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 Message Boards » » FREE EXPRESSION HATE CRIME ACT Page [1] 2, Next  
baonest
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http://students.ncsu.edu/senate/bills.php?legid=1139

Quote :
"Senate Resolution 25



A RESOLUTION TO BE ENTITLED AN ACT TO ADDRESS THE INCIDENT THAT OCCURRED IN THE FREE EXPRESSION TUNNEL ON WEDNESDAY, NOVEMBER 5TH, 2008





Short Title: Free Expression Tunnel Hate Crime Act (Public)

Sponsors: Senator ADONIS

Signatories:

Referred to:

Version: (insert either committee version, as amended by Senate, etc.)

First Reading: 11-12-2008 Second Reading:





WHEREAS, on Wednesday, November 5th, 2008 four students spray painted heinous remarks in regards to President-Elect Barack Obama on the Free Expression Tunnel.



WHEREAS, the remarks “Let’s shoot that nigger in the head” went beyond the constitutional right of freedom of speech and became hate speech, defined by the United States Government as discriminatory harassment including conduct (oral, written, graphic or physical) directed against any person or, group of persons because of their race, color, national origin, religion, sex, sexual orientation, age, disability, or veteran’s status and that has the purpose or reasonable foreseeable effect of creating an offensive, demeaning, intimidating, or hostile environment for that person or group of persons



WHEREAS, in addition to the racist remarks, references to the Ku Klux Klan were also portrayed and Campus Police had to paint the tunnel white to cover the messages.



WHEREAS, the Chancellor agreed that the act was well over free expression, stating, “There was no question in my mind as chancellor of the University or as an individual that what was written there was well beyond what is free speech”



WHEREAS, although North Carolina State University has no specific hate crime policy:



* Ten inch noose found in the Motor Pool Office restroom at the Sullivan Shops on Thursday, November 8th, 2007
* Sign was found on Thursday, November 14th, 2007 on the door of an Avent Ferry Complex Apartment stating “No Blacks allowed White Room Only, Blacks next door,” and many other unreported incidents
* Resolution 62 an act to formally condemn the act of hatred on this campus last week and to call for a stronger message dated, November 14th, 2007 was passed by a 48-0 roll call vote
* Resolution 67 an act to formally call upon Chancellor Oblinger to appoint a committee to formulate a campus wide hate crime policy, dated November 28th, 2007



WHEREAS, according to REG 04.25.1, section 1.2 issued by the chancellor on August 30, 1999, last revised on June 21, 2005 it is reiterated that discrimination based upon race, color, religion, creed, sex, national origin, age, disability, veteran status, or sexual orientation is in violation of federal and state law and North Carolina State University policy and will not be tolerated.



WHEREAS, on May 3, 2007, the US House of Representatives, by a strong bipartisan margin of 237 yeas to 180 nays, passed H.R. 1592, the “Local Law Enforcement Hate Crimes Prevention Act.”



WHEREAS, H.R. 1592, as introduced, sets out congressional findings regarding the harmfulness posed to society by hate crimes, that is, crime motivated by the victim’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability



WHEREAS, this bill, in short, allows the federal government to work with state and local authorities to punish hate crimes to the fullest extent possible



WHEREAS, according to the 2007 Federal Sentencing Guidelines Manual, Section 3A1.1. Hate Crime Motivation or Vulnerable Victim: if the finder of fact at trial or, in the case of plea of guilty or nolo contendere, the court at sentencing determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense of conviction because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person, increase by 3 levels



WHEREAS, Part E, Section 3E1.1 Acceptance of Responsibility states that if the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels



WHEREAS, the failure for the NC STATE community to “act against the public acknowledgement of a group’s intention demonstrates our willingness to pacify a contingent that would attempt to steal away the will of an entire nation, and the fact that these threats are also blatantly racially charged should only enrage us more as the argument is only one of skin color”



WHEREAS, that since the search made by the Secret Service determined that there was no threat and that no hate-related charges were filed by officers, and that the only disciplinary actions these students will face is left up to the responsibility of the dean or director, supervisor, or Office of Student Conduct



RESOLVED, we strongly suggest that the University look to immediately expel those who promote such violent and racist actions on campus



And be it further RESOLVED, that the University look to prosecute the offending students to the fullest extent of State and Federal law.


