UPDATE: Welcome readers from Free Canuckistan! Thanks for the linky Mr. WebElf!
UPDATE: Welcome visitors from 4Simpsons!!! Thanks for the link, Neil. 4Simpsons is a daily read for me, and it should be for you, too!
Hans Bader of the Open Market blog of the Competitive Enterprise Institute has done a massive analysis of the Democrat’s hate crimes bill.
First, the news:
On April 23, the House Judiciary Committee voted 15-to-12 to approve a dramatic expansion of the federal hate-crimes law. The bill, H.R. 1913, would add gender, sexual orientation, and transgender characteristics to a law originally designed to protect racial minorities. It also greatly expands the law’s reach over local offenses typically handled by state prosecutors, by eliminating many jurisdictional limits.
The ACLU long opposed the loophole in Constitutional double-jeopardy protections that the bill is designed to exploit. But it switched its longstanding position in order to back the federal hate crimes bill, apparently believing that civil-liberties must be sacrificed in order to fight hate.
Yes, when push comes to shove, leftists oppose all liberties, and end up supporting fascism.
But the leaked DHS report is not the only problem that conservatives are facing from the fascist left. The tolerant left, champions of diversity and tolerance, doesn’t like the idea of hearing things that might hurt their feelings. Every word you say has the potential to incite violence against them!
So, they’ve proposed this new Hate Crimes bill so that they don’t have to listen to people they disagree with anymore.
Committee members allowed that, yes, the law could result in the imprisonment of religious leaders. Conceivably then, a threat might be perceived in the preaching from a Bible (the weapon), perceived as inciting “radicals” to do bodily harm to non-believers or gays or whoever. Thus the perception allegedly received by the alleged victim holds total sway over the actual occurrence, which in actuality might have been completely benign.
If the validity of the actual occurrence is not the basis for justice, then there is no justice under this proposed law; it is an invitation for persecution by allegation of personal offendedness, a legalization of internal outrage as the definition of a crime regardless of whether the outrage is legitimate.
Protection from outrage is not possible; so persecution of the hated must substitute. Justice misapplied can become persecution, and it undoubtedly will if H.R. 1913 becomes law.
We elected Obama, and now the whole country will look like the university campuses, where leftist fascism is the rule, and conservatives need bodyguards and police escorts in order to be able to speak.
BONUS:
Michele Bachmann talks with Neil Cavuto about cap and trade, and the recession: (H/T The Maritime Sentry)
Sensible science, sensible energy policy and sensible pollution reduction. Why won’t the socialists just listen to her? Just do whatever she says to do and we’ll get out of this mess that the Democrats put us into.
BC isn’t the only province where conservatives are fighting back against progressive threats to fundamental rights. Ontario, (contains Toronto and Ottawa), has one of the other really bad provincial Human Rights Commissions, and provincial representatives Lisa MacLeod and Randy Hillier on the case in that benighted province.
Hillier, along with fellow PC MPP Lisa Macleod, have been leading the charge to reform Ontario’s HRCs. They were the ones who pressed for public hearings at which Tribunal appointees would be grilled — which led to some scary revelations about the censorious instincts of that panel. And he also was part of the team (led by Macleod) who brought Mark Steyn to Queen’s Park to testify about the kangaroo court nature of the OHRC.
Levant is referring to her questioning of Mark Steyn regarding the Ontario Human Rights Tribunal. The full transcript is here, courtesy of Pamela Geller at Atlas Shrugs. This is about as strong a defense of free speech as you’ll ever see, folks. And it’s a warning to the consequences of electing progressives who do not trust you to exercise your own free will, lest you hurt someone’s feelings.
Here is a little of Mark Steyn’s opening speech from the hearing:
Mr. Mark Steyn: The present Ontario human rights regime is incompatible with a free society. It is useless on real human rights issues that we face today and, in the course of such pseudo human rights, as the human right to smoke marijuana on someone else’s property or the human right to a transsexual labioplasty, in the course of those pseudo-rights it tramples on real human rights including property rights, free speech, the right to due process and the presumption of innocence. Far from reducing racism or sexism, the Ontario human rights regime explicitly institutionalizes racism and sexism through its inability to view any dispute except through the narrow prism of identity politics. It’s at odds not just with eight centuries of this province’s legal inheritance, but with the United Nations Universal Declaration of Human Rights. Canada likes that one so much, it sticks it on the back of the $50 bill, even though Ontario’s human rights regime is in sustained, systemic breach of article 6, article 7, articles 8 to 10, 11, 12, 18, 19, 21 and 27 of the UN declaration. The good news is that Ontario’s not in violation of as many articles as Sudan or North Korea.
All are equal before the law and are entitled, without any discrimination, to equal protection of the law. That’s article 7. It’s not true in Ontario. Last year, the Ontario Human Rights Commission effectively gave Maclean’s and myself a driveby verdict. They couldn’t be bothered taking us to trial but they decided to pronounce us guilty anyway. That neglects the most basic principle of justice: Audi alteram partem, hear the other side. Chief commissar Barbara Hall didn’t bother hearing the other side; she simply declared us guilty. That is the very defining act of a police state: an apparatchik announcing that a citizen is guilty of dissent from state orthodoxy.
But here’s the point: Maclean’s and I have no fear of Barbara Hall, the commission or the tribunal. You’re welcome to try and do your worst to us. We have deep pockets, we pushed back and we filled the newspapers with stories about all these wacky cases that Barbara Hall and others are so obsessed about. Like all tinpot bullies, the commission couldn’t take the heat and backed down. But if you’re just a fellow who happens to own a restaurant in Burlington, the Ontario human rights regime will destroy your savings, your business, your life for no good reason. The verdict’s irrelevant; the process is the punishment.
He is saying this about a tribunal run by fascist progressive inquisitors hell-bent on ramming their values down the throats of individuals. And here is an excerpt from MacLeod’s questioning of Steyn:
Ms. Lisa MacLeod: Welcome to our committee Mr. Steyn. During the summer, this committee convened to interview and review the 22 vice-chairs and the 22 members of the Ontario Human Rights Tribunal and throughout that process your case, Maclean’s vs. the Ontario Human Rights Commission, as well as what happened in British Columbia to you as well as what happened federally to you was front and centre on our minds. Consistently throughout that process I asked questions of the deputants, those seeking to be appointed to the Ontario Human Rights Tribunal, if they believed free press trumped discrimination or vice versa. One of the deputants actually responded. Today, earlier, I asked the same question to the chair of the Ontario Human Rights Tribunal. He responded and said that neither trumps either. I would like your view on that, because it follows sort of a logical set of questions that I have which are next with respect to freedom of expression and freedom of speech.
Mr. Mark Steyn: With respect to the witness this morning, that has become a standard equivocation at the Ontario Human Rights Tribunal. Whenever tribunal judges take away individual human rights they do so under the guise of what they call balancing competing rights. So for example, going back to the Scott Brockie case, they claim to be balancing his right to freedom of religion with the right of the gay people seeking printed materials to be free from discrimination. In practice they almost never balance those rights. They always defer to collective rights, group rights in favour of individual rights. I’m an absolutist on this. I agree with the view that the ultimate minority is the individual and classically, historically, common law has been entirely antipathetic to group rights, because who can speak for a group? Who can speak for a group?The notion of group rights should be an abomination to a settled democracy as old as this province.
I hope that the Canadian conservatives at every level of government turn this into an election issue, in order to draw libertarians away from the other parties. These Human Rights Commissions are the darlings of secular left-wing politically correct fascists, and they can’t stand the idea of their totalitarian censorship seeing the light of day.