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This page intentionally left blank CONTEMPORARY WORLD ISSUES Hate Crimes A REFERENCE HANDBOOK THIRD EDITION Donald Altschiller Copyright © 2015 by ABC-CLIO, LLC All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or other- wise, except for the inclusion of brief quotations in a review, with- out prior permission in writing from the publisher. Library of Congress Cataloging-in-Publication Data Altschiller, Donald. Hate crimes : a reference handbook / Donald Altschiller. — Third Edition. pages cm. — (Contemporary world issues) Includes bibliographical references and index. ISBN 978-1-61069-946-4 (alk. paper) — ISBN 978-1-61069-947-1 (ebk) 1. Hate crimes—United States. I. Title. HV6773.52.A47 2015 364.15—dc23 2015018857 ISBN: 978-1-61069-946-4 EISBN: 978-1-61069-947-1 19 18 17 16 15 1 2 3 4 5 This book is also available on the World Wide Web as an eBook. Visit www.abc-clio.com for details. ABC-CLIO An Imprint of ABC-CLIO, LLC ABC-CLIO, LLC 130 Cremona Drive, P.O. Box 1911 Santa Barbara, California 93116-1911 This book is printed on acid-free paper Manufactured in the United States of America Contents Preface, xv 1 Background and History, 3 Introduction, 3 History of Hate Crimes Legislation, 5 Civil Rights Act of 1968, 7 Interference with the Exercise of Religious Beliefs and Destruction of Religious Property, 8 Federal Explosives Statute, 8 Hate Crimes Statistics Act, 9 Hate Crimes Sentencing Enhancement Act, 12 Violence against Women Act of 1994 (VAWA), 12 Church Arson Prevention Act of 1996, 13 U.S. Armed Forces and Hate Crime Prevention, 15 Campus Hate Crimes Right to Know Act of 1997, 16 Local Law Enforcement Enhancement Act, 16 Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, 16 Emmett Till Unsolved Civil Rights Crime Act of 2007, 18 Executive Branch, 20 U.S. Supreme Court Decisions, 23 vii viii Contents Apprendi v. New Jersey, 23 Barclay v. Florida, 24 R.A.V. v. City of St. Paul, 25 Wisconsin v. Mitchell, 26 Hate Crimes Legislation at the State Level, 30 Conclusion, 32 References, 33 2 ProBlems, controversies, and solutions, 37 Criticism and Defense of Hate Crime Laws, 37 Methodology, 40 Hate Crime Hoaxes, 44 Bias Crimes and Violence before Hate Crime Laws, 44 Hate Crimes against Selected Groups: A Recent Overview, 45 African Americans, 46 Asian Americans, 51 Violence against Sikhs, 54 Americans with Disabilities, 58 Jewish Americans, 59 Lesbians, Gay Men, Bisexuals, and Transgendered People (LGBT), 65 Arab and Muslim Americans, 76 Native Americans, 84 Conclusion, 85 References, 89 Contents ix 3 PersPectives, 97 Punish Crime, Not Thought Crime: Jeff Jacoby, 98 References, 102 The Law vs. Violent Bigotry: The Case for Strong Hate Crime Laws in the United States: Michael Lieberman, 103 Punishing Bias-Motivated Violence: The Policy Frame for Hate-Crime Laws, 104 The Constitutional Frame for Hate-Crime Laws: First Amendment Protections, 106 Expanding Federal Hate-Crime Protection: The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (HCPA), 107 Contemporary Anti-Semitism in American Higher Education: Kenneth L. Marcus, 108 References, 111 Anti-Hispanic Immigrant Hate Crimes: Michele Stacey, Kristin Carbone-Lopez, and Richard Rosenfeld, 112 References, 115 Hate Crimes against Sikh Americans: Simran Jeet Singh, 117 Hate Crimes and the LGBT Community: Michael Bronski, 120 References, 125 Hate Crime Hoaxes on College and University Campuses: Ashley Thorne, 125 References, 130