Box Turtle Bulletin

A Hate Crime Allegation Too Far?

Anti-gay opponents often falsely claim that proposed federal legislation to extend hate crime protections to cover violent crimes based on sexual orientation would somehow infringe on their freedoms of speech and religion. Some have even re-dubbed the legislation “Thought Crimes.” Of course this is nonsense, as the First Amendment simply wouldn’t allow it.

But, they say, what about the case of a 16-year-old teen in Crystal Lake, Illinois who was arrested for passing out a flyer?:

A 16-year-old Crystal Lake girl facing a felony hate crime charge alleging she and a friend distributed anti-homosexual fliers at her high school must remain locked up until her case goes to trial, a McHenry County judge ruled Tuesday.

If this were all we knew, then this should be an open-and-shut case. There should be no hate crimes attached to distributing anti-gay fliers by themselves. This is simple freedom of speech. Obnoxious speech, perhaps, but free speech doesn’t mean anything unless obnoxious speech is free. The First Amendment should prevail.

And if this were all we knew about this case, then we might presume that what we’re seeing is an overzealous prosecutor and judge. While their actions might be unconstitutional, it wouldn’t be the first time overzealous prosecutors and judges overstepped their bounds. Recently we’ve learned of a number of innocent people convicted for rape, murder, robbery, etc. This is why we have appeals. Our system of justice is far from perfect simply because the people in it aren’t perfect.

But because a law is sometimes abused doesn’t mean the law shouldn’t exist in the first place. Nobody thinks we should repeal laws against rape, murder, robbery, etc. because prosecutors and/or judges overstep their bounds in those cases. Instead, we insist that these prosecutors be held accountable for their actions, either through the appeal process or through criminal or civil action against the prosecutors office.

So when anti-gay activists pounce on this case to justify their distortion of what hate crime legislation really means (as they will surely do), don’t let them get by with the argument that says that abuse of the law is a good reason for the abandonment of the law. It isn’t.

And if this were all we knew about this particular case, then I think I can join those who say that this is a clear miscarriage of justice in the making.

If this were all we knew. But of course, it’s not. There’s more:

Citing concerns over the girl’s home environment and her already lengthy juvenile record, Judge Michael Chmiel denied the girl’s request for home detention. Instead Chmiel ordered her held in the Kane County Juvenile Justice Center while the case is pending.

The girl’s record, Chmiel said, features 13 contacts with police, including an arrest for marijuana possession in August. McHenry County court records show that within the past year the girl also has been charged for driving without a license, consumption of alcohol by a minor, possession of tobacco by a minor, trespassing and three curfew violations.

Thirteen prior contacts with the police? That should raise some red flags. And what about the fliers?

Authorities say the fliers were directed specifically toward a male classmate — and neighbor of one of the girls — with whom they had been feuding.

This doesn’t look like the usual anti-gay fliers that teens are encouraged to hand out at school. Until we know more about what was in this flier — did it identify the classmate specifically? Did it include a threat? — it’s hard to conclude that this is a simple exercise in free speech.

This case may turn out to be an example of misapplying a state hate crime law. Or it may be a legitimate response to a serious threat. When danger signs have not been acted upon elsewhere, we’ve suffered tragic consequences at Columbine and Virginia Tech. With thirteen prior dealings with the police in this particular case, we’re clearly dealing with a deeply troubled teen.

Maybe we’re dealing with a constitutional question, or maybe we’re dealing with a teen who was caught before doing something far more serious. Right now, we don’t know. But I wonder how many anti-gay extremists will hitch their wagons to this horse anyway?