What Makes a Crime a Hate Crime?

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iStock

Crimes are classified in a few different ways. There are the types of crimes you often see in news headlines, like theft, robbery, assault, and murder. Then there are hate crimes, which are appended to other charges and carry greater penalties.

But what qualifies a crime specifically as a hate crime?

Hate crime cases hinge on motivation: Was the crime motivated by a bias against the victim’s race, religion, sexual orientation, or other protected aspects of their identity? Hate crime laws are usually designed to go hand-in-hand with the actual offense the person is charged with, such as assault or murder, putting greater severity on the crime due to its hateful motivations. For example, it’s not illegal to randomly spew racial epithets—but if you go so far as to punch someone because of your racial bias, the crime becomes much more serious in the eyes of the law.

Furthermore, because hate crimes are dependent on the perpetrator’s intentions, the victim doesn’t actually have to be a member of the protected class the perp thought he or she was attacking to be covered under hate crime laws. If someone attacks you because they think you’re Jewish, but you’re actually an agnostic Catholic, it’s still a hate crime. In other words: Being wrong about who to target is not a legal excuse for bigotry.

If the activities labeled hate crimes, like robbery and assault, are already crimes, why do we need more laws saying those crimes are wrong?

Hate crimes are motivated more by how a person is perceived than any of that person’s words or actions, making such crimes particularly terrifying for both the victim and the community at large. According to the Offices of the United States Attorneys:

"The fact that the victims of such crimes are selected based on characteristics such as their race or religion can cause all those in the community who share that characteristic to experience similar feelings of vulnerability and secondary victimization. In its impact on the community, the fear of becoming a victim of violence can be nearly as debilitating as suffering through an actual crime.

The message of intolerance that is communicated through a hate crime can have broadly disruptive social effects as well, and can lead to greater distrust of law enforcement or friction between racial or religious communities.”

State hate crime laws cover different classes of people in addition to those protected by federal legislation like the Civil Rights Act of 1968. Only five states do not have hate crime laws on the books. Many cover crimes perpetrated with bias concerning disabilities, sexual orientation, and gender. Some protect against biases regarding transgender individuals and gender identity, age, and even political affiliation.

Being able to classify something as a federal hate crime helps agencies like the FBI step in where state and local authorities either cannot or will not prosecute, as well as provide grants to assist local police in pursuing the case. For instance, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009 expanded federal hate crime statutes to include crimes motivated by a victim’s gender, sexual orientation, and disability status as well as expanding the FBI’s ability to investigate hate crimes.

Matthew Shepard, a gay college student, was beaten, tortured, and left to die in 1998, but because sexual orientation wasn’t yet a federally protected class, the Department of Justice was unable to help the Laramie, Wyoming, police work the case, and pursuing justice ended up being so costly that the police department had to furlough five of its officers to stay afloat.

James Byrd Jr. was an African-American man living in Texas who was dragged to death behind a pickup truck in 1998. Although Texas did have hate crime laws on the books, they were deemed too vague to be enforceable.

However, hate crime laws are controversial in some circles. Some free speech advocates worry that hate crime laws could be wielded to punish freedom of speech, but these laws generally only cover criminal action, not hate speech. In 2004, the Georgia Supreme Court struck down the state’s hate crimes law, arguing that its language was too broad because it didn’t specify the groups that were protected under the statute. It covered all victims chosen because of general “bias or prejudice.” In May 2017, Texas broadened its hate crime laws to include police officers as a protected group, following a 2016 ambush on police that left six Dallas officers dead—though the state is also covered by all federal hate crime statutes.

The federal government’s hate crimes laws have been ruled legally sound. The legality of increasing punishment based on a person’s beliefs was affirmed in a 1993 U.S. Supreme Court case called Wisconsin v. Mitchell. Lawyers for a young black man who incited an attack on a young white man because of his race argued that the five extra years tacked on to his sentence for committing a hate crime violated his First and 14th Amendment rights, but the Supreme Court disagreed, upholding the greater penalties awarded in hate crimes.

But if hate crime statutes are in part due to how the offenses disrupt the greater community, is a terrorist attack a hate crime?

A terrorist attack isn’t always a hate crime, but it can be. The FBI defines terrorism as a violent act that’s designed to intimidate the civilian population or influence government policy, including through mass destruction, assassination, or kidnapping. For example, in the summer of 2016, the FBI classified the deadly mass shooting at Orlando's Pulse nightclub as both an act of terrorism and a hate crime, saying that the shooter was motivated by anti-gay bias and because he had asserted that his actions were revenge for American airstrikes in the Middle East.

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What's the Difference Between Mold and Mildew?

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iStock.com/AndreasReh

We’re all familiar with colorful spots of something growing in our showers and in other dark, damp areas in our homes, but you may not know what to call it. Is it mold, or is it mildew? What is the difference between the two, anyway?

Both terms refer to fungus, but as it happens, it’s a squares-versus-rectangles situation. Mildew is a type of mold. The term typically describes fungi that grows flat, on surfaces like the walls of your shower or window sills. There are also several types of mildew that are specific to plants—powdery mildew and downy mildew are parasites that grow on certain trees, flowers, and crops, for example. While mold might be a colorful green or black, mildew is typically white.

The word mildew originally came from honeydew, a term for sticky secretions aphids and other insects leave on plants, which people used to think came from the sky, like dew. Eventually, the word came to refer to the mold caused by the fungi that fed on these secretions.

