Rep. Sheila Jackson Lee (D-Texas) has introduced the Leading Against White Supremacy (LAWS) Act of 2023, a bill that would criminalize speech around certain topics and label it “hate speech.”
The Texas Democrat filed HR 61 “to expand the scope of hate crimes” and “to prevent and prosecute white supremacy inspired hate crime and conspiracy to commit white supremacy inspired hate crime,” the bill reads.
The bill’s text states that anyone who publishes “material advancing white supremacy, white supremacist ideology, antagonism based on ‘replacement theory', or hate speech that vilifies or is otherwise directed against any non-White person or group” could face criminal penalties.
Published material refers to any information posted online, including “a social media platform or by other means of publication.”
A person could be charged with a crime if the published material was “read, heard, or viewed by a person who engaged in the planning, development, preparation, or perpetration of a white supremacy inspired hate crime” against any nonwhite person or group.
Additionally, a person could also face criminal charges even without acting on any threat if they publish material that “could, as determined by a reasonable person, motivate actions by a person predisposed to engaging in a white supremacy inspired hate crime or by a person who is susceptible to being encouraged to engage in actions relating to a white supremacy hate crime.”
The bill alleges that white supremacy is the motivating factor behind mass shootings and other hate crimes.
“Mass shootings and other hate crimes motivated by white supremacy have been increasing in frequency and intensity,” the bill states. “These heinous and virulent crimes are inspired by conspiracy theories, blatant bigotry, and mythical falsehoods such as ’replacement theory.' All instances must be prevented and severe criminal penalties must be applied to their perpetrators.”
First Amendment Rights
The bill is unlikely to pass the House since Republicans gained the majority during the midterms, but it does demonstrate an ongoing effort by Democrats to censor and criminalize certain speech they don’t agree with.The labels of “white supremacist” and “white nationalist” have been used by politicians and mainstream media to describe former President Donald Trump and his supporters because of their views on issues like illegal immigration, border security, and election integrity.
The labels have also been used against people who disagree with the tenets of critical race theory and mandatory race-based training programs in the workplace.
“All forms of hate fueled by violence have no place in America,” Biden said, recalling various attacks, including the mass shooting at the Pulse nightclub in Orlando, Florida, in 2016, and another at a grocery store in Buffalo, New York, in 2022.
“White supremacists will not have the last word,” he continued.
During his speech, he mentioned Jan. 6, 2021, when the U.S. Capitol was breached during an election integrity protest, adding that the United States has long had a “through line of hate” against minority groups and that the media and politics have fueled the problem.
Biden went on to say that he wanted Congress to “hold social media companies responsible for spreading hate.”
Section 230 of the Communications Decency Act is a federal law that protects social media companies from liability for the content posted by their users.
The Biden administration has repeatedly called for the revocation of Section 230.
“I’m calling on Congress to get rid of special immunity for social media companies and impose much stronger transparency requirements on all of them,” Biden said.
The failed bill would have created a new division within the FBI that would be required to submit an annual “assessment of the domestic terrorism threats posed by White supremacists and neo-nazis, including White supremacist and neo-Nazi infiltration of Federal, State, and local law enforcement agencies.”
Republican Response to HR 61
On Monday, Republican Rep. Lauren Boebert alleged the proposed bill is “making a mockery of the First Amendment,” according to a post she wrote on Twitter.Jackson Lee defended the legislation, claiming she fully supports the First Amendment.
“If you desire to defend the acts of white supremacy or maybe even be one if your heart desires, that is your choice to make; it’s protected by the first amendment; and I fully support the protections of the first amendment for every American,” Jackson Lee responded to Boebert.
Jackson Lee’s bill has no co-sponsors.
