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Raphael Cohen-Almagor 18.04.20141. Lecture Plan Introduction: Definition, Line-drawing The Harm in Hate Boundaries Hate crimes Remedies and Practical.

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Presentation on theme: "Raphael Cohen-Almagor 18.04.20141. Lecture Plan Introduction: Definition, Line-drawing The Harm in Hate Boundaries Hate crimes Remedies and Practical."— Presentation transcript:

1 Raphael Cohen-Almagor 18.04.20141

2 Lecture Plan Introduction: Definition, Line-drawing The Harm in Hate Boundaries Hate crimes Remedies and Practical proposals 18.04.20142

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. 18.04.20143

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. 18.04.20144

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. 18.04.20145

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. 18.04.20146

7 7 content circumstances mannerן Speakers intentions

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. 18.04.20148

9 Relevant Factors History Culture Morality Law 18.04.20149

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.Jewish Oswald MosleyBritish Union of Fascists 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. 18.04.201410

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. Sir Oswald MosleyBritish Union of Fascists 18.04.201411

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). 18.04.201412

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. 18.04.201413

14 Hate in the UK Some victims feel more comfortable reporting to third- parties rather than to the police. True Vision, But it is still reporting to the police. Need to separate between the website and the police. Third party, like human rights organizations. 18.04.201414

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. 18.04.201415

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 18.04.201416

17 American Legal Boundaries True Threats, intimidation Incitement to murder How the Internet is used to scare people? Case law 18.04.201417

18 18.04.201418 From Speech to Action Three Aryan supremacists, Benjamin Smith, Richard Baumhammers, and James 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. 18.04.201419

20 18.04.201420 Date: Fri, 20 Sep 1996 10:58:55 -0700 From: "Mother Fucker (Hates Asians)" To: {recipient list omitted to protect privacy of individuals} Subject: FUck You Asian Shit Hey stupid fucker As you can see in the name, I hate Asians, including you. If it werent 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. Thats why I want you and your stupid ass comrades to get the fuck out of UCI. IF you dont 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?????? Thats how determined I am. Get the fuck out. Mother Fucker (Asian Hater) Machado

21 Shutting Down Websites Jouhari v. Wilson US Dept. of Housing & Urban Development, Jouhari and Pilar Horton v. Ryan Wilson and ALPHA HQ, July 19, 2000 18.04.201421

22 Jouhari Next to Jouharis 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. s/oalj/cases/fha/pdf/wilson.pdf s/oalj/cases/fha/pdf/wilson.pdf 18.04.201422

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. 18.04.201423

24 Boundaries Profound Offence Skokie 18.04.201424

25 Boundaries Profound Offence Meir Kahane 18.04.201425

26 Boundaries Incitement against individuals Rabin Should be Killed Stickers Photomontage: Rabin in SS Uniform 18.04.201426

27 2718.04.2014 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 2818.04.2014 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 18.04.201429

30 Boundaries Incitement against People Nazi propaganda to eliminate the Jews from the face of the earth 18.04.201430

31 Remedies Speech v. Speech Education (like the Partners Against Hate program), Promotion of tolerance Exposing of hate Hate watch Citizens initiatives to combat hate – Coloradans United Against Hatred (CUAH) Net users initiatives against hate (Facebook United Against Hate) 18.04.201431

32 Remedies Denying Legitimacy: sensitive media coverage; banning racist parties; protecting vulnerable people Culture of tolerance 18.04.201432

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 Europes Convention on Cybercrime (2003) Introducing a different rationale: Instead of free highway, social responsibility 18.04.201433

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 18.04.201434

35 Remedies – The Internet International cooperation between governments as well as between governments and Internet Service Providers: Working Group on Internet Governance; in Germany; Stichting Magenta in the Netherlands; International Network Against Cyber Hate Publishing overviews and reports on a regular basis Business Ban 18.04.201435

36 Thank you 18.04.201436

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