It’s a vital distinction in modern law, but it isn’t defined in any legal textbook or taught in any law school. It doesn’t need to be. If you’re a good person, you’ll understand and apply the distinction without being taught or told.
What is it? It’s the vital distinction between two categories of offense: a very serious category that we can call thought-crime, and a minor category that we can call flesh-crime. Murder, rape, and assault are flesh-crimes. They matter little and don’t threaten our vibrant democracy. Racism, anti-Semitism, and transphobia are thought-crimes. (more…)