How Bad Is The Hate?
I ask how prevalent crimes against minorities has been because I want to see if media sensationalism blows it out of proportion, if the voice of racists (who are a small minority) is being amplified in ways that it was not previously, or if there is legitimate and significant increase in racism and bigotry. Measuring how much hate is out there is difficult because it's not like we have a unit of measurement for it like we do with gallons, miles, minutes...you get the idea. We can ask how much this hate is causing people to murder. There's a good start, and the Cato Institute illustriously did that in response to the Charlottesville attack (see here and here). How many people have died as a result of right-winged terrorist attacks similar to Charlottesville since 1992? 292 people, according to the Cato Institute (see below). An additional 992 were injured. The odds of getting killed in a terrorist attack perpetrated by a right-wing extremist is about 1 in 33 million. Injury in such an attack was 1 in 7.6 million. The odds of getting struck by lightning? Only 1 in 161,856. The odds of getting killed in such a terrorist attack perpetrated by someone on the Far Right is very low.
Source: Cato Institute
Even with these terrorist attacks being rare, the government is nevertheless worried about these Far Right elements. In a 2014 survey of law enforcement officers commissioned for the Department of Justice and conducted by Duke University, it was found that nearly three-quarters of law enforcement believe that "anti-government violent extremists" present the greatest domestic threat. An April 2017 report from the Government Accountability Office concluded that far-right extremists pose the greatest domestic threat. For both of these reports, the main domestic threat post-9-11 was not radical Islamists, but far-Right extremists.
Another metric to look at would be the rate of hate crimes. As of date, the FBI has reported its Hate Crime Statistics through the year 2015. Since the federal government is not set up to both collect and distribute hate crime data on a weekly basis, 2015 data is the most recent nationwide data we have. Below is the number of incidents by religion (graphs courtesy of CNN).
Another metric to look at would be the rate of hate crimes. As of date, the FBI has reported its Hate Crime Statistics through the year 2015. Since the federal government is not set up to both collect and distribute hate crime data on a weekly basis, 2015 data is the most recent nationwide data we have. Below is the number of incidents by religion (graphs courtesy of CNN).
And here it is by race....
When looking at numbers grow, we also have to keep population growth in mind. In order to account for population growth, and thus measure the likelihood of a hate crime, we need to look at the rate of hate crimes. Nationwide, the rate of hate crimes has not particularly risen between 2004 and 2015 (Bureau of Justice Statistics). Rates are important when looking at hate crimes when comparing certain demographics because certain groups (e.g., Jews, LGBT) are smaller than others (e.g., African-American community). That explains how the African-American community has more hate crimes perpetrated against it, but Jews are 3.5 times more likely to be a victim of a hate crime than an African-American (or 1.5 times more likely than a Muslim).
We could also use survey results to approximate. Let's take anti-Semitism as an example. According to the Anti-Defamation League (ADL), only 9 percent of Americans in 2014 held anti-Semitic views. In 2015, that went up to 10 percent, and by 2016, that increased to 14 percent. The problem with such survey results is that either there is subjectivity behind developing survey questions to measure it or there are at least some who wouldn't admit it publicly.
Then there is the Southern Poverty Law Center, an organization that monitors hate groups. The SPLC tracked the number of bias incidents post-election. Even by the SPLC's numbers, the commotion calmed down shortly after the election, thereby somewhat refuting the notion that Trump's election caused such an upsurge in hate crimes.
To summarize this sub-section, overt terrorist attacks are extremely rare. As for hate crime data, we only have nationwide data up until 2015. Given when the FBI releases its data, we'll have to wait until the end of 2018 to even begin to know the sort of effects Trump's election has had on crime levels.
Should We Cut Off These Fascists' Free Speech?
It is tempting to stifle or censor the fascist, racist, anti-Semitic, homophobic scum. Their speech is offensive on more levels than one. So why do I stick up for their general freedom to speech? It sure isn't because I agree with what they say. Quite the opposite! The reason is because free speech is very important. Free speech helps bring about change. It is necessary for a pluralistic democracy and a well-functioning intellectual marketplace that allows for people to be better informed.
A defense of the protestors' free speech assumes that this was a peaceful protest, which it was not. They were screaming such epithet as "the Jews will not replace us." Even the racist chants got personal when individuals were calling black people "n*ggers" or gay people "f*ggots." Not only is this behavior 100 percent despicable, it is arguably unconstitutional. As much as free speech is generally protected in the United States, speech under the "fighting words" doctrine is not. Fighting words covers written or spoken speech intended to incite hatred or violence from the target. In a 9-0 decision, the Supreme Court decided that "fighting words" are not protected under the Constitution (Chaplinsky v. New Hampshire, 1942) because they add nothing to public discourse and "incite an immediate breach of the peace." The "fighting words" doctrine continued to be upheld, but was narrowed. For instance, burning a flag while verbally abusing the flag is not against the "fighting words" doctrine because offensiveness is not enough (Street v. New York). Wearing a jacket that said "fuck the draft" was not a violation of the "fighting words" doctrine because it did not include a personal epithet (Cohen v. California). Based on Supreme Court precedent, it is considered "fighting words if 1) it is an insulting epithet, 2) it is uttered to an individual, and 3) it is likely to provoke someone to retaliate. The speech of the protestors qualify under the "fighting words" doctrine, which would mean their racists epithets are not protected.
