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2004/4/9 [Politics/Domestic/California] UID:13106 Activity:insanely high |
4/9 "It is not just considered bad form to discuss ethnicity in the new California. It can land one in jail. Added to the penal code is the crime of "divisionism," a nebulous offense that includes speaking too provocatively about ethnicity." http://www.nytimes.com/2004/04/09/international/africa/09RWAN.html?hp yes, I replaced the word "Rwanda" with "California." The amazing thing is how little of a stretch it is. \_ you're an idiot. \_ Yeah, in California you'll just get yelled at, or maybe beat up. Well, unless someone (non-white) gets offended and manages to portray what you said as "Hate Speech." THAT could land you in jail. \_ As the above said, you're an idiot. Returneth thee to hate radio from whence thee came. \_ Darn you're right. You can't be jailed for "Hate Speech" in CA unless the "victim" feels "threatened." http://caag.state.ca.us/civilrights/htm/laws.htm A Google on Canadian Hate Speech Laws is fun though. \_ yeah, burning a cross on someone's lawn is free speech. people who feel threatened by that should lighten up. What is America coming to? \_ Usually I think of speech as refering to the practice of expelling air from the lungs though the mouth the produce a series of sounds known as language, which is then recieved by another persons ear. In fact, transmission by writing or electronic media could also be conisdered speech. But I would think burning a cross on someone's lawn would constitute other areas of the law, such as "tresspassing" and "fire ordinances." As far as spoken threats, there are other law for that. Anyway, I'm sure that Straw Man went over great a People's Park, but outside in reality it sounds pretty silly. \_ I'm not sure about what the People's Park reference is about but, anyway, Justice Scalia, for one, argued strongly that cross burning is free speech. \_ "Threatened" is way too broad. There is a similar law about weapons (not necessarily guns). In theory, you can carry certain weapons as long as they are visible. In practice, if someone feels "threatened" by this, off to jail you go. I can't help but remember Monty Burns: "Thank God we live in a country so hysterical about crime..." -- ilyas \_ Don't forget, if the person feeling "threatened" happened to be sleeping with a member of the politburo, it can even get the motd shut down. |
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www.nytimes.com/2004/04/09/international/africa/09RWAN.html?hp By MARC LACEY (NYT) 1220 words Late Edition - Final , Section A , Page 3 , Column 1 ABSTRACT - Government of Rwanda sets up six-week re-education camps to purge former Hutu and Tutsi fighters of any ethnic ideologies that they may still harbor from 1994, when extremist Hutu massacred 800,000 Tutsi and moderate Hutu; government, now dominated by minority Tutsi, has wiped out ethnic distinctions by decree; photos Please Note: Archive articles do not include photos, charts or graphics. To read the complete article, simply click on one of the BUY NOW buttons below. You can buy this single article or, for even greater value, you can purchase this article as part of a multi-pack. You'll then have the opportunity to buy additional articles now or in the future at significant savings! Article Archive: 1996-Present multi-packs are not valid for use with Article Archive: 1851-1995 multi-packs and vice versa. How multi-packs work: A multi-pack is an archive package that saves you money by allowing you to pre-purchase a set number of articles in bulk at a reduced price. You can then debit from your multi-pack and quickly access articles from the archive at your convenience over the lifetime of the multi-pack. Please Note: Article Archive 1996-Present multi-packs are not valid for use with Article Archive: 1851-1995 multi-packs and vice versa. Once you purchase an article, you may view it as often as you like over the next 90 days. |
caag.state.ca.us/civilrights/htm/laws.htm CAREER OPPORTUNITIES 10 LINKS TO STATE SITES Civil Rights California's Civil and Criminal Laws Pertaining to Hate Crimes (Updated as of February 25, 1999 by Kathleen W. Once criminal charges are filed under the Bane Civil Rights Act, or under any other criminal statute, hate crimes victims have the right to a court order prohibiting any additional harassment, or any communication or contact at all. Orders are immediately enforceable by law enforcement agencies. Violation of order can be misdemeanor, or felony, if accompanied by force or threat of force. Penal Code section 139: Creates a felony when someone already convicted of a felony communicates to witnesses, victims, informants or their immediate families a credible threat to use force or violence. Penal Code section 302: Establishes a misdemeanor to intentionally disturb a group of people who have met to worship. Penal Code section 11410: States that the urging of violence where harm is possible is conduct not protected by the California Constitution; Penal Code section 11411: Provides that it is a misdemeanor to cause a person to fear for his or her safety by displaying racist signs on the private property of another, without authorization, for the purpose of terrorizing the owner or occupant of that private property or in reckless disregard of the risk of terrorizing them; Penal Code section 11412: Provides that it is a felony to attempt to discourage religious activities by threats of violence. Penal Code section 11413: Provides that it is a felony to use a bomb against or to set on fire a place of worship or any private property if the property was targeted because of the race, color, religion, ancestry, national origin, disability, gender or sexual orientation of the owner or occupant of the property and the purpose was to terrorize another or was in reckless disregard of terrorizing another. Hate crime for the purpose of this section means any act of intimidation, harassment, physical force, or the threat of physical force, directed against any person, or family, or their property or advocate, motivated either in whole or in part by the hostility to the real or perceived ethnic background, national origin, religious belief, gender, age, disability or sexual orientation, of that person with the intention of causing fear and intimidation. Education Code Provisions re Hate Crimes In 1994 the Legislature enacted the California Schools Hate Violence Reduction Act of 1995. This Act requires the State Board of Education, if private funds are available, at the request of the Superintendent of Public Instruction, to do the following: 1) adopt policies and guidelines to prevent and respond to acts of violence; Important California Cases Interpreting California Hate Crime Statutes California Supreme Court cases In re M. |