The Hate Crime Act is very specific about the evidence needed to accuse and convict an arsonist, a shooter, a stabber, or a vandal under its definitions and terms. This is a perfectly reasonable way for American law to function. However, the result is that the “false flag” argument about crimes against Jewish, Black, or Moslem individuals and institutions are being supported.*
Here are some examples:
- A teenager has been accused of setting a fire to a Mosque in Pittsfield Township, Michigan, but the authorities say they don’t have enough evidence to charge him with a hate crime. The fact that a climate of Islamophobia and hatred for Muslims probably influenced this individual to choose the mosque as his target is important in understanding what’s happening, but the haters on the right claim that the lack of evidence for the specific legal charge means this was a “false flag” – and that it proves something about liberals who discuss the climate of hatred.
- Over 100 bomb threats to Jewish Community Centers – which mainly serve as schools and daycare centers – are interpreted as part of an antisemitic climate and probably as a campaign to create a climate of fear among Jewish people whose children are regularly threatened. Only one person, who made 8 of the calls, has been caught, and his motive was to frame his girlfriend – so it’s not legally a hate crime. Though his choice of actions clearly reflected the antisemitic climate, and was undoubtedly a way for him to magnify the attention he received, the haters interpret this as another example of exaggeration by Jews and others who classify it with antisemitic attacks. Just a “false flag,” another example of Jews exaggerating, they say.
- When police investigating vandalism at Jewish cemeteries said they didn’t know if it was a hate crime, right-wing haters thus dismissed all discussion of the antisemitic atmosphere that clearly inspired the vandals. This dismissal goes to the highest levels of our government.
- For years, police who shoot black teenagers or other black people have been defended by people who say they are justified, and blame the victims. A lot has been written about this, I won’t try to elaborate.
"Anti-Semitism doesn’t require individuals who participate in it to hate Jews, or even to care about Jews. Anti-Semitism is a way to structure hate and violence. Once the structure is in place, anyone can participate, whether they are personally invested or not. Prejudice doesn’t require intent. You don’t have to hate Jews to commit anti-Semitic acts." (source: "GamerGate Can Teach Us About Anti-Semitic Attacks" by Noah Berlatsky, March 9, 2017.)
*Note: A “false flag” is a seeming hate crime or act of prejudice whose perpetrator in reality is not motivated by bigotry, and in some cases is said to belong to the attacked group. This hypothetical perpetrator or provacateur acts to obtain sympathy or other advantage for the group. Attacks on minority individuals or institutions (like mosques, Black churches, or Jewish cemeteries) are thus classified as random, “ordinary” crimes, and thus of no importance. The “alt right,” which is now in charge of parts of the US government, has been using the “false flag” accusation for quite a while to dismiss efforts to identify and oppose organized bigotry.