The anti-free speech movement in the United States continues to grow with alarming speed among writers, journalists, academics, and most importantly Democratic members of Congress. Members now openly call for censorship and the manipulation of what citizens see and read. Yet, even in this environment, a recent proposed by Rep. Sheila Jackson Lee (D., Tx.) is a menacing standout. Jackson has introduced a bill that is an almost impenetrable word salad of convoluted provisions. However, what is clear (perhaps the only clear thing) is that the “Leading Against White Supremacy Act of 2023” would gut the First Amendment and create effective thought crimes. The bill is not going to pass. However, the anti-free speech elements of the bill are deeply disturbing because they reflect successful efforts at speech criminalization in other countries. It also reflects elements in a bill that I testified against last year in the Senate.
The criminal penalty is based on this general provision:
(a) In General.—A person engages in a white supremacy inspired hate crime when white supremacy ideology has motivated the planning, development, preparation, or perpetration of actions that constituted a crime or were undertaken in furtherance of activity that, if effectuated, would have constituted a crime.
Thus, anyone who is accused of white supremacy ideology (as opposed to other race-based ideologies) can be charged if such views have “motivated” others to plan or perpetrate criminal acts. It is a criminal hate speech law that would violate core principles of the First Amendment. It makes clear that the accused does not actually have to support or conspire in a crime. Even being accused of espousing “replacement theory” is enough to generate a federal charge.
The “Great Replacement Theory” was the focus of a Senate Judiciary Committee hearing last year, in which Democrats alleged that Republicans — and Fox News in particular — are “radicalizing” domestic terrorists with rhetoric opposing illegal immigration. (I testified at the hearing). Members advocated legislation to force the FBI to focus on such theories as dangerous white supremacy threats.
The Jackson bill would allow postings on social media to be the basis for criminal charges:
(B) at least one of whom published material advancing white supremacy, white supremacist ideology, antagonism based on “replacement theory”, or hate speech that vilifies or is otherwise directed against any non-White person or group, and such published material—
(i) was published on a social media platform or by other means of publication with the likelihood that it would be viewed by persons who are predisposed to engaging in any action in furtherance of a white supremacy inspired hate crime, or who are susceptible to being encouraged to engage in actions in furtherance of a white supremacy inspired hate crime;
(ii) could, as determined by a reasonable person, motivate actions by a person predisposed to engaging in a white supremacy inspired hate crime or by a person who is susceptible to being encouraged to engage in actions relating to a white supremacy inspired hate crime; and
(iii) was read, heard, or viewed by a person who engaged in the planning, development, preparation, or perpetration of a white supremacy inspired hate crime.
The bizarrely written reasonable person standard is so opaque and cryptic that is enthralling. How would a reasonable person discern a predisposition to engage in white supremacy? It appears to follow Supreme Court Justice Potter Stewart’s test for pornography in his concurring opinion in Jacobellis v. Ohio, 378 U.S. 184 (1964): “I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that.”
Once again, this is so flagrantly unconstitutional on so many levels from free speech to vagueness that it is actually impressive. It is easy, however, to dismiss except that such criminal penalties exist in other countries like England where even a silent prayer is a criminal offense when done near an abortion clinic.
Last year, Nicholas Brock, 52, was convicted of a thought crime in Maidenhead, Berkshire. The neo-Nazi was given a four-year sentence for what the court called his “toxic ideology” based on the contents of the home he shared with his mother in Maidenhead, Berkshire.
While most of us find Brock’s views repellent and hateful, they were confined to his head and his room. Yet, Judge Peter Lodder QC dismissed free speech or free thought concerns with a truly Orwellian statement: “I do not sentence you for your political views, but the extremity of those views informs the assessment of dangerousness.”
Lodder lambasted Brock for holding Nazi and other hateful values:
“[i]t is clear that you are a right-wing extremist, your enthusiasm for this repulsive and toxic ideology is demonstrated by the graphic and racist iconography which you have studied and appeared to share with others…”
Even though Lodder agreed that the defendant was older, had limited mobility, and “there was no evidence of disseminating to others,” he still sent him to prison for holding extremist views.
