Authors Speak Out

When I am working on a novel, my mind, heart and soul get wrapped up in its world. Even though it is a fictitious world, one of my own invention, it bears a strong resemblance to reality. There has to be a certain amount of truth to it or the reader won’t buy it.

My stories are my main way of speaking out, but not my only way. Like my non-writing friends, I find it necessary to comment on what is going on around me. Sometimes, my response is immediate. Other times, I find it helps to analyze, reflect and evaluate.

This past weekend in Newport Beach, about twenty-five miles from where I live in Orange County, California, a group of high school age young adults held a party. They made a swastika out of red plastic cups, gave it the nazi salute and posted it on the Internet. The evening news ran the story and questioned whether it was a hate crime.

Since I am Jewish I find the symbol of the group that attempted to exterminate my people especially offensive and disturbing. The image of slave labor concentration camps with emaciated bodies in stacked bunks in filthy barracks comes to my mind when I see the swastika. I picture a highly skilled surgeon named Josef Mengele harvesting healthy organs from these bodies for his experiments. Soldiers wearing the symbol on their uniforms forcing these weakened people into gas chambers before dumping their bodies into mass graves or blast furnaces.

A few party goers claimed it was a joke. Where did they find humor in the construction or the salute? Did it remind them of one of the images I wrote above or of the little guy with the two finger wide mustache giving the salute they attempted to imitate?

It worries me when members of law enforcement, the court or the media refer to behavior like this as a possible hate crime. When someone damages property by painting or scratching on distasteful symbols or kills someone because he doesn’t like her religion, those are crimes: vandalism and murder. Unless the perpetrator confesses his or her malice, intent remains unknown. Justice is not served by adding on “special circumstances.” It makes more sense to give judges and juries the latitude to impose more severe penalties where they deem appropriate.

My interest in this case is what lesson has been learned. These young adults, children of one of the wealthiest neighborhoods in the country, have an opportunity to take responsibility for their actions, recognize the harm it has caused and remedy the problem. The school and community held a meeting this week to address the problem. I wonder how many of the party goers and their parents showed.

As far as I can tell, and I’m no lawyer, no crime was committed. The right to construct a swastika, as long as it is not used to incite violence, is protected under the first amendment. It is free speech. As a writer this is the most important liberty we have as a democratic society. Does this mean there should be no consequences?

No. There must be consequences. If a participant in this incident acknowledges his mistake and she seeks forgiveness, what Judaism refers to as slichot, it is incumbent on me, and I hope society as a whole, to grant it. For those less enlightened individuals who fail to comprehend the errors of their way, I hope this behavior precludes them from entering the college of their choice or finding employment with a reputable employer.