I’m cooling my heels in the SFO airport with a big cup of Peet’s coffee, but will be in Chicago this evening. I hope my ducks are there when I return tomorrow.
According to Vice (and other sources), Jason Kessler, the guy who organized the white supremacist “Unite the Right” Rally in Charlottesville—a rally in which he blamed the car-attack death of Heather Heyer on the police, for crying out loud—held a press conference immediately after the rally. But Kessler’s address didn’t last very long. Right after beginning his “conference,” Kessler was rushed by the chanting crowd and then one guy, shown wearing a red checked shirt in the video below, punched Kessler. You can see the punch about two seconds into the video.
Well, this is assault, and the assailant, one Jeffrey Winder, was arrested, tried, and convicted, but apparently the ideology of the punchee Kessler mattered in determining his punishment. As Vice notes:
That protestor, Jeffrey Winder, was later charged and convicted for assault and battery, facing a $2,500 fine and a year in jail for clocking Kessler. But on Tuesday, a jury decided that his punishment for punching a neo-Nazi would only amount to a paltry $1 fine, local NBC affiliate WVIR reports.
Thus the Vice headline (click on screenshot to read article):
My own view is that although Kessler is a reprehensible human, his politics shouldn’t enter into the punishment of his assailant. For if that happens, it reduces the deterrent to physically attacking anyone who espouses generally despised sentiments, and in fact encourages such assaults. Just as freedom of speech guarantees a lack of government censorship of reprehensible speech, and the spirit of the First Amendment encourages us to avoid disrupting speakers like those invited to universities, so the same principle should encourage equal treatment of those who disrupt or assault speakers—regardless of what the speaker says.
In my view, Winder’s punishment should therefore be something close to the average for people who assault and punch someone they don’t know. (I suppose the degree of physical damage or pain inflicted should also matter.) Clearly, the jury decided otherwise, sending a message that it’s pretty much okay to punch some people as opposed to others. (I guess in Virginia the jury is allowed to levy the sentence.)
Vice’s report on the sentencing concludes with this:
Tuesday’s sentencing was just another big L for Kessler, who staged a second Unite the Right rally in DC last month that basically no one showed up to. Since then, he’s busied himself by rattling off anti-semitic screeds online, only to have his dad yell at him in the middle of a recent livestream. According to the 34-year-old’s dad, his son is currently living off and on with his grandmother, a housing situation Kessler has blamed on all the lawsuits he’s dealing with.
And while punching anyone in the face, regardless of how offensive their views are, might be deemed morally reprehensible, we now at least have a better judgement of just how much that kind of behavior could cost—less than a cup of coffee.
Maybe it’s me, but that last paragraph almost sounds as if Vice is excusing Kessler’s assailant, or at least the crime of punching someone whose views are socially abhorrent.
Now I don’t know if Kessler can even be classified as a Nazi, but he’s clearly someone whose views will offend any right-thinking person.(By “right”, of course, I mean “correct”, not “conservative.”) But even white supremacists and anti-Semites deserve equal treatment under the law. In this case, Kessler clearly didn’t get it.
I would hope that most readers agree with me here, but feel free to weigh in below.







