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Hate Has Constitutional Limits

By Dominque Warren

Over a week ago, white supremacists, white nationalists, and neo-Nazi groups swarmed the town of Charlottesville and assembled to protect the statue of Confederate General Robert E. Lee. This statue is one of thousands throughout the country that were erected over 50 years after the Civil War, not to commemorate the saving of the Union and the abolishment of slavery. Nor were these monuments created to honor the Confederacy, in which the Confederate States of America were only in existence for four years.

These statues were erected as tools of intimidation along with the uplifting the “Stars and Bars” of the confederate flag as symbols of white supremacy and were used as symbols of terror towards black people after reconstruction all the way to the present. This isn’t a matter of free speech, this is a matter of domestic terrorist groups having free reign to intimidate a segment of the population.
 



Dominque Warren

Toledo’s biggest newspaper in August, lambasted the University of Toledo for restricting the distribution of materials by the white supremacist group, Identity Europe, which was also in attendance at Charlottesville with the other groups that helped incite not just violence, but violence that ended up in the death of a person. The mere existence of these groups serves to instill hatred, incite violence, and spread an Anti-American attitude of separatism and ethno-nationalism. These groups are hiding behind the 1st Amendment to cause harm and fear to a segment of our population. The U.S. Constitution has limits around infringing on the safety and well-being of American citizens.

Free speech does not apply to words that incite violence, motivate people to inflict harm or violently intimidate people.  During times of crisis and contention, it is important that we notice who is in the room and what is said. It is easy to march for inclusionary policies, diversity and acceptance during annual summer festivals, but harder to take a stand against hateful speech and hateful public symbols, and work to protect people that these acts intend to attack.

In Toledo, I saw many candidates for public offices waving and marching at festivals and being close-lipped about Charlottesville. This should cause concern to not just black folks and the Jewish communities, but to those communities they march for when a societal challenge or crisis arises.

We have heard mayoral candidate Tom Waniewksi somehow equate stolen flower pots being replaced as important as black lives being protected in early summer with his infamous “If a woman has a flower pot stolen that is as much of a crime as someone shot in the central city” during his speech to the Toledo Tea Party. Let’s believe who Tom says he is and not give him the benefit of the doubt, because our black lives can’t take that risk. Wade Kapszukiewicz’s silence on Charlottesville is disturbing because he has campaigned on being a moderate politician. We do know that Martin Luther King, Jr’s biggest criticism was for the complacency of the white moderate “who is more devoted to order than to justice, who prefers a negative peace which is an absence of tension to a positive peace which is the presence of justice.”

If the leaders we elect can’t protect us in times of our greatest need, we shouldn’t expect them to make impactful change when times are better.

The U.S. Constitution is a breathing and living document that has continuously advanced the causes of social justice and change when this nation needed a recalibration of democracy and freedom. We expect the people who are sworn to uphold its statutes, to do so in the creation of a more perfect union that allows people to embrace diversity and inclusion, not bigotry and separatism. We must continue to push for progress from these institutions as well as from ourselves. We should understand that the limits of the Constitution are only dictated by our limits on love, acceptance, and compassion; therefore hate has constitutional limits.

 

   
   


Copyright © 2017 by [The Sojourner's Truth]. All rights reserved.
Revised: 08/16/18 14:12:34 -0700.


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