Wednesday, April 18, 2018

South African Woman Jailed for Verbal Racial Abuse

Article

      In a landmark ruling, Vicki Momberg, a white woman, was sentenced to 3 years in prison with 1 year suspended for hurling verbal racial abuse at a black police officer. This has been the first prison sentence imposed for verbal racial abuse in South Africa, as fines are the most common punishment.
     In the incident, the police officer attempted to help Vicki Momberg after her car was burglarized. In a viral video clip, she requested a white or Indian police officer, claiming that black people were "clueless" and "useless." 48 times during the rant at the police officer, she called him a "k*****r," one of the worst racial slurs in South Africa.
     Despite apartheid having been over for 25 years, racial tensions are still high in South Africa. The white minority still holds most of the wealth and racially-motivated crimes are still common.

Discussion Questions:
1. Should laws against hate speech exist, or are the principles of free speech more important to society?
2. Despite efforts, South Africa still has hostility between races. How could the government attempt to counteract this?
3. Is jail time for racism and racist actions too far, or should the punishment have instead been a fine?

23 comments:

  1. I think that if the people of South Africa voted for a law that sentences people to prison who verbally express racial abuse in their country than it is fair that there are laws against hate speech. Even after apartheid there has been much racial tension between the different races in South Africa. For example, according to Quartz article seeing many black Africans on a beach has evoked racist remarks on social media.There was one women who compared black people to monkeys and she was charged and fined for racism under South Africa’s hate speech laws.To counteract hostility between races in South Africa, the government has fined those who have gone against this law, including, just recently, sentencing Vicki Momberg to 2 years in prison. I think that the government could also create more awareness about apartheid in schools. Education is a big part of solving the issue of racial abuse. I think that imprisonment for racist actions is necessary at certain times. In this case Momberg used an offensive racial slur 48 times to a police officer which is unacceptable and against the law in the eyes of South Africa’s constitution. I think that following the law is an important thing to do because if the government doesn’t enforce laws then what protection does the constitution hold.

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  2. In this case, although the woman showed many signs of disrespect and discrimination against black people, I think she should have the right to say whatever she believes in. Laws against hate speech should not exist in South Africa, because the lack of freedom of speech should not be another censor that individuals under a government have to watch out for and live under. This case is almost "opposite", meaning that the court has sentenced a white woman to prison because of what she called a black man, instead of what a black man would have been falsely accused of because of racial discrimination. Honestly, the government can't do much to attempt to counteract hostility between races because there will always be a separation between them as long as they are forced to live together with harsh laws. I think that with laws that allow everyone to have social freedom, people can start to transition to live in harmony with other races. And on the topic of this case, jail time for racists has gone too far. Even though I strongly oppose what this woman said and implied about blacks, it still should be a right that she can say whatever she wants. It's morally unacceptable, but I think that if she has something she wishes to express, it should be legal.

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  3. I think that the woman's hate speech clearly warranted arrest and prison time. And probably more than that, as her acts had no basis, and were towards an officer helping her. Whites should not hold the majority of wealth in the country and hate speech is not freedom of speech. The racial tensions are historical and long reaching and definitely unacceptable. but if anything, blacks should be the one's hating on whites, White people have had all the privilege for the whole nation, and have no real reason to hate on blacks. But tensions are understandable due to how recent apartheid really was.

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    1. Though I am understanding of the basics of your point, I disagree with the conclusion that you reach. The actions of Vicki Momberg are clearly horrendous, and I also believe prison time was warranted in this case, but I believe that what caused this event was a more complex issue than you describe it as. While I do not believe that people of European descent should hold a disproportionate amount of land and wealth, this is largely due to how generational wealth works and because of apartheid. Policies akin to Affirmative Action could be undertaken to give Africans the same opportunities as the wealthier whites, but wealth cannot simply be taken away from white people and distributed to Africans. This would only further the racial tensions built during apartheid, and that would not be conducive to a stable society.

