The examples and perspective in this article may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (September 2010)

In crime and law, hate crimes (also known as bias-motivated crimes) occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, sex, or gender identity.^[1]

A hate crime is a category used to described bias-motivated violence: "assault, injury, and murder on the basis of certain personal characteristics: different appearance, different color, different nationality, different language, different religion."^[2]

"Hate crime" generally refers to criminal acts that are seen to have been motivated by bias against one or more of the types above, or of their derivatives. Incidents may involve physical assault, damage to property, bullying, harassment, verbal abuse or insults, or offensive graffiti or letters (hate mail).^[3]

A hate crime law is a law intended to prevent bias-motivated violence. Hate crime laws are distinct from laws against hate speech in that hate crime laws enhance the penalties associated with conduct that is already criminal under other laws, while hate speech laws criminalize speech.

History[link]

Nazi pogroms started out as locally-sanctioned anti-Jewish activity in the early years of Nazi occupations and eventually reaching its apex in the Final Solution for the Jews.

More recently, ethnic conflicts in Bosnia and Herzegovina and genocide in Rwanda have been described as mass-based hate crimes, but the term "hate crime" did not really begin to be used until after World War II and the end of most major government-sanctioned racial cleansing projects that had been linked with official fascism. The term "hate crime" is now used more often than in the past mainly because the groups that used to have official endorsement under with intergovernmental and/or armed forces involvement.

Concern about hate crimes has become increasingly prominent among policymakers in many nations and at all levels of government in recent years. There have been many examples throughout modern-day Europe by groups who harass and threaten many different racial groups.^{[citation needed]} In the United States, racial and religious biases have inspired most hate crimes.

Postcard of the Duluth lynchings of black men on June 15, 1920

Hate crimes have a history longer than the US itself. The verb lynching is derived from Charles Lynch, an 18th-century Virginia planter known for leading vigilante actions against Tories including tarring and feathering and hanging. Lynching now thus means execution outside of "ordinary justice" and is associated with weak or nonexistent police authority, like in the Old West, and racism.^[2]

As Europeans began to colonize the New World in the 16th and 17th centuries, Native Americans increasingly became the targets of bias-motivated intimidation and violence. During the past two centuries, some of the more typical examples of hate crimes in the U.S. include lynchings of African Americans, cross burnings to drive black families from predominantly white neighborhoods, assaults on white people traveling in predominantly black neighborhoods, assaults on lesbian, gay, bisexual and transgender people, the painting of swastikas on Jewish synagogues and xenophobic responses to a variety of minority ethnic groups.^[4]

Examples like the murder of Channon Christian and Christopher Newsom and the Wichita Massacre tend not to be classified as "hate crimes" by U.S. investigative officials, but they have meanwhile been described as "hate crimes against whites by blacks" by Conservative commentators such as David Horowitz (a conservative author and academic) and Michelle Malkin (a commentator for the Fox News channel and a prolific conservative author). The district attorneys in both these cases have specifically stated that while these incidents were indeed horrible, and had tremendous impacts on the communities affected by them, neither displayed evidence of being black-on-white racism, either upon initial or more in-depth review.

Hate crime victims[link]

Anti-Semitic graffiti in Kiev.

In the United States, racist anti-black bias is the most frequently reported hate crime motivation. Of the 8,208 hate crimes reported to the FBI in 2010, 48.2% were race related - with 70.0% of those having an anti-black bias.^[5] Other frequently reported bias motivations were anti-white, anti-Jewish, anti-Islamic, anti-Hispanic, and against a person's sexual orientation.^[5]

Hate crimes due to hatred of a sexual orientation can and have resulted in murder, as in the case of Sean W. Kennedy and Matthew Shepard. Kennedy was mentioned by Senator Gordon Smith in a speech on the floor of the US Senate advocating for hate crimes legislation. The Matthew Shepard and James E. Byrd Jr. Hate crime Prevention Act was signed into law on October 28, 2009 by President Obama. It included sexual orientation, gender identity and expression, the disabled and military personnel and their family members. This is the first all-inclusive bill ever passed in the United States, taking 45 years to complete.

Psychological effects[link]

From a psychological standpoint, hate crimes may have extreme consequences, if the victim even survives. A manual issued by the Attorney-General of the Province of Ontario in Canada lists the following consequences:^[6]

• effects on people – psychological and affective disturbances; repercussion on the victim's identity and self-esteem; both reinforced by the degree of violence of a hate crime, usually stronger than that of a common one.

• effect on the targeted group – generalized terror in the group to which the victim belongs, inspiring feelings of vulnerability over the other members, who could be the next victims.

• effect on other vulnerable groups – ominous effects over minority groups or over groups that identify themselves with the targeted one, especially when the referred hate is based on an ideology or doctrine that preaches simultaneously against several groups.

Hate crime laws[link]

Hate crime laws generally fall into one of several categories:

1. laws defining specific bias-motivated acts as distinct crimes;
2. criminal penalty-enhancement laws;
3. laws creating a distinct civil cause of action for hate crimes; and
4. laws requiring administrative agencies to collect hate crime statistics.^[7] Sometimes (as in Bosnia and Herzegovina), the laws focus on war crimes, genocide, and crimes against humanity with the prohibition against discriminatory action limited to public officials.

