pleads Guilty

Just weeks after Earth Liberation Front activists burned down luxury homes in Long Island, New York, Newsday and ABC reported that 17-year-old Jared McIntyre secretly plead guilty to the crime on February 10. McIntyre is reportedly working with authorities in identifying those who helped him commit the arsons.

McIntyre is believed to have been one of four individuals — all juveniles or young adults — responsible for a string of arsons committed in the name of the ELF. In all, nine homes under construction were burned, while there were 10 other incidents of property destruction in New York’s Suffolk County, including the destruction of a field containing genetically modified corn.

As is typical with Animal Liberation Front/Earth Liberation Front crimes, McIntyre was a part of a self-contained cell that committed crimes in the name of the ELF, but likely had no contact with any larger organizational structure. According to news reports, the FBI believes there may be a larger structure to the ELF, but this is likely wishful thinking on the part of the FBI.

McIntyre met his fellow terrorists at an animal rights rally in Port Jefferson, New York, in October 2000. They then downloaded instructions on how to carry out arson from an ELF web site. When McIntyre’s house was searched, police found spray paint and explosives.

McIntyre reached a plea agreement whereby he plead guilty as an adult to a charge of arson rather than risk a trial where he would have likely been charged with constructing bombs, possession of explosives, criminal conspiracy and other crimes. Meanwhile McIntyre’s agreement to plead guilty to adult charge means prosecutors don’t have to go through lengthy hearings trying to move his case from juvenile to adult court.

Source:

Teen guilty of arson. Newsday, February 11, 2001.

A green crusade erupts in flames. Tom Kenworthy, USA Today, February 14, 2001.

Sexual Slavery in the Sudan

In a recent column for the Village Voice, Nat Hentoff urged the incoming Bush administration to take seriously the long standing reports coming from Sudan of the use of rape and sexual slavery as a weapon of war by the government there.

Ever since it achieved independence, Sudan has seen almost constant civil war. The war falls along geographical and religious divides with the Muslim majority in northern Sudan squaring off against the Christian and animist majority in the south. The government of General Omar Hassan al-Bashir is overtly Muslim, but faces numerous rebel movements in the south.

It has long been known that al-Bashir’s government tolerates the enslavement of Christians and animists, and several American organizations have caused a great deal of controversy by raising money to buy the freedom of slaves in Sudan.

Hentoff writes about recent Christian Solidarity international report that the government’s Popular Defence Forces “systematically gang-raped and enslaved black African women and girls during and after slave raids on villages in southern Sudan…”

Hentoff quotes CSI’s John Eibener saying,

It is the custom for PDF troops to gang-rape enslaved women and girls, and execute those who cannot walk quickly during the forced marches to the north. Once in the north, the slaves are divided amongst their masters and are routinely subjected to beatings, sexual abuse, work without pay, and forced conversions, according to successive United Nations Special Rapporteurs.

Allegations of just such atrocities focused the world’s attention on the conflict in Kosovo, but at least in the United States there has been very little about the ongoing use of slavery and rape by combatant’s in Sudan’s civil war (and a lot of the stories that do make the mainstream media focus on the controversy over Christian efforts to buy Sudanese slaves their freedom).

Source:

Gang rape in Sudan. The Village Voice, February 7-13, 2001.