Hate Speech

1. Hate Speech Raphael Cohen-Almagor

2. Lecture Plan • Introduction: Definition, Line-drawing • The Harm in Hate • Boundaries • Hate crimes • Remedies and Practical proposals

3. Argument • Socially responsible people should not stand idly by while others are abusing freedom of expression to discriminate and victimized their targets for hate.

4. Definition • Hate speech is defined as a bias-motivated, hostile, malicious speech aimed at a person or a group of people because of some of their actual or perceived innate characteristics. • It expresses discriminatory, intimidating, disapproving, antagonistic and/or prejudicial attitudes toward those characteristics which include sex, race, religion, ethnicity, colour, national origin, disability, or sexual orientation.

5. Aim of Hate Speech • Hate speech is aimed to injure, dehumanize, harass, intimidate, debase, degrade, and victimize the targeted groups, and to foment insensitivity and brutality against them.

6. Line Drawing • The line-drawing of what constitutes hate is not always simple. • Statements that assert “Jews are money hungry,” “gays are immoral,” “abortionists are murderers,” “Israel is an apartheid state,” “niggers return to Africa,” and calls to boycott Israel are all unpleasant yet legitimate speech. • On the other hand, calls that incite violence against target groups fall under the definition of incitement.

7. content mannerן Speaker’s intentions circumstances practical test speech

8. Line Drawing • Hate speech is fuzzier than incitement and concretely more damaging than advocacy. • Hate speech creates a virulent atmosphere of “double victimization”: The speakers are under attack/misunderstood/marginalized/delegitimized by powerful forces (governments, conspiratorial organizations); the answer to their problem is the victimization of the target group. • Their victimization is the speakers’ salvation.

9. Relevant Factors • History • Culture • Morality • Law

10. Boundaries • In England: Breach of the Peace • following verbal attacks on the Jewish community by Oswald Mosley and members of the British Union of Fascists (BUF) at public meetings which led to outbreaks of violence in Britain. • Parliament reacted by passing the Public Order Act. This gave the Home Secretary the power to ban marches in London and police chief constables could apply to him for bans elsewhere.

11. 1936 Public Order Act • The 1936 Public Order Act also made it an offence to wear political uniforms and to use threatening and abusive words. • This measure successfully controlled the activities of Sir Oswald Mosley and the British Union of Fascists.

12. Hate in the UK • Under the Public Order Act 1986 it is an offence to use threatening, abusive or insulting words or behaviour with intent or likelihood to stir up racial hatred against anyone on the grounds of colour, race, nationality or ethnic or national origins. • The offence carries maximum penalty of seven years’ imprisonment. • Race Relations (Amendment) Act 2000 • Criminal Justice and Immigration Act (2008).

13. Hate in the UK • In 2007/8, the overall no. of racist incidents was 57,055. • However, data from the British Crime Survey put the no. at 207,000. • That means, the vast majority of cases are not reported. • The Gay British Crime Survey 2008 states that three in four victims of homophobic hate crimes did not report to the police.

14. Hate in the UK • Some victims feel more comfortable reporting to third-parties rather than to the police. • True Vision, http://www.report-it.org.uk/home. • But it is still reporting to the police. • Need to separate between the website and the police. • Third party, like human rights organizations.

15. Hate in the UK • In July 2008, Simon Sheppard was found guilty of nine counts of publishing racially inflammatory material on his Heretical Press website. • He was sentenced to 3 years and 10 months imprisonment. • Co-defendant Stephen Whittle was found guilty of four counts. • He was sentenced to 1 year and 10 months imprisonment.

16. Hate in the UK • The Heretical Press is hosted in the USA. • But the important consideration is the location of the hate monger. • Sheppard targeted the Blackpool Reform Synagogue, “Tales of Holohoax”. • Other articles: “Auschwitz: The Holiday Camp for Kikes” and hate literature against blacks, Asian and non-white people generally. • See http://news.bbc.co.uk/1/hi/england/north_yorkshire/8486884.stm

17. American Legal Boundaries • True Threats, intimidation • Incitement to murder • How the Internet is used to scare people? • Case law

18. From Speech to Action • Three Aryan supremacists, Benjamin Smith, Richard Baumhammers, andJames W. von Brunn who in 1999, 2000 and 2009 respectively went on racially motivated shooting sprees after being exposed (von Brunn also contributed) to Internet racial propaganda. • Smith regularly visited the World Church of the Creator website, a notorious racist and hateful organization. • He said: "It wasn't really 'til I got on the Internet, read some literature of these groups that… it really all came together.“

19. From Speech to Action • Other hate crimes that involved shooting and killing of innocent people in the USA concern Buford Furrow who killed one person and injured five others in 1999; • The same year, Matthew and Tyler Williams who murdered a gay couple and set fire to three Sacramento-area synagogues; • In 2009, Keith Luke murdered two black people, and raped and nearly killed a third. • All were active on hate sites.