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    2. I wasn't planning on coming back to comment on this post, but the urge to "boi" was too much to resist. First of all, I agree with Andrew that the situation you present is far too simple and biased to accurately describe South Africa's current political environment. While blacks have historically been discriminated against in South Africa and in America, the idea that black people SHOULD hate on anyone is hypocritical and mean. Of course they deserve reparations for the injustices done upon them, but hate is always counterproductive and won't get anything changed. The argument that racial slang should be outlawed as hate speech is based on a slippery slope fallacy and leaves out a lot of incredibly relevant considerations, especially in regards to adopting the policy in the United States. It opens the discussion for a lot of different expressions that are currently protected under the First Amendment. What about other racial slurs? What about ableist language? Those terms also imply discrimination and brutal inequality. Should those be banned as well? If racial slang is hate speech and therefore illegal, can the same criteria be applied to other types of language?
      Furthermore, a lot of racial slurs are used (at least in America) in music and, in the case of n****, by people of that race. What are we going to do about that music if that kind of language is outlawed in America? What is South Africa's policy on it too? We need to consider what needs to happen to all the existing music, literature, and other works of art consisting of the term. Should they be revoked too? And who can use it? Are we going to deny people who have experienced discrimination the chance to express themselves in this historically significant word in music or other media? Censorship just opens up a whole new set of problems and considerations, so while racist language ideally should be banned, it's incredibly unrealistic given the implications.

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  4. I do think that verbally abusing someone because of their race is cruel and should not be promoted. An article with statistics about bullying in a school states that 25% of the school students who get bullied are African Americans (http://www.pacer.org/bullying/resources/stats.asp). The majority of the hate is directed towards African Americans and I think that we need to change because of its negative affects that are directed towards the victims. However, I don't think that enacting laws against hate speech is reasonable because, of the billions of people in the world, there are so many people who verbally abuse other races and it would be really hard to catch everyone in the act because of the great quantity of people. If we did have laws regarding hate speech, I think that fines are a more feasible option rather than jail time because there are only so many jail cells. We all also have freedom of speech, so would that be gone if we enacted these laws? Regarding the hostility South Africa has towards other races, I think that they're not at fault; it's the other way around. The African Americans are the victims and I think that people just need to understand that everybody is equal; no race is higher or lower, better or worse, than any other race and people who have more privileges should think from the perspective of others in order to create empathy.

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  5. I believe that laws against hate speech should exist, since people often misuse and abuse words that have hundreds of years of history and pain and torture behind them. Although I do believe in free speech, verbal insults that target one's race is intolerable and one should never use words to put someone down. The South African government could attempt to counteract this by educating children in schools and motivating them to form connections and friendships between different when they are young so that it will be imprinted on their minds. The government could also impose fines upon people who violate a law that prohibits one from using language to target the race of someone. I think that jails should be reserved for more serious crimes, such as murderers and other criminals that should be kept behind bars, confined so that they will not harm other humans.

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  6. Hate speech in south Africa is something that I as an american can't really speak about too well, not because of a lack of familiarity with the issue, but because it challenges the goal of what South Africa wants to be. As someone who enjoys american ideals and the freedom it gives me it isn't up to me to decide whether or not a country can punish citizens for hate speech. Obviously there is a line as you can't have citizens openly allowed to talk about treason and other similar things, but in terms of where that line extends to beyond that I am not allowed to define. I think the government needs to come in and educate people the best they can, but they can't force people beyond exposure, and it's something that while it might need to be changed now, the only effective way to change it is over time. I think jail time for a racist action is justified, but not racism. Racism itself borders on the free speech topic which I personally (despite the fact that I also think my opinion on free speech in south Africa is invalid) think should be allowed, but racist actions are an obvious breach of the law, and if south Africa ever hopes to end racism, actions for racist reasons must stop.

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  7. I believe that the principle of free speech is a very valuable privilege, and should be allowed even in situations such as this. Unfortunately, racism and the usage of racial slurs are prominent even in relatively peaceful areas, caused by the numerous differences between every unique race. There is little the government can do to prevent this other than to allow the different sides to slowly mingle and connect with one another, and come to terms with living together. Normally, I would consider 3 years in jail too harsh for saying hate speech, but in this special case, the woman was very degrading, trying to provoke the officer in multiple instances, and had no respect at all for the human being in front of her. I believe that the jail time was fair, but as the article stated, most smaller problems ended with a fine. However, usually fines will not be able to cure any problem, as it does not teach the person a real lesson.

