|
The State of Hate: Hate on the Internet13
The Internet has rapidly transformed the way people worldwide communicate messages and ideas, do business, and live their lives. The ability to send information instantaneously at any time for relatively little or no cost is truly revolutionary. But as the Internet's important and significant benefits expand, the possibilities to use this medium for unlawful activity grow as well. Unfortunately, the Internet has become a new frontier in spreading hate.
Whereas hate mongers once had to stand on street corners and hand out their message of bigotry on mimeographed leaflets, now these extremists have seized new technologies to promote their causes at sites on the World Wide Web and in chat rooms. The Internet has allowed extremists expanded access to a potential audience of millions — including impressionable youth. It also has facilitated communication among like-minded bigots across borders and oceans and enhances their ability to promote and recruit for their causes anonymously and cheaply. In a criminal context, e-mail messages containing threats can be sent behind a cloak of anonymity or false identity. Persons can be chosen to receive messages without their consent or knowledge.
Although hate speech is offensive and hurtful, the First Amendment usually protects such expression. Beyond spreading hate, though, there is a growing, disturbing trend to use the Internet to intimidate and harass individuals on the basis of their race, religion, sexual orientation, or national origin. When speech contains a direct, credible threat against an identifiable individual, organization, or institution, it crosses the line to criminal conduct. Hate speech containing criminal threats is not protected by the First Amendment. Criminal cases concerning hate speech on the Internet have, to date, been few in number. The Internet is vast and perpetrators of online hate crimes hide behind anonymous screen names, electronically garbled addresses, and Web sites that can be relocated or abandoned overnight.
Hate crimes perpetrated over the Web pose special challenges for investigators and prosecutors. Those who send threatening e-mail communications through the Internet may convey these messages anonymously across state lines to victims in another part of the country. Prosecutors face the daunting task of identifying the perpetrator, collecting and preserving evidence, and establishing jurisdiction over the criminal act. It is essential that law enforcement authorities be equipped to address these challenges — always respecting an individual's free speech rights, but holding perpetrators of hate crimes fully accountable. |
