In general, I’m supportive of hate crime legislation — though I’m absolutely against hate speech legislation as an obvious affront to free speech — but when conservatives would accuse hate crime legislation of criminalizing thought — the crux of the argument being that the crime is the same but the thoughts behind the crime, killing someone because they’re black rather than because they owe you money for example, differ which makes a crime’s punishment differ based on the criminal’s thoughts — I’ve had little to argue against that point. I’d always known that it wasn’t a wholly convincing argument but it always left a tinge of doubt in my thoughts about hate crime legislation.

There are a few reasons I wouldn’t be able to counter this argument: I have little experience with the law and so don’t feel a comfortable extrapolating in that field; the argument has never been convincing enough for me to sit down and think about why it’s flawed; and finally, maybe I’m just not smart enough to explain why I thought the argument didn’t work. Well, none of that matters because publius, who I think has stepped up his game since Hilzoy retired from blogging, has written what I consider to be the definitive defense of hate crime legislation. You really should read the whole thing, but here’s a snippet that sums up the argument fairly well:

In one sense, all crimes criminalize “thought.” The American criminal justice system requires showing not merely an act, but an intent. If I fall down accidentally and kill you, I can’t be prosecuted. Yes, I committed an act of homicide, but I didn’t intend to do that act.

QED Bitches.

John Cole, someone I generally agree with, has been getting a little snippy with the blogosphere over its impassioned response to the stolen election and subsequent rallies for justice currently taking place in Iran.

My thoughts are with the folks in Iran risking it all fighting for democracy, but this can not be said enough- this is not about us, it is about them. I love the coverage of events, but please stop with this narcissistic nonsense.

Most of this is targeted at Andrew Sullivan, who has been working with a great level of dedication to get the news about Iran out while the mainstream media did little to cover the story. I agree with John that changing the colour scheme of a website does nothing to contribute to the Iranian people’s fight for a fair democracy, but that doesn’t mean it’s a meaningless gesture.

I’ve followed this story from its early stages, unable to look away, desperate for any new photo or bit of news out of Tehran. I feel the pain of the Iranian people, and I wish I could do something to solve their problems. But I can’t. Their problems are theirs. All I can do is watch and hope that they win the freedoms every man, woman, and child deserves. Quite frankly, writing about their bravery — these people who are fighting battles our forefathers fought for us, so that we could live in a world with the tacit understanding of legitimacy — is all we can do. To lift up our voices and echo the cries for freedom. We need to let them know that while this is their fight, they do not stand alone. The world is watching.