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  8. I think people should have freedom of speech because people should have the freedom to express their opinions. However, people should not use this freedom to increase racism and hate. I do not think there should be limitations though because words do not physically harm people. If people are being racist, others can choose not to listen. The government can try to increase the diversity of races in the government, so people can see that other races are not less than white people. The government can try to give more opportunities to other races, so people will be more used to the idea of different kids of people being leaders. I think 3 years of jail is a harsh punishment. The jail time could have been less. Or they could have fined her a lot of money.

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  9. Considering the racial tensions still present in South Africa, I believe that the punishment this women received was fair. Using a derogatory term 48 times in a rant is not okay, at all. Maybe 3 years is a bit much, but I think the women definitely deserved something coming her way. If punishment does not follow the use of such words, people will likely not learn to stop abusing these words. While everyone is entitled to their opinions, this is taking it farther than it should be taken. Yes, freedom of speech is a human right (I believe), but using freedom of speech in such a way is abusing that right.

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  10. Though I believe this woman is a terrible person, I think three years of jail time is too severe of a punishment. I support fines because I think they do more good. For example, the article mentioned a woman who was fined almost $10k, but this money was given to a charity. Punishments like these can help the society.
    Also, I don't think laws against hate speech are they way to improve race relations in South America. Education of the young and encouraging people of different races to interact with each other would be the best way to solve this problem.

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  11. I believe that the sentence was fair. Fines can only go so far, and if real justice wants to be reached, punishments like this need to be enforced more often. Especially if whites still hold the majority of wealth in South Africa. Not to mention she hurled the racial slur at him not once, but 48 times. Since South Africa has had a long history involving racism & fighting for equality, punishments like these are crucial if real change wants to be seen. It will show that racism isn't tolerated & it could help South Africa on its way towards equality & justice, but only through strong actions that make a huge statement to all of South Africa.

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  12. I find it disturbing that this adult woman felt the need to verbally attack a black police officer who was trying to assist her after her car had been burglarized. That is an example of blind hatred, of racism. While I think a three year prison sentence is little extensive, she definitely needs to face consequences, especially after berating an officer. While free speech is definitely important, I understand more severe consequences like fines or jail time so I think that could be a viable option. Because she verbally assaulted an officer I do understand why jail would appropriate, but maybe something less than three years. In order to deal with this sort of thing in the future, I think the government should combat hate-speech with reasonable but strict punishments and especially look into punishing the online publication and usage of such harmful words.

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  13. This issue of hate crimes and specifically verbal abuse is happening, more and more. People who commit crimes like these should undeniably be given a harsh sentence. In this case Ms. Momberg who tossed around the derogatory term k*****r which is equivalent to n****r, Ms. Momberg should not be sentenced to 3 years but extended to life, and she must take a class on derogatory terms, this because she tosses the word 48 times, this class would explain why it is not appropriate in our society to use such language. The laws on hate crime should be treated as severe as assault. According to The Washington Post, "more hate crimes were carried out in the United States last year, with an uptick in incidents motivated by bias against nationality." This increase in hate crimes is intolerable, as a community we must educate the uneducated and teach them that only together can we stop racism.

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  14. I think that jail time is a reasonable consequence of racist actions like beating or exclusion. Verbal assault is a lighter offense, so I think that it should be just a fine. Since South Africa is such a racist country, drastic measures like jail time and fines for being racist is a necessity. It could get rid of tensions, making it easier to create communities and government projects involving community. Laws against hate speech should exist, but still have a large amount of freedom regarding what people can say. For example, one should be able to create gatherings to protest against things that they think is inadequate, but they should not be putting others under the bus just because of their skin color. It is judgmental and outright childish.

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  15. I believe free speech is very important to a society as it is a necessary right of the people. However, the racist speech let out by Momberg is overboard and the jail time is justified. Some people do not understand or/and are uneducated about derogatory terms. They can offend many people and should not be used. The hostility in South Africa can only be slightly counteracted by the government not creating any racial laws. But I think that the racial tension that still exists in South Africa, not excluding the rest of the world, is mostly due to people thinking they are superior to other races and disgust towards one another. That mindset should be discarded.