Eurasia[link]

European Union[link]

Since 2002, with an amendment to the Convention on Cybercrime, the European Union mandates individual states to punish as a crime hate speech done through the internet.^[8]

Andorra[link]

Discriminatory acts constituting harassment or infringement of a person's dignity on the basis of origin, citizenship, race, religion, or sex (Penal Code Article 313). Courts have cited bias-based motivation in delivering sentences, but there is no explicit penalty enhancement provision in the Criminal Code. The government does not track hate crime statistics, although they are relatively rare.^[7]

Armenia[link]

Armenia has a penalty-enhancement statute for crimes with ethnic, racial, or religious motives (Criminal Code Article 63).^[7]

Austria[link]

Austria has a penalty-enhancement statute for crimes with racist or xenophobic motivation (Penal Code section 33(5)).^[7]

Azerbaijan[link]

Azerbaijan has a penalty-enhancement statute for crimes motivated by racial, national, or religious hatred (Criminal Code Article 61). Murder and infliction of serious bodily injury motivated by racial, religious, national, or ethnic intolerance are distinct crimes (Article 111).^[7]

Belarus[link]

Belarus has a penalty-enhancement statute for crimes motivated by racial, national, and religious hatred and discord.^[7][9]

Belgium[link]

Belgium's Act of 25 February 2003 (“"aimed at combating discrimination and modifying the Act of 15 February 1993 which establishes the Centre for Equal Opportunities and the Fight against Racism"”) establishes a penalty-enhancement for crimes involving discrimination on the basis of sex, supposed race, color, descent, national or ethnic origin, sexual orientation, civil status, birth, fortune, age, religious or philosophical beliefs, current or future state of health and handicap or physical features. The Act also "provides for a civil remedy to address discrimination."^[7] The Act, along with the Act of 20 January 2003 ("on strengthening legislation against racism"), requires the Centre to collect and publish statistical data on racism and discriminatory crimes.^[7]

Bosnia and Herzegovina[link]

The Criminal Code of Bosnia and Herzegovina (enacted 2003) "contains provisions prohibiting discrimination by public officials on grounds, inter alia, of race, skin colour, national or ethnic background, religion and language and prohibiting the restriction by public officials of the language rights of the citizens in their relations with the authorities (Article 145/1 and 145/2).”"^[10]

Bulgaria[link]

Bulgarian criminal law prohibits certain crimes motivated by racism and xenophobia, but a 1999 report by the European Commission against Racism and Intolerance found that it does not appear that those provisions "have ever resulted in convictions before the courts in Bulgaria."^[11]

Croatia[link]

Croatian Penal code explicitly defines hate crime in article 89 as "any crime committed out of hatred for someones race, skin color, sex, sexual orientation, language, religion, political or other belief, national or social background, asset, birth, education, social condition, age, health condition or other attribute".^[12] On 1 January 2013 new Penal code will be introduced with the recognition of a hate crime based on a "race, skin color, religion, national or ethnic background, sexual orientation or gender identity".^[13]

Czech Republic[link]

"The Czech Criminal Code defines racist motivation as a specific aggravating circumstance that judges are required to take into account in sentencing, as well as defining specific racist acts as crimes. Section 196 punishes “'violence against a group of inhabitants and against individuals on the basis of race, nationality, political conviction or religion.”'"^[7]

Denmark[link]

Although Danish law does not include explicit hate crime provisions, "section 80(1) of the Criminal Code instructs courts to take into account the gravity of the offence and the offender's motive when meting out penalty, and therefore to attach importance to the racist motive of crimes in determining sentence."^[14] In recent years judges have used this provision to increase sentences on the basis of racist motives.^[7][15]

Since 1992, the Danish Civil Security Service (PET) has released statistics on crimes with apparent racist motivation.^[7]

Finland[link]

Finnish Criminal Code 515/2003 (enacted January 31, 2003) makes "committing a crime against a person, because of his national, racial, ethnical or equivalent group" an aggravating circumstance in sentencing.^[7][16] In addition, ethnic agitation (Finnish: kiihotus kansanryhmää vastaan) is criminalized and carries a fine or a prison sentence of not more than two years. The prosecution need not prove that an actual danger to an ethnic group is caused but only that malicious message is conveyed. A more aggravated hate crime, warmongering (Finnish: sotaan yllyttäminen), carries a prison sentence of one to ten years. However, in case of warmongering, the prosecution must prove an overt act that evidently increases the risk that Finland is involved in a war or becomes a target for a military operation. The act in question may consist of

1. illegal violence directed against foreign country or her citizens,
2. systematic dissemination of false information on Finnish foreign policy or defence
3. public influence on the public opinion towards a pro-war viewpoint or
4. public suggestion that a foreign country or Finland should engage in an aggressive act.^[17]

France[link]

In 2003, France enacted penalty-enhancement hate crime laws for crimes motivated by bias against the victim's actual or perceived ethnicity, nation, race, religion, or sexual orientation. The penalties for murder were raised from 30 years (for non-hate crimes) to life imprisonment (for hate crimes), and the penalties for violent attacks leading to permanent disability were raised from 10 years (for non-hate crimes) to 15 years (for hate crimes).^[7][18]

Georgia[link]

"There is no general provision in Georgian law for racist motivation to be considered an aggravating circumstance in prosecutions of ordinary offenses. Certain crimes involving racist motivation are, however, defined as specific offenses in the Georgian Criminal Code of 1999, including murder motivated by racial, religious, national or ethnic intolerance (article 109); infliction of serious injuries motivated by racial, religious, national or ethnic intolerance (article 117); and torture motivated by racial, religious, national or ethnic intolerance (article 126). ECRI reported no knowledge of cases in which this law has been enforced. There is no systematic monitoring or data collection on discrimination in Georgia."^[7]

Germany[link]

The German Criminal Code does not have hate crime legislation, but instead criminalizes hate speech under a number of different laws, including Volksverhetzung. In the German legal framework motivation is not taken into account while identifying the element of the offence. However, within the sentencing procedure the judge can define certain principles for determining punishment. In section 46 of the German Criminal Code it is stated that "the motives and aims of the perpetrator; the state of mind reflected in the act and the wilfulness involved in its commission."^[19] can be taken into consideration when determining the punishment; under this statute, hate and bias have been taken into consideration in sentencing in past cases.^[20]

