organization:united states supreme court

  • “Hate Speech” Does Not Incite Hatred - Quillette
    http://quillette.com/2018/01/18/hate-speech-not-induce-hatred

    The United States Supreme Court has recently reaffirmed that “[s]peech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground” is protected under the First Amendment of the United States Constitution. However, the protections of the First Amendment extend only to government efforts to punish or censor speech. Private entities remain free to take action against people who engage in speech which ostensibly demeans others, and private actors from Harvard University to Facebook and Twitter have punished or censored individuals whose speech they have found to be “hateful.”

    Those who advocate the censorship of so-called “hate speech” claim that it causes various ills, but perhaps the most common claim is that “hate speech” engenders hatred towards particular groups, and thereby causes violence against members of those groups. Such claims have been particularly common in recent years, and have included allegations that “anti-police hate speech” on the part of Black Lives Matters supporters has led to violence against police officers; that Donald Trump’s campaign rhetoric has led to an increase in hate crimes; and that anti-Muslim hate speech on the Internet can motivate some people to commit acts of violence against Muslims.

    The claim that “hate speech” causes hatred, and thereby causes violence, is superficially appealing, but the more one thinks about it, the less sense it makes. Is it really likely that otherwise reasonable people will be driven to hate others, and to violently attack those others, simply because they were exposed to hate speech? The proponents of that view rarely, if ever, offer direct evidence for that claim. There is a simple explanation for that failure: such evidence does not exist.

    At first blush, that would seem to be an outlandish claim. What about the infamous “hate radio” in Rwanda? Doesn’t everyone know that those broadcasts caused people who had peacefully coexisted with their neighbors to engage in genocide? Well, in fact, there is no evidence that that is true. This common understanding of the role of “hate radio” overlooks basic facts of Rwandan history, including the fact that the genocide took place in the midst of a Tutsi-dominated insurgency that had begun in 1990, and which had resulted in hundreds of thousands of internally displaced Rwandans as insurgent forces approached the capital in 1993, just a year before the beginning of the genocide. Thus, the myth that Rwanda was an Arcadia of ethnic harmony before the “hate radio” broadcasts began is just that: a myth.

    A father in Rwanda searches for his lost child. ©ICRC/Benno Neeleman

    Perhaps more importantly, the popular narrative regarding the role of “hate radio” ignores twenty years of scholarship which finds little evidence that the radio broadcasts caused people to engage in genocide. For example, a 2017 study published in Criminology found no statistically significant relationship between radio exposure and killing.1 Moreover, the anthropologist Charles Mironko interviewed one hundred convicted perpetrators and found that many either did not hear the “hate radio” broadcasts or misinterpreted them, and University of Wisconsin political scientist Scott Straus found that peer pressure and personal appeals, not hate radio, is what motivated most perpetrators.2 Similarly, political scientist Lee Ann Fujii’s book-length study of the Rwandan genocide found that those who participated in the genocide did not show unusual levels of fear or hatred of Tutsis. Instead, they participated through personal relationships with local elites, often because they feared repercussions if they did not participate. Hate had nothing to do with it.

    Professor Fujii’s findings are consistent with a recent study that was published in the Quarterly Journal of Economics, which found that villages with better radio reception had higher levels of participation in the genocide, but which credited that effect not to the creation of hatred, but rather to the fact that the broadcasts told those who were already willing to participate how to coordinate with others, and assured them that the government supported the killing and hence that they would not be punished.

    At this point, an alert reader might object that several “hate radio” executives were convicted of genocide-related offenses, and might also point to the well-known claim that some of the killers “had a radio in one hand and a machete in the other[.]” That is true, but it is also true that immediately after the assassination of the Rwandan president, the “hate radio” broadcasts shifted from general propaganda to broadcasting specific advice and instructions to those already participating in the genocide regarding who to kill and where to find them.3 It was for only those post-assassination broadcasts that radio executives were convicted, rather than for the pre-genocide, more generalized “hate speech.”