After the sentencing Detective Chief Superintendent Kath Barnes, Head of Counter Terrorism Policing South East (CTPSE), warned others that he was going to prison because he “showed a clear right-wing ideology with the evidence seized from his possessions during the investigation….We are committed to tackling all forms of toxic ideology which has the potential to threaten public safety and security.”
“Toxic ideology” also appears to be the target in Ireland with the recently proposed Criminal Justice (Incitement to Violence or Hatred and Hate Offences) law. It would criminalize the possession of material deemed hateful. The law is a free speech nightmare. The law makes it a crime of possession of harmful material” as well as “condoning, denying or grossly trivialising genocide, war crimes, crimes against humanity and crimes against peace.” The law expressly states the intent to combat “forms and expressions of racism and xenophobia by means of criminal law.”
What is so striking about the law is that it allows for the prosecution of citizens for “preparing or possessing material likely to incite violence or hatred against persons on account of their protected characteristics.” That could sweep deeply into not just political but literary expression.
Once again, the Jackson bill will thankfully die in the House. However, it reflects the same erosion of free speech values that we have seen in other countries from Canada to Germany to the United Kingdom.
I like her better in the cowboy hat and spurs that jingle when they jangle. It was so refreshingly and honestly her. Playing cowboy and indian seems a natural for her. Thinking — not so much. Here’s a hope that Hank “Help! Guam is listing to port” Johnson signed on, too!!
mespo—-Fabulous!
Isn’t it though!!
I think you are thinking of Florida’s Frederica Wilson, close to 80, sequined cowboy hats, a complete buffoon, who oversees one of the most poverty-stricken, crime-ridden congressional fistricts on FL …
Just like Alcee Hastings (corrupt federal judge convicted of bribery), Corinne Brown (currently serving out a criminal sentence in prison) Maxine Waters (implicated in Shore Bank scandal, and who doesn’t even live in her district, which has been overrun with illegals), ad nauseum.
Amazing that their constituents keep voting them in.
Those commenters who have observed that Sheila Jackson Lee has gone past her ‘expiration date’ so to speak, are most likely the most spot on. How on Earth do voters actually feel
properly and professionally represented in Congress by this person?
Had basic training at Ft. Dix. The lead drill instructor was Drill Sergeant Sherry. Sergeant Sherry was a big black man & had a screaming eagle patch “101 first airborne” on his uniform.
Went on a 10 mile march. Sergeant Sherry started a marching song that went like this:
“Big black mama whatcha gonna do”
If this was so important for her, then why didn’t she file this legislation when the Democrats controlled the House?
PeterK: Exactly! This is just cheap political theater that will force a Republican “no” vote. Then this clown will rant on about how Republicans support white supremacist speech. Democrats aren’t good at much, but they do “entrapment” very well.
I confess. I am a white supremacist, not as defined by Webster, but as defined by one of the leading lights of the anti-white supremacy movement, Tema Okun. In an article on a website sponsored by Harvard University, she listed 15 characteristics of people who are white supremacists (even though, like me, they did not know it). This is it: https://rrapp.hks.harvard.edu/the-culture-of-white-supremacy-in-organizations/. She nailed me. Among the damnable characteristics I possess are: “(1) Perfectionism, such as pointing out how a person or their work is inadequate. Instead, expect that everyone will make mistakes and that mistakes offer opportunities for learning; (2) Sense of Urgency, such as prioritizing quick or highly visible results that can exclude potential allies. Instead, discuss what it means to set goals of inclusivity and diversity, particularly in terms of timing; (3) Defensiveness, such as spending energy trying to protect power or defend against charges of racism. Instead, work on your own defensiveness and understand the link between defensiveness and fear… (4) Worshipping (sic) the Written Word, such as valuing strong documentation and writing skills. Instead, work to recognize the contributions and skills that every person brings to the organization… (5) Individualism, such as wanting individual recognition and credit. Instead, make sure credit is given to everyone who participates, not just the leaders… (6) Believing in Objectivity, such as considering emotions to be irrational and destructive to decision-making. Instead, push yourself to sit with discomfort when people express themselves in unfamiliar ways”, etc.
For all of those times I have acted as a white supremacist, I apologize. From this day forward I will strive to be as mediocre as I can because as I read Okun’s list, mediocrity seems to be the best that she believes blacks can hope to achieve.
What a racist.
hlm:
“For all of those times I have acted as a white supremacist, I apologize. From this day forward I will strive to be as mediocre as I can because as I read Okun’s list, mediocrity seems to be the best that she believes blacks can hope to achieve.”
******************************************
Everybody’s tribal. Sorry, its in our DNA. We favor our own over those not our own. Adults do it, teens do it, hell, even babies do it. Overall group pride should be promoted and seen as a constituency of national pride. It’s the melting pot theory and why we loved Little Italy, Chinatown and Little Korea. Instead its flipped on its head and it’s now a wedge used by the government to favor some at the expense of others. This dynamic is how you fracture a society. Thankfully, the typical man on the street out of the Beltway isn’t affected but, of course, he will be if this insanity over group identity is allowed to exist.
Birds of a feather flock together for a reason.
mespo727272: Anthropologists have a term for this: ethnocentrism. Every society thinks it’s the best and the center of the world. It’s a non-judgmental term that simply states the facts as they have been found on every continent in every village. Most likely it’s an evolutionary trait, to insure the survival of the group over the individual. It can be manipulated and distorted to divide and conquer, which is what the Democrats have been doing. More import, no country can survive long if it turns its hatred on itself. It will self-destruct from within.
I stopped reading at #1 “Perfectionism, such as pointing out how a person or their work is inadequate. Instead, expect that everyone will make mistakes and that mistakes offer opportunities for learning;”
Doctor ‘I took out the wrong Kidney and now you have none’
Jackson Lee ‘That’s fine, mistakes will be made and you will remember not to be so sloppy and label the kidney’s next time.’
honestlawyermostly,
Reading that, looks like I am a white supremacist of the worst kind:
1) I am not white.
2) I did not realize a number of those things are even considered to be white supremacist thinking.
3) I call most of those thing common sense.
I recently went to a tapas style restaurant. There they “pooled” their tips. Meaning all tips were pooled together, and then gets divided out to all equally in the name of equality. With the exception of an actual waiter/waitress, everyone did everyone elses job. Delivered drinks, ran food, bussed tables.
It was very slow and disorganized.
It was a perfect example of what the kind of society leftists want.
Upstate Farmer:
1) You are smart and discerning. You want to read multiple sides to an issue.
2) You take the time to agree or disagree with another commenter. When you disagree, you substantively explain without attacking the commenter.
3) You seldom comment unless it is something about which you have something to say. You are not motivated by simply seeing your name and comment posted.
4)You definitely have common sense. And more.
That is what makes you superior to me.
(Ha ha, just coming across one of my own earlier comments. I meant to say, “To me, this is what makes you superior.”
But then again, both could be true!)
The division of labor has been a huge contribution to the skills expected in Western Civilization. Only substandard tribal societies expect every person to grow his own food, make his own clothes, ad nauseum. This is truly backward thinking. Ugh.
Missy:
Ancient Romans were distinctly tribal throughout their society yet practiced division of labor. I’m not seeing your point.
honestlawyermostly: Proud “white supremacist” here too! We should just throw this back in their faces. They are apologists for failure, and whether they realize it or not, by defending mediocrity and substandard behavior, they are admitting the failure and hopelessness within their own communities.
This reminds me of the grifting blacks that preyed on their own people during Reconstruction, and about which the magnificent Booker T. Washington wrote often…
I haven’t seen a single black Congressperson who has elevated his/her district to alleviate poverty, increase good jobs, improve education quality, reduce crime, or in any way benefit their constituents. Disgusting!
“For all of those times I have acted as a white supremacist, I apologize.”
The Council for the Harmonious Balance of the Races (CHBR) has deemed you ‘insincere.” You have been sentenced to a struggle session, which shall include public humiliation by those close to you. Fair warning: A second offense adds the penalty of torture (also by those close to you).
P.S. There is no avenue for appeal.
Just to be absolutely, crystal-f*cking clear here: if the Democrats WEREN’T trying to replace or diminish the White population for their electoral advantage, then this miserable hack Jackson Lee wouldn’t be introducing this bill. This bill is proof positive that this is exactly their intent and what they mean to do.
The congresswoman from Texas has been shown over and over again to be a complete idiot, a racist hater and a complete embarrassment to the state of Texas and the nation…but this is even moronic for her!
Imagine if the congresswoman took out the “white” language and instead kept the criminal aspect in effect for people of any race, color or religion. Would Cori Bush be allowed to roam the halls of congress with her espousal of white hatred? Would Rashida Tlaib and Ilhan Omar be allowed to serve with their Jew hatred? Would BLM be legal? Would Robin DeAngelo and Ibram Kendi be allowed to go to universities to tell whites how bad they are?
In our new land of Doublestandardstan the left, blacks, gays, trans and women of color can say and do anything without it raising an eyebrow, but let a white man, or even a white conservative woman dare to have a political opinion and the DOJ will be on the case. ANTIFA has not been investigated by the DOJ but parents at school committee meetings are treated as terrorists. Has anyone been stopped on a highway by concerned parents? Have any federal courthouses been burned by conservatives? Has any police stations been attacked by right wingers?
Sheila Jackson Lee is just an older version of Ayanna Pressley and the squad or any other far left radical rep that emerges from the black enclaves that produce such bright lights as Maxine Waters. The right has a few morons as well, see Lauren Boebert, Matt Gaetz and Joe Biden Santos for example, but the radical loons in the Democrat party are gaining significant ground and becoming a threat to our discourse and to…, ironically, the Democrats.
RE:”Imagine if the congresswoman took out the “white” language and instead kept the criminal aspect in effect for people of any race, color or religion. Would Cori Bush be allowed to roam the halls of congress with her espousal of white hatred? Would Rashida Tlaib and Ilhan Omar be allowed to serve with their Jew hatred? Would BLM be legal? Would Robin DeAngelo and Ibram Kendi be allowed to go to universities to tell whites how bad they are?
In our new land of Doublestandardstan the left, blacks, gays, trans and women of color can say and do anything without it raising an eyebrow, but let a white man, or even a white conservative woman dare to have a political opinion and the DOJ will be on the case. ANTIFA has not been investigated by the DOJ but parents at school committee meetings are treated as terrorists. Has anyone been stopped on a highway by concerned parents? Have any federal courthouses been burned by conservatives? Has any police stations been attacked by right wingers?
Sheila Jackson Lee is just an older version of Ayanna Pressley and the squad or any other far left radical rep that emerges from the black enclaves that produce such bright lights as Maxine Waters.” PREE-CISE-LEE!! My initial contribution was less elegant, deemed inappropriate, and unsuitable for posting. This will serve.
hullbobby: And they’d have to shut down MSNBC completely. It should also be noted that the blacks ranting about “white supremacy” are the elites. They’re the ones who made out very well in the society they now want to dismantle.
Gio, you are right. How could Elie Mystal ever have a platform? How about Sharpton and his past statements? How about Joy Reid? Pure hatred and racist bigotry from the entire crew over there.
Usually on the backs of other blacks.
This is Medieval in nature. People being burnt alive at the stake for supposed blasphemy or witchcraft. The fact that a US Representative introduced this legislation is truly frightening.
The new narrative:
Support election security and integrity with presenting picture ID?
You are advancing white supremacy, white supremacist ideology!
Support legal immigration?
You are advancing white supremacy, white supremacist ideology!
Question anything that may be critical of a POC point of view?
You are advancing white supremacy, white supremacist ideology!
I expect to see more of this leading up to the 2024 election, as a means to demonize anyone who is non-woke.
Already seeing some pundits calling DeSantis a white supremacist, or Nazi.
When all else fails, that is the low bar they sink to.
These illegals have taken over Maxine Waters’ district, which was historically black, and driven out longtime residents there. Sheila knows that this is happening all over the US, and she only sees more voters for her. She just doesn’t want her constituents to notice.
Race hucksters regard a defense of individualism as “advancing white supremacy.” Want to force people into the pit of collectivism? Then make individualism a crime.
More broadly, when you seek total control and power — but lack the ability to *persuade* — you pull a page from the tyrant’s handbook: You criminalize dissent.
Once open, reasoned debate is illegal, how do those power-lusters expect people to settle their disputes? There is only one option left: Mad, widespread violence.
Sam,
Agreed.
By making anything critical of their POV or the planks in their platform, into criminal or by even linking those to white supremacy, they can silence all dissent. Thereby controlling the narrative.
Even scarier, make it a thought crime.
Welcome to 1984.
“Mad, widespread violence.”
I have stated on this blog on more than one occasion, we must not go down the path of civil war. With people advocating purposed laws such as this one, I fear war maybe inevitable.
I would much prefer the formation of two different parallel societies, the two which never meet.
But leftists cannot tolerate something like that. It is about power and control to them.
Well, and “our side” are the productive side, we have children within a marriage, we pay our bills, we speak standard English, we prize education, we generate the wealth that pays taxes (which Lee wastes on absurd laws like this one). They can’t survive without us. We are her slaves, actually.
Well said, sir.
I would propose amending the Constitution to require the dismissal of members from Congress by simple majority vote, of legislation like this that is prima facie unconstitutional, like this type of legislation proposed by Representative Lee. The writing of such a bill is evidence that she is unable to comprehend what the laws of the nation are.
I agree, completely.
If a majority of a house could expel a member, then immediately after each election the majority would simply expel the entire minority.
Progressives are stupid.
The Democratic Party- the greatest free speech rationalizers in history, and getting worse by the day. I am anxious to see how many of Lee’s brethren denounce this proposal; I predict none.
So if someone commits a crime that they claim was inspired by what they considered the white supremist ideology of some random individual, that random individual may be prosecuted as well?
Damn! If these hideous human beings had their way, white, heterosexual, conservative, Christian males would be on the endangered species list.
Where people often go astray with the United States Bill of Rights, is they operate by restricting the power of the Federal Government. (This was to aswage fears of the People that the newly proposed federal govt would use its power to abuse the people)
The First Amendment of the US Constitution, using small common un-ambigious words STOPS the Federal Government. “Congress shall make no law,,, abridging the freedom of speech…
I can’t find the words to express all the emotions I feel, about the people that put pen to paper to believe this somehow doesn’t violate such a basic human right.
Sheila Jackson Lee takes the baton has the most Stupid member of congress. Stupid, not ignorant. Ignorant is simply not knowing some things. Stupid is the instability to learn. Not learning basic Civics is a clear maker of Stupid.
but history shows white europeans pretty supreme.
time to cut 50% of fed government. End aid to cities and colleges. And TAX all non-profits where ANYONE gets $100k+…including colleges, hospitals, and non-profits like the Clinton Fund.
Also a 5% tax on GROSS all Wall Street Transactions…there is too much power with wall street…with too little benefit to main street!
TAKE away power from government and wall street…to make America…America again!
apparently you are unaware that the majority of Wall Street transactions involve the middle class
I’m not taking sides, but despite the fact that the majority of Wall Street Transactions involve the middle class, almost all of the middle class sign a proxy transferring their company votes to Wall Street.
Race hustlers keep punching. Someday, white people will punch back.
Thank you very much Jonathan for writing this. It’s really remarkable (and alarming) how quickly the anti-free speech movement has taken off in the past few years. Like many other Democratic members of Congress, Representative Lee is selective in what she considers to be “hate speech”. I hope that your prediction that this House Bill will die in Committee is correct. Otherwise, we will be more like Canada and Australia before you know it. Thank you.
Sheila Jackson Lee wears her stupidity like a badge of honor.
I just read about this at the NY Garbage Post, and I’ll repeat what I said there: It’s an anti-free-speech bill.
There was a time in America when no responsible congressional representative or news publication would take this sort of nonsense seriously enough to pay it any attention. But those days are LONG gone.
if you think the NYPost is “garbage” then why do you read it?
PeterK: To know thy enemy.
I guess it would never occur to a dweep like you that one doesn’t just read things with which one agrees. But I get responses like yours regularly at the Garbage Fox website, anytime I dare to not bow down to some ignorant Fox bot’s version of wisdom.