Kerckhoff Hall was vandalized with swastikas a few weeks ago,
and the targets of the act were clearly delineated in the sentence,
“Fuck Jews.”
Just one month before this, someone had vandalized UC Irvine
with swastikas as well. UC Santa Cruz also suffered swastika
vandalism this year.
Some may wonder whether it is better to ignore such incidents
and not to give perpetrators publicity. But to pay no attention is
to disregard what California and the federal government denote as
criminal acts. Vandalism is a crime against property and
additionally a hate crime.
Hate crimes are punished more severely than regular crimes under
the assumption that bias crimes inflict a larger harm to the fabric
of society than do personal crimes.
Many students and faculty members may be unaware that Congress
has decided it is important for the federal government to know the
extent of hate crimes in the United States, including those done at
colleges and universities.
But both the FBI, under the 1990 Hate Crimes Statistics Act, and
the Office of Postsecondary Education (OPE) of the U.S. Department
of Education, under the 1998 Higher Education Act, collect and
publish data about hate crimes at colleges and universities.
Though reporting to the FBI is not mandatory, UCLA and all other
colleges are required by law to report to the OPE any hate crimes
involving bodily injury.
However, consistent with California law, UCLA has adopted the
FBI’s broader definition that includes acts against property:
arson, larceny, theft, destruction, damage and vandalism.
It is the last category that covers the swastikas at UCLA, UCI
and UCSC.
Some students or faculty members may think swastikas are free
speech and therefore protected by the First Amendment. Whereas hate
by itself is not a crime, vandalism is a criminal act against
property. Vandalism is not communication and such an interpretation
therefore becomes inane.
Moreover, derogatory words directed against a member of a
protected group, although not crimes as defined by state and
federal laws, are considered hate incidents.
Hate incidents as well as hate crimes are reportable by UCLA
regulations to campus police, who operate a special hate crime
program consistent with many college campuses.
As a campus community, we have to stand together against any of
these incidents.
Beckwith is a UCLA professor emeritus in
pediatrics.