The Pete Quiñones Show - Pete Reads 'Crying Wolf: Hate Crime Hoaxes in America' by Laird Wilcox - Part 2

Episode Date: September 28, 2024

50 MinutesPG-13Pete continues a reading of Laird Wilcox's 1994 book, 'Crying Wolf: Hate Crime Hoaxes in America.' He completes chapter one and covers all of chapter 2.Antelope Hill - Promo code "peteq" for 5% off - https://antelopehillpublishing.com/FoxnSons Coffee - Promo code "peter" for 18% off - https://www.foxnsons.com/Pete and Thomas777 'At the Movies'Support Pete on His WebsitePete's PatreonPete's SubstackPete's SubscribestarPete's GUMROADPete's VenmoPete's Buy Me a CoffeePete on FacebookPete on TwitterBecome a supporter of this podcast: https://www.spreaker.com/podcast/the-pete-quinones-show--6071361/support.

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with vouchers from Trump Dunebag. Search Trump Ireland gift vouchers. Trump on Thunbeog, Cush Faragea. I want to welcome everyone back to part two of my reading of Laird Wilcox's Crying Wolf, Hate Crime Hoaxes in America. Just remind you, Thomas and I do, we watch movies and comments on them and talk about the culture of the time, how it relates to our culture now. And the last one we did was the Warriors from 1979, a real cult classic, but an awesome movie. You can find those at, you can find links to where they are at freemambionthewall.com

forward slash movies. All right. Let's get into this. The wrap up on chapter one is going to be very fast, and then we'll jump into chapter two. And I think chapter two is rather short. So, yeah, let's see how far we get. New heading, hate groups in America. In 1980, the U.S. Commission on Civil Rights contracted with the Anti-Defamation League to produce a report on extreme right hate groups for a $20,000 fee. The ADL hardly needed the fee, but was thrilled at having the implied endorsement of a government agency for one of its reports. This did not work out so well, however. Last time I told you about the ADL's budget, and I think it was, say it was something like 60 million back then. They claim now it's 101 million. No, it was 34 million then. They claim it was, they claim now it's 101 million. They had, they claim 400 employees back then. They claim 501 employees now. So it doesn't look like it's,

grown massively, especially when you consider inflation and things like that, but power-wise, I think, you know, you'd have to admit that's a different story. After the report was published, a commission rejected a decline to publish it on several grounds. A letter dated March 8, 1982 from Paul Alexander Acting General Counsel of the Commission to John Hope III, acting staff director gave the following reasons, quoting, I would like to raise several policy considerations. The ADL report does not in any way resemble a standard USCR report. It is not a dispassionate attempt to present a balanced accounting of facts. The Commission previously has had no difficulty in publishing reports containing defamatory information

when it was verifiable and necessary to the report. Our voting rights report is the most recent example. In that report, however, we did not find it necessary to mix epithets and emotionally laden labels with the facts. The ADL report is ranked with epithets and labels that only serve to distort the factual accountings of the KKK and similar organizations. The liberal use of hyperbolic epithets throughout the ADL draft sets a tone that probably precludes correction through simple adjectival laundering. The alleged inaccuracies and misrepresentations noted by the respondents present very serious problems. If they are at all representative, the report probably contains many inaccuracies.

It is doubtful that the report could survive the normal process of a source check, as there does not appear to be sufficient date data to support the allegations. Alexander further noted that the ADL reported boarded on jingoism. Although the USCR wisely declined to lend his name to the report, the ADL published it anyway, with epithets, emotionally-laden labels, and jingoism intact. Like all ADL publications on the people and groups that it hates, its tone is one that encourages contempt for the civil liberties of its subjects and treats them in a dehumanizing matter.

Behavior as the ADL purports to oppose. The report has now appeared in several editions and has widely circulated to journalists and police departments. They accuse others of what they do. Always. Always been the remote. Hate group membership, new heading. If determining the extent of anti-Semitism, racism, or hate crimes is problematic,

consider determining the strength of anti-Semitic and racist groups. Some of the most wild speculation has been made in this area. At a time when the ADL estimated nationwide KKK membership at roughly 12,000, a St. Louis TV station claimed a fantastic 50,000 members in Missouri alone. In this case, the ADL's estimate is much closer to the truth, though it probably didn't take into account several multiple memberships. Some clansmen belong to several clans and a few carry cards from virtually all of them. According to the ADL in 1990, the various Ku Klux clan organizations had a combined membership under 4,000, down from 45,000 in 1964, and 12,500 in