Hate crimes are not specifically tracked by German police, but have been studied separately: a recently published EU "Report on Racism" finds that racially motivated attacks are frequent in Germany, identifying 18142 incidences for 2006, of which 17597 were motivated by right wing ideologies, both about a 14% year-by-year increase.^[21] Relative to the size of the population, this represents an eightfold higher rate of hate crimes than reported in the US during the same period.^[22] Awareness of hate crimes and right-wing extremism in Germany remains low.^[23]

Greece[link]

Article Law 927/1979 "Section 1,1 penalises incitement to discrimination, hatred or violence towards individuals or groups because of their racial, national or religious origin, through public written or oral expressions; Section 1,2 prohibits the establishment of, and membership in, organisations which organise propaganda and activities aimed at racial discrimination; Section 2 punishes public expression of offensive ideas; Section 3 penalises the act of refusing, in the exercise of one’s occupation, to sell a commodity or to supply a service on racial grounds."^[24] Public prosecutors may press charges even if the victim does not file a complaint. However, as of 2003, no convictions had been attained under the law.^[25]

Hungary[link]

Violent action, cruelty, and coercion by threat made on the basis of the victim's actual or perceived national, ethnic, religious status or membership in a particular social group are punishable under article 174/B of the Hungarian Criminal Code.^[7]

Iceland[link]

Section 233a of the Icelandic Penal Code states "Anyone who in a ridiculing, slanderous, insulting, threatening or any other manner publicly abuses a person or a group of people on the basis of their nationality, skin colour, race, religion or sexual orientation, shall be fined or jailed for up to two years."^[26]

Iran[link]

The Iranian constitution, article 14 states: "In accordance with the sacred verse 'God does not forbid you to deal kindly and justly with those who have not fought against you because of your religion and who have not expelled you from your homes' [60:8], the government of the Islamic Republic of Iran and all Muslims are duty-bound to treat non-Muslims in conformity with ethical norms and the principles of Islamic justice and equity, and to respect their human rights. This principle applies to all who refrain from engaging in conspiracy or activity against Islam and the Islamic Republic of Iran."^[27]

Ireland[link]

"The Prohibition of Incitement to Hatred Act 1989" makes it an offense to incite hatred against any group of persons on account of their race, color, nationality, religion, sexual orientation, ethnic or national origins, or membership of the Traveller community, an indigenous minority group."^[7]

Ireland does not systematically collect hate crime data.^[7]

Italy[link]

Italian criminal law, at Section 3 of Law No. 205/1993, the so-called Legge Mancino (Mancino law), contains a penalty-enhancement provision for all crimes motived by racial, ethnic, national, or religious bias.^[7]

Kazakhstan[link]

In Kazakhstan, there are constitutional provisions prohibiting propaganda promoting racial or ethnic superiority.^[7]

Kyrgyzstan[link]

In Kyrgyzstan, "the Constitution of the State party prohibits any kind of discrimination on grounds of origin, sex, race, nationality, language, faith, political or religious convictions or any other personal or social trait or circumstance, and that the prohibition against racial discrimination is also included in other legislation, such as the Civil, Penal and Labour Codes."^[28]

Article 299 of the Criminal Code defines incitement to national, racist, or religious hatred as a specific offense. This article has been used in political trials of suspected members of the banned organization Hizb-ut-Tahrir.^[7][29]

Spain[link]

Article 22(4) of the Spanish Penal Code includes a penalty-enhancement provision for crimes motivated by bias against the victim's ideology, beliefs, religion, ethnicity, race, nationality, gender, sexual orientation, illness, or disability.^[7]

Sweden[link]

Article 29 of the Swedish Penal Code includes a penalty-enhancement provision for crimes motivated by bias against the victim's race, color, nationality, ethnicity, sexual orientation, religion, or "other similar circumstance" of the victim.^[30][7]

United Kingdom[link]

For England, Wales, and Scotland, the Crime and Disorder Act 1998 makes hateful behaviour towards a victim based on the victim’s membership (or presumed membership) in a racial group or a religious group an aggravation in sentencing for specified crimes.^[31] For Northern Ireland, Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)) serves the same purpose.^[32] A “racial group” is a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins. A “religious group” is a group of persons defined by reference to religious belief or lack of religious belief. The specified crimes are assault, criminal damage, offences under the Public Order Act 1986, and offences under the Protection from Harassment Act 1997.

The Criminal Justice Act 2003 requires a court to consider whether a crime which is not specified by the Crime and Disorder Act 1998 is racially or religiously aggravated. The Act requires a court also to consider whether the following circumstances were pertinent to the crime:

(a) that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—

(i) the sexual orientation (or presumed sexual orientation) of the victim, or

(ii) a disability (or presumed disability) of the victim, or

(b) that the offence is motivated (wholly or partly)—

(i) by hostility towards persons who are of a particular sexual orientation, or

(ii) by hostility towards persons who have a disability or a particular disability.^[33][34]

Scotland[link]

In Scottish Common law^{[citation needed]} the courts can take any aggravating factor into account when sentencing someone found guilty of an offence. There is specific legislation dealing with the offences of incitement of racial hatred, racially-aggravated harassment and offences aggravated by religious prejudice. A Scottish Executive working group examined the issue of hate crime and ways of combating crime motivated by social prejudice, reporting in 2004.^[35] Its main recommendations were not implemented, but in their manifestos for the Scottish Parliament election, 2007 several political parties included commitments to legislate in this area, including the Scottish National Party who now form the Scottish Government. The Offences (Aggravation by Prejudice) (Scotland) Bill was introduced on 19 May 2008 by Patrick Harvie MSP,^[36] having been prepared with support from the Scottish Government, and was passed unanimously by the parliament on 3 June 2009.^[37]

Eurasian countries with no hate crime laws[link]

Albania, Cyprus, Estonia, San Marino, Slovenia and Turkey have no hate crime laws.^[7]

North America[link]

Canada[link]