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  16. Like Janet said, free speech is integral to the function of a society. However, one of the largest issue we struggle with today, something the lens of the internet has helped focus, is how to find the line between speech that is free, and speech that is hateful. A recent case in the UK resulted in a comedian receiving a massive fine for some jokes in poor taste, though he was facing jail time as well. I don't thik jail time can ever be the right response to speech, but for actions, its perfectly justified.

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  17. I find this women to be disgusting to use such horrible language to a police man who was just trying to assist her. Many of these negative words are being directed towards African Americans. I personally think that the freedom of speech is very important for us but there should be restrictions. The use of n word or other racist words should be limited. K*****r is equivalent to the n word which is also very disrespectful. Therefore, the freedom of speech should still be a part but with restrictions. The government should bring more awareness to what is happening in the surrounding. Like what Emi said, education plays an important role. People should get educated with this subject, therefore, lessening the discrimination. If just hearing that someone is sentenced to jail for 3 years just for speech hate, I would think it is too harsh, however, what the woman said and the details listed, this punishment is fair.

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  18. It's a blurry line when it comes to hate speech and free speech, and it's an issue that'll be hotly debated until we live in some post-apocalyptic future where you get shot into space for speaking out against your totalitarian government. That being said, that woman is an absolute _________ (I'm not saying it because I want a good grade on this comment), but three years seems pretty excessive. Like maybe some time in jail and community service or a couple of fines would probably do it, but three years is pretty severe. That being said she's still an awful person. As for the first question, I deeply value freedom of speech, and I think that the way we as people respond to it is just as important as how it's treated legally. If someone is an idiot, what they're saying will dismantle itself, that's just how logic works. But imposing laws on hate speech, I feel is a dangerous prospect, as word crimes are extremely malleable, and will always be decisive in how they are received and treated, and trying to solidify a law for them would be extremely difficult. Because what truly classifies as hate speech? Trying to put a direct label on something as abstract as how people construct their sentences is tricky, and will ultimately lead to disgruntled attitudes around it.. Like any number of rights we're given as US citizens, freedom of speech can be misused, but I don't think it's the right of the larger government to decide what exactly that misuse is.

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  19. Though Freedom of speech is an important right, I think that some exceptions could be made. For example, in this situation. I believe freedom of speech is a privilege, and that people should know when to draw the line so they are not abusing it. Using it to be cruel and offensive and racist is not justified, and could be a possible exception to the right. As we have learned recently in class, Black people in South Africa have faced much oppression and have suffered greatly in their struggle for freedom. They should not have to face racism anymore, and should be treated equally as an equal member of society. It isn’t always easy to change people’s opinions, but perhaps further educating people on South Africa about the anti-apartheid movement that took place, and the hardships coloured people had to endure could allow people to at least understand the position of coloureds, and understand where they are coming from.

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  20. I think in situations like this, the government needs to enforce laws against hate speech. If was completely wrong for this woman to verbally abuse the police officer she interacted with. For someone to have the nerve to bring up a racial slur for a horrible situation in time is very wrong. Even after 25 years of apartheid having ended, affects of the time still show. Actions like this are what are preventing the people of South Africa from moving on. Personally, I think that the history of the country and troubles is has faced should be the driving factors for creating laws and regulations. In this case, apartheid was time deeply rooted in the history of South Africa and it needs to be handled accordingly. Even though other countries have and even promote freedom of speech, sensitive topics need to be left out. This would be one for South Africa. If the country is able to implement a system preventing people from saying racial slurs and give them punishment based on the words they speak, tension between racial groups would reduce rapidly.

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  21. I am a strong believer in the freedom of speech, even hate speech. We all should have a right to what we want to say, we all have a right to express ourselves. Everything you say will affect someone in a bad way. Last year I posted on my Instagram: "I hate Aragon" and Ms. Perino immediately asked me if I was serious about being in Leadership because my words hurt her. I think people just need to accept that life isn't sunshine and rainbows!!! You will encounter mean people with opinions that aren't the same as yours. You can't put a limit on someone's opinion just because it makes you sad. It shouldn't matter how bad that makes you feel.

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