1981. In 1987, during a period of growth, the ADL estimated hardcore neo-Nazis at no more than 400 to 500. The much-publicized skinheads recently estimated at 5,000 nationwide are almost certainly no more than a third of that. Determining who is and who isn't a neo-Nazi racist skinhead involves a lot of pure guessing. A recent possible hoax in Denver initially focused on the local skinhead population and an estimate of 200 was made, a great surprise to bona fide Denver racist groups. Many bikers adopt the skinhead appearance while having no affinity for their views, and there are many anti-racist skinhead groups around. The actual number of bona fide racist neo-Nazi skinheads in Denver is probably under 25. At the time of Kansas City KKK group made national news in 1988 with

its plans for a public TV show, it had only two members. Speculation had ranged as high as a hundred and rumors of alleged KKK vandalism and cross-burnings spread through the community. groups like the posse comitatis attained almost mythical proportions in the early 1980s with estimates as high as 40,000 given by irresponsible writers. This was absolute fantasy, although Jim Wickstrom, posse leader claimed the incredible figure of a million and a half. Having talked with police agencies, journalists, farmers, and local officials,

and with posse members themselves, I seriously doubt if more than a thousand serious posse activists ever existed at any one time. The posse was never tightly organized. and the national group was primarily a literature distribution group, local groups were autonomous, and virtually anyone could claim membership and be believed. In Kansas, for example, state police officials monitoring farm auctions in the early 1980s made the incredible mistake of estimating posse presence in one case

by noting that a posse activist was present, and he had 30 or so people gathered around him reading the literature he passed out. Hence, there was a posse presence in the neighborhood of 30 at the auction. A single individual distributing posse literature in several stations and restaurant restrooms caused near panic in one county. The situation got so far out of hand in 1985, three Kansans filed a civil rights lawsuit against Kansas Attorney General Robert Stephen for creating the posse comitatis to further his political career. A suit brought on behalf of Frida Steele, James Steele, and Harold Hovander, all rural Kansas residents, charged that unnecessary. police powers were utilized during a repression action against Mr. Steele, which included, quote, air support in a small army of Kansas Bureau of Investigation assets, Kansas Highway Patrol

troopers, sheriff's deputies, and local police personnel, all heavily armed as for combat, who descended on said farm like an invasion force. Among the various problems in determining memberships and groups is the fact that is the fact that claims by the groups themselves can't be believed uncritically. Invariably, they will exaggerate their own strength. Both Ku Klux Klan and groups routinely distort KKK's power, influence and threat to the established order. Also, in most cases, the membership list and the mailing list are usually two distinct entities. Kukklaq's Klan organizations have maintained large complementary mailing lists in the past, although that practice is faded for reasons of economy. Some groups don't have members as such, only people who

who received their mailings and others make no distinction between members and people who write and ask for information. A few groups even send out blank membership cards with their solicitation letters. In 1984, a terrifying right-wing Halstead, Kansas organization with a creative name of the Farmer's Liberation Army, was finally determined to have one member, founder Keith Shive. Anti-racist groups took the organization very seriously in references to it appeared in the national press. Shy was absolutely delighted with the response. Similar cases involving alleged paramilitary constitutional patriot and tax protest groups consisting of one or two members are not uncommon. A creative trickster with access to a photocopy machine can create havoc in the community

with the help of a properly sensitized local media on the watch for witches to burn. Robert DePue's Kansas City area-based paramilitary Minutemen organization of the 1916. 60s suffered from similar distortions. Primarily a paper operation with a handful of activists, a pew teuped topped out at 500 members, most of whom were essentially inactive literature collectors and several of whom were government agents. Media estimates ranged in the thousands. By 1968, the FBI had refined its intelligence on the group to the point where they

stated that there were less than 50 persons upon whom Minuteman leaders can call for overt action. My own subsequent investigation suggested a more realistic figure of under a dozen. During the McCarthy era, by the way, the membership of leftist groups, including the Communist Party itself, was similarly exaggerated. Probably. You catch them in the corner of your eye. Distinctive. By design.

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Ireland Limited. Subject to lending criteria. Terms and conditions apply. Volkswagen Financial Services Ireland Limited, trading as Cooper Financial Services is regulated by the Central Bank of Ireland. Ready for huge savings? Well, mark your calendars. from November 28 to 30th because the Liddle Newbridge Warehouse Sale is back. We're talking thousands of your favourite Liddle items all

reduced to clear. From home essentials to seasonal must-habs. When the doors open, the deals go fast. Come see for yourself. The Liddle New Bridge Warehouse Sale 28th to 30th of November. Lidl, more to value. Discover five-star luxury

at Trump Dunebag. Unwind in our luxurious spa. Save her sumptuous farm fresh dining, relax in our exquisite accommodations. Step outside and be captivated by the wild Atlantic surrounds. Your five-star getaway, where every detail is designed with you in mind. Give the gift of a unique experience this Christmas with vouchers from Trump Dunbeg. Search Trump Ireland gift vouchers. Trump on Dunbiog, Kush Faragea. Ah, here we go. The Southern Poverty Law Sensor In February 1992, USA Today reported that Klan Watch, a subdivision of Morris D's Southern Poverty Law Center,

had identified a total of 346 white supremacist groups operating in the USA, up an alarming 27% from the past year, included were 97 KKK and 203 alleged neo-Nazi groups. This figure is outrageously inflated. What Klan Watch apparently did is locate any mailing address they could find, including the large number of PO box chapters maintained by several organizations, police, government agencies, and private groups monitoring the clan. They probably listed many groups whose actual affiliation is neither KKK or neo-Nazi and who would argue with a designation of white supremacy.

