Thursday, April 30, 2009
Fox's Henneberg repeats right-wing myth that hate crimes bill could gag ministers
Fox's Henneberg repeats right-wing myth that hate crimes bill could gag ministers
Molly Henneberg uncritically reported the false claim made by religious groups that the Local Law Enforcement Hate Crimes Prevention Act would allow individuals or groups to "be prosecuted for their religious beliefs."
However, the assertion that the legislation would allow individuals or groups to "be prosecuted for their religious beliefs" is false: Section 8 of the bill states that "Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the Constitution," and the First Amendment to the Constitution states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" (emphasis added). Indeed, the House Judiciary Committee's report on the legislation states that the purpose of Section 8 of the bill is "to lay to rest concerns raised in the 110th Congress mark-up of the legislation, and repeated since then, that religious speech or expression by clergy could form the basis of a prosecution. ... Nothing in this legislation would prohibit the constitutionally protected expression of one's religious beliefs."