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On Thursday, the San Antonio City Council voted 11-0 to classify terms like “Chinese virus” and “Kung Fu Virus” as hate speech. They also encouraged local to snitch on “any such antisemitic, discriminatory or racist incidents to the proper authorities for investigation.”
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I didn’t realize there were any laws against “hate speech” in the US. It should not be possible to criminalize speech. The First Amendment should make that impossible.
Most viruses are named for where they come from. That council is not helping people unite. I’ll be at the next meeting exercising my first amendment rights, try to stop me, and they’ll be eating through a straw for years.
Hate speech doesn’t exist and can’t be prosecuted. Free speech is free speech. There are certain limits like shouting fire in a crowded theater where your actions would incite panic and cause people to possibly die. Unless of course the theater is actually on fire. Calling a Chinese virus that originated in Wuhan, the “Chinese Virus” is accurate speech and can’t be deemed illegal according to the Constitution. Any laws made by morons that violate the Constitution will be struck down.
[The Independent [2]] The resolution was introduced by the city’s mayor, Ron Nirenberg, as a response to increased aggression aimed at Asians and Jewish people in the city, stating “the safety and well-being of all community members, including the Asian and Jewish communities, and in combating hate crimes targeting Asians, Jews and Pacific Islanders.”
According to Councilwoman Shirley Gonzales, a local Chinese restaurant had been the site of several racist incidents rooted in coronavirus fears.
“It’s been in operation for almost 90 years. They have been the victims of hate speech and hate crimes, with vandalism and that sort of thing on their property,” Ms Gonzales said.
Senator Ted Cruz tweeted his disapproval of the resolution.
“This is NUTS. SA City Council behaving like a lefty college faculty lounge, triggered by Chick-fil-A & the words “Wuhan virus.” If they want to investigate someone, start with NYT & CNN who both repeatedly (and rightly) referred to it as ‘the Chinese coronavirus,'” Mr Cruz said.
A “hate crime” isn’t a crime because it could have been motivated by hatred of a protected group. It’s still a crime even without the motivation of hate. The addition of hate motivation just makes the punishment for the crime more severe. Likewise, for speech. To qualify as a crime, “hate speech” would have to be illegal even without the motivation of hate. Are the words “Chinese virus” illegal also if they are spoken without the motivation of hate? The answer is a resounding “NO.”
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Yes, some types of speech are not legal. You can’t threaten someone with physical harm. You can’t incite others to cause physical harm to someone else. You can be held civilly liable for saying or writing something about someone else, which is false, and which harms their reputation. In every case, it’s the consequence of the act that makes the speech illegal. It’s not the words themselves.
What are the consequences of saying “Chinese virus?” Other than angering the CCP, there are no consequences.
This piece was written by Wayne Dupree on May 8, 2020. It originally appeared in WayneDupree.com [4] and is used by permission.
Read more at WayneDupree.com:
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