Even if you go after these racists and their free speech, it is still problematic. You can only arrest someone after they have uttered the "fighting words" or incited the violence. Arresting beforehand solely on the basis of their beliefs is downright Orwellian. Also, let's remember that free speech is indivisible. If you go after their free speech, the mechanisms are set in place to censor any dissident of the government. For those who are Left-of-center or are simply anti-Trump, let me ask you this: given how Trump has responded to the Charlottesville attack and given that you view his presence in the White House as an emboldenment of these racists, why in the world would you give him that power? Wouldn't Trump be more likely to censor the likes of CNN and the New York Times than he would the KKK or neo-Nazis? Even if carried out on the state level, most states are Republican, which means they would be more likely to silence Democrats and other dissidents. But this illustrates why we should not be for silencing free speech: because it stifles progress.
One other point: having the freedom to do something means taking responsibility for your actions. If you say something, you have to live with the consequences. If you are at a neo-Nazi rally spewing racist BS and your incitement causes someone to punch you in the mouth, don't be surprised. If you come into work on Monday and lose your job because your boss saw on social media that you attended that rally the previously weekend (like this schmuck did), you have to live with those foreseeable consequences. Our actions come with consequences, both good and bad, and the Constitution doesn't protect us from bad consequences.
How Should We Respond?
If quashing First Amendment rights isn't the way to go, what is? This one is much trickier to answer because it depends, at least in part, on your political views and worldview. For example, as a libertarian, I could argue that freer markets help solve the problem of racism (see here and here for articles on the topic).
One idea outside of political ideology is to call out their stupid and baseless arguments by presenting better, more intelligent arguments (not a difficult task, but the fact we're even having this conversation tells me that it might be difficult for some). And I'm not just talking about neo-Confederates. The fact that the Confederacy lost over 150 years ago is something the neo-Confederates really need to accept. Other countries have. Germany doesn't pay homage to the Nazis. Statues of Lenin and Stalin have been knocked down. The Chinese don't honor the Guomindang (国民党) anymore. The South isn't going to rise again. Get over it!
But it's not just that or that these people account for a very small percentage of the population and have little power, which is something we should keep in mind. It's the whole bigotry thing. Racism, anti-Semitism, homophobia, these prejudices are based on ignorance and fearing that which one does not understand. When you get to know people who are different than you, you realize that they have dreams, hopes, fears, desires, and problems, just like you have. They are human, just like you. Yes, people are different and have unique experiences, but we all have that essential humanity. Let's not forget that moving forward.
We should fight hate when it comes in our lives. The Southern Poverty Law Center provides a good guide on how to do that, but the point here is that we should not tolerate evil in our midst. I brought this up seven years ago, but if we are going to love love, we have to hate hate. Paradoxical, I know, but allowing evil (and I mean actual evil, and not "I think you're evil simply because you disagree with me") in our midst is unacceptable if we're going to uphold the values our Founding Fathers held dear.
While we should hate hate because how evil hate is, our general approach should be that of unity. We should reach across the aisle, understand where other individuals are coming from. In a country of extreme polarization, that has become a lost art. We need to be willing to have a dialogue with others instead of a screaming match. Even when we're done with the dialogue, we need to remember that there is another individual on the other end, whether that conversation is in person or online. Being able to treat others with dignity and respect is what makes us human, and by doing so, we can work on building a better tomorrow.
Then there is the Southern Poverty Law Center, an organization that monitors hate groups. The SPLC tracked the number of bias incidents post-election. Even by the SPLC's numbers, the commotion calmed down shortly after the election, thereby somewhat refuting the notion that Trump's election caused such an upsurge in hate crimes.
To summarize this sub-section, overt terrorist attacks are extremely rare. As for hate crime data, we only have nationwide data up until 2015. Given when the FBI releases its data, we'll have to wait until the end of 2018 to even begin to know the sort of effects Trump's election has had on crime levels.
Should We Cut Off These Fascists' Free Speech?
It is tempting to stifle or censor the fascist, racist, anti-Semitic, homophobic scum. Their speech is offensive on more levels than one. So why do I stick up for their general freedom to speech? It sure isn't because I agree with what they say. Quite the opposite! The reason is because free speech is very important. Free speech helps bring about change. It is necessary for a pluralistic democracy and a well-functioning intellectual marketplace that allows for people to be better informed.
