Hate crimes bill goes to Obama for signature

CNN ^ | 10/22/2009

[thecraw]

I don’t know the bill number of this piece of crap legislation, but the bill’s name is “The Matthew Shepard and James Byrd Hate Crimes Prevention Act”.

[Cindy]

Thread Bump.

[altair]

There needs to a law against adding spurious bills onto others in order to get them snuck through.

The term you're looking for is "rider".

Congress has little regard for the laws we have now. Do you really think adding a new one for them to ignore is really going to change anything?

[altair]

Has this totalitarian crap ever been brought before a court to challenge the constitutionality?

I don't believe so. There are other thought crimes on the books now. I would expect this one to go straight to the Supremes. How the current court will rule is anyone's guess.

[altair]

How many kids will be committing a federal crime when they say “That’s so gay” or the next generic teenaged phrase?

My understanding is that that is exactly what is being targeted by this legislation.

[DBrow]

Here is the bill, Section E starting at page 1059 has the hate crimes provisions.

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h2647eas.txt.pdf

24 SEC. 4711. CONSTRUCTION AND APPLICATION.
25 Nothing in this division, or an amendment made by
26 this division, shall be construed or applied in a manner

1 that infringes on any rights under the first amendment to
2 the Constitution of the United States, or substantially bur3
dens any exercise of religion (regardless of whether com4
pelled by, or central to, a system of religious belief), speech,
5 expression, association, if such exercise of religion, speech,
6 expression, or association was not intended to—
7 (1) plan or prepare for an act of physical vio8
lence; or
9 (2) incite an imminent act of physical violence
10 against another.
11 (3) FREE EXPRESSION.—Nothing in this divi12
sion shall be construed to allow prosecution based
13 solely upon an individual’s expression of racial, reli14
gious, political, or other beliefs or solely upon an in15
dividual’s membership in a group advocating or es16
pousing such beliefs.
17 (4) FIRST AMENDMENT.—Nothing in this divi18
sion, or an amendment made by this division, shall
19 be construed to diminish any rights under the first
20 amendment to the Constitution of the United States.
21 (5) CONSTITUTIONAL PROTECTIONS.—Nothing in
22 this division shall be construed to prohibit any con23
stitutionally protected speech, expressive conduct or
24 activities (regardless of whether compelled by, or cen25
tral to, a system of religious belief), including the ex

1 ercise of religion protected by the first amendment to
2 the Constitution of the United States and peaceful
3 picketing or demonstration. The Constitution does not
4 protect speech, conduct or activities consisting of
5 planning for, conspiring to commit, or committing an
6 act of violence.

[altair]

It's buried inside a Defense Appropriations bill. It's a rider amendment, so you're not going to find it in a stand-alone search.

[DBrow]

21 ‘‘§ 1389. Prohibition on attacks on United States serv22
icemen on account of service
23 ‘‘(a) IN GENERAL.—Whoever knowingly assaults or
24 batters a United States serviceman or an immediate family
25 member of a United States serviceman, or who knowingly
1079
† HR 2647 EAS
1 destroys or injures the property of such serviceman or im2
mediate family member, on account of the military service
3 of that serviceman or status of that individual as a United
4 States serviceman, or who attempts or conspires to do so,
5 shall—
6 ‘‘(1) in the case of a simple assault, or destruc7
tion or injury to property in which the damage or at8
tempted damage to such property is not more than
9 $500, be fined under this title in an amount not less
10 than $500 nor more than $10,000 and imprisoned not
11 more than 2 years;
12 ‘‘(2) in the case of destruction or injury to prop13
erty in which the damage or attempted damage to
14 such property is more than $500, be fined under this
15 title in an amount not less than $1000 nor more than
16 $100,000 and imprisoned not more than 5 years; and
17 ‘‘(3) in the case of a battery, or an assault re18
sulting in bodily injury, be fined under this title in
19 an amount not less than $2500 and imprisoned not
20 less than 6 months nor more than 10 years.
21 ‘‘(b) EXCEPTION.—This section shall not apply to con22
duct by a person who is subject to the Uniform Code of
23 Military Justice.

[DBrow]

It does not seem to include verbal assault. it does go on about fire, firearms, explosives and such.

As for “that’s so gay”, if I were on trial I’d enter as evidence a dictionary and make the case that a “protected group” cannot own words in common use.

[DBrow]

Thanks, I found it!

[altair]

Hmmm. That's the correct Defense Appropriations bill. What's up with HR 3326 then? I'm sooo confused.

[DBrow]

Dunno, that bill seems not to be loaded with stuff.

[altair]

"Stuff" is a kinder word than I would have used.

Section 1046 -
Authorizes the Secretary, under certain conditions, to make certain wage-scale increase payments to Portuguese nationals employed by DOD in Portugal. Authorizes appropriations.

Section 1048 -
Expresses the sense of Congress that the Honorable Ellen O. Tauscher, Representative from California, has served the House of Representatives and the American people selflessly and with distinction, and deserves the sincere and humble gratitude of Congress and the nation.

Insanity. In section 1046, is some congressman paying off a mistress in Portugal?

[Fast Ed97]

SHOCKER:

McCain voted for it!!!

[thecraw]

McCain voted for it!!!

Do you know where to find out which other "Republicans" voted for this farce of a bill?

[kgnelson]

but not Islam