This writer publishes an annual directory of these groups and companion directory on the left and can attest to the irresponsible inflation of Klan Watch's numbers. In terms of viable groups, not one or two man local chapters, with more than a handful of members, the actual figure is a combined total of 30, a far cry from 346. Unfortunately, this is this kind of exaggeration is typical. Obviously, if you're an organization who is crying wolf all the time and you rely on, well, if you rely upon donation, crying wolf is a great way to get it. I mean, I think any of you know how I feel about Dave Rubin, but Richard Lewis, the now elderly Jewish comedian, was on his show and was talking about the ACLU and it was a Southern

Poverty Law Center, I believe, and how, you know, oh, I've always given money and like, to his credit, Dave Rubin schooled him on it. It's like this, he goes, maybe at one time they did good work. He goes, but not now. Now they're just there to shut down speech. So we know they're there to do more, but, you know. The Southern Poverty Law Center has been faulted on other grounds as well. In February 1994, the Montgomery advertiser ran a series of articles exposing various aspects of the SPLC, including its questionable fund.

tactics and other dishonest practices. I know I'm shocked. Among the issues raised were the SPLC has reserved funds of 52 million, just what the law center does with all that money is a source of concern. Some who have worked with Morris D's column a phony, the television evangelist of civil rights who misleads donors. For 15 years, people throughout the country have sent millions of dollars to the SPLC to fight the KKK and other supremacists, but critics say the law Center exaggerates the threat of hate groups. The SPLC responded to the series with a number of veiled threats in charge that it was a hatchet job. Nevertheless, the series was widely praised and is regarded as a model for courageous objective reporting. The SPLC legal offensive.

In 1987, D's and the SPLC made national headlines with a civil judgment against United Clans of America and two of its members for the 1981 slaying of a black teenager. unable to afford competent counsel in the complicated matter, the UCA was forced to turn over all of its assets and went out of business. At issue in that trial was the liability of the U.K.A. for the acts of its members. Had this doctrine that organizations are responsible for the acts of their members been established as the legal president in the 1960s, it would have decimated the early civil rights movement and would have bankrupted the NAACP and Corps, both of which this writer belonged. to. Even the labor movement and the anti-war movement could have been crippled by lawsuits arising from the violent acts of some of their participants. Suppose a black activist group was hit with a

$7 million judgment because one of its members killed someone in the Watts riots. This sounds far-fetched, but had the D's precedent existed, then it could have happened. Conscientious civil libertarians, although they disdain the Ku Klux Klan and neo-Nazi groups, also disdain unfair and underhanded methods used to go after them in the courts. The SPLC proclivity to use civil suits, where constitutional protections are minimal, against poor, working class, and often semi-literate clansmen who are unable to afford counsel has been compared to shooting fish in a barrel. I know about the whole semi-literate thing.

He threw that in there on his own, but I don't know. The issue, of course, is a classical moral one, i.e., whether the ends justifies the means used to accomplish them. Most moral philosophers would say that the means indirectly determines the ends, and that unjust means necessarily leads to unjust ends. Another D's civil case involved three neo-Nazi skinheads who killed a black man during a November 1988 fight in Portland, Oregon. The skinheads pleaded guilty in her serving long prison sentences. This was the end of the matter, however. This was not the end of the matter, however. Morris D. is in the SPLC with the cooperation of the ADL, filed civil suits on behalf of victims' family. None of the skinheads were worth suing,

so Morris D. sought a judgment against Tom and John Metzger and their white Aryan resistance organization to which the skinheads allegedly belonged. The Messkers, it was agreed, did not even know the men who committed the crime, nor had they directed their actions. The issue was whether by virtue of the messrs' attitudes, opinions, and beliefs, they had somehow motivated the killers. The Messkers and war had minimal assets, not nearly enough to even cover the cost of the lawsuit. Ds and the ADL were clearly trying to put war out of business. The messengers were, of course, unable to afford counsel and attempt to defend themselves. After a long trial before a judge with one year of experience, a tired jury found against the messkers in October 1990 and awarded the victim's families

an enormous settlement. A subsequent appeal was denied, largely because the messkers, with no legal training, had failed to bring up specific objections during the trial. At one point, when Tom Metzger attempted to pay for a transcript of the trial with donated funds in order to prepare the appeal. The appeal, D's garnished a payment, thus impending their efforts. Do you see how they play? I mean, wasn't it, was it Ian Smith, who has the New Jersey gym who during COVID, they closed it down? And he raised money, I think, on GoFundMe? and the government seized it.

