BILL ANALYSIS SCR 58 Page 1 Date of Hearing: June 15, 2010 ASSEMBLY COMMITTEE ON JUDICIARY Mike Feuer, Chair SCR 58 (Cedillo) - As Introduced: September 3, 2009 SENATE VOTE : 26-9 SUBJECT : HATE SPEECH KEY ISSUE : SHOULD THE LEGISLATURE CONDEMN THE APPARENT INCREASE OF HATE SPEECH IN THE MEDIA, PARTICULARLY AGAINST LATINOS? FISCAL EFFECT : As currently in print this bill is keyed non-fiscal. SYNOPSIS This resolution seeks to put the Legislature on record condemning the reported increase of hate speech in the media against Latinos, and urges accurate and fair reporting as well as equal access to counter hate speech on television, radio, cable and the Internet. SUMMARY : Condemns the increase of hate speech in the media, particularly against Latinos, and states that hate speech has created a climate which may foster the commission of hate crimes. Specifically, this resolution finds that: 1)The media plays a critical role in how the United States Latino community is portrayed, including how Latinos are presented and portrayed to Latino children and to society. 2)Hate speech has been defined as speech which threatens imminent unlawful action, but also, as speech which creates a climate of hate and prejudice, which in turn may foster the commission of hate crimes. 3)There has been an increase in hate speech in the media, and in particular, hate speech on television, radio, cable, and on the Internet. 4)The increase of hate speech in the media, in addition to lack of diversity in the media, media consolidation, and the media SCR 58 Page 2 concentration, are having a profoundly negative impact on the civil rights of Latinos and on society as a whole. 5)Studies indicate that there is a correlation between hate speech in the media and hate crimes against Latinos. 6)Unsubstantiated, inflammatory, and inaccurate information is disseminated and promoted in the public sphere about undocumented immigrants and Latinos in general, causing an escalating life-threatening movement against all Latinos. 7)A recently released FBI report documents that Hispanics comprise 62.8 percent of victims of crimes motivated by a bias toward the victims' ethnicity or national origin, an increase of 35 percent from 2003 to 2006. During that same period, more than 300 anti-immigration groups formed, with half labeled as "nativist extremists." Moreover, the violence is directed at all Latinos, whether undocumented or not, because of the indistinguishable characteristics of Latino subgroups. COMMENTS : This resolution is an effort to combat the rising incidence of hate crimes, especially those against Latinos. The author notes that a recently released FBI report documents that Latinos comprise 62.8 percent of victims of crimes motivated by a bias toward the victims' ethnicity or national origin, an increase of 35 percent from 2003 to 2006. This resolution is aimed at shining important light on the issue in order to bring awareness and condemn it, while encouraging accurate and fair reporting on television, radio, cable, and the Internet. The author notes that the media plays a critical role in how the United States Latino population is portrayed, including how Latinos are represented and depicted to society. Often, people use the word, "illegal" interchangeably with "Mexican" or "Latino" to refer generally to persons of Latin American descent, regardless of their actual origin or immigration status. The increase in violence against Latinos reportedly correlates closely with the increasingly heated debate over immigration reform debates. The author states that one preliminary study of hate speech on commercial talk radio revealed the systematic and extensive use of false facts, flawed argumentation, divisive language, and dehumanizing metaphors that are targeted on specific vulnerable SCR 58 Page 3 groups. The study analyzed the speech of three conservative radio programs in order to determine the targets of hate speech and the types of hate speech. The data reportedly showed a recurring rhetorical pattern in which vulnerable groups were identified as antithetical to the core values attributed by the host to himself, his audience and the nation. The study's author concluded that hate speech results in marginalized populations being characterized as a direct threat to the listeners' way of life. The author is concerned that this type of hate speech creates a climate which may foster the commission of hate crimes. The author reports that a similar resolution has been passed unanimously by the San Francisco Board of Supervisors in order to investigate the impact of hate speech in the media. The Board resolved to urge the Federal Communications Commission to conduct a comprehensive investigation on hate speech in the media and its possible impact on hate crimes. REGISTERED SUPPORT / OPPOSITION : Support None on file Opposition None on file Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334