In my newsletter this month, I chatted about why I’m choosing to pursue independent publishing. I have several reasons. One reason was because a freedom, one I always assumed would be available, seems to be on shaky ground.
Words are powerful. As a storyteller, I know views and opinions can be changed by words. That said, I’m not a fan of vulgarity (it shows a lack of creativity), I don’t condone sharing dangerous ideas (how to make a homemade bomb, for instance), or spreading hate whether it’s on a digital page or in person.
Yet…isn’t vulgarity, the sharing of ideas, and the freedom to articulate any idea exactly freedom of speech? If we live here in America (and some other countries, as well), we have the freedom to say what we want. If your message is despicable, vulgar, and/or insulting, there could be consequences for what you say. But if no one is harmed, the government can’t arrest someone for things said.
Until Stuart Seldowitz.
Recently, Mr. Seldowitz was arrested for a hate crime in New York. He’d been harassing an Egyptian halal food vendor. Even though the man asked him to stop, Mr. Seldowitz continued. He made Islamophobic remarks and threatened to send the man’s picture to his friends in immigration. He even went so far as to say, “If we killed 4,000 Palestinian children, you know what? It wasn’t enough.”
His comments turn my stomach and pains my heart. People are people, regardless of their ethnicity or where they live, but the issue in the Middle East has everyone on edge. In the last week alone, the news reported several hate crimes, most of them shootings. Mr. Seldowitz’s behavior and speech was abhorrent. But is it a hate crime?
New York thought so. Here’s their list of the hate crimes that can be prosecuted, which include harassment and stalking. (https://www.ny.gov/designated-hate-crimes)
The U.S. Department of Justice has the following to say about hate crimes. The “crime” in hate crime is often a violent crime, such as assault, murder, arson, vandalism, or threats to commit such crimes. It may also cover conspiring or asking another person to commit such crimes, even if the crime was never carried out. Under the First Amendment of the U.S. Constitution, people cannot be prosecuted simply for their beliefs. People may be offended or upset about beliefs that are untrue or based upon false stereotypes, but it is not a crime to express offensive beliefs, or to join with others who share such views.
https://www.justice.gov/hatecrimes/learn-about-hate-crimes
If it’s not a crime to express offensive beliefs, where’s the line between it and harassment? I’m not condoning what Mr. Seldowitz did. For the record, after his arrest, he was charged (he pled not guilty), and released without bail.**
Everyone seems eager to be offended by something. Dog-piling has become an Olympic-level activity on social media. The message goes out, “We will withhold our support from this person and their unpopular beliefs and will do anything else we can to make their life difficult” and then we hear about that person struggling to keep their small businesses running while dealing with hate email. Cancel culture is alive and well, my friend.
But what if it’s you next time? You disagree with someone—you don’t like their political affiliation, their country’s actions or beliefs, their sexual identity, or their religion. It comes up and the other person becomes offended by your views and feels “excluded and attacked.”
Kindness should always be the response when dialoguing with someone who holds opposing views. While I’m not saying we should roll over and be a doormat, we can speak the truth in love. Even with this mindset in place, you may share an unpopular opinion that offends another.
Will it cause you to be arrested?