“In Canada the legal definition of hate crime can be found in sections 318 and 319 of the Criminal Code”. ^[38]

In 1996 the federal government amended a section of the Criminal Code that pertains to sentencing. Specifically, section 718.2. The section states (with regard to the hate crime):

A court that imposes a sentence shall also take into consideration the following principles:

(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,

(i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor, . . . shall be deemed to be aggravating circumstances.'' ^[38]

A vast majority (84 per cent) of Hate crime perpetrators were “male, with an average age of just under 30. Less than 10 of those accused had criminal records, and less than 5 per cent had previous hate crime involvement (ibid O’Grady 2010 page 163.).” ^[39] “Only 4 percent of hate crimes were linked to an organized or extremist group (Silver et al., 2004).” ^[40]

As of 2004, Jewish people were the largest ethnic group targeted by hate crimes, followed by blacks, Muslims, South Asians, and gays and lesbians (Silver et al., 2004).^[40]

Historically, hate crime has been around for a long time, yet it was most noticed when the lynching of African Americans by white racists took place, an example of what today we call hate crime. Hate related violence also has a historical root in Canada. In the 1920s and 1930s, anti-Semitism was a major deal in Canada, due to the rise of the Nazi government in Germany. For example, on August 16, 1933 there was a baseball game in Toronto and one team was made up of mostly Jewish players. At the end of the game, a group of Nazi sympathizers unfolded a Swastika flag and shouted ‘Heil Hitler’. That event erupted into a brawl that had Jews and Italians against Anglo Canadians and the brawl went on for hours.^[38]

The first time someone was charged with hate crime over the internet occurred on 27 March 1996. “A Winnipeg teenager was arrested by the police for sending an email to a local political activist that contained the message ‘Death to homosexuals’ it’s prescribed in the Bible! Better watch out next Gay Pride Week.’ (Nairne, 1996).” Pg.162^[40]

Robert suggests that “Canada lags behind other nations in collecting comprehensive statistics on hate crime.” ^{[41][context?]}

United States[link]

Hate crime laws have a long history in the United States. The first hate crime laws were passed after the American Civil War, beginning with the Civil Rights Act of 1871, to combat the growing number of racially motivated crimes being committed by the Reconstruction era Ku Klux Klan. The modern era of hate-crime legislation was begun in 1968 with the passage of federal statute, 18 U.S. 245, part of the Civil Rights Act which made it illegal to "by force or by threat of force, injure, intimidate, or interfere with anyone who is engaged in six specified protected activities, by reason of their race, color, religion, or national origin." However, "The prosecution of such crimes must be certified by the U.S. attorney general.".^[42]

The first state hate-crime statute, California's Section 190.2, was passed in 1978 and provided for penalty enhancement in cases where murder was motivated by prejudice against four "protected status" categories: race, religion, color, and national origin. Washington included ancestry in a statute passed in 1981. Alaska included creed and sex in 1982 and later disability, sexual orientation, and ethnicity. In the 1990s some state laws began to include age, marital status, membership in the armed forces, and membership in civil rights organizations.^[43]

Criminal acts which could be considered hate crimes in various states included aggravated assault, assault and battery, vandalism, rape, threats and intimidation, arson, trespassing, stalking, and various "lesser" acts until in 1987 California state legislation included all crimes as possible hate crimes.^[44]

Defined in the 1999 National Crime Victim Survey, "A hate crime is a criminal offense. In the United States, federal prosecution is possible for hate crimes committed on the basis of a person's race, religion, or nation origin when engaging in a federally protected activity." In 2009, the Matthew Shepard Act added actual or perceived gender, gender identity, sexual orientation, and disability to the federal definition, and dropped the prerequisite that the victim be engaging in a federally-protected activity.

Forty-five states and the District of Columbia have statutes criminalizing various types of hate crimes. Thirty-one states and the District of Columbia have statutes creating a civil cause of action in addition to the criminal penalty for similar acts. Twenty-seven states and the District of Columbia have statutes requiring the state to collect hate crime statistics.^[45]

According to the FBI Hate Crime Statistics report for 2006, hate crimes increased nearly 8% nationwide, with a total of 7,722 incidents and 9,080 offenses reported by participating law enforcement agencies. Of the 5,449 crimes against persons, 46% were classified as intimidation and 31.9% as simple assaults. 81% of the 3,593 crimes against property were acts of vandalism or destruction.^[46]

However, according to the FBI Hate Crime Statistics for 2007, the number of hate crimes decreased to 7,624 incidents reported by participating law enforcement agencies.^[47] These incidents included 9 murders and 2 rapes(out of the almost 17,000 murders and 90,000 forcible rapes committed in the U.S. in 2007).^[48]

Attorney General Eric Holder said in June 2009 that recent killings show the need for a tougher U.S. hate crimes law to stop "violence masquerading as political activism".^[49]

South America[link]

Brazil[link]

In Brazil, hate crime laws focus on racism, racial injury, and other special bias-motivated crimes such as, for example, murder by death squads^[50] and genocide on the grounds of nationality, ethnicity, race or religion.^[51] Murder by death squads and genocide are legally classified as "hideous crimes" (crimes hediondos in Portuguese).^[52]

The crimes of racism and racial injury, although similar, are enforced slightly differently.^[53] Article 140, 3rd paragraph, of the Penal Code establishes a harsher penalty, from a minimum of 1 year to a maximum of 3 years, for injuries motivated by "elements referring to race, color, ethnicity, religion, origin, or the condition of being an aged or disabled person".^[54] On the other side, Law 7716/1989 covers "crimes resulting from discrimination or prejudice on the grounds of race, color, ethnicity, religion, or national origin".^[55]

In addition, the Brazilian Constitution defines as a "fundamental goal of the Republic" (Article 3rd, clause IV) "to promote the wealth of all, with no prejudice as to origin, race, sex, color, age, and any other forms of discrimination".^[56]