"


[Edited on November 12, 2008 at 11:22 AM. Reason : ]

11/12/2008 11:22:22 AM

ReceiveDeath
INEED2 GET HIRITENOW
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very serious

11/12/2008 11:22:53 AM

fatcatt316
All American
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Student senate don't play

[Edited on November 12, 2008 at 11:24 AM. Reason : surious]

11/12/2008 11:23:55 AM

Snewf
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good

these actions make the school look like shit

11/12/2008 11:24:31 AM

Kodiak
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WHEREAS, no matter what we do

RESOLVED, there will still be a bunch of knuckle-dragging rednecks making NC State look bad

11/12/2008 11:26:01 AM

Aficionado
Suspended
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Quote :
"and many other unreported incidents"


i have a problem with resolutions that are justified by unreported incidents

11/12/2008 11:27:42 AM

ScubaSteve
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and change the name from "FREE" to "1/2 OFF" EXPRESSION WALL.

[Edited on November 12, 2008 at 11:29 AM. Reason : just have the university express it's love for white paint. haha]

11/12/2008 11:28:12 AM

Prawn Star
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So if they catch a black guy doing something like this in a peverse victimization ploy, does he get immediately expelled as well?

11/12/2008 11:28:45 AM

nastoute
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^

please provide examples

11/12/2008 11:29:13 AM

Snewf
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yes

what the fuck kind of world of false consciousness do you live in?

11/12/2008 11:29:27 AM

SaabTurbo
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WHAT HAPPENS IF SOMEBODY LIKE NEUSE WRITES "KILL WHITEY" ON THERE SON?

DOES HE GET EXPELLED IF HE GETS CAUGHT?

DO ALL OF THE BLACK PEOPLE GET EXPELLED IF HE DOESN'T GET CAUGHT?



THESE ARE SERIOUS QUESTIONS THAT WE MUST ADDRESS MY SONS.

11/12/2008 11:30:10 AM

icanread2
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WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS

11/12/2008 11:30:50 AM

DeltaBeta
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"Well beyond free speech"? Either there's free speech or there isn't.

11/12/2008 11:35:49 AM

OmarBadu
zidik
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i thought our legal system deemed what they did legal - does Adonis not know that?

11/12/2008 11:54:47 AM

moron
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^^ there isn't.

You can't say you're going to kill the president, you can't yell fire in a crowded room, etc.

11/12/2008 11:56:04 AM

Paul1984
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It all gets kind of murky since some speech is also an action, and their are definitely illegal actions.

11/12/2008 12:01:32 PM

CeilingCat
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What's next, the thought police? What was written was tasteless and does deserve to be punished, but this whole NAACP storming on campus, the N&O and WRAL articles are blowing this entirely out of proportion. The university should have dealt with this quietly and on it's own--period. This whole overcompensating PC song and dance is a little tired.

11/12/2008 12:01:54 PM

Vix
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The NAACP wants to enact a law preventing this kind of hate speech AND punish the people who committed this crime retroactively.

Dude, that's just wrong.

11/12/2008 12:03:46 PM

LaserSoup
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Why not just change the name of the university to UNC while we're at it. The worst part about what those four students did was create all this gay fallout. Paint over it and move the fuck on.

11/12/2008 12:09:42 PM

packboozie
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^Yep. Someone gets it.

Quote :
"good

these actions make the school look like shit"


No, everyone making a big deal out of it and getting all these people involved makes our school look like shit. Look the people that did this were probably just looking to get people riled up. I think they succeeded.

