BILL ANALYSIS
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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