    Finally, these findings regarding the role of “hate radio” in the Rwandan genocide is consistent with what we know about the effects of propaganda in general. Contrary to popular belief, there is little evidence that propaganda is able to change minds; rather, it is generally effective only among those who already agree with it, and counter-productive among those who disagree.4 That was true even of Nazi anti-Jewish propaganda, which decreased denunciations of Jews by ordinary people in areas which had not historically been anti-Semitic.5

    Therefore, the scholarly consensus is clear: “Hate speech” does not engender hatred. Rather, to the extent that is has any effect on violence at all, it makes it somewhat easier for those already inclined towards violence to act, largely by placing an imprimatur of official approval on acts of violence, and thereby making people who are already hateful and prone to violence believe that they can get away with acting violently.

    This implies that censoring “hate speech” by ordinary persons is pointless – it is only “hate speech” by elites that can be dangerous (and even then not by creating hatred). There is no evidence that “hate speech” by ordinary persons has any effect on violence whatsoever. Thus, the efforts of such private actors as Facebook and Twitter to scrub the internet of what they deem to be “hate speech” by ordinary persons are, at best, misguided. But such efforts can also be dangerous because they help create excuses for governments to use allegations of “hate speech” to silence ideas that they dislike. Indeed, Freedom House has noted that that has already occurred in Russia, French courts have upheld “hate speech” convictions of advocates of the BDS movement to boycott of Israel, and in Spain, Catalan separatists who burned photographs of the Spanish monarch were fined on the grounds that they had incited violence and promoted hate speech.

    Finally, efforts to censor extremists can backfire by causing them to see themselves as a persecuted minority who are justified in using violent means to be heard. Therefore, as painful as American law’s protection of “hate speech” can be, the alternative is almost certainly worse. In addition, given that even the Supreme Court recognizes that, in the contemporary world, “the most important places … for the exchange of views … is cyberspace …, and social media in particular[,]” Twitter, Facebook, and other private actors should resist calls to censor hateful speech; they might believe that doing so serves the public interest, but in fact it does quite the opposite.

    Gordon Danning is History Research Fellow at the Foundation for Individual Rights in Education (FIRE). He has published a law review article on the free speech rights of high school students and conducted research on political violence.

    References:

    1 Hollie Nyseh Brehm. 2017. Subnational Determinants of Killing in Rwanda. Criminology, 55(1): 5-31. http://onlinelibrary.wiley.com/doi/10.1111/1745-9125.12126/full
    2 Scott Straus, 2007. What is the relationship between hate radio and violence? Rethinking Rwanda’s “Radio Machete”. Politics & Society, 35(4): 609-637. http://journals.sagepub.com/doi/abs/10.1177/0032329207308181
    3 Richard Carver. 2000. Broadcasting and Political Transition: Rwanda and Beyond. African Broadcast Cultures: Radio in Transition, edited by Richard Farndon and Graham Furniss, 188-197. Oxford: James Currey 190.
    4 Hugo Mercier. 2017. How Gullible Are We? A Review of the Evidence from Psychology and Social Science. Review of General Psychology, 21(2): 103-122. http://psycnet.apa.org/journals/gpr/21/2/103
    5 Maja Adena, Ruben Enikolopov, Maria Petrova, Veronica Santarosa, Ekaterina Zhuravskaya. 2015. Radio and the Rise of The Nazis in Prewar Germany. The Quarterly Journal of Economics, 130(4): 1885–1939. https://academic.oup.com/qje/article-abstract/130/4/1885/1916582?redirectedFrom=PDF

  • “Liniersgate” – Is This Cartoon Wrong?
    http://africasacountry.com/liniersgate-is-this-cartoon-wrong

    The image that you see above was circulated often on social media last week after the United States Supreme Court legalized #same-sex_marriage in all of the 50 states of.....

    #LATIN_AMERICA_IS_A_COUNTRY #Argentina #Black_Power_Salute #civil_rights #LGBT_rights #Liniers

  • ‘The Supreme Court’s Marriage Precedents’ « MasterAdrian’s Weblog
    http://masteradrian.com/2012/11/28/the-supreme-courts-marriage-precedents

    ‘The Supreme Court’s Marriage Precedents’
    November 28, 2012

    Prop 8 Trial Tracker has posted a new item, ‘The Supreme Court’s Marriage Precedents’

    By Matt Baume

    http://youtu.be/CqQar-ArbV4

    At AFER, we often talk about how the United States Supreme Court has ruled fourteen times that marriage is a fundamental right.