11/12/2008 12:12:28 PM

Snewf
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yeah it should have been ignored

after all, boys will be boys

11/12/2008 12:13:54 PM

SaabTurbo
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I STILL DON'T GET WHY THEY WENT PUBLIC WITH THIS SHIT.

THEY SHOULD HAVE JUST PAINTED OVER IT AND SHUT THE FUCK UP ABOUT IT SON.


IF THE NAACP WANTS TO COME IN HERE AND TAKE AWAY OUR 1ST AMENDMENT RIGHTS BY ENACTING LAWS AGAINST MAKING CERTAIN NOISES OR WRITING CERTAIN CHARACTERS IN A CERTAIN ORDER THEN THEY'RE FUCKING RETARDED. THE POINT IS THEY WANT TO FEEL BUTTHURT AND THEY WANT TO TAKE IT OUT ON SOME RANDOM KID WHO WROTE SOME SHIT.

IN ORDER TO TRULY BE FREE, WE HAVE TO ALLOW EVERYONE TO BE FREE. UNFORTUNATELY, THAT HAPPENS TO INCLUDE IDIOTS.

11/12/2008 12:14:34 PM

gunzz
IS NÚMERO UNO
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how many people in this thread that are against this "Act" are white?

11/12/2008 12:16:19 PM

Vix
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Quote :
"IN ORDER TO TRULY BE FREE, WE HAVE TO ALLOW EVERYONE TO BE FREE. UNFORTUNATELY, THAT HAPPENS TO INCLUDE IDIOTS. "


Agreed

11/12/2008 12:16:22 PM

Agent 0
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haha Kodiak wins this thread

11/12/2008 12:16:24 PM

Mr Grace
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i dont believe in "freedom of speech unless it offends black people"

what they wrote was offensive and demonstrated terrible judgment, but expelling them does not make them become better people. it only appeases the naacp which is a racist discriminatory organization in itself.

im sure there are better ways to resolve the situation if people were to try and get creative.

11/12/2008 12:21:58 PM

jackleg
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Quote :
"how many people in this thread that are against this "Act" are white?"


me

ps - the NAACP is racist as fuck

also if youre white you should check out the BET election coverage. ive never heard so many racist jokes in my life!

11/12/2008 12:24:12 PM

BigHitSunday
Dick Danger
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i dont think anybody, white or black, gives a shit about BET

11/12/2008 12:25:20 PM

terpball
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fuck this shit

GO HEELS

11/12/2008 12:25:53 PM

stategrad100
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I just hope those four kids that I read about in newspapers across the nation are ready for a rubber glove up their asses every time they try to fly anywhere WHEREAS for the duration of the rest of their lives.

11/12/2008 12:27:48 PM

BigHitSunday
Dick Danger
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i hope you hate the white side of your immediate family just as much as you love the black side of your immediate family

11/12/2008 12:27:49 PM

terpball
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who the fuck are you talking to? are you just talking to the internet?

11/12/2008 12:32:57 PM

BIGcementpon
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Quote :
"just have the university express it's love for white paint. haha"

Why don't they use red when repainting? Then it'll be RED and you can't see the words through the white paint. I guess red paint is more expensive?

11/12/2008 1:16:04 PM

NeuseRvrRat
hello Mr. NSA!
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I DON'T KNOW IF ANY OF YOU HAVE BEEN TO THE HARDEES IN LILLINGTON, BUT THAT PLACE HAS A HISTORY OF RHEE RHEE'S.

