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SAYING WHAT HAS TO BE SAID...IN TRUE LIBERTARIAN FASHION

Hate crimes probe of Gibson?

Published Monday, July 31, 2006 by Editor | E-mail this post

Increasingly controversial actor and director Mel Gibson lies in the midst of an anti-Semitic uproar. Apparently, Gibson, who was recently arrested for drunk driving, went on an anti-Semitic tirade the night of his arrest.

Who knows if Gibson is biased against Jews (he probably is, after all alcohol only destroys inhibition, it doesn’t create prejudice), but does that mean he should be prosecuted for his thoughts? Apparently the answer is yes, according to members of the Jewish community, including the Anti-Defamation League. The ADL and others have called for criminal probe of Gibson. The ADL has been no fan of Gibson since the release of Passion of the Christ, which they contend was anti-Semitic, an assertion which is devoid of fact. Nonetheless, the ADL Director Abraham Foxman, says there should be “consequences to bigots and bigotry.” Apparently those consequences include prison time or some other extra-constitutional punishment for thought.

While Gibson’s tirade, if true, is quite disgusting and deplorable, Gibson is no less entitled to harbor such thoughts if he so desires. Freedom of expression extends to hateful expressions as well and there simply is no lawful justification to prosecute Gibson or any other bigot for such comments, which underline the fundamental flaw with hate crimes legislation that punish individuals for their thoughts, rather than their actions. If Gibson is prosecuted for his comments then the archivists at the National Archives should immediately remove the US Constitution from its hermetically sealed container and have a bonfire on the national mall.
http://news.scotsman.com/international.cfm?id=1107012006

4 Responses to “Hate crimes probe of Gibson?”

Leftist Southpaw on August 01, 2006

I have never been a supporter of prosecuting "Hate Crimes." The motivation behind a criminal act is secondary to the act itself. What happened to Matthew Sheppard, for example, was horrifying. But the motivation behind the crime should not make the penalty greater than anyone else who commits murder. Most people would agree that what Andrea Yates did is the most heinous thing someone can do. Yet she did not commit a "hate crime." So does that make her action less deplorable? Of course not.

That being said, Mel Gibson committed no crime other than driving while intoxicated. A bit of social commentary, though- it is unfortunate that in our society, many people (and especially celebrities) do not enter rehab until they are caught in a criminal act. Mel Gibson's friends and associates probably knew about his problem, yet he never sought treatment.
Clint on August 01, 2006

If the justice system can legally distinguish premeditated crimes from non-premeditated, is it not saying that a person's thoughts before a crime can be taken into account when determining his/her punishment?

If it can be proven that a person has harbored malicious intent towards a group of people prior to the commitment of a crime against an individual in that group, shouldn't that evidence be considered when determining the punishment?
Clint on August 01, 2006

of course I understand that Gibson's crime has nothing to do with his thoughts, and I don't feel he should be prosecuted for anything other than drunk driving and not co-operating with an officer.

What I'm wondering is whether hate-crime legislation is fundamentally flawed as the editor says it is.
The Phalanx on August 01, 2006

Good point, however, I am one of the few who dislikes the idea of weighing premeditation as a factor in sentencing.

I no more want a methodical murderer who plans weeks in advance roaming the streets than I do someone who has a propensity to kill atthe spur of the moment