Weekend Reading on Student Protests

A short reading list this weekend:

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Straight to Court: The Case for Private Prosecutions

If there is one issue that has marked American society in the last year, it has been a lack of accountability for violence against people of color – especially by law enforcement. Men like Michael Brown, John Crawford III, and Eric Garner all died at the hands of police officers who were never even indicted, let alone tried and found guilty in a court of law. The rampant impunity that negligent police officers enjoy has been the rallying point for many protests and demonstrations since last summer.

The process from investigation to indictment to trial is usually not one that favors the alleged perpetrator, but mounting evidence shows that the system protects its own as multiple police officers escape accountability for actions both minor and egregious. In the United States, if anyone commits a crime, it is up to the state to hold them accountable – even if agents of the state are the ones who stand accused. This is part of a long tradition in which crimes are seen not only as crimes against a particular victim, but against the state and society itself. State prosecutors punish suspected criminals by defending the rule of law that binds our society together, not by merely seeking justice on behalf of victims.

This is one of the ideals on which our justice system rests, but in practice this turns out to be a legal version of “#AllLivesMatter” as the victim all but disappears in cases labeled “State v. Defendant,” leaving the quest for justice in the hands of a state attorney. These public prosecutors don’t always dole out justice evenly, however, and throughout history minority victims have faced huge obstacles in gaining any modicum of justice. Recently, in police killing after controversial police killing, news cameras have awaited announcements from county prosecutors and state attorneys who have decided not to file charges. More often than not, the state has failed to hold itself accountable.

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Black Lives Matter demonstrators in NYC last November.

This is not surprising. On top of the racial disparities of the Unites States criminal justice system, the fact is that prosecutors work alongside police departments on a regular basis, and as such we should not expect them to suddenly be willing to crack down on police violence. Prosecutors have tremendous power at the early stages of an investigation if they want an indictment, but recent history shows that this isn’t always the goal. St. Louis County Prosecuting Attorney Bob McCullough showed as much when he shepherded Darren Wilