House Bill Would Criminalize Social Media Postings Supporting “White Supremacy” or “Replacement Theory”

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;

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.

96 thoughts on “House Bill Would Criminalize Social Media Postings Supporting “White Supremacy” or “Replacement Theory””

  1. ““Leading Against White Supremacy Act of 2023” would gut the First Amendment and create effective thought crimes.” But I thought that is one of the prog/left’s ongoing goals; to dismantle and gut our Constitution and Bill of Rights. That affirmative action hack is “jus doin’ her job”.

  2. More of the famous leftist tolerance we keep hearing about.

    Just waiting for some s@@tlib to explain why this is a good idea and why you are a ‘nazi’ if you oppose it.



  3. jajuan62 says:January 17, 2023 at 1:17 PM
    It has been demonstrated that individuals who have experienced PTSD-level events can have epigenetic changes in DNA that can be transmitted generations into the future. This is one of the bases by which some African-Americans (and others) justify their position that they are STILL marginalized because of institutional racism, history of maltreatment by whites, and other forms of discrimination which persist to the present day.

    Oh really? How about some published peer-revewed medical journal articles to back up your claim? I bet you can’t.

    You sound just like the idiots who claim that sharks still patrol the Atlantic coasts waiting to eat slaves thrown off the boats bringing them to Brazil. It’s a genetic memory, you see…..

    Bloody nonsense.

  4. Turley: why is it the case that you only find offensive measures proposed by Democrats that you claim obstruct freedom of speech, but have nothing to say about Republicans who do worse, like DeSantis banning books by black authors, including Toni Morrison, anti alleged “CRT” teaching by both Santis and Huckabee Sanders (which isn’t being taught in public schools) Florida’s “don’t say gay” law, Huckabee Sanders banning the word “Latinix”, the list goes on and on? Could the paycheck you receive from Fox have something to do with your bias on this point? And, could your biased posts be influenced by the Fox agenda of always finding some way to criticize people of color, like Nikole Harris and Rep. Lee and ignoring the same things done by whites?

    1. Banning Toni Morrison isn’t anti-black, it is anti-mediocre and anti-smut. Idiots who want to bore themselves with self-indulgent pablum can read Toni in college in FL.

      OTOH, Lee is a racist POS proselytizing anti-white under the guise of ‘we be oppressed.’ She is a laughable hack.

      But we know there is nothing more that dems like than corrupting minors in and out of school. Sorry if you don’t like getting your BS called on you.

    2. Neither DeSantis nor Sanders have banned anything. They have properly directed their employees on how to do their jobs.

      It is perfectly legal in Florida to buy and read any book you like, but certain books do not belong on public school curricula.

      There is no such thing as a “Don’t Say Gay” law. It’s an outright lie invented by the Democrat Party. But it is quite properly illegal in Florida for a public school teacher to teach five-year-olds about sex. That is all.

      And of course it remains legal in Arkansas to use whatever unpronouncable non-words you like — so long as you aren’t doing so as an agent of the state, in which case you have to use correct and comprehensible English, or whichever language you’re supposed to be using.

    1. Well that explains just about everything about that Anti-American person.

      Reminds me of that hot sauce commercial: It’s from in New York City, Get a Rope! LOL;)

    2. And a constant embarrassment to older graduates of her alma mater. How low they have sunk through affirmative action quotas.

    3. Last I heard I think it was the Texas AG Paxton has a investigation into election fraud in the Houston Tx area. Could TX be so lucky to rid themselves of Sheila Lee & others surrounding her?


      I wanted to post this video again below. I’ve gotten to where I can’t do the things I used to when I was young, same for million of Boomers & others I’m sure. Then one question comes up is what to do to keep from getting bored.

      The Infowars crew found & posted it @ Banned.Video under the Hit the Breaks channel, left hand side. close to the bottom.

      Point being someone & others spent their time putting together/editing the music, videos, pictures timed, telling a unique story of history. See what you think.


      About 4 minutes. One can skip the ads at the start.

      Requested: Issac Kappy Unreleased Song: The Present



      Dec 6, 2022
      Hit The Breaks
      Hit The Breaks

      Several crew members have received emails about the song that runs during the breaks.

  5. Soo according to Lee’s bill if an American Indian gets up in your face and pounds his drum in your ear you are guilty of hate thought if you just stand and smile at him. Lee and her friends in the media will say, can’t you see that racist smirk on his face. Oh wait! That already happened. If comrade Lee was in charge that kid would be in the gulag where she thinks he should be.

  6. To give more context and legal framework to what JT provides, Jackson Lee’s bill (HR 61) would expand the existing Hate Crimes Act (18 USC 249) that covers crimes of bodily injury (and attempts) done “because of actual or perceived race, color, religion, or national origin of any person” by adding “or because of a white supremacy based motivation against any person”. With the added language, I think you would still need the underlying crime of bodily injury (or attempt).

    1. It doesn’t matter. It is constitutional to punish the actual criminal, or anyone directly involved in the crime, including any actual conspirators. It is not constitutional to punish a person whose words allegedly inspired a criminal, or gave him the idea, or encouraged him.

      And even if that were constitutional, it would still be unconstitutional for the government to engage in viewpoint discrimination by punishing only advocates of white supremacy and not those of black supremacy, critical race theory, or any other ideology.

  7. It has been demonstrated that individuals who have experienced PTSD-level events can have epigenetic changes in DNA that can be transmitted generations into the future. This is one of the bases by which some African-Americans (and others) justify their position that they are STILL marginalized because of institutional racism, history of maltreatment by whites, and other forms of discrimination which persist to the present day.

    These facts, however, do not justify the attempt to criminalize thought/speech of ANY kindby any group — Whites or otherwise. I thought Brandenburg v. Ohio made that clear. In order to have “free” speech, “hate speech” must also be protected (unless it is used to create imminent lawless action). MORE speech (or alternatively BETTER speech) is the remedy for intolerant speech.

    I don’t believe “hate speech” should be protected when used against our children in school, however. School systems should be able to proscribe intolerant/racist speech by administrative remedies such as suspension/expulsion without having to resort to criminal law.

    The world often is not a friendly place. It can be harsh, intolerant, unfair, and downright vicious at times. Parents MUST prepare their children for this surety prior to their achieving the age of majority. Then, those newly-minted adults must take their place — fully prepared — to challenge hate speech with better speech. Not only that, but to live their lives with the values they profess, lest their stated free speech “beliefs” be considered hypocritical.

    1. @jajuan62

      Just to add to my earleir comment—it’s easy to demonstrate the falsity of your proposition that blacks experience genetic PTSD. Consider the Jews fleeing the Holocaust, all the immigrants from totalitarian goverments in China, Russia, Iraq, Cuba and elsewhere. Such groups all have come here to escape their pasts, and NONE of them are asserting that they too have genetic PTSD as a result.

      And ALL those people have offspring here who are not suffering from epigenetic PTSG, even though that persecution was experienced by their parents.

      Neither are the offspring of southern and eastern Europe countries who came here by the millions 100 years ago.

      So…why are blacks claiming they have been genetically modified by slavery, which ended 150 years ago?

      Finally, let’s see some actual science pointing to epigenetic changes that direcly lead to permanently altered emotional states. Where’s the beef?

      1. Finally, let’s see some actual science pointing to epigenetic changes that direcly lead to permanently altered emotional states. Where’s the beef?

        There are hundreds of PubMed articles on the subject of epigenetic transgenerational inheritance

        However, as one who researches epigenetics re: immunology and heart disease, our understanding of epigenetics is marginal at best. However, just to have some fun…

        extrapolating from jajuan’s erroneous comment, black males may have higher testosterone levels than white males perhaps because of slavery and hence epigenetic heritable traits. How else to explain their higher rates of failed marriages/relationships, higher breeding rates, and black men being more muscular and more athletically gifted than whites?

        Richard A, Rohrmann S, Zhang L, Eichholzer M, Basaria S, Selvin E, Dobs AS, Kanarek N, Menke A, Nelson WG, Platz EA. Racial variation in sex steroid hormone concentration in black and white men: a meta-analysis. Andrology. 2014 May;2(3):428-35. doi: 10.1111/j.2047-2927.2014.00206.x.

        Mazur A. The age-testosterone relationship in black, white, and Mexican-American men, and reasons for ethnic differences. Aging Male. 2009 Jun-Sep;12(2-3):66-76. doi: 10.1080/13685530903071802.

        Ross R, Bernstein L, Judd H, Hanisch R, Pike M, Henderson B. Serum testosterone levels in healthy young black and white men. J Natl Cancer Inst. 1986 Jan;76(1):45-8. PMID: 3455741.

        To really drive home the point, obesity in adults may be driving epigenetic transgenerational inheritance in their offspring which might explain why so many young kids today are cowardly. They may have inherited epigenetic traits from parents who were sedentary and consequently do not have it in their DNA to compete and face adversity

        The discovery of epigenetic inheritance, more than a decade ago, has further highlighted the observation that individual phenotypes are not only determined by one’s own genes and gene–environment interaction, but also by parental effects through epigenetic mechanisms. This hypothesis is particularly fascinating in the case of non-communicable diseases, such as obesity and diabetes, whose pathogenesis is significantly contributed to by gene–environment interactions and, therefore, by lifestyle choices.

        Comas-Armangue G, Makharadze L, Gomez-Velazquez M, Teperino R. The Legacy of Parental Obesity: Mechanisms of Non-Genetic Transmission and Reversibility. Biomedicines. 2022 Oct 1;10(10):2461. doi: 10.3390/biomedicines10102461.

        TL;DR: none of the data is conclusive but it does make for fun wishcasting


  8. Rep. Sheila Jackson Lee is a direct and mortal enemy of the 1st Amendment, the American thesis of freedom and self-reliance, the Constitution, the Bill of Rights, Americans and America.

    Rep. Sheila Jackson Lee is a traitor committing treason “…in adhering to their Enemies, giving them Aid and Comfort…” through her actions to subvert and diminish the Constitution which, in turn, bolsters and supports inimical global dictatorships.

    Rep. Sheila Jackson Lee must be impeached and convicted.

  9. Sheila Jackson Lee…Black Supremacist.

    The backbone of why there is black supremacy

    There is an amazing quote from a former (black) race debater Christin Kane, who inspired me to write this story. I agree with her words because to me, they are the backbone of the reason why there is black supremacy.

    She said:

    “People of color tend to have an internalized marriage to inferiority and oppression — asking for permission to show up, be seen and be heard. This is taught through demonstration — handed down by generations.

    The difference is — white people tend not to ask for permission and seem to have more of an internalized concept of confidence and authority that they belong here, again passed through generation and demonstration.

    This is something people of color don’t want to hear because if someone is telling you that YOU have the power over yourself — you instantly reject that idea and have already defeated yourself because you’ve been conditioned through demonstrations (parents and adults) to believe otherwise.”

  10. Hate to be on a downer, but I believe we have already turned the corner into what will increasingly become a very tribal society. We can thank the likes of Sharpton, the Obamas, the entirely liberal Black Caucus of Congress, and many, many more. Guilty whites play a massive role as does the MSM (just watch MSNBC for 5 minutes). How to put the genie back in the bottle? Faith, family values, and an appreciation of what we have would be a good start. Politicians need to stop pandering to everyone who feels like they are a victim of this or that or whatever.

  11. British Home Secretary Jacqui Smith banned author and radio personality Michael Savage from entry in May 2009 for statements deemed a threat to public security, the particular statements have yet to be made public. Subsequently Theresa May followed Smith into Home, continuing the ban throughout her Prime Ministry. This gives us somewhat of a timeline when Britain started its regression backwards towards 1984.

    Taking liberty to quote a few lines for Orwell’s 1984 reinforces the general belief that progressives are dolts of the highest order: “…The Party claimed, of course, to have liberated the proles from bondage…”: “…But simultaneously, true to the principles of doublespeak, the Party taught that the proles were natural inferiors who must be kept in subjection, like animals, by the application of a few simple rules…”

    These quotes can be applied to the United States also over the last 20 years or so, though I think the spiral downward towards societal insanity had its beginning in the late 1960’s. The flower children have grown up into peace loving (yea right), narrow minded, over educated functional illiterates, confused about the tyranny their utopian quest could cause if instituted.

  12. As long as the people keep electing mental midgets like Lee, who have a chip on their shoulders it would take a trillion-dollar reparations package to remove (and then, only temporarily, until the next tranche comes due), we will have threats to our fundamental rights. This poor excuse for a leader has been in Congress for 28 years, but she still doesn’t understand the Constitution. She has money and power, so clearly she has benefited from this horribly racist and white supremacist society, but she has learned nothing about law, facts, truth, common human decency, or human rights. She’s a 2-bit race hustler and has done no good for society. This bill is clearly aimed at conservatives, because all th race-baiting hate speech by Democrats somehow seems to pass muster. So let’s be honest — this is a fight, not for values, but for power. When one side tries to manipulate the law to silence the other side, it’s war.

  13. Since when was intelligence a requirement for election? D.C. is a great example to demonstrate it is not. Put bright people in a committee and 99% of the time the collective intelligence will drop by a significant degree. Usually the chairman does the work. It’s called leadership.

  14. It seems that those of a certain political persuasion wish to conflate (and confuse) “white supremacy” with “white majority.” That is really what they want to destroy, -what this is all about, IMHO.

  15. A handmade tale of Mandela’s Xhosa hunting Zulu and native collateral damage through transnational intervention. One step forward, two steps backward.

    1. I know and have lots of dealings with Sheila Jackson-Lee and her staff and I can attest there is no one more racist. She is a disgusting person and in my opinion as racist as . She is the epitome of a racist, hates and abuses all other races and even blacks that she thinks are not socially her equal. Not only that, but she grossly abuses her position, government spending on herself and demands special treatment in every setting. A true prima donna. And yes, she does support reducing the white majority in this country any way possible. Her anti-white racism is designed to influence other minorities into thinking they must vote with blacks as an anti-white block. All to say she is an enemy of constitutional rights, demonstrates racist behavior that should disqualify her from office, lacks any sense of integrity and should be booted from office and prosecuted.

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