Pelosi vs. the ACLU on the Federal Hate Crime Bill
14th October 2009
House Speaker Nancy Pelosi (D-Calif.) claims the latest version of the federal hate crime bill, which the House passed last week and the Senate is expected to approve any day now, includes “protections for freedom of speech and association” that are “stronger” than the language in the version passed by the House last April. That’s the reverse of the truth. Last spring’s version said “evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense.” The American Civil Liberties Union cited this safeguard in reversing its longstanding opposition to the bill. By contrast, the current version (PDF) says “nothing in this [bill] shall be construed to allow prosecution based solely upon an individual’s expression of racial, religious, political, or other beliefs or solely upon an individual’s membership in a group advocating or espousing such beliefs” (emphasis added). Since all the crimes covered by the bill are acts of violence that already are illegal under state law, this assurance amounts to nothing.