A New Federal Hate Crime Law?

Orrin Hatch and Teddy Kennedy are trying to push through the Senate a new Hate Crime law allowing the Federal government to step up the penalties on people who commit a crime against a protected group.

The hate crime laws, both the proposed federal version and the existing state versions, are, in my opinion, overly vague and a distortion of the "equal under the law" ideal. What is the objective determination of a hate crime? Where is the standard written down?

I don't think it exists. Too often, talking heads or reporters can legitimately say "This might be classified as a hate crime." That's a problem. There should be no "might." There should be no question one way or the other. It either is or it isn't.

But under the current hate crime law regime there is a subjective component. Not everyone is assured of being treated equally. What is a distasteful, but non-hate act to one prosecutor may be a hate crime to another. Without an evenly applied objective standard, it is not right.

The law appears to be designed to allow the targeting of unpopular ideas. One of our core beliefs is that unpopular ideas should be allowed as much as the popular ones. The First Amendment was designed in part to protect unpopular speech. The hate crime law would not only subvert that ideal, but it would allow a tyranny of the minority by giving every minority the right to declare virtually any perceived slight as a hate crime worthy of federal prosecution.

There is no need for a federal hate crime law, but then again, there was no real need for the state versions, either. They are merely the results of politicians trying to prove themselves "tough on crime" without ever considering the real consequences of their well-intended laws.

The saying goes "The road to Hell is paved with good intentions." Well, in our case Hell is an unfree society in which people are prosecuted and persecuted for their ideas. The hate crime laws are but a stepping stone on that road.

UPDATE: Found an article in Penn State's student newspaper that is germaine to the discussion. The Office of Multicultural Affairs at PSU selectively enforces diveristy, which is exactly what would happen with a federal hate crime law. Favored minorities get preferrential treatement, while everyone else gets accused. It is just wrong.