    But what are those fourteen cases, going all the way back to the 1880s? Let’s take a closer look at exactly what they were about, and how they bolster the case to […]

    You may view the latest post at http://www.prop8trialtracker.com/2012/11/27/the-supreme-courts-marriage-precedents

    You received this e-mail because you asked to be notified when new updates are posted.

    Best regards, Adam Bink & the Prop 8 Trial Tracker team

  • http://lesliebrodie.blog.co.uk/2011/09/25/united-states-supreme-court-asked-to-review-alleged-corruption-

    Lending significant support to calls for an examination of corruption in the California Supreme Court, a sharply-worded brief was filed with the United States Supreme Court, urging it to grant review.

    In that brief, Marina Del Ray-based legal scholar Dan Dydzak minced no words in accusing former Chief Justice Ronald George and attorneys from the San Francisco-based law firm of Howard Rice of egregious misconduct.

    Specifically, it is alleged that Howard Rice was instrumental in using the State Bar of California/State Bar Court as a vehicle to punish Dydzak for his role in exposing alleged corruption and improprieties at brokerage house Charles Schwab, an established client of Howard Rice.

    Mr. Jerome Falk of Howard Rice, an appellate specialist with a mercurial personality. In 2008, during an interview with a legal publication, Mr. Falk stated while describing some opposing counsel, “I would do anything to squash them. So those cases don’t settle. You just want to rip their throats out.” After visiting Vietnam, Mr. Falk joined East meets West, an organization dedicated to improving the lives of children in Vietnam. (Photo:courtesy of Vietnam, East meets West)

    Dydzak alleges improprieties on the part of State Bar Court Judge Donald Miles, a former partner at Howard Rice, as well as Sean SeLegue, a current Howard Rice partner, and a cover-up by the California Supreme Court due to the close relationship between Ronald George and Howard Rice.

    Allegations of egregious misconduct, ethical violations, and appearances of impropriety have become commonplace against embattled Howard Rice.

    Recently, California’s First District Court of Appeal ruled that the failure of Howard Rice partner Sean SeLegue to disclose at the time of an arbitration (in which he served as arbitrator) that he generally defended attorneys and law firms in cases involving professional responsibility, along with the fact that he was actively representing a firm in a case before the California Supreme Court in a dispute over legal fees, created sufficient doubt as to SeLegue’s impartiality in his role as an arbitrator.

    Earlier this year, Howard Rice Partner Jerome Falk was accused of wrongdoing as a result of his decision to exonerate a friend of Ronald George – Thomas Girardi of Girardi & Keese – along with Walter Lack of Engstrom Lipscomb & Lack for misconduct the two committed while litigating a case against Dole Food Company before the Ninth Circuit Court of Appeals.

    During the Ninth Circuit proceedings, and after the case against Dole was dismissed, Chief Judge Alex Kozinski issued an order to show cause why attorneys Walter Lack, Paul Triana, and Sean Topp of Engstrom Lipscomb & Lack, as well as Thomas Girardi and Howard Miller of Girardi & Keese, should not be disbarred or suspended from practicing before the Ninth Circuit.

    Subsequently, in late 2010, a Ninth Circuit panel consisting of Justices William Fletcher , Marsha Berzon, and Randy Smith found that Lack and Girardi had committed grave misconduct which included “the persistent use of known falsehoods,” and that the “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation.

    Despite the Ninth Circuit’s determination, in his capacity as special prosecutor, and after reviewing the Ninth Circuit file, Howard Rice partner Jerome Falk chose to not file any disciplinary accusations against Thomas Girardi and Walter Lack, stating that he believed Lack’s misconduct was not intentional.

    Recently, a shocking discovery was made concerning the fact that Thomas Girardi and Walter Lack were actually clients of Jerome Falk and Howard Rice.

    Separately, partner Douglas Winthrop, as reported earlier, is under extreme scrutiny in matters relating to the now-defunct charity CaliforniaALL.