Daily Freeman (Kingston, NY)

GOP wrong to block hate speech resolution

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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

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