DOJ Attorney
Cracks Down on Anti-Muslim Hate Speech
Tennessee DOJ
Attorney Bill Killian wants to address Anti-Muslim hate speech claiming that
hate messages can be used as evidence in court and may be subject to federal
criminal laws. People have protested, on Twitter, against an event he and an
FBI special agent spoke at this June called, “Public Disclosure in a Diverse
Society” for an audience of Muslims. This event was to inform them about their
civil rights in regards to hate speech and hate crimes, which was met by angry protesters outside. One man's sign read, "In America, you are free to practice your religion, and I am free to insult it."
Killian plans to use federal civil rights laws to curb hate speech, if the speech caused a hate crime. He says he does not intend to violate First Amendment protections on free speech by persecuting anyone for hate speech on social media, rather, use it as evidence in a hate crime.
Hate speech is protected under the First Amendment, unless it incites violence. Could Killian’s plan to use it as evidence in a hate crime be permitted under the First Amendment?
Hate speech would also have to be a direct threat to an individual in order to be a pure threat. If Killian succeeds, would this change the rules of threat?
Prosecuting hate speech on social media is being protested as a violation of the First Amendment. If the hate speech itself is not being punished, can it be used, as Killian claims, as evidence in a hate crime? If so, could it possibly mean the influx of appeals of past hate crime cases?
Involving social media could prove to be tricky based on privacy, public forum distinctions and other Internet issues that have been raised in past First Amendment cases.
This story illustrates the difficulties in determining the boundaries, categories and protections of speech.
Event Story: http://www.timesfreepress.com/news/2013/jun/05/crowd-lashes-out-at-us-attorney/
Photo:http://www.timesfreepress.com/photos/2013/jun/04/88639/
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