Chile[link]

The Chilean Congress began a discussion on a piece of anti-discrimination in 2005, which was eventually passed in November, 2011. This legislation included an article that spoke expressly against discrimination based on sexual orientation and gender identity. However, on January 4, 2012, the Constitutional Tribunal (composed of senators from Chile's Independent Democratic Union) repealed the 2nd Article of the legislation (which applied primarily to sexual diversity).^[57]

On April 5, 2012, Chile's Congress passed most of a anti-discrimination law that would make it a crime to discriminate on the basis of race, ethnicity, religion, sexual orientation, gender, appearance or handicap. ^[58]

Support and opposition to hate crime laws[link]

Support for hate crime laws[link]

Justifications for harsher punishments for hate crimes focus on the notion that hate crimes cause greater individual and societal harm. It is said that, when the core of a person’s identity is attacked, the degradation and dehumanization is especially severe, and additional emotional and physiological problems are likely to result. Society then, in turn, can suffer from the disempowerment of a group of people. Furthermore, it is asserted that the chances for retaliatory crimes are greater when a hate crime has been committed. The riots in Los Angeles, California that followed the beating of Rodney King, a Black motorist, by a group of White police officers are cited as support for this argument.^[4] The beating of white truck driver Reginald Denny by black rioters during the same riot is also an example that would support this argument.

In Wisconsin v. Mitchell the U.S. Supreme Court unanimously found that penalty-enhancement hate crime statutes do not conflict with free speech rights, because they do not punish an individual for exercising freedom of expression; rather, they allow courts to consider motive when sentencing a criminal for conduct which is not protected by the First Amendment.^[59]

Opposition to hate crime laws[link]

The U.S. Supreme Court unanimously found the St. Paul Bias-Motivated Crime Ordinance amounted to viewpoint-based discrimination is in conflict with rights of free speech, because it selectively criminalized bias-motivated speech or symbolic speech for disfavored topics while permitting such speech for other topics.^[60] Many critics further assert that it conflicts with an even more fundamental right: free thought. The claim is that hate-crime legislation effectively makes certain ideas or beliefs, including religious ones, illegal, in other words, thought crimes.^{[61][62][63][64][65][66][67]}

In their book Hate Crimes: Criminal Law and Identity Politics, James B. Jacobs and Kimberly Potter criticize hate crime legislation for exacerbating conflicts between groups. They assert that by defining crimes as being committed by one group against another, rather than as being committed by individuals against their society, the labeling of crimes as “hate crimes” causes groups to feel persecuted by one another, and that this impression of persecution can incite a backlash and thus lead to an actual increase in crime.^[68] Some have argued hate crime laws bring the law into disrepute and further divide society, as groups apply to have their critics silenced.^[69] Some have argued that if it is true that all violent crimes are the result of the perpetrator's contempt for the victim, then all crimes are hate crimes. Thus, if there is no alternate rationale for prosecuting some people more harshly for the same crime based on who the victim is, then different defendants are treated unequally under the law, which violates the United States Constitution.^[70]

See also[link]

• Disability hate crime
• Fighting Discrimination
• Hate speech
• LGBT rights by country or territory
• Terrorism
• Thoughtcrime
• Violent Radicalization and Homegrown Terrorism Prevention Act of 2007
• Hate groups

References[link]

This article uses bare URLs for citations. Please consider adding full citations so that the article remains verifiable. Several templates and the Reflinks tool are available to assist in formatting. (Reflinks documentation) (November 2011)

External links[link]

• hate-crime.org
• Hate crimes information, by Dr. Gregory Herek
• Hate Crime Survey, annual Human Rights First report on the prevalence of hate crimes in the Organization for Security and Co-operation in Europe region.
• Hate Crime Statistics, annual FBI/U.S. Department of Justice report on the prevalence of hate crimes in the United States. Required by the Hate Crime Statistics Act.
• A Policymaker's Guide to Hate Crimes, a publication by the National Criminal Justice Reference Service, part of the U.S. Department of Justice. Many parts of this article have been adapted from this document.
• Tolerance.org, a web project sponsored by the Southern Poverty Law Center
• Peabody, Michael "Thought & Crime," Liberty Magazine, March/April 2008, review of recently proposed hate crime legislation and criminal intent issues.
• [3], a video focusing on the hate crimes incited by KABC 790 AM shock jock Doug McIntyre against a Los Angeles charter school, Academia Semillas del Pueblo, in 2006.
• "Hate Crime." Oxford Bibliographies Online: Criminology.

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Bill Maher
Maher at a ceremony to receive a star on the Hollywood Walk of Fame in September 2010
Birth name	William Maher, Jr.
Born	(1956-01-20) January 20, 1956 (age 56) New York, New York, U.S.
Medium	Stand-up, television, film, books
Nationality	American
Years active	1979–present
Genres	Satire, Political satire, News satire, Observational comedy
Subject(s)	American politics, current events, American culture, pop culture, freedom of speech, environmentalism, religion, human sexuality, recreational drug use, libertarianism, American liberalism, American conservatism
Influences	Steve Allen, George Carlin, Johnny Carson, David Frost, Robert Klein, Don Rickles, Gore Vidal, Lenny Bruce
Notable works and roles	Elliot on Charlie Hoover Host of Politically Incorrect Host of Real Time with Bill Maher Religulous
Website	BillMaher.com

William "Bill" Maher, Jr. ( /ˈmɑːr/; born January 20, 1956) is an American stand-up comedian, television host, political commentator, author, and actor. Before his current role as the host of HBO's Real Time with Bill Maher, Maher hosted a similar late-night talk show called Politically Incorrect originally on Comedy Central and later on ABC.

