[Congressional Record (Bound Edition), Volume 149 (2003), Part 3]
[Senate]
[Page 4167]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          BLACK HISTORY MONTH

  Mr. SMITH. Mr. President, I rise today to speak about the 
significance of Black History Month. This week, I would like to discuss 
briefly an issue of great importance in African American history, and 
one that remains of vital importance still today--the problem of hate 
in our society and hate crimes.
  As most of my colleagues know, Senator Kennedy and I have introduced 
hate crimes legislation during the past two Congresses. I think it is 
important for my colleagues to know just some of the background behind 
hate crimes law, and have a full understanding of why expanding current 
hate crimes law is important today.
  We can find instances of hate crime throughout our Nation's history, 
but they drew increased national attention during the last century. 
Widespread lynchings in the South, the murders of Emmet Till in 1955, 
Medgar Evers in 1963, church bombings, and attacks on black protesters 
all contributed to fear in black communities around the country, and 
horror among Americans who understood those crimes to be nothing short 
of domestic acts of terrorism.
  Early hate crimes laws stem from such events--laws developed from 
efforts to prevent Ku Klux Klan violence against Black Americans during 
the Reconstruction era and then, at the Federal level, in the 60s, 
during the Civil Rights era. What we have today is a patchwork of state 
and local laws that have arisen over the years in response to bias 
crimes, and federal hate crimes law has not kept pace. Because federal 
law was initially designed to protect only certain special activities, 
we now have a situation in which the Federal Government's involvement 
is virtually limited to hate crimes committed in voting booths and 
national parks. The law is inadequate, and many Americans understand 
that.
  Just a few days ago, I made a statement on the floor of the Senate 
regarding a hate crime committed against Chad Debnam and others in 
Northeast Portland, in my home State of Oregon. On January 19, 2003, 
four young men went on a shooting spree through Northeast Portland 
because, according to police, they thought the neighborhood was 
predominantly African American. Shots were fired into cars and homes in 
that neighborhood, not 50 years ago, but just last month. But, 
unfortunately, just like 50 years ago, the Federal Government could not 
help investigate that crime, even if local law enforcement officials 
asked for it. We saw a similar problem when James Byrd was dragged 
behind a pick-up truck in Texas just a few years ago.
  Each day we are in session I come to the Senate floor to detail a 
hate crime that occurred somewhere in the country within the past few 
years. Local law enforcement officers would not have been able to seek 
Federal help in nearly all of those cases. Crimes against African 
Americans, Hispanic Americans, Muslim Americans, gay Americans, and 
others still occur with disturbing frequency today, but our Federal 
hate crimes law is stuck in the last century. The hate crimes 
legislation proposed by Senator Kennedy and myself would finally make 
it much easier for the Federal Government to respond to hate crimes.
  During Black History Month, I think it is important for us to 
remember that while we have made tremendous progress in many areas of 
civil rights law, we have a great deal more work to do. There is no 
more important civil right than the right to be free from violence, and 
we should remember the importance of expanded hate crimes law as we 
continue to celebrate Black History Month.

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