Leaves covered in white powder
Powdery mildew on maple leaves
iStock.com/kazakovmaksim

Most of the household growths we refer to as mold belong to just a few families of fungi species. According to the CDC, the most common indoor molds are Cladosporium, Penicillium, Aspergillus, and Alternaria. Household molds can be a variety of colors, from orange-brown to green to gray to black. (Note that not all mold that is black in color is the more toxic species we call “black mold,” or Stachybotrys.) In contrast to the powdery texture of mildew, molds are typically fuzzy or slimy.

In nature, mold can play an important role in the ecosystem, breaking down dead plants and leaves. In your house, those decomposition abilities aren’t quite so welcome. Mold spores fly through the air, and when they land in moist places, they start to grow—whether that’s on food, your ceiling, paper products, wood, carpet, leather, or elsewhere around your house—and in the process, destroy whatever they're growing on. Unlike mildew, most molds grow down into the surface of its habitat, making them more difficult to remove. In porous materials, mold grows into all the empty crevices, which is why it is often impossible to remove all the mold from ceiling tiles (or soft foods like bread).

Mold growing under a windowsill and near the carpet of a home
Mold growing in a Nashville home following a flood
Martin Grube, FEMA // Public Domain

Getting rid of the unsightly growth in your damp bathroom is more than just a matter of aesthetics. Indoor mold can cause allergic reactions, such as a stuffy nose or itchy eyes, and can lead to infections for people with compromised immune systems. Some people are more sensitive to mold than others, and may experience more symptoms when exposed to it. Generally speaking, though, mold spores are everywhere, so you’re never going to live a totally mold-free life. Spores will come into your home through windows, doorways, ventilation and climate control systems, and via your clothing, shoes, and pets.

But there’s only one way to effectively inhibit mold growth at home: Get rid of the moisture. That means fixing leaks, getting better ventilation, and possibly running a dehumidifier, according to the CDC’s recommendations on mold.

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What Happens to Films Selected for Preservation by the Library of Congress?

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iStock

On Wednesday morning, the Library of Congress announced its latest slate of movies selected for permanent safekeeping in the National Film Registry. As always, the picks varied widely. The National Film Registry’s class of 2018 includes Cinderella (1950), My Fair Lady (1964), Jurassic Park (1993), The Shining (1980), Smoke Signals (1998), and the animated short Hair Piece: A Film for Nappy-Headed People (1984), which was produced by Ayoka Chenzira, one of the first black female animators.

Originally established in 1988, the National Film Preservation Act tasks the board with selecting American films that are “culturally, historically, or aesthetically" significant. They can pick up to 25 per year, and the movies must be at least 10 years old. The National Film Preservation Board is made up of representatives from a number of industry organizations, including the Academy of Motion Picture Arts and Sciences, the Directors Guild of America, and the National Society of Film Critics. With the new selections, there are 750 films in the registry.

Selection for the registry is an honor, of course, but what does it mean beyond that? How does the Library of Congress, the U.S. legislature’s storage agency for documents and media, go about preserving movies?

According to Steve Leggett, program coordinator for the National Film Preservation Board, selection implores the Library of Congress to get the best possible copy of the film in its original format and store it in their vaults at the National Audio-Visual Conservation Center in Culpeper, Virginia. This ensures the film will be available to future generations.

For Hollywood movies, the process is usually pretty easy. “We simply ask the studio to donate a copy,” Leggett told Mental Floss in 2015. In some cases, that isn’t even necessary. The Library of Congress has more than 1 million films on file, many of them sent by studios or filmmakers for the sake of copyright registry. When the original Star Wars was selected in 1989, Leggett says, congressional librarians simply checked that the 35 millimeter print submitted with Lucasfilm’s copyright application was in good shape. It was, so no further action was needed.

For older and more esoteric selections like newsreels, silent films, documentaries, and early technical achievements in filmmaking, Leggett says the library often seeks out a copy from the community of preservationists. Universities, private foundations, and hobbyists that preserve old films might get a call from the Library of Congress if they have a good copy of a National Film Registry selection. In rare cases, the library will barter for the film, using redundant materials on its shelves. Other times, it will make a copy or pay the archivist to make a new 35 millimeter copy for them. The Culpeper facility stores nitrate prints, the original film stock for many early movies, in specialty lockers because the material is highly volatile and flammable.

Silent films can be tricky because studios often released, revised, and then re-released versions of the film. When one is selected, Library of Congress archivists collect as many aspects and versions of the film as they can, which might mean contacting several studios and archivists.

Of particular challenge in 2015 was the induction of Symbiopsychotaxiplasm: Take One, William Greaves’s quasi-documentary of his 1968 theatrical project staged in Central Park. The film was screened often through the years, as Greaves gained a cult following. It was released on DVD in 2006, but the National Film Preservation Act specified that the library should seek a copy in the original format, which it didn’t have. Leggett said Greaves’s 1968 original cut was “lost,” but the library worked with the late filmmaker's estate to create a new 35 millimeter version that resembled it.

The Audio-Visual Conservation Center itself, buried on a mountainside, has storage space controlled to stay cool and dry. “A film could survive for hundreds of years there,” Leggett says. He admits the audiovisual center wouldn’t survive a nuclear strike—in the event of World War III, the world might lose its best copy of Buster Keaton’s The General—“but it did survive an earthquake with all materials intact.”

An earlier version of this article ran in 2015.

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