Massachusetts Schools Anti Bullying Bill, Reaches Outside of The Schools Into The Whole of Society
03/11/10 - In an early morning email from Brian Camenker of www.MassResistance.org, I learned of yet another first by the state of Massachusetts. It wasn't enough to be the first state that, though be-it illegally, legalized homosexual marriage. Now the state wants to illegally silence people from speaking out against homosexuals. And the state is attempting to do so, via a public school anti bullying bill. (See below.)

The bill threatens a thousand dollar fine and up to one year imprisonment, for anyone who the state finds to have with malicious intent promoted hatred of any group of persons, by way of any type of published material. --This includes the internet. Whatever happened to detention! And whatever happened to keeping public school rules, within the schools!

The way that this bill is written, not only gives the state the unconstitutional "okay" to put a public school student in jail for a year and to fine the student a thousand dollars, it gives that same unconstitutional "okay" to the state to reach out into the general public and do such to any citizen in the state. Last I knew, Massachusetts was one of the fifty states of the United States of America and bound to the laws of the U.S. Constitution.

The first amendment gives all U.S. citizens the freedom of speech. And the 14th amendment says "no state shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States." The same amendment guarantees that all states must give "equal protection of the laws." Hence, not only is it illegal for Massachusetts to make a law that would infringe on a person's free speech; it would be illegal to protect one group of people, over another group. --You see, some of us are just born this way, in that we have this innate need to speak the truth, in the way that we see it. And it is not up to a state to deem our words that we believe are truth, to be purposely told lies or illegal to be said.

The bill speaks of "libel." Libel is a knowingly false statement, being made that is made with intent to harm another person's name. Not only is such very hard to prove, it has to be directed to a specific person or persons, by name or names. Libel is not something said about a type of person or persons. Yet the wording of the bill, leaves an opening for it to pertain to a type of persons. The U.S. Constitution gives us a right to speak out against any type of person or persons.


The reason "libel" is so hard to prove, is because a prosecutor has to prove that the defendant, knew that he was passing on a false statement and that he had intent to cause harm to another person's name. The burden of proof would be on the plaintiff, which in Massachusetts would now be the state, if this bill were to pass into law. The plaintiff would have to prove that the defendant had "intent to maliciously" promote, yada yada yada. And it is impossible to prove such, unless there is irrefutable evidence that the defendant actually admitted to such. Otherwise, it is nothing more than claims that could actually be seen as libel against the defendant. 


But this bill is not even speaking of true libel cases, in that the bill is speaking of "groups of persons," not any person or persons by name(s). It is speaking a type of persons, and a true libel case cannot be brought against a person on the accusation of the promotion of hatred of the whole of a type of persons in society. There has to be a plaintiff or plaintiffs who "by name" were spoken of and truly harmed by true libel speech. Anything else is just ludicrous and absolutely unconstitutional, as it infringes on our freedom of speech to speak out agaisnt any type of people who we so choose to speak against.


America would not be the land of the free, if people lost their freedom to speak out against any type of people. Had homosexuals not had the right to speak out against, those of us who they call "homophobics," many of them would be in jail today. And by all accounts, they would have to stop that, under this bill. That or Massachusetts would not be giving equal protection under a law (an unconstitutional law.)

This bill is not only attempting to rewrite the meaning of libel cases, it is attempting to make criminal cases out of them. Even true libel cases have always been civil cases that plaintiffs had to hire and pay for their own legal assistance in order to bring about such cases. This bill would basically free people up from having to use their own money for legal assistance, by using the tax-payers' money in what would be criminal cases. I had no idea that Massachusetts had all that extra money floating around its state budget to spend on what would amount to countless and endless new criminal court cases.  

Do Massachusetts tax payers know about this yet?

Debra J.M. Smith - 03-11-10


The following excerpt of the bill is take from: http://www.mass.gov/legis/bills/senate/186/st02pdf/st02283.pdf

151 SECTION 5. Section 98C of chapter 272 is hereby amended by striking out the first

152 sentence and inserting in place thereof the following: Whoever publishes any false material

153 whether written, printed, electronic, televised, or broadcast with intent to maliciously promote

154 hatred of any group of persons in the commonwealth because of race, color, religion, national

155 origin, ancestry, sex, sexual orientation, or disability shall be guilty of libel and shall be punished

156 by a fine of not more than one thousand dollars or by imprisonment for not more than one year,

157 or both.

03/15/10 Update: MassResistance won this fight and the wording was removed before the vote.

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 Debra J.M. Smith