THEY HAVE INDUSTRIAL STYLE TOILETS THAT HAVE NO RESERVOIR ON THE BACK AND NO TOILET LID, JUST A MOVABLE TOILET SEAT. FOR THE PLUMBING THERE'S JUST A PIPE COMING OUT OF THE WALL WHICH MAKES A 90 DEGREE BEND AND GOES INTO THE BACK PART OF THE TOILET. AT THE 90 DEGREE BEND THERE'S A FITTING WITH A HANDLE ON IT TO FLUSH THE TOILET. I'M SURE YOU'VE ALL SEEN THESE TOILETS. IN CASE YOU STILL CAN'T IMAGINE IT, THIS IS WHAT IT LOOKS LIKE:



WELL, I ONCE WENT IN THAT HARDEES TO FIND THE WORST INDUSTRIAL ACCIDENT I'VE EVER SEEN TO BE HONEST.

I TRIED TO RECREATE THE ACCIDENT SCENE THE BEST I COULD AND I CAME UP WITH THE FOLLOWING SCENARIO. A 275LB MALE CONSTRUCTION WORKER HAD EATEN TWO PHILLY CHEESE STEAKS THE NIGHT BEFORE. HE WAS ON HIS WAY TO WORK WHEN HE REALIZED HE HAD RHEE RHEE. HE STOPPED AT THE HARDEES AND RAN IN, HEADING STRAIGHT FOR THE BATHROOM. HE RAN INTO THE BATHROOM AND BURST INTO THE STALL, VIOLENTLY STRUGGLING TO RELEASE HIS BELT, BUTTON AND FLY BEFORE HE HEAVILY LOOSE PILED HIMSELF. HE HAD TROUBLE WITH THE BELT AND THE BUTTON, WHICH LOST HIM HIS LAST PRECIOUS SECONDS.

AS HE GOT HIS PANTS DOWN HE SIMULTANEOUSLY TRIED TO SIT DOWN AS QUICKLY AS POSSIBLE. THIS WAS SUPPOSED TO BE ONE SWIFT MOTION, WHICH WOULD HOPEFULLY END UP WITH THE LOOSE PILE IN THE TOILET. UNFORTUNATELY THE BELT HAD COST HIM TOO MUCH TIME AND AS HE BENT FORWARD TO SIT DOWN HE HAD WHAT I REFER TO AS A "LONG POP FART." THIS CAUSED AN IMMEDIATE BLOWOUT OF LOOSE PILE RHEE ALL OVER THE WALL, FLOOR AND PLUMBING OF THE TOILET.

HE WAS SURPRISED WITH THE FEROCITY OF THE LONG POP AND AFTER FEELING IT OUT FOR A MOMENT HE REALIZED ALL OF THE RHEE WAS GONE. SINCE HE WAS NOW FINISHED DUMPING LOOSE PILE, HE SIMPLY WIPED HIS ASS AND LEFT THE BATHROOM THAT WAY. THE HARDEES EMPLOYEES REFUSED TO CLEAN IT BECAUSE OF THEIR LOW WAGES AND LAST I HEARD THEY HAD TO CALL IN Arab13 TO HANDLE IT.

11/12/2008 1:22:08 PM

iphotou
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Quote :
"Senator ADONIS"

(insert your own joke)

Quote :
"
WHEREAS, according to REG 04.25.1, section 1.2 issued by the chancellor on August 30, 1999, last revised on June 21, 2005 it is reiterated that discrimination based upon race, color, religion, creed, sex, national origin, age, disability, veteran status, or sexual orientation is in violation of federal and state law and North Carolina State University policy and will not be tolerated."


Better be careful what you wish. So if any individual or group takes the actions of any other individual or group as discrimination against them, NCSU will not tolerate it?

Christians could claim any literature, film, audio, or any member of the facility, administration, staff or student body that uses the name of God or Jesus Christ "in vain" as discrimination against their beliefs.

Non-Christians could claim that any Christmas related activity, whether it be a Christmas party or a Christmas break, could argue that as discrimination. They could also argue that not holding classes on Sunday simply because some choose to have it as a day of worship discriminates against their way of thinking.

Want to voice an anti war opinion? Sorry, you discriminate against Veterans.

Think about it.

