GOP wrong to block hate speech resolution
Dear Editor: Ulster County Legislator Jennifer Schwartz Berky, D-Kingston, introduced last month a memorializing resolution condemning hate speech in Ulster County.
A memorializing resolution carries no force of law, and Berky said that it would have put the Legislature on record as “condemning violence and hate speech and expressing solidarity with those targeted for their ethnicity, race, religion, gender or gender identification.” The resolution also called on the Legislature to pursue a policy that “affirms civil and human rights.”
In a cold-hearted response, all Republicans who attended the meeting voted against the resolution, which had an 11-8 vote in favor of approval but, by rule, needed 12 “yes” votes to pass.
Republicans claimed the resolution violates the First Amendment.
That position is disingenuous, since a memorializing resolution cannot actually outlaw said hate speech and, therefore, would not be unconstitutional.
Even more relevant, according to James Weinstein, a free speech expert at Arizona State University’s Sandra Day O’Connor Law School, hate speech can be considered to be “fighting words,” which are not protected by the Constitution. As the resolution condemns “violence and hate speech,” it is obvious that it would be covered by Weinstein’s interpretation.
It is sad that our Republican leaders in Ulster County do not have the character to stand up for civil and human rights in our county. Mitch Newman, Rifton