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1969 Federal Civil Rights Law
The 1969 Federal Civil Rights Law, 18 U.S.C. § 245(b)(2), permits federal prosecution of anyone who "willingly injures, intimidates or interferes with another person, or attempts to do so, by force because of the other person's race, color, religion or national origin" [1] because of the victim's attempt to engage in one of six types of federally protected activities, such as attending school, patronizing a public place/facility, applying for employment, acting as a juror in a state court or voting.
Persons violating the 1969 Federal Hate Crimes Law face a fine or imprisonment of up to one year, or both. If bodily injury results or if such acts of intimidation involve the use of firearms, explosives or fire, individuals can receive prison terms of up to 10 years, while crimes involving kidnapping, sexual assault, or murder can be punishable by life in prison or the death penalty.[1] U.S. Courts provide for criminal sanctions, but only victims of gender-motivated hate crimes can "seek compensatory and punitive damages as well as injunctive and declaratory relief".[2]
[edit] Violent Crime Control and Law Enforcement Act (1994)
Main article: Violent Crime Control and Law Enforcement Act
The Violent Crime Control and Law Enforcement Act, enacted in 28 U.S.C. § 994 note Sec. 280003, requires the United States Sentencing Commission to increase the penalties for hate crimes committed on the basis of the actual or perceived race, color, religion, national origin, ethnicity, or gender of any person. In 1995, the Sentencing Commission implemented these guidelines, which only apply to federal crimes.[3]
[edit] Matthew Shepard Act
Main article: Matthew Shepard Act
On October 28, 2009 President Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (attached to the National Defense Authorization Act for Fiscal Year 2010), which expanded existing United States federal hate crime law to include crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability, and which dropped the prerequisite that the victim be engaging in a federally protected activity.
When, if at any point, are you prepared to take up arms to defend what you believe is your vision of democracy and civilization?
Hate speech, if banned, just goes underground and fosters a sense of victim-hood in the audience and perpetrators. It can only effectively be countered by calm, reasoned and surgically sharp counterargument.
The CAB Equitable Portrayal Code reflects the responsibilities of licensees, under the Broadcasting Act,to ensure that their programming and broadcast services achieve the highest standards, and demonstrates the private broadcasters’ commitment to the equitable portrayal of all persons in their programming.
Clause 1: Equitable Portrayal
...etc...
Clause 2: Human Rights
Recognizing that every person has the right to the full enjoyment of certain fundamental rights and freedoms, broadcasters shall ensure that their programming contains no abusive or unduly discriminatory material or comment which is based on matters of race, national or ethnic origin, colour, religion, age, gender, sexual orientation, marital status or physical or mental disability.
Clause 3: Negative Portrayal
...
Clause 4: Stereotyping
Clause 5: Stigmatization and Victimization
Clause 6: Derision of Myths, Traditions or Practices
Clause 7: Degrading Material
Clause 8: Exploitation
Clause 9: Language and Terminology
Clause 10: Contextual Considerations
Broadcasts may fairly include material that would otherwise appear to breach one of the foregoing provisions in the following contextual circumstances:
a.Legitimate artistic usage: Individuals who are themselves bigoted or intolerant may be part of a fictional or non-fictional program, provided that the program is not itself abusive or unduly discriminatory;
b.Comedic, humorous or satirical usage: Although the comedic, humorous or satirical intention or nature of programming is not an absolute defence with respect to the proscriptions of this Code, it is understood that some comedic, humorous or satirical content, although discriminatory or stereotypical, may be light and relatively inoffensive, rather than abusive or unduly discriminatory;
c.Intellectual treatment: Programming apparently for academic, artistic, humanitarian, journalistic, scientific or research purposes, or otherwise in the public interest, may be broadcast, provided that it: is not abusive or unduly discriminatory; does not incite contempt for, or severely ridicule, an enumerated group; and is not likely to incite or perpetuate hatred against an enumerated group.
Clause 5 – News
It shall be the responsibility of broadcasters to ensure that news shall be represented with accuracy and without bias