HATE IN AMERICA

HATE IN AMERICA

 There are over 1600 extremist groups, and over 917 hate groups, (reported by Southern Poverty Law Center), scattered throughout America, with the majority in Southern California. They all have beliefs in common, or practices that attack or malign a class of people. Their activities range from marches to rallies, and speeches to disseminating various publications. These groups include but are not limited to white supremacists, black separatists, Ku Klux Klan, neo- Nazi’s, neo-Confederates, Aryan Nation, and skinheads. (Listed in no particular order of prominence or importance).

 Why are they allowed to exist?

Why are they allowed to march or hold rallies?

Justice Louis Brandeis once postulated, the framers of the First Amendment to the Constitution, knew “that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones.” 

The framers knew that although words and images were powerful, especially those meant to hurt, to have a true democracy, everyone who resided here had the right to freely express themselves, without restraint, except for very few exceptions.

As kids we grew up with the rhyme, “sticks and stones may break our bones…but words could never hurt me.”

Without getting into all the arguments for or against the First Amendment, herein, the framers wished to establish a beacon to the entire world that in America, unlike England, and other nations at the time, freedom was essential to our very existence. No man (or group) could be silenced by government, directly or indirectly, for expressing their beliefs in the public square.

Law trumped tyranny. Freedom was protected by law.

John Adams, that virtuous brilliant revolutionary, when a young lawyer, defended British soldiers in the “Boston Massacre”, as he so believed they had a legal right to defend themselves from being attacked by a mob. He was asked to take their case on as Counsel. He risked his career, being hated by his fellow citizens, potentially jeopardizing his ability to earn a living, having friends, family, and associates scorn him for defending those who were enemies of America and all she stood for-freedom.

Freedom included the right to Counsel.

The British were hated. They were unwelcome occupiers. Citizens in the colonies were fed up with their presence. The seeds of revolution were already planted. Adams, was an ardent believer in freedom of the colonies from Britain’s tyranny. He also was a believer that all charged with criminal offences had a legal right to Counsel, no matter how serious or repugnant the charge.

He triumphed in Court. Adams, a true patriot, farmer, lawyer, first US Vice- President, second US President, political theorist, author, statesman, correspondent and founding father, was totally committed to the law. Those who were offended at first by his taking on the case, came to have respect for this brilliant orator and believer in justice for all.

Over forty years ago, approximately thirty members of the Nazi Party of America sought to march through the village of Skokie IL., in authentic Nazi uniforms reminiscent of those worn by Hitler’s Nazi Party, with swastika armbands, flags and Nazi party banners.

Skokie, in 1977 was a Chicago suburb, consisting of approximately 70,000 persons, over half of whom were Jewish. Many were survivors of the Holocaust, and many residents lost family members in the camps.

Upon learning of the planned march, they sought a court order enjoining the march on the grounds that it would “incite or promote hatred against persons of Jewish faith or ancestry,” that is was a “deliberate and willful attempt” to inflict severe emotional harm on the Jewish population in Skokie (and especially on the survivors of the Holocaust), and that it would incite an “uncontrollably” violent response and lead to serious “bloodshed.”

After all, the demons of the atrocities of the Nazis, and those allied with them still haunted those victims of the Final Solution.

The US Constitution, its purpose and meaning, had been vigorously debated since its inception.

Now, once again, the meaning of that holy document, would be examined and its very purpose argued.

 Just like Adams, The American Civil Liberties Union, despite severe criticism and withdrawal of support by many its strongest supporters, represented the First Amendment rights of the Nazi.

Yes the Nazis.

Why?

Freedom is not “free”-it comes with a huge price tag.

Adams knew it-and so did the ACLU. (By the way, for the record, this author has many disagreements with the ACLU, but in this case, totally agreed with their taking the case, even though unpopular.)

The Illinois Supreme Court, the United States Court of Appeals, and the United States Supreme Court all decided that Skokie could not keep (enjoin) the Nazis from marching.

There were three arguments, Plaintiffs made:

1.    The display of the image of the swastika promoted “hatred against persons of Jewish faith or ancestry” and that speech that promotes racial or religious hatred is unprotected by the First Amendment. The courts rightly rejected this argument, on the ground that that is not a reason for suppressing speech. It was argued that if the Nazis could be prohibited from marching in Skokie because the swastika incites religious hatred, then presumably Nazis couldn’t gather and march anywhere for the same reason. Logic would dictate that even documentaries, or movies could not show the image of the swastika. Carrying that finding to an extreme, if the swastika can be banned on this basis, then what other symbols or ideas can be suppressed for similar reasons? What about movies showing members of the Ku Klux Klan in their white sheets holding torches? News accounts showing riots where any “images” were present, Isis flags held during beheadings, Palestinians committing suicide bombings in Israel or showing Israelis Defense Forces, attacking rock throwing civilians? The public needs to see ignorance and evil to legally fight both, in its many forms.