It may not have been Ian Smith, but this definitely happened in 2020 where, I mean, the government just stepped in and seized it and said, no, no, you're not getting money from the public to defend yourself. Yeah, that's where we are. That's where we are.

But I'm sure if we just ignore it and we talk about how bad they are, you know. Criticism of Ds does not come from right-wing sources alone. In a column appearing under the banner of the Los Angeles Times-Washington Post News Service, Ray Jenkins, a writer for the Baltimore Sun, noted that while the state of Oregon lacked evidence to put Metzger on trial for murder in the case, what Morris Deeds did was to, quote, convert the civil law whose basic purpose is to settle disputes between individuals into an arm of the criminal law. In legal abracadabra,

the standard of proof in civil cases, usually only preponderance of evidence, is a good deal easier to meet than the higher standard of guilt beyond the reasonable doubt required in criminal prosecution. Let's not forget, there are cases on record where civil law was tortured into criminal law to punish communists in the 1950s, then civil rights groups, including the National Association for the Advancement of Colored People, in the 1960s. That's why you need your own. It's why you need people who are sympathetic to you in power. An unnamed philosopher once said to beware of those in whom the urge to punish is strong. The zealous and vengeful nature of those self-appointed hate crime vigilantes so quick to abuse long-established legal processes designed to protect the civil rights of all citizens renders them as dangerous as the hate groups they claim to oppose, and perhaps even more so in that they maintain an image of legitimacy.

Militancy and fanaticism in any pursuit, even one that is objectively laudable on its face, is bound to produce results that are injurious in the long run. Whoever fights monsters should see to it that in the process, he does not become a monster. And if you gaze long enough into the abyss, the abyss will gaze back at you. Friedrich Nietzsche 1878. All right, here's all the, um, scrolling by all the references for, for that first chapter, of which there are 58. All right.

Chapter 2, Hate Crimes Legislation. You catch them in the corner of your eye. Distinctive, by design. They move you, even before you drive. The new Cooper plugin hybrid range for Mentor, Leon, and Teramar. Now with flexible PCP finance and trade-in boosters of up to 2,000 years. search Coopera and discover our latest offers. Coopera. Design that moves.

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If membership figures for anti-Semitic and racist organizations are hard to determine, and data on incident-to-incidents murking and conflicting, Statistics on so-called hate crimes are problematic as well. In 1990, Congress passed legislation based on the ADL's model hate crimes reporting statute requiring the United States Attorney General to set up a system for collecting statistics on hate crimes known as the Hate Crime Statistics Act. In addition to serious crimes such as murder, arson, and manslaughter, relatively minor offenses such as simple assault, intimidation, and vandalism, which includes graffiti, were to be included in the tabulation. The legislation contained no provision for reporting incidents that turn out

to be hoaxes as such. When an incident is discovered to be a hoax, it might be dropped from the statistics, or it might not. Even more disturbing, the legislation contained no provision to exclude unsolved offenses, many of which are probably hoaxes. Offenses having the mere appearance of a hate crime or to be reported as such calling unsubstantiated telephone, including unsubstantiated telephone threats, anonymous graffiti, and unproven claims of name calling. Local police departments quickly stepped in line. The LAPD adopted a policy that classified all hate crimes as category one crimes, like felonies, with named suspects.

Robert Vernon, LAPO assistant chief of police, LAPD assistant chief of police, announced that even misdemeanor offenses such as alleged threatening phone calls or malicious mischief would be aggressively investigated by police. In 1991, FBI Director William Sessions announced that the implementation of the hate crimes program will continue to be a top priority of the FBI. However, Sessions also commented that while there appeared to be an increase in hate crimes, the bribes may be due partly to required reporting. The decision to even classify incidents as racially motivated is fraught with issues of subjectivity and bias. Although racially motivated seems to be a neutral term, it is not. In practice, it's been a code phrase for crime by white and not black racists. It creates the anomaly of a white youth receiving a stiffer sentence,

for mere graffiti on a black business than a black youth might receive for burglary of its owner. That's just a little narco-tirony going on here. Racially motivated is a legal distinction that justifies preferential statuses and discriminatory punishments. In many cases, the law actually provides for civil penalties and damages, which actually encourages hoaxes and fabrications. More importantly, we are in grave danger of institutionalizing a double standard where some citizens are accorded special protections based entirely on their race while others are penalized for theirs. A problem in the civil rights movement originally sought to redress. A dramatic example of that double standard was illustrated in the 1999 Dartman case in New York.

