Is Hate Mail a Crime?

Updated on August 21, 2013
S.R. asks from Kansas City, MO
11 answers

And yes, I am referring to horrible letter that was written about the autistic boy. I dont want to give my personal opinion on this one because this tore my heart in two, especially because i have an autistic child. I just want to know if sending hate mail is a crime?
I looked it up on the internet but get so many conflicting answers. I know that this letter might be in question because the woman who wrote it said that they should just euthanize the child. Not to sure if that would be grounds to press charges?
What do you think?

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So What Happened?

WOW! so many great answers! Well whatever happens i hope that if this letter is indeed authentic, the writer soon realizes what she did was wrong in so many ways. thanks for all the responses!

UPDATE!!
I just read online that the Ontario police are not going to charge the person with a "hate crime" act but they are looking into possible other charges that would fall under Canada laws. They stated that although this was an extremely cruel letter no laws were broken. I just hope this person is identified and they can known to the public how mean and awful they were being! What a sad world we live in!

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H.W.

answers from Portland on

I just read the article- how sad and horrifying. The best the family can do is keep the existence of the letter from their kiddo, and let the police deal with this.

As awful as the letter is, the writer is going to have to live with themselves for the rest of their lives.-- and may very well be known for it. She will have the enmity of thousands upon her.

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J.W.

answers from St. Louis on

Hate speech is protected so long as it does not incite violence or foreseeable harm. That is why every account I have read says if it violates the law. No one knows for sure and I don't think it does.

You can tell a parent to euthanize their child but no one would reasonably believe the parent would do that. No where in that letter does it actually threaten anyone, it is all you should do this as parents.

Like I said in the other post, that letter has me scratching my head. My son is 14 and that letter does not ring true to how people react to autistic kids. Most people attack the parent, that letter attacked the child, that is not normal. It is not to say that there might not be someone that freaking angry but it just hasn't been my experience.

It worries me because if it turns out to be untrue that casts real hate as potentially fake as well.

I don't know but at least in America that letter didn't violate any laws.

6 moms found this helpful

S.T.

answers from Washington DC on

geez, that was loathsome, wasn't it? and i love how the asshat proudly asserted that she was the one with the 'balls' to be honest, sending an anonymous letter and all.
i don't want it criminalized. i hate over-legislating everything to death. but i want their identity widely disseminated so they can be mocked and shunned by all decent society.
khairete
S.

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D..

answers from Miami on

It was more than just a hate letter. It can be construed as a veiled threat. THAT is what the police are going by. It will be a judge's call to decide on whether or not it IS.

I hope that they find out who this woman is so that they can expose her for the person she is.

I'm proud of these folks for sharing her terrible behavior with the community. If more people told on bullies, it would give enough consequence that these people would behave better. When people like this letter writer have to pay for a lawyer to go to court with them, that will also make them behave better.

Keeping quiet about bullies just enables them. They need to be exposed for what they are. Good for this family. I hope the whole neighborhood finds out how did this.

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A.J.

answers from Williamsport on

Wow. I just read the letter. I don't see anything illegal in it that I know of (Canada I have no idea). I actually got one like it from a bully as a child. It shook me up so much that I showed my parents and they were dumfounded at the cruelty (I'm not autistic, but it had similar, "you should just die and no one will ever like you" type stuff). There was no recourse of course. It was just a cruel letter. They didn't opt to try to get the child expelled or anything, it was just a lesson in life that some people are extremely cruel.

This letter is obviously written by a real-hole who will be VERY EMBARRASSED once his/her identity is divulged. If/when that happens, they will be the ones moving because the neighborhood will know how incredibly awful the person is. Even if other community members are annoyed by the child, they would not condone such cruelty. Unless the neighborhood is some bizarre alternative universe of cruel people.

To me it looks like a case of a really mean letter. Can lawyers spin it into a legal case? There may be a way if it damages someone....but I don't think so in my humble opinion. If I had received a letter like this, I would have copied it an placed it on every door in the neighborhood (as well as putting it online) asking who had written it so the whole "anonymous" angle was blown. I'm sure the person who wrote it complains all the time to other neighbors and everyone knows who did it. They'll get their punishment even if it's not by any authorities.

Also, the sentiments here are downright Third Reich-ish. The author basically insults every disabled person on the planet. So that person will have to just move and change their name pretty much.

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A.V.

answers from Washington DC on

At the very least, it's harassment. If someone threatens to harm someone else, that isn't simply first amendment. The family is being targeted by someone in their community who wishes harm on their child.

See C here: http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.36.080

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A.S.

answers from Boca Raton on

It's really going to depend on the jurisdiction. Wasn't this in Canada? If that's true then our First Amendment protections would not apply (though Canada may have a similar provision in its legal structure).

I tend to err on the side of First Amendment freedoms, but not all speech is protected (the classic "yelling fire in a crowded theater" argument is often used as an example of unprotected speech). Perhaps there is a civil action that could be filed (???).

As hateful as this letter was I'm not sure there is an indication of imminent threat of harm, or a clear and present danger. Therefore I would not be in favor criminal prosecution (gosh it pains me to type that).

But again - it's really going to depend on the jurisdiction.

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Y.M.

answers from Iowa City on

Generally speaking, no it isn't a crime. If there are overt threats or if the mail is sent so frequently as to be considered harassment then it can be a crime in certain states.

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P.G.

answers from Dallas on

Not sure, but if it falls under harassment or something like that, I'd be happy if they got some form of punishment. They decided to put their feelings into words in a cruel way, so if they violated a law, they get to deal with consequences.

Personally, if they have any friends, I hope the friends find out about it and dump them.

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G.B.

answers from Oklahoma City on

I would think since the article said they were looking for the person and could press charges that they must have some law that it breaks. Not sure what that law would be for sure.

Hubby says he thinks the 1st amendment allows the sender to say what they want. BUT there is a fine line there about it being over the edge and into a threatening letter.

I think if the police wanted to press charges towards someone they'd find some law somewhere that covered it or something in there.

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B..

answers from Dallas on

I don't think any American laws were broken, and from what I've read Canada has said the same.

I question the authenticity of the letter, and the mother's motives for running to the media. I don't think any of it, is actually real.

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