On the Existence of the Ku Klux Klan
The United States government should not shut down the Ku Klux Klan. Doing so would be unconstitutional. While there is no question that the group's beliefs frighten and anger many other people, they still have the right to free speech and free thought. Of course, members of the KKK should be prosecuted for violent crimes and any other illegal activities they partake in. In fact, in 1871, a law was passed to ensure that the KKK did not undermine U.S. laws. In any case, the government is unable to disband the KKK because doing so would be based only on an opinion, not any legal reason.
Most people who believe the KKK should be shut down will say that the government cannot allow an institution based on prejudice and racism to exist. The First Amendment to the United States Constitution, however, protects the right to free speech: “Congress shall make no law... abridging the freedom of speech... or the right of the people peaceably to assemble.” Thus, any U.S. citizen, including a member of the KKK, may voice his or her beliefs. Furthermore, the clause “or the right of the people peaceably to assemble” means that the KKK is allowed to meet and exist as long as they don't commit any acts of violence.
The 1871 “Ku Klux Klan Act” took action against the KKK's subversive behaviors. It levies a fine of between five hundred and five thousand dollars against anyone who conspires to “stop the execution of any law of the United States,” “prevent any person holding a position under the United States government from carrying out his job,” or “deprive any person or any group of people of the equal protection of the laws.” All of those are tactics that the KKK used to prevent their members from the law. They intimidated state governors and African-Americans. They planted biased jurors. The Act outlawed those practices.
Now we have come to the meat of the issue. The general public believes that the KKK is bad. There is no legal basis for this argument, because although the members of the KKK sometimes act outside of the law, the higher levels of the organization have denounced such practices. Regardless, the government should still disband the KKK, right? No. If the government makes decisions based solely on the general opinion of the public, the legal system will fall apart. Today, the people despise the KKK's hate-mongering. Disband them! Tomorrow, the people may blame the Jews for all the problems in this country. Outlaw Judaism! The next day, the people might decide they dislike the Poles. Deport them! The government obviously cannot act on such subjective judgments. If it does, the legal system built to protect minority groups will no longer do so. The favor of the public is not the deciding factor in the question of a group's legality. Laws are already established—in the Bill of Rights, nonetheless—that protect the existence of the KKK, just as they protect the right of Jews to practice their religion. Opinion cannot supercede reasonable law.
While it is clear that some KKK members behave violently, but additional laws are already in place to make sure these people don't escape existing laws. There is no legal basis for disbanding the KKK; the only reason is public opinion, which is not enough. The KKK is, without doubt, an organization that opposes the principles of America, but it is because of those very principles that it must be allowed to exist.
The above essay Copyright 2007 "Bergs" (real name undisclosed here). May not be reproduced without permission of author.
