Parse the title as you will — analogous to ‘string cheese’ or ‘got milk?’
Our neighbors in the Great White North lately seem determined to beat us USniks at our own crazy game:
The Harper government is signaling its intention to use hate crime laws against Canadian advocacy groups that encourage boycotts of Israel.
Such a move could target a range of civil society organizations, from the United Church of Canada and the Canadian Quakers to campus protest groups and labour unions.
If they really mean it this would imply that advocating BDS constitutes ‘hate speech’.
Now there are two ways we could go with this. One would be to comment on the absurdity of considering BDS advocacy as ‘hate speech’, a preposterous notion on its face, even if you think that the notion of ‘hate speech’ is a useful construct.
But the other, more sweeping and naturally therefore more appealing to me, is to suggest that this ‘abuse’ of hate-speech legislation was certain to happen, as certain as God made little green apples, and for this reason among others, the idea of outlawing hate speech — indeed, the concept of hate crimes in general — is a disastrously bad one.
Going further still, there is, of course, an even more principled basis for resisting the notion of hate crimes: namely, that they are essentially thought crimes. If you beat somebody up because he’s gay, this is worse than beating him up because he’s a Red Sox fan. Why? Nobody deserves to get beaten up because of his tastes. Even Red Sox fans.
The underlying intent, I suppose, is to discourage people from beating up gay guys, which is certainly a desirable outcome. But assault and battery is already a crime, and has been for a long time. To the extent that law can assist in protecting gay guys from beatings, the law is already there, and it has the additional effect, also desirable, of protecting everybody else from beatings too — again, to the extent that a law can. (Enforcement and prosecution are another matter, of course, since they occur or don’t at the whim of the cops and the DA. But that remains the case with or without specific legislation about hate crimes.)
The larger purpose, perhaps, is to persuade haters to hate a little less. Also a desirable outcome. But might one suggest that creating new categories of crime, hinging on subjective feelings and attitudes, is an ill-advised way to go about that admirable project?
I am afraid we are dealing here with a déformation professionnelle of liberalism: namely that the proper response to any problem is to outlaw something not previously outlawed, and dial up the penalties for it. So the only way a liberal has to signal his solidarity with gay guys is to offer them an expansion of the criminal code, and a shiny new pair of pincers in the prosecutor’s arbitrary toolkit.
This reflects, at the very least, an impoverished repertoire of self-expression. It’s like being the driver of a car: all you can do to make your feelings known is to honk the horn.