In the wake of a horrifying story coming out of South Carolina, there have been calls for the state to pass hate crime legislation ostensibly to protect vulnerable groups from violence motivated by bigotry. The incident involved a couple burning a cross in their backyard to intimidate the black family living next to them.
But are hate crime laws the answer for these types of situations?
The authorities have been looking into the matter. But according to the black family, this behavior has been going on for quite some time.
The FBI has now become involved in the case and is investigating the situation.
Federal civil rights investigators searched the white couple's home in Conway on Wednesday, according to FBI spokesperson Kevin Wheeler. The retired Black couple also recorded video of the cross being burned on Thanksgiving weekend and described days of repeated threats from their neighbors. The next week, Worden Evander Butler, 28, and Alexis Paige Hartnett, 27, were arrested on state charges of harassment and later released on bond.
Cross burnings in the U.S. are “symbols of hate” that are “inextricably intertwined with the history of the Ku Klux Klan,” according to a 2003 U.S. Supreme Court decision written by the late Justice Sandra Day O’Connor. The justices ruled that the First Amendment allows bans on cross burnings only when they are intended to intimidate because the action “is a particularly virulent form of intimidation.”
The situation escalated when the white family put up the burning cross during the Thanksgiving holiday.
From racial slurs to threats of violence, and most recently, a burning cross over Thanksgiving weekend, the family is in sheer disbelief.
“It’s been traumatic for my whole family because they had to witness this," Monica Williams said.
“The issue of safety and security has been broken; the issue of fear and intimidation is now in play," Shawn Williams said.
The burning of the cross was the last straw for the couple. After calling the police, their neighbors were arrested and charged with second-degree harassment, but both made bail the next day and are now awaiting trial.
"He’s dangerous," Monica Williams said. "We feel like he means business when he wants to do harm."
In response to the incident, the black family and members of the community are calling on the government to do more to prevent this type of behavior. South Carolina is one of two states that does not have a hate crime law.
These calls echo what many were calling for after the racially motivated shooting at a Dollar General store in Jacksonville, Florida. But as I said then, all the hate crime laws in the world aren’t going to save black folks more than the Second Amendment.
I'd trust my Smith & Wesson to protect my Black life over an anti-Black hate crime bill any day of the week.
— Jeff Charles, An Awful Pundit🏴 (@jeffcharlesjr) August 28, 2023
The Second Amendment is far better than any "feel good" legislation Congress might pass to make it look like they are doing something about the problem. https://t.co/oamluVuGBL
Let’s start with the intent behind hate crime laws. They are supposedly designed to add more punishment to offenders who commit crimes motivated by bigotry. The logic as that these extra penalties will somehow deter violent bigots from being violent bigots.
However, as with most laws, hate crime laws don’t actually do anything to solve a problem. In this case, they could make it worse by lulling people into a false sense of security. It’s what “feel good” laws are meant for.
Yet, many of those who advocate for hate crime laws are the same folks who don’t want black Americans to be armed. They are the ones who also push for harsher restrictions on firearms, thereby making it harder for potential hate crime victims to defend themselves.
What happened with this family is abhorrent. But pushing for hate crime laws, while also seeking to disarm potential victims, makes absolutely no sense.
