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View Full Version : Dems undermine free speech in hate crimes ploy




bobbyw24
10-13-2009, 05:37 AM
What does a hate crimes bill have to do with money for U.S. troops fighting in Afghanistan and Iraq?

Nothing, except that the National Defense Authorization Act, which will win final passage in Congress and be sent to the president's desk this week, also contains the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which Democrats placed inside the defense measure over Republican objections.

The crime bill -- which would broaden the protected classes for hate crimes to include sexual orientation and "gender identity," which the bill defines as a victim's "actual or perceived gender-related characteristics" -- passed the House earlier this year as a stand-alone measure. But it's never had the votes to succeed by itself in the Senate. So over the summer Democrats, with the power of their 60-vote majority, attached it to the defense bill.

Republicans argued that the two measures had nothing to do with each other. Beyond that, GOP lawmakers feared the new bill could infringe on First Amendment rights in the name of preventing broadly defined hate crimes. The bill's critics, including many civil libertarians, argued that the hate crimes provision could chill freedom of speech by empowering federal authorities to accuse people of inciting hate crimes, even if the speech in question was not specifically related to a crime.

Republican Sen. Sam Brownback offered an amendment saying the bill could not be "construed or applied in a manner that infringes on any rights under the First Amendment" and could not place any burden on the exercise of First Amendment rights "if such exercise of religion, speech, expression, or association was not intended to plan or prepare for an act of physical violence or incite an imminent act of physical violence against another."

The Senate passed Brownback's amendment. After that, several Republicans,

http://www.washingtonexaminer.com/politics/Dems-undermine-free-speech-in-hate-crimes-ploy-8371517-64046162.html