Dartman was a black man who went around Manhattan shooting blowgun darts into women's behinds. Although all of Dartman's two dozen plus victims were white, including two light-skinned Hispanic, it was reported that authorities do not think race is a factor. 1990. Police are quoted, that's me commenting saying this happened in 1990. Now, what, he get a medal? Police are quoted as saying that they have no reason to believe the attacks are racially motivated. However, in New York City's diverse racial mix, the odds of picking two dozen white women at random

are the order of winning Lotto America. Imagine for a moment what the conclusion would have been if the dartman was white and all of his victims would have been black. Quite another story, isn't it? Imagine if the roles were reversed. The selective police attention to alleged hate crimes is shadowed by selective media in attention to hate crime hoaxes. Many hoaxes are only reported to the local media and die when they reach the wire services. I've also been told that a fair number are simply spiked once their nature is ascertained out of sensitivity to minority concerns, or so as not to give ammunition to racists. Absence some kind of clipping service, a network of local monitors or the intelligence capability of the American law enforcement community,

one is at a considerable disadvantage researching this subject. There could be a much bigger story here than initially appears. In Kansas City, for example, Terence Weaver defaced a wall near a major art museum with racist and anti-Semitic graffiti in September 1989. He was observed, chased and apprehended. The local newspaper reported the incident as a hate crime, along with the interesting fact that the perpetrator had checked himself into a local mental hospital immediately after his arrest. The incident quickly faded and no more was heard of it. The Kansas City Star has declined to pursue the manner. My own investigations developed that this young man was well known to local leftists and that he had talked of a plot to entice all KKK and neo-Nazis to a meeting and

then blow up the building and kill them. He was, in fact, not racist, but anti-racist. Kansas City police sat the case, and local anti-fascist activists seemed to be holding their breath until the story faded into the memory hole. If you didn't live in, 1989, okay? If you didn't live in Kansas City and read the local paper, you wouldn't know it had happened. If you hadn't investigated, you wouldn't know it's a probable hoax incident. and there are many cases like this. Are there many more cases? Pardon me. Are there more cases like this?

Probably so. Valid objections to hate crimes reporting act. There are many valid criticisms of the hate crime reporting concept, but by far the most legitimate is that selective reporting exaggerates a phenomenon by calling selective attention to it. If statistics were kept of crimes committed by Methodists or left-handed Democrats, or by service station employees, or of course, crimes against these groups, it would quickly seem to have a serious, it would quickly seem that we have a

serious crime problem in these areas. To answer an objection to this argument from a Jewish friend, I asked what the probable consequences of compiling and publicizing statistics on crimes by Jews in the United States might be so as to draw attention to them. He quickly conceded that it would seriously distort the picture and lead to dangerous false conclusions by singling out a particular group and would be unfair selective attention. Enough said. Civil liberties are traditionally concerned with two issues more than any other. In criminal law, they are concerned with due process issues, i.e., the fairness of the criminal justice system and its adherence to procedural processes that ensure even-handedness and protection for the rights of the accused. In constitutional law, the issue of free speech

overshadows most other concerns, since it is regarded as the bedrock upon which all other freedoms and rightly so. The ADL is acutely aware that too scrupulous and adherence to civil liberties can be counterproductive to its interests. For example, inconvenience standards of evidence in criminal trials may allow individuals they would prefer to see convicted to go without punishment and ritual defamation, hence their clever advocacy of civil action against individuals and groups who offend their interests, whether or not they have been convicted of an actual criminal offense. In civil cases, evidence is allowable that wouldn't get past the door in a criminal case. Among other things, the standard for conviction is merely the preponderance of evidence

and not the more rigorous beyond any reasonable doubt. Simply put, if you can't prove a crime, you may still be able to punish with a civil judgment. Similarly, although they routinely deny it, free speech is troublesome to the ADL. When it includes values, opinions, and beliefs they regard as retrograde to their interests, such as criticism of Jews, Israel, or Jewish institutions. When the ADL condemns anti-Semitism, they are usually condemning some form of expression of values, opinions, or beliefs. Accordingly, while the ADL is officially given muted oppositions

as discredited an unconstitutional hate speech legislation, it has worked mightily to create the climate that produced it. The hate speech in question was a St. Paul, Minnesota, to ordinance outlawing mere expressions of racism and anti-semitism, including speech, writing, art, as well as symbolic acts such as cross-burnings. The United States Supreme Court decided unanimously in June 1992 that the ordinance was in violation of the Constitution. On the other hand, the issue in the ADL's model hate crime statute, which they have successfully lobbied through most state legislatures, and which is being embodied in federal legislation as well, is that certain forms

of speech such as hostility or contempt for racial or ethnic interest groups may not be unlawful in itself, but when expressed in conjunction with a criminal act, such as graffiti, vandalism, or assault, it should result in a mandatory increase in sentence. Hate crime laws. Bonified criminal activity, including violence, is always prosecutable as it should be, but the ADL clearly feels that criminal activity directed against Jews and their clients in the minority community deserves special punishment. However, to make a law singling out a particular interest group for special protection is a touchy subject and consistent civil libertarians attended to oppose the tactic, affirmative action programs aside. So they want, they say criminal activity