Maher is known for his political satire and sociopolitical commentary, which targets a wide swath of topics including religion, politics, bureaucracies of many kinds, political correctness, the mass media, greed among people and persons in positions of high political and social power, and the lack of intellectual curiosity in the electorate.^[1] He supports the legalization of marijuana and same-sex marriage, and serves on the board of PETA.^[2] He is also a critic of religion and is an advisory board member of Project Reason, a foundation to promote scientific knowledge and secular values within society.^[3] In 2005, Maher ranked at number 38 on Comedy Central's 100 greatest stand-up comedians of all time.^[4] Bill Maher received a Hollywood Walk of Fame star on September 14, 2010.^[5]

Early life and education[link]

Maher was born in New York City, the son of Julie (née Berman), a nurse, and William Maher, Sr., a network news editor and radio announcer.^[6] He was raised in his Irish American father's Catholic religion, remaining unaware that his mother was Jewish until his early teenage years.^{[7][8][9][10]} Due to Maher's father's disagreement with the Catholic Church's position on birth control, he stopped taking Maher and his sister to Catholic church services when Maher was thirteen.^[11]

Maher was raised in River Vale, New Jersey, and graduated from Pascack Hills High School in Montvale in 1974. He received a B.A. in English and history from Cornell University in 1978.^[12]

Early career[link]

Maher began his career as a stand-up comedian and actor. He was host of the New York City comedy club Catch a Rising Star in 1979. Thanks to Steve Allen, he began appearing on Johnny Carson's and David Letterman's shows in 1982. He made limited television appearances including a recurring role in Sara (1985), appeared in Max Headroom (1987), two separate appearances on Murder, She Wrote (1989, 1990), a recurring role in Charlie Hoover (1991) and other productions. He has also appeared in several films, usually in a comic role. His feature film debut was in D.C. Cab (1983), and he also appeared in Ratboy (1986) Cannibal Women in the Avocado Jungle of Death (1988) and Pizza Man (1991), among others.

Television career[link]

[edit] Politically Incorrect with Bill Maher

Maher assumed the host role Politically Incorrect with Bill Maher, a late-night political talk show that ran on Comedy Central from 1993 to 1997 and on ABC from 1997 to 2002. The show regularly began with a topical monologue by Maher preceding the introduction of four guests, usually a diverse group of individuals from show business, popular culture, political pundits, political consultants, authors, and occasionally news figures. The group would discuss topical issues selected by Maher, who also participated in the discussions.^[13] Jerry Seinfeld, a regular guest on the show, stated that Politically Incorrect reminded him of talk shows from the 1950s and 60s "when guests interacted with each other as much as with the host."^[14]

Politically Incorrect won an array of awards, including an Emmy Award for Outstanding Technical Direction, two CableACE awards for Best Talk Show Series, and a Genesis Award for Best Television Talk Show. Maher earned numerous award nominations for his producing, writing and hosting of Politically Incorrect, including ten Emmy nominations, two TV Guide nominations, and two Writers Guild nominations. ABC decided against renewing Maher's contract for Politically Incorrect in 2002, after he made a controversial on-air remark shortly after the September 11 attacks.^[15] He agreed with his guest, conservative pundit Dinesh D'Souza, that the 9/11 terrorists did not act in a cowardly manner (in rebuttal to President Bush's statement calling 9/11 hijackers cowards). Maher said, "We have been the cowards. Lobbing cruise missiles from two thousand miles away. That's cowardly. Staying in the airplane when it hits the building. Say what you want about it. Not cowardly. You're right." Maher later clarified that his comment was not anti-military in any way whatsoever, referencing his well-documented longstanding support for the American military.^[16][17][18]

In the context of the attacks, some corporate advertisers found the comment too insensitive and controversial. Several companies, including FedEx and Sears Roebuck, pulled their advertisements from the show, costing the show more than it returned.

The show was cancelled on June 16, 2002, and the Sinclair Broadcast Group had dropped the show from its ABC-affiliated stations months prior. On June 22, 2002, just six days after the cancellation of Politically Incorrect, Maher received the Los Angeles Press Club president's award (for "championing free speech"). Maher was on the board of judges one year for the PEN/Newman's Own First Amendment Award.

Maher's remarks after 9/11 were not the first time he had sparked controversy on Politically Incorrect. In the same year, Maher was widely criticized for comparing dogs to retarded children. He apologized for his comments.^[19]

[edit] Real Time with Bill Maher

In 2003, Maher became the host, co-producer and co-writer of Real Time with Bill Maher, a weekly hour-long political comedy talk show on the cable television network HBO. During an interview, Maher told Terry Gross (on NPR's Fresh Air) that he much prefers having serious and well-informed guests on his program, as opposed to the random celebrities that fleshed out his roundtable discussions on Politically Incorrect.^[20]

As with his previous show, Politically Incorrect, Maher begins Real Time with a comic opening monologue based upon current events and other topical issues. He proceeds to a one-on-one interview with a guest, either in-studio or via satellite. Following the interview, Maher sits with three panelists, usually consisting of pundits, authors, activists and journalists, for a discussion of the week's events. In the segment "New Rules" at the end of each show, Maher delivers a humorous editorial on popular culture and American politics.

