Hate Crimes Bill Includes Military Service Members and Dependents Protections

A new hate crimes bill will most likely be signed by the President soon. Many will remember several churches were burned in Alabama and in the south due to racial hatred.

The hate crime legislation contains protections for military service members and their family members.
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I am highlighting a few excerpts from the Hate Crimes Bill and including commentary concerning the bill.

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The Bill was attached to the Defense Appropriations Act which is a 1500 page + bill. It appears this bill will be approved by the President. One other important point, there is a segment in the bill which no one has discussed, the protections offered to the military and their dependents.

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This article summarizes an argument against the bill. http://www.wnd.com/index.php?fa=PAGE.view&pageId=113907# highlights from the article: "But we already have laws against violent crime. The only purpose of hate-crime legislation is to stifle politically incorrect speech. The left repeatedly claims that there is absolutely no way that these laws will be used to criminalize speech. Yet at the same time, they are claiming that conservatism fuels hate crimes."

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"The open-borders lobby uses this tactic to silence opposition to illegal immigration by associating it with violence against Hispanics. Last year, Barack Obama blamed Lou Dobbs and Rush Limbaugh for "feeding a kind of xenophobia" that is the "reason why hate crimes against Hispanic people doubled last year." "

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Another argument against the bill: "What’s crazy about this legislation is that what defines a hate crime is based entirely off of subjective reasoning. So in essence, certain political points of view including particular religious points of view by an individual could potentially implicate them in a hate crime. Undoubtedly, this is an incredibly dangerous bill and unfortunately it will most likely be passed in the U.S. Senate and signed into law by the President."
Link: http://www.roguegovernment.com/Hate_Crimes_Prevention_Act_Sets_Foundation_To_Destroy_Free_Speech_In_The_U.S./15482/0/13/13/Y/M.html

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I'll highlight a few items from the original bill:
How may a hate crime be conveyed other than an act of violence? "Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence." (This includes the Internet.)

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What are Hate Crimes other than violence against a protected class? "Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity."

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Who are protected classes? "OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY." (including} "...when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct ‘‘races’’. Including all "personnel of the Armed Forces, their Dependents and their property within 5 years of discharge." The armed forces protections are included in a separate section of the "Hate Crimes Bill"

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When may prosecution occur? "...criminal investigation or prosecution of any crime that—is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws."

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Motivations of Bias--(Bias is not defined in the definition within this law.) "The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States local jurisdictions, and Indian tribes."

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First Amendment and Free Expression:

"FREE EXPRESSION.—Nothing in this division shall be construed to allow prosecution based solely upon an individual’s expression of racial, religious, political, or other beliefs or solely upon an individual’s membership in a group advocating or espousing such beliefs. "

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"FIRST AMENDMENT.—Nothing in this division, or an amendment made by this division, shall be construed to diminish any rights under the First Amendment to the Constitution of the United States."

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" CONSTITUTIONAL PROTECTIONS.—Nothing in this division shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the First Amendment to the Constitution of the United States and peaceful picketing or demonstration. The Constitution of the United States does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence."

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It is also interesting to note that members of the United States Armed Forces and their dependents are protected by this legislation. Not only is an assault on a service member or his/her dependents a hate crime but the destruction of military members personal property is also covered under this law. The law extends the coverage to 5 years after the service member's discharge from the service.

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Article which discusses the issue and list a link to the 1500+ pages of the Bill. http://reason.com/blog/2009/10/15/could-politically-incorrect-sp