directed against Jews and their clients deserve special punishment. If you listen to, if you ever heard me talk about the book, the authoritarian personality, which has the F scale in it, which if you take that test, you can find out if you're a fascist or not, or how prone you are to fascism. You can find it online. One of the questions had to do with, do you think that people who touch children should be punished beyond the law? Interesting, huh? They're worried that that that wanting to, and I go back to Leo Frank, you know, Leo Frank being dragged out of prison and being lynched, that was a problem. But here, if you just say anything, you don't have to act, you just have to say, if you have belief, if you heard my

recent substack talking about how basically total war is war upon belief, then you deserve special punishment. But someone who touches a kid, no, they don't deserve special punishment at all. I always thought it was really weird when I read that one question. Why did the American Jewish committee want that in there? You catch them in the corner of your eye. Distinctive by design. They move you Even before you drive The new Cooper plugin hybrid range For Mentor, Leon and Terramar

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Awee The ADL anticipated that laws outlawing acts directed at specific groups as hate crimes might present constitutional difficulties, particularly the Equal Protection Clause. Such laws may also encourage public perception that special people get special protections, a view that the ADL wishes to discourage. Americans tend to reject group rights and public awareness that the ADL is promoting precisely what could be a public relations wonder. The ADL chose to minimize these complications by focusing its legislative offensive on the sentencing phase of the criminal procedure. This way, one can say that the accused has not been convicted of a special crime designed to provide special protections to special groups, but rather have been convicted of an ordinary crime. Only the punishment is to be more severe because of the circumstances surrounding it. No one is being convicted of a thought crime because of their values, opinions, or beliefs, only sentenced to longer term.

because of them. I've said enough. But why this convoluted tactic? Wouldn't that appellate court, wouldn't the appellate court see the ruse? In 1993, the Wisconsin Supreme Court did exactly that when it invalidated a state law mandating longer sentences and hate crimes. Many civil libertarians applauded this development. Censicing practices are the neglected area of due process. One can see this immediately by noting the wide disparity of sentencing in similar crimes. simple $100 burglary may bring probation in one case in 20 years and another. Factors only marginally relevant to the seriousness of the crime at hand are allowed in the sentencing process, such as the defendant's appearance in court or courtroom demeanor,

the judge's perception of the defendant's repentance, which may say as much about the judge as it does the defendant, or whether or not the defendant pled guilty or had the temerity to demand a trial. In other words, evidence can be entered into a sentencing hearing that would be inadmissible in the trial itself. More than one civil liberty's attorney has cringed at the arbitrariness of sentencing procedures. It could be said with respect to hate crimes that all the penalty enhancement statutes do is formalize the kind of discrimination that is already being occurring on an ad hoc basis. Unfortunately, penalty enhancement makes it mandatory. New heading, racial motivation and sentencing policy.

The particular case that brought this issue before the U.S. Supreme Court in 1993 involved not a white, but a black defendant in a case of aggravated battery. Todd Mitchell was one of a group of black teenagers who severely beat a 14-year-old white boy in Kenosha, Wisconsin in 1989. The group had just seen the film Mississippi Burning, which glorifies the civil rights movement in the 1960s and vilifies its opposition. Not a particularly difficult task. When Mitchell and his gang came upon the victim, Mitchell said, there goes a white boy, go get him. They did, and the boy was seriously injured in the beating that followed. A jury found Mitchell guilty, and he was sentenced to two years in prison, the maximum for aggravated battery in Wisconsin. However, the jury, finding that Mitchell chose his victim on the basis of race, went on to increase his sentence to a maximum seven years or a 350% increase.

paradoxically had Mitchell merely beaten a black person for some other reasons such as wanting his shoes, he would have been so thoroughly, he would not have been so thoroughly savage as sentencing. Two years would be two years and he probably wouldn't have gotten that. Mitchell appealed and the Wisconsin Supreme Court invalidated the longer sentence. They said the state legislature had violated the First Amendment by criminalizing bigoted thought with which it disagrees. civil rights groups and the ADL were outraged. In April, civil rights groups were outraged. In April 1993, Wisconsin Attorney General James E. Doyle argued the case before the U.S. Supreme

Court making the distinction that the case involved conduct and not ideas. As a result of a massive lobbying effort in which the ADL played a major part, 49 other states had filed briefs in support of Attorney General Doyle. The Supreme Court agreed with Doyle and unanimously reaffirmed Mitchell's 350% sentence enhancement. The Supreme Court's reasoning bears special examination. Chief Justice William Rankwist, writing for the court, said that, quoting, A defendant's abstract beliefs, however obnoxious to most people, may not be taken into consideration by a sentencing judge. Rehnquists offered that those beliefs are no longer abstract once they provide the motive for discriminatory action.

