BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SCR 58
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          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  








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            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  








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          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