In late May 2005, Alabama Congressman Spencer Bachus sent a letter to Time Warner's board of directors requesting Real Time be cancelled after remarks Maher made after noting the military had missed its recruiting goals by 42 percent. Bachus said he felt the comments were demeaning to the military and treasonous. Maher stated his highest regard and support for the troops and asked why the congressman criticized him instead of doing something about the recruitment problem.^[21]

Real Time has earned widespread praise. It has been nominated for more than ten Primetime Emmy Awards and six Writer's Guild awards. In 2007, Maher and his co-producers were awarded the Television Producer of the Year Award in Variety Television by the Producers Guild of America.^[22] Maher holds the record for the most Emmy nominations without a win, having been nominated on 22 occasions and not winning once. Eleven of the nominations were for Politically Incorrect, while nine were for Real Time. The other two were nominations for two of his HBO comedy specials: Bill Maher: I'm Swiss and Bill Maher: The Decider.^[23]

HBO announced in July 2011 the show was renewed for a tenth season.^[24]

Christine O'Donnell[link]

On September 17, 2010, Maher aired a clip of Delaware Republican Senatorial candidate Christine O'Donnell from the October 29, 1999 episode of his old show Politically Incorrect on his current show Real Time with Bill Maher,^[25][26] where she discussed that she had "dabbled in witchcraft." This was one of the most notable of numerous controversial statements by O'Donnell that made her the most covered candidate in the 2010 mid-term election cycle.^[27][28]

Political commentator[link]

Maher is a frequent commentator on various cable news networks, namely CNN, MSNBC, and HLN. Maher has regularly appeared on CNN's The Situation Room with Wolf Blitzer^[29] and has also been a frequent guest on MSNBC's Hardball with Chris Matthews,^[30] The Rachel Maddow Show^[31] and Countdown with Keith Olbermann.^[32] Maher has also appeared as a guest on HLN's The Joy Behar Show.^[33]

Maher hosted the January 13, 2006 edition of Larry King Live, on which he was a frequent guest. Maher appeared as a special guest on the June 29, 2010 edition of the show, on which CNN anchor Larry King announced his retirement.^[34] Maher co-emceed the final show of Larry King Live on December 16, 2010 with Ryan Seacrest.^[35]

Since May 2005, he has been a contributing blogger at The Huffington Post.

Views and beliefs[link]

Politics[link]

Maher and Ingrid Newkirk, founder of PETA. Maher is on the board of directors of the animal rights group.

Maher eschews political labels, referring to himself as "practical".^[36] In the past, he has described himself as a libertarian and has also referred to himself "as a progressive, as a sane person".^[37][38]

Maher favors a partial privatization of Social Security, ending corporate welfare and federal funding of non-profits, and legalization of gambling, prostitution, and marijuana. Maher is a member of the advisory boards for both the NORML and Marijuana Policy Project, organizations which support regulated legalization of marijuana.^[39][40] He describes himself as an environmentalist, and he has spoken in favor of the Kyoto treaty on global warming on his show Real Time. He often criticizes industry figures involved in environmental pollution.^[41]

Maher is a board member of People for the Ethical Treatment of Animals.

Before the 2004 U.S. presidential election, Maher became candid in his stated opposition to the re-election of George W. Bush and in his support for John Kerry.^[42]

Known for protesting against the demonization of the word "liberal", during the campaign Maher criticized Kerry for being ashamed of the word. On his show, the comedian has noted the paradox of people claiming they distrusted "elite" politicians while at the same time wanting elite doctors to treat them and elite lawyers to represent them in court.^[43] Maher supports the death penalty. Since the 9/11 attacks, he has endorsed the use of racial profiling at airports.^[44]

He was originally against the Iraq War, and has summarized his opinion by saying that the United States and the world have had to pay too high a price for the war. He is skeptical of Iraq surviving without civil war.^[45]

In the 2008 U.S. presidential election, Maher announced his support for Barack Obama.^[46] Although Maher welcomed Obama's electoral victory, he has subjected him to criticism once in office for not acting boldly on health care reform and other progressive issues.^[47]

On February 23, 2012, after his 'Crazy Stupid Politics' special streamed on Yahoo! Screen, Maher announced that he was contributing $1 million to Priorities USA, the Obama SuperPAC.^[48][49]

Religion[link]

Maher is highly critical of religion, and views it as not worth the bother. He has referred to himself as an apatheist - a pragmatic atheist - on Scarborough Country on April 24, 2007, and again in July 2011.^[50][51] He has reiterated this stance in subsequent interviews, rejecting both the certitude of the existence, as well as the certitude of nonexistence of deities, concluding, "I'm saying that doubt is the only appropriate response for human beings."^[52] He is an advisory board member of author Sam Harris's Project Reason, a foundation that promotes scientific knowledge and secular values within society.

Maher and director Larry Charles teamed up to make the feature film Religulous (2008), described by trade publication Variety as a documentary "that spoofs religious extremism across the world." It was released on October 3, 2008.^[53][54]

While Maher is critical towards Christianity, he is an outspoken critic of religion as a whole, including Islam. On October 29, 2010, during a Real Time segment, Maher commented on a news story saying that the name Mohammed had become the most popular baby name in the United Kingdom. He asked, "Am I a racist to feel alarmed by that? Because I am. And it’s not because of the race, it’s because of the religion. I don’t have to apologize, do I, for not wanting the Western world to be taken over by Islam in 300 years? Sharia law is being institutionalized in England? Well, then I am right, I should be alarmed."^[55] He later defended his comments on CNN, saying, "And when I say Westerner, I mean someone who believes in the values that Western people believe in that a lot of the Muslim world does not. Like separation of church and state. Like equality of the sexes. Like respect for minorities, free elections, free speech, freedom to gather. These things are not just different from cultures that don’t have them. ... It’s better. ... I would like to keep those values here." ^[56]

Maher received the Richard Dawkins Award for 2009 from Atheist Alliance International "for his efforts to further the values science and reason in the world."^[57]

Maher was ranked first by MormonVoices, a group associated with Foundation for Apologetic Information & Research, on its Top Ten Anti-Mormon Statements of 2011 list for saying "By any standard, Mormonism is more ridiculous than any other religion".^[58]

Health care[link]

Maher has stated that the AMA is a powerful lobbying group and one of the primary reasons why the United States had failed to enact health care reform.^{[59][dead link][60]}

On August 24, 2009, Maher was a guest on The Tonight Show with Conan O'Brien. On the topic of getting health care reform legislation passed, Maher stated that Obama should forget about trying to get 60 votes for it, "he only needs 51." "Forget getting the sixty votes or sixty percent — sixty percent of people don't believe in evolution in this country — he just needs to drag them to it, like I said, they're stupid; get health care done, with or without them."^[61]