20. Machado Date: Fri, 20 Sep 1996 10:58:55 -0700 From: "Mother Fucker (Hates Asians)" <mfucker@uci.edu> To: {recipient list omitted to protect privacy of individuals} Subject: FUck You Asian Shit Hey stupid fuckerAs you can see in the name, I hate Asians, including you. If it weren’t for asias [sic] at UCI, it would be a much more popular campus. You are responsible for ALL the crimes that occur on campus. YOU are responsible for the campus being all dirt. YOU ARE RESPONSIBLE. That’s why I want you and your stupid ass comrades to get the fuck out of UCI. IF you don’t I will hunt all of you down and Kill your stupid asses. Do you hear me? I personally will make it my life carreer [sic] to find and kill everyone one [sic] of you personally. OK?????? That’s how determined I am. Get the fuck out. Mother Fucker (Asian Hater)

21. Shutting Down WebsitesJouhari v. Wilson • US Dept. of Housing & Urban Development, Jouhari and Pilar Horton v. Ryan Wilson and ALPHA HQ, July 19, 2000

22. Jouhari • Next to Jouhari’s picture, the ALPHA HQ website stated, "Traitors like this should beware, for in our day, they will hung from the neck from the nearest tree or lamp post.“ • The website referred to Jouhari's daughter as "mongrel," listed various types of guns, information where to obtain various weapons, and provided a bomb recipe under the picture of Jouhari's office. http://www.hud.gov/utilities/intercept.cfm?/offices/oalj/cases/fha/pdf/wilson.pdf

23. Jouhari • Wilson was charged by the Pennsylvania Commonwealth's Attorney General with threats, harassment, and ethnic intimidation. • The site was removed from the Internet, and the court issued an injunction against the defendant and his organization barring them from displaying certain messages on the Internet.

24. Boundaries • Profound Offence • Skokie

25. Boundaries • Profound Offence • Meir Kahane

26. Boundaries • Incitement against individuals • “Rabin Should be Killed” Stickers • Photomontage: Rabin in SS Uniform

27. “Rabin must be killed” Stickers • On November 30, 1993 stickers were distributed in the town of Or Akiva during a visit of the then Minister of Labor Ora Namir. • The stickers bore a short and clear message: “Rabin must be killed”. • A target had been selected, and an unequivocal statement had been uttered regarding the desired fate of that same target.

28. Rabin in a black S.S. uniform • On October 5, 1995, during a large right-wing demonstration in Jerusalem against the Oslo Accords, two Kach activists waved photomontage pictures of Rabin dressed in black Nazi uniform. • Rabin face was glued onto the body of the notorious Nazi leader Heinrich Himler.

29. Boundaries • Incitement against People • Radio Propaganda to kill the Tutsi in Rwanda

30. Boundaries • Incitement against People • Nazi propaganda to “eliminate” the Jews from the face of the earth

31. Remedies • Speech v. Speech • Education (like the Partners Against Hate program), http://partnersagainsthate.org/ • Promotion of tolerance • Exposing of hate • Hate watch • Citizens’ initiatives to combat hate – “Coloradans United Against Hatred” (CUAH) • Net users’ initiatives against hate (FacebookUnited Against Hate)

32. Remedies • Denying Legitimacy: • sensitive media coverage; • banning racist parties; • protecting vulnerable people • Culture of tolerance

33. Remedies • Law and adherence to international conventions: The Universal Declaration of Human Rights(1948); The 1966 International Covenant on Civil and Political Rights; The U.N. International Convention on the Elimination of all Forms of Racial Discrimination (1969); The European Convention for the Protection of Human Rights and Fundamental Freedoms (1950); The Convention on the Prevention and Punishment of the Crime of Genocide (1948); The Council of Europe’s Convention on Cybercrime(2003) • Introducing a different rationale: Instead of free highway, social responsibility

34. Remedies – The Internet • ISPs Liability • Provide a uniform channel for user complaints • Omit or at least label hate websites from search engines • Labelling, naming and shaming • Legal means: Prosecutions

35. Remedies – The Internet • International cooperation between governments as well as between governments and Internet Service Providers: Working Group on Internet Governance; Jugendschutz.net in Germany; Stichting Magenta in the Netherlands; International Network Against Cyber Hate • Publishing overviews and reports on a regular basis • Business Ban

36. Thank you