Among the many toxic effects of hate crime laws, the worst is that they destroy the ethic of equality before the law. This ethic was the cornerstone of the civil rights movement and its most compelling argument, and for forty years — from 1955 to 1995 — appeals for equal treatment before the law for both victims and offenders swayed white Americans to understand minorities’ plight.
All of this changed when Eric Holder and Bill Clinton shoved through a highly politicized hate crimes regime in the late 1990’s. From the beginning, this regime wasn’t about punishing hate wherever it happened; it was about weaponizing identity politics where they least belonged: in the courts. It was about freezing America like a scared rabbit before the image of eternal imaginary Klansmen eternally burning down black churches and eternally lynching minorities. ...