Thus, according to his reasoning, a physical assault is not by any stretch of the imagination expressive conduct protected by the First Amendment. Of course it isn't, and no one argued that it was. Physical assaults are and always have been punishable by law. The court decision is, of course, a can of worms. With this logic, it would be possible to legislate penalty enhancement for thieves whose crimes were motivated by a disrespect for private property, or shoplifters whose pilferage was occasioned by adherence to social doctrines that denigrate the virtue of capitalism. Although one might only be convicted of one offense, the net effect may be to get the equivalent of two times a normal sentence. It might as well be double jeopardy, for all practical purposes accompanied by two convictions and two sentences. sentences. However, all may not be lost. If these laws are applied equally to all interracial

hate crimes, broadly defined, they not primarily in the case for minorities or the alleged victims, the intended but denied discriminatory effect against whites may be blunted, perhaps severely. In the end, this may become another nuisance law that has been proven embarrassing to his proponents by... Sorry. Sorry, sir. Nice thought, but... Nope. Unforeseen consequences of hate crime legislation. New York University Law Professor James B. Jacobs has written that the proliferation of hate crimes laws has resulted in apparently unforeseen problems.

Attributing the degree of prejudice or racial animosity necessary to establish a hate crime motive is not the least of the problems. Virtually all interracial crimes may be perceived as a hate crime if the conditions are defined loosely enough. Noting that the original impetus of hate crime legislation was to protect allegedly victimized blacks from victimizing whites, he says, indeed, at some point in the future, some supporters of hate crime laws may be dismayed to find that these laws are frequently used against black offenders. Such a state of affairs may already be on the horizon, according to no less of a source than

the SPLC's Klan Watch. In December 1993, New York Times reporter Peter Applebaum reported Clan Watch said that in the last three years, 46% of all racially motivated murderers tracked by the group were committed by blacks on victims who were white, Asian, or Hispanic. In an unsigned editorial in the comments section of a June 1993 issue of the New Yorker, these concerns were also expressed. With reference to the 1993 U.S. Supreme Court ruling in Wisconsin v. Mitchell, the editorial noted that the black youth who had taken part in the beating of a white youth was essentially being punished because his victim wasn't

black. The editorial also observed quoting, in Wisconsin, where less than a tenth of the population is non-white, half the defendants in hate crime cases have been minorities. A preliminary FBI report on hate crimes earlier this year found that 30% of the offenders whose race was reported were black. However, in another Zinger, the editorial also raised a specter of the old saw. What goes around comes around. He said, now that the Supreme Court has upheld the Wisconsin statute, It is a safe bet that the law enforcement community, which more often than not is largely white and largely conservative, will find black offenders a more attempting target for hate crimes prosecutions. You catch them in the corner of your eye.

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Pongue. What might have been the Civil Rights Establishment's worst nightmare occurred in December

1993 when Colin Ferguson, a black man of Jamaican ancestry, deliberately shot and killed six white passengers and wounded 19 other on the Long Island Railroad commuter train. It was clearly a hate crime, for Ferguson raged at Black Uncle Tom's and carried notes on his person, expressing his hatred toward white people. Ferguson had been indicted on 93 counts, including civil rights violation. Black spokesman Jesse Jackson immediately went into damage control, expressing fear of a black and preaching a message of healing and reconciliation. Jackson was reported as saying his second thought upon learning of the killings was,

hoping against hope, it wasn't a black person because I knew there would immediately be a rash of irrational conclusions. But not to worry. Clan watch and Jesse Jackson for Ferguson was portrayed in the media as a victim of white racism on the one hand and a victim of mental illness on the other hand. Had even a white man who would kill six black people solely because of their race, we would still be hearing about it. In the meantime, however, the story has disappeared from the news.

Kind of shocked that Jesse just didn't go, well, I mean, he's Jamaican. He's not Adas, American descendant of slaves, so he ain't black. Kind of shocked he didn't do that. You'd probably do that now. It's the opinion of this writer and many other observers that an even-handed approach to the hate crime controversy in which equal standards apply and behavior that is considered a hate crime for whites would also be considered a hate crime for blacks or anyone else would reveal a picture much different than militant anti-racist groups would prefer. Let's take a few examples from the nation's

campuses. In 1989, the situation of black-on-white violence got so bad at Brown University in Providence, Rhode Island, that university president Vartan Gregorian said he was considering asking for federal help. Brown University was actually built on slaving money. It was builds on slaving money. Ship money. According to Robert Reikley, according to Robert Reikley, Vice President for University Affairs,

there have been 16 reported cases since classes began in September, a six-week period, Mr. Reikley said. In most cases, he said, black men have attacked white male students or have sometimes drawn guns or other weapons. In 1991, University of Illinois officials met with police to discuss,