A defense of the protestors' free speech assumes that this was a peaceful protest, which it was not. They were screaming such epithet as "the Jews will not replace us." Even the racist chants got personal when individuals were calling black people "n*ggers" or gay people "f*ggots." Not only is this behavior 100 percent despicable, it is arguably unconstitutional. As much as free speech is generally protected in the United States, speech under the "fighting words" doctrine is not. Fighting words covers written or spoken speech intended to incite hatred or violence from the target. In a 9-0 decision, the Supreme Court decided that "fighting words" are not protected under the Constitution (Chaplinsky v. New Hampshire, 1942) because they add nothing to public discourse and "incite an immediate breach of the peace." The "fighting words" doctrine continued to be upheld, but was narrowed. For instance, burning a flag while verbally abusing the flag is not against the "fighting words" doctrine because offensiveness is not enough (Street v. New York). Wearing a jacket that said "fuck the draft" was not a violation of the "fighting words" doctrine because it did not include a personal epithet (Cohen v. California). Based on Supreme Court precedent, it is considered "fighting words if 1) it is an insulting epithet, 2) it is uttered to an individual, and 3) it is likely to provoke someone to retaliate. The speech of the protestors qualify under the "fighting words" doctrine, which would mean their racists epithets are not protected.
Even if you go after these racists and their free speech, it is still problematic. You can only arrest someone after they have uttered the "fighting words" or incited the violence. Arresting beforehand solely on the basis of their beliefs is downright Orwellian. Also, let's remember that free speech is indivisible. If you go after their free speech, the mechanisms are set in place to censor any dissident of the government. For those who are Left-of-center or are simply anti-Trump, let me ask you this: given how Trump has responded to the Charlottesville attack and given that you view his presence in the White House as an emboldenment of these racists, why in the world would you give him that power? Wouldn't Trump be more likely to censor the likes of CNN and the New York Times than he would the KKK or neo-Nazis? Even if carried out on the state level, most states are Republican, which means they would be more likely to silence Democrats and other dissidents. But this illustrates why we should not be for silencing free speech: because it stifles progress.
One other point: having the freedom to do something means taking responsibility for your actions. If you say something, you have to live with the consequences. If you are at a neo-Nazi rally spewing racist BS and your incitement causes someone to punch you in the mouth, don't be surprised. If you come into work on Monday and lose your job because your boss saw on social media that you attended that rally the previously weekend (like this schmuck did), you have to live with those foreseeable consequences. Our actions come with consequences, both good and bad, and the Constitution doesn't protect us from bad consequences.
How Should We Respond?
If quashing First Amendment rights isn't the way to go, what is? This one is much trickier to answer because it depends, at least in part, on your political views and worldview. For example, as a libertarian, I could argue that freer markets help solve the problem of racism (see here and here for articles on the topic).
One idea outside of political ideology is to call out their stupid and baseless arguments by presenting better, more intelligent arguments (not a difficult task, but the fact we're even having this conversation tells me that it might be difficult for some). And I'm not just talking about neo-Confederates. The fact that the Confederacy lost over 150 years ago is something the neo-Confederates really need to accept. Other countries have. Germany doesn't pay homage to the Nazis. Statues of Lenin and Stalin have been knocked down. The Chinese don't honor the Guomindang (国民党) anymore. The South isn't going to rise again. Get over it!
But it's not just that or that these people account for a very small percentage of the population and have little power, which is something we should keep in mind. It's the whole bigotry thing. Racism, anti-Semitism, homophobia, these prejudices are based on ignorance and fearing that which one does not understand. When you get to know people who are different than you, you realize that they have dreams, hopes, fears, desires, and problems, just like you have. They are human, just like you. Yes, people are different and have unique experiences, but we all have that essential humanity. Let's not forget that moving forward.
We should fight hate when it comes in our lives. The Southern Poverty Law Center provides a good guide on how to do that, but the point here is that we should not tolerate evil in our midst. I brought this up seven years ago, but if we are going to love love, we have to hate hate. Paradoxical, I know, but allowing evil (and I mean actual evil, and not "I think you're evil simply because you disagree with me") in our midst is unacceptable if we're going to uphold the values our Founding Fathers held dear.
While we should hate hate because how evil hate is, our general approach should be that of unity. We should reach across the aisle, understand where other individuals are coming from. In a country of extreme polarization, that has become a lost art. We need to be willing to have a dialogue with others instead of a screaming match. Even when we're done with the dialogue, we need to remember that there is another individual on the other end, whether that conversation is in person or online. Being able to treat others with dignity and respect is what makes us human, and by doing so, we can work on building a better tomorrow.
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