Hate speech

I have a feeling that the subject of hate speech will be dead thanks to the new legislation from the senate. While one reacts favorably on an intuitive level, that nagging freedom of speech issue, and the double penalties, keeps coming back.

For example, let us suppose that I am running with a friend who is openly gay and cross-dresses. As we run along someone jumps out yells “take that, skinny!” and cuts me on the arm with a knife. Realizing that the person in the skort (a running skirt) is a guy, the mugger yells “fag!” as he takes a slash at him, also cutting him on the arm. After we subdue the mugger and tie him up with my friend’s tasteful pink running scarf, the police haul him off. Because I’m a straight guy wearing shorts, my cut is a matter of assault and not a federal crime. But, since my gay friend was wearing a skort and the mugger yelled “fag”, the attack on him is now a federal crime-even though his injury is the same as mine. As such, it would seem to be unjust for the mugger to be regarded as having done something worse to my friend than to me. More...