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ADF: New ‘hate crimes’ law drives another nail into First Amendment’s coffin

President Obama expected to sign bill into law Wednesday
Wednesday, October 28, 2009

WASHINGTON — The new “hate crimes” bill expected to be signed into law by President Obama Wednesday is another nail in the coffin for the First Amendment, according to attorneys with the Alliance Defense Fund.

“All violent crimes are hate crimes, and all crime victims deserve equal justice,” said ADF Senior Legal Counsel Erik Stanley. “This law is a grave threat to the First Amendment because it provides special penalties based on what people think, feel, or believe. ADF will be on the front line to defend those whose free speech or free exercise of religion rights are violated by this unconstitutional law and to ultimately overturn this attack on freedom.”

Stanley, who heads the ADF Pulpit Initiative, an effort to defend the First Amendment rights of pastors from the pulpit, explained that virtually everywhere “hate crimes” laws have passed, prosecutions for speech have followed.

“ADF has clearly seen the evidence of where ‘hate crimes’ legislation leads when it has been tried around the world: It paves the way for the criminalization of speech that is not deemed ‘politically correct,’” Stanley explained.  “‘Hate crimes’ laws fly in the face of the underlying purpose of the First Amendment, which was designed specifically to protect unpopular speech.”

ADF warned about the dangers of the bill in May when the Senate was considering the House’s version of the bill, H.R. 1913. The Senate packaged it inside of a defense spending bill in an apparent attempt to ensure passage of the “hate crimes” measure. ADF submitted legal analysis to the House Judiciary Committee in April that advised of the “hate crimes” bill’s dubious constitutionality.

“These types of crimes are already punishable under existing federal, state, and local laws. Violent crimes should be punished regardless of the characteristics of the victim,” said Stanley. “Bills of this sort are designed to forward a political agenda and silence critics, not combat actual crime. The bottom line is that we do not need a law that creates second-class victims in America and that gives the government the opportunity to ignore the First Amendment.”

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
 
www.adfmedia.org

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ADF letter to U.S. House Judiciary Committee on 2009 Hate Crimes Bill

ABOUT Erik Stanley

Erik W. Stanley serves as senior legal counsel with the Alliance Defense Fund at its Kansas City Regional Service Center in Kansas, where he heads the ADF Pulpit Initiative to empower pastors across the nation to speak freely from their pulpits on all matters of life, including how Scripture and church teaching have application to candidates and elections.  He has focused his practice on appellate law, free speech, traditional family values, pro-life, and religious liberty constitutional law.  Stanley has filed, briefed, and argued numerous trial and appellate cases on constitutional issues throughout the United States.  Stanley graduated from Temple University School of Law in the top five percent of his class and is a member of the Florida and the District of Columbia bars, as well as the U.S. Supreme Court and numerous federal district and appellate courts.

 

Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

ADF legal memo on 2007 version of Hate Crimes Bill