11/12/2008 1:22:34 PM

IRSeriousCat
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yeah, but there is a difference in that type of discrimination and on that

Quote :
" purpose or reasonable foreseeable effect of creating an offensive, demeaning, intimidating, or hostile environment for that person or group of persons "

11/12/2008 1:26:55 PM

wdprice3
BinaryBuffonary
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TOO BAD THAT THESE REMARKS WERE DETERMINED NOT TO BE HATE SPEECH, ACCORDING THE NORTH CAROLINA STATUTES.


NCSU Senate pwnt. Go the fuck home.

11/12/2008 1:27:20 PM

iphotou
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Quote :
"" purpose or reasonable foreseeable effect of creating an offensive, demeaning, intimidating, or hostile environment for that person or group of persons ""


If Christians stand up on your campus to say that using the Lord's name in vain is discriminating against their beliefs you will see a "hostile environment for that person or group of persons".

11/12/2008 1:30:50 PM

NeuseRvrRat
hello Mr. NSA!
35386 Posts
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god forbid someone be offended

11/12/2008 1:32:02 PM

wdprice3
BinaryBuffonary
45912 Posts
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THIS MAN WAS OFFENDED


HOLY FUCKING HELL. WE MUST DO SOMETHING. NO ONE IN THIS WORLD SHOULD EVER BE ALLOWED HIS/HER OWN THOUGHTS THAT MAY DISAGREE WITH ANOTHER'S, AND POSSIBLY OFFEND THEM.

EXECUTE THESE OFFENSIVE BEINGS AT ONCE!

[Edited on November 12, 2008 at 1:33 PM. Reason : .]

11/12/2008 1:33:06 PM

SymeGuy69
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Fuck it, let's have a civil war.


Douche in the corner says, "There's nothing civil about war."


CHAKOWWWW... first casualty.

11/12/2008 1:35:01 PM

wdprice3
BinaryBuffonary
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I'm laughing now

11/12/2008 1:35:34 PM

Norrin Radd
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Quote :
"the search made by the Secret Service determined that there was no threat and that no hate-related charges were filed by officers"


let see...
No threat = no crime
No crime = no hate crime

If this wasn't a crime, then the Secret Service has deemed this "free speech" that does not infringe on anyone else's rights.

So the NAACP wants these kids expelled just because? Yeah that'll happen.....I'm sure NCSU wants a lawsuit on their hands.

11/12/2008 1:40:57 PM

wdprice3
BinaryBuffonary
45912 Posts
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^that, and Campus Police said this was not a hate crime.

11/12/2008 1:41:52 PM

NeuseRvrRat
hello Mr. NSA!
35386 Posts
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^^logic and the naacp don't mix. i thought everyone knew this.

no one takes the naacp seriously except themselves

[Edited on November 12, 2008 at 1:42 PM. Reason : jdalk;jdfk]

11/12/2008 1:42:32 PM

wdprice3
BinaryBuffonary
45912 Posts
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LOL, true

11/12/2008 1:42:47 PM

SymeGuy69
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Hopefully they don't cave.

11/12/2008 1:43:24 PM

Mulva
All American
3942 Posts
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Quote :
"WHEREAS, in addition to the racist remarks, references to the Ku Klux Klan were also portrayed and Campus Police had to paint the tunnel white to cover the messages."


i think alanis morrisette sang a humorous song about this back in the day

11/12/2008 1:43:32 PM

Norrin Radd
All American
1356 Posts
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^ lol where is the thread where that black guy was pissed about the term "black hole"

11/12/2008 1:45:15 PM

iphotou
All American
13047 Posts
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wdprice3 sees the light.
Unless of course someone that follows dark finds the light as discrimination against their beliefs, in which case they should call the NAADFP* to call WRAL and schedule a meeting with the Chancelor to tell him how to run the campus system to their liking.


*National Association for the Advancement of Dark Following People

11/12/2008 1:46:02 PM

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