an alarming series of assaults on white students by black gangs who apparently attack the students as part of a gang initiation right. On campus, according to news sources, police said the gang initiation right requires the potential gang member to find a large white male and knock him out with one punch. The two gangs involved in the assaults from Champaign and Urbana traveled in groups of four to 20 and members range in age from 15 to 23, according to news reports of officials expressed concern about a backlash resulting from the attacks. The preceding two cases involved college campuses. It would be inaccurate to say they were commonplace, but neither are they rare. Almost every major university has had its incidents such

as these. Sometimes they made local papers, occasionally in the national press. Sometimes they were undoubtedly spiked. At the University of Kansas, for example, a group of black students ascended on a white fraternity with clubs and other weapons shouting threats and insults after a black student had allegedly been insulted there. Fortunately, there was no violence in spite of the fact that terroristic threats were apparently made. Neither the campus press or the local daily mentioned the incident. One has to wonder how many times that occurs nationwide in a year. In virtually every case, however, we can be sure the issue of sensitivity and issues of sensitivity are raised,

along with the fear of backlash and misunderstanding. If one includes crimes in which an awareness of the victim's race or ethnicity is a factor, then most interracial rapes, armed robberies, and assaults might be considered hate crimes. Blacks are the perpetrators of the vast majority of these offenses relative to their representation of the population. One could even say that the alleged raged that black seal towards white society is a race-specific. rage directed at individual victims on the basis of racial identity, and as we see in the Colin Ferguson case, often has the same tragic consequences to innocent individuals as any 1920s lynchings in Alabama. They mentioned interracial rapes up here. I don't know if it's

been picked up again, but when Obama, I think the last year that interracial rapes was reported was 2008, right before Obama got into office. because it was, if I remember the numbers correctly, this from 2007. It's over 20,000 black men raped white women, and there were zero reported whites, raping blacks. Now saying that it didn't happen, but... Oh, wow. He's quoting Sam Francis here. Editorial writer Samuel Francis cites the 1992 case of a 15-year-old white girl

who was raped by a gang of young blacks who allegedly told, told her, they picked her because she was white and perfect. Mm-hmm. According to Francis, the story made the tabloid headlines and passed from human memory the next day. Obviously disillusioned, he adds, hate crimes aren't for white people. They are the special political and legal privileges of racial and religious minorities, and they are weapons by which white people can be bullied, bludgeon, beaten, prosecuted, and persecuted

into shutting up about race and the cultural institutions that attended. When an even-handed approach is denounced and avoided, of course, the issue becomes highly politicized. Powerful racial and ethnic interest groups have compelling reasons to manipulate the rules and to keep up an appearance of perpetual victimhood. Not only is it extremely useful in promoting a political agenda, but it can have a considerable financial benefits to the victims as well. Many hate crime statutes have provisions for recourse in the civil courts from monetary damages. These allow victims to sue for special general and punitive damages, a powerful incentive for professional victims and hoaxers. Hate crime McCarthyism.

Professor Jacobs also observed that since state of mind is pivotal in establishing a hate-motivated offense, trials may turn into inquisitions on the values, attitudes, and opinions of the defendants, not unlike a 1950s McCarthy I'd invest investigation into the values, attitudes, and opinions of subjected diversives by the House Un-American Activities Committee. I always hate when they,

well, first of all, you know, fuck communists. But I always hate when they talk about McCarthy and Hughack. McCarthy was a senator and Hughack was a House committee. He cites a case in which a man suspected of a hate-motivated offense was grilled about his relationship with a black neighbor.

Did he ever have dinner with her, invite her for a picnic, or go with her to a movie? It's quite likely that the magazines and books, it's quite likely that the magazines and books of defendants, reads, presents, or past memberships in present or past memberships in organizations, religious and political beliefs, as well as those of family and friends, could become subject to inquisition and discovery. In his recent article, Jacob Sullen quotes Kevin O'Neill, who wrote the American Civil Liberties Union's brief against the Ohio hate speech law. Although different from hate crime legislation, because it penalizes speech unrelated to criminal conduct,

the law raises related civil liberties issues. O'Neill says, Our basic concern about hate crimes legislation in general and Ohio's ethnic intimidation law in particular is that it is an effort by government to punish people for their ideas. indeed it is no amount of weaseling or double talk can obscure the fact is obscure that fact george iwell himself could not have imagined as diabolical a scenario for the legitimization of thought crime in a supposedly free society then we have a bunch of um a bunch of uh citations here

looking for the san francis one sam francis one sam francis one was from the Washington Times February 4th, 1992, entitled Feeding Hate to the Crime Colossus. Huh. All right, well, that's the end of chapter two. We finished off chapter one, got into chapter two. Chapter three will be the prevalence of hoaxes and fabrications. If you enjoyed this and you want to get these episodes early and add free,

head on over to free mammy on the wall.com forward slash support. You can get RSS fees through substack and Patreon, Gumroad. You can play them right there on the website. And then if you get it through, if you subscribe through subscribe star or my website, I send you the file. All right? That's it. See you for part three.

Take care. Bye.