Last
Updated and Archived July 1, 2004
ACE Conference 2004
Summit 2003: Race and
Cultural Issues on Campus-Issues and Strategies
Resources to assist in dealing with
tragedies and similar events.
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Definition
of Hate Incidents, Speech that is Not Protected by the 1st Amendment,
and Guidelines for the Prevention of Hate Crimes and Incidents
(From the SFSU
Department of Public Safety)
Hate Incidents
HATE CRIME - is defined as any act of intimidation,
harassment, physical force, or the threat of physical force, directed
against any person or family, or their property or advocate, motivated
either in whole or in part by hostility to their ethnicity, race, national
origin, religion, sex, sexual orientation, physical or mental disability,
or political/religious beliefs with the intention of causing fear or intimidation,
or to deter the free exercise or enjoyment of any rights or privileges
secure by the Constitution ort the laws of the United States or the State
of California, whether or not performed under color of authority. 422.6
PC The hate crime has to enhance another crime.
HATE INCIDENT - is defined as any as any of the types of acts
defined above, where one or more of the elements of 422.6 PC may be
missing, against any person or family or their property or advocate,
motivated either in whole or in part by bias to their ethnicity, race,
national origin, religion, sex, sexual orientation, physical or mental
disability, or political or religious belief.
Criminal violence that include elements of hate activity but are not
directed at a particular person, institution, or business (do not have
a specific target or victim) are reportable as HATE INCIDENTS. The most
common example of such hate incidents involve verbal comments or acts
of vandalism (graffiti on walls, sidewalks, etc.) which reflect hate/bias
feelings but are only directed generally and not at an identifiable
victim. Although such incidents may constitute other criminal violations,
for the purpose at hand they are reportable as HATE INCIDENTS.
Speech that is Not Protected by the 1st Amendment
Hate speech is a generic term that has come to embrace
the use of speech attacks on race, ethnicity, religion and sexual orientation
while the First Amendment does not permit the government to impose special
prohibitions on those speakers who express views on disfavored subjects.
Speech or actions directed at inciting or producing imminent lawless
action and speech likely to incite or produce such actions will be prohibited.
Fighting words, which are likely to incite an immediate breach of the
peace, will be prohibited. Communications, which create an imminent
danger of uncontrolled violence, are prohibited.
Guidelines for the Prevention of Hate Crimes
and Incidents
- Speech or actions directed at inciting or producing imminent violence
will not be permitted.
- Speech likely to incite or produce violence will not be permitted.
- Fighting words-those by their very utterance inflict injury or tend
to incite an immediate breach of the peace will not be permitted.
- Communication, which creates, an immediate danger of uncontrollable
violence is not permitted.
- Threats of violence, assaults, phone harassment and any criminal
conduct will not be permitted.
- Conduct that targets a particular individual and is so disruptive
that the behavior interferes with a student’s ability to exercise
his/her right to fully participate in the life of the university.
This material was provided by the SFSU Department of Public Safety
for informational purposes. It is not intended as a substitute for
any original state or federal law or SFSU policy statements.
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