Maher has expressed the view that most illness is generally the result of poor diet and lack of exercise, and that medicine is often not the best way of addressing illness. In an episode of his show about the 2008 presidential candidates' health plans, Maher stated that poor nutrition is a primary cause of illness, and that "the answer isn't another pill."^[62] He also has said:" If you believe you need to take all the pills the pharmaceutical industry says you do, then you're already on drugs!"^[63]

He has expressed his distaste for the pharmaceutical and health care industries in general, on the grounds that they make their money out of curing people who are made sick by consuming unhealthy food that corporations urge upon the public. He maintains that mass consumption of high-fructose corn syrup is a contributor to the rise in frequency of obesity in the United States.^[64]

In a discussion with Michael Moore about the film Sicko, Maher said, "The human body is pretty amazing; it doesn't get sick, usually, for no reason. I mean, there's some genetic stuff that can get to you, but, basically, people are sick in this country because they're poisoned. The environment is a poisoning factor, but also, we gotta say, they poison themselves. They eat shit. People eat shit, and that's, to my way of thinking, about 90 percent of why people are sick, is because they eat shit. Would you agree?"^[65]

On October 9, 2009, on his HBO show, Maher debated the effectiveness of flu vaccinations with Bill Frist and stated, "Why would you let them be the ones to stick a disease into your arm? I would never get a swine flu vaccine or any vaccine. I don’t trust the government, especially with my health." Maher also expressed skepticism about the seriousness of the swine flu and whether completely healthy people could die from it. His comments have generated criticism, and his remarks have been called unscientific and even harmful.^[66]

Maher responded to the criticism, noting, "What I've read about what they think I'm saying is not what I've said. I'm not a germ theory denier. I believe vaccinations can work. Polio is a good example. Do I think in certain situations that inoculating Third World children against malaria or diphtheria, or whatever, is right? Of course. In a situation like that, the benefits outweigh costs. But to me living in Los Angeles? To get a flu shot? No."^[67]

He supports the current abortion laws and giving the terminally ill the right to assisted suicide.

Criticism of 9/11 conspiracy theories[link]

Maher has been a critic of 9/11 conspiracy theories. On October 19, 2007, Maher confronted several 9/11 truthers and had them ejected from his show audience after they interrupted the live show numerous times by calling out from the audience. The incident drew significant media attention and praise from Fox News talk show host and frequent critic John Gibson.^[68]

Personal life[link]

Maher has never married. In 2003, he began dating former Playboy Cyber Girl Coco Johnsen. In November 2004, at the end of their 17-month relationship, she sued him for USD $9 million for "pain and suffering" for alleged "insulting, humiliating and degrading racial comments." Her suit^[69] stated that Maher promised to marry her and father her children, support her financially, and purchase a Beverly Hills home. Her suit also alleged that she quit her job as a flight attendant and occasional model to be with him. Maher's lawyers in their response filed on November 23, 2004, in Los Angeles Superior Court said Maher is a "confirmed bachelor, and a very public one at that" who "never promised to marry [Johnsen] or to have children with her."^[70]

Maher's filing stated that, after the relationship had ended, Johnsen "launched a campaign to embarrass, humiliate, and extort ridiculous sums of money from Bill Maher." Johnsen accused another former boyfriend of rape and kidnapping in 1997, and the charges were later dismissed for lack of evidence.^[71] Her lawsuit against Maher was dismissed on May 2, 2005.

Maher next to his star on the Hollywood Walk of Fame in September 2010

Maher enjoys his bachelor status and states that he does not want to get married. On his website, he is quoted as saying, "I'm the last of my guy friends to have never gotten married, and their wives — they don't want them playing with me. I'm like the escaped slave — I bring news of freedom."^[72]

In 2005, he began dating Karrine Steffans, best-selling author and former hip hop model.^[73][74][75] When commentators suggested there was a pattern to his dating because both his girlfriend and former girlfriend were black, Maher said, "People say I'm into black women. Robert De Niro is into black women. I'm just into women who are real, and they happen to be black."^[74]

From 2009 to 2011, Maher dated the neuroscientist and science educator Cara Santa Maria.^[76]

Credits[link]

Bibliography[link]

• True Story : A Novel, 1994 (ISBN 0-7432-4251-3)
• Does Anybody Have a Problem With That? Politically Incorrect's Greatest Hits, 1996 (ISBN 0-679-45627-9)
• Does Anybody Have a Problem with That? The Best of Politically Incorrect, 1997 (ISBN 0-345-41281-8)
• When You Ride Alone You Ride With Bin Laden: What the Government Should Be Telling Us to Help Fight the War on Terrorism, 2003 (ISBN 1-893224-90-2)
• Keep the Statue of Liberty Closed: The New Rules, 2004 (ISBN 1-932407-47-2)
• New Rules: Polite Musings from a Timid Observer, 2005 (ISBN 1-59486-295-8)
• The New New Rules: A Funny Look at How Everybody but Me Has Their Head Up Their Ass, 2011 (ISBN 0-39915-841-3)

Filmography[link]

References[link]

External links[link]

Wikimedia Commons has media related to: Bill Maher

Wikiquote has a collection of quotations related to: Bill Maher

• Official website
• Bill Maher on Twitter
• Bill Maher on Myspace
• Bill Maher at the Internet Movie Database
• Works by or about Bill Maher in libraries (WorldCat catalog)
• Bill Maher on National Public Radio in 2004
• Appearances on C-SPAN
• Bill Maher on Charlie Rose
• HBO's "Real Time with Bill Maher" site
• 2006 Maher Interview with The A.V. Club
• 2009 Maher Interview with writers at the Religulous DVD release
• Bill Maher collected news and commentary at The New York Times