2.   That the purpose of the march was to inflict emotional harm on the Jewish residents of Skokie and, especially, on the survivors. Without question, most residents would be deeply offended, and terrified to see Nazis marching through the streets of an American town, Skokie, as they had seen in Germany. But the argument was made, they might also be deeply offended, that any WW2 movie depicting the holocaust, like Schindler’s List was playing in Skokie, or in Chicago. African-Americans might be deeply offended, the movie Birth of a Nation was playing in a theatre. Based on the facts, it was held, it is doubtful that the actual intent of the Nazis was to inflict emotional harm on the residents of this village, as the facts were they initially, sought to march in a different community in Chicago, one with a minor Jewish population, however they were denied a permit. They then decided to march in Skokie in order to get publicity for their grievance. Their signs were “White Free Speech” and “Free Speech for the White Man.” The Court, agreed based on the facts of the case, that Making First Amendment rights turn on judgments about a speaker’s subjective intent is a dangerous (Subjective) business, because intent is very elusive and police, prosecutors and jurors are very prone to attribute evil intentions to those whose views they despise. That argument also was not successful.

3.   The third argument, was that if the Nazis were permitted to march there would be uncontrollable violence. It was argued is this a valid reason to suppress speech? Isn’t the obligation of the government, and its laws, to protect the speaker and to control and punish the lawbreakers, rather than to invite those who would silence the speech to use threats of violence to achieve their ends? If Skokie had won on this point, then southern communities who wanted to actually prosecute civil rights marchers in Selma, Montgomery and Birmingham could equally do so, on the plea that such demonstrations would trigger “uncontrollable violence.” The Civil Rights movement, and the Act itself, would never have become law.

 Skokie was a painful legal fight. Many citizens, of all religious beliefs were unhappy with the right to march, not just Jews. But it was not a victory for Nazis. It was was a great victory for the First Amendment in American history. It was a victory for the rule of law.

America is not a land of men-but of law.

That’s what distinguishes us from the rest of the world.

This case proved that the rule of law must and can prevail, at all costs.

Adams knew it.

American freedom of expression/speech remains an international symbol, a guiding light for democracy. The price paid, is at times, a great one. The result is often painful. The hate mongers get to hate. It is painful for all to witness. That’s the price we pay for one of our most cherished freedoms. Otherwise, any citizen, of this great country, can be imprisoned for speaking out against government policies. Nelson Mandela languished in a prison for many years for his “words” of opposition. Dictatorships around the globe today, still make it a crime to oppose their governments…..just look at Putin’s Russia.

Standing for liberty and freedom of speech is the only way to fight ignorance.

Hate takes many forms. This intense, passionate dislike for others is a fact of life. Hate is learned. Love is earned. Hate takes many forms and the majority of man’s recorded history is because of hate not love. Think about it. Man’s evil towards others dominates history.

Violence, aggressive behavior, acting out frustration, will always be with us. It is hardwired into our very brains. To correct it, is not to look the other way, or be intimidated by it.

The shield to hate is unquestionably love. Love requires patience. Let those who postulate hate, be allowed to speak openly provided they do so peacefully. The goodwill and common sense of loving people, will always overcome hate, by holding up to the light, its evil shrouded in darkness. If we force hate underground, and do not expose it for what it is, through logical debate and the goodness in the hearts of the majority of peace loving people, like cancer it will fester and grow.

Today America is at war-not only around the globe but with itself. Hate is abundant, and is in many forms. Respect for our families, elders, each other, institutions, governments and offices at all levels, politicians, and founding principles are under attack.

Recent events have shown how much hate there is in this country. Martin Luther King hated injustice. He risked life and limb, peacefully. He had a dream. His dream is still alive. For some, his dream is a nightmare. For many it remains hope that Americans will continue on the path of equality for all. Yes-for all. There is no place for hatred in this country or anywhere else on the planet. We all know that. Rev. King knew that as well and he paid the ultimate price for his beliefs.

How will America survive? I submit, that by allowing the minority who are ‘haters” to hate openly having faith that the majority will be able to utilize the immense power of freedom of expression to vanquish evil men and their venomous philosophies. History teaches us, that it may take time, but evil cannot withstand the onslaught of “good” expressed as love- naturally born in the hearts of all freedom loving men.

-Dr. H. C. Korman (A young lawyer once chastised by his own Jewish community, for acting as defense Counsel, to a group of men, who destroyed headstones in a Jewish cemetery, including one where his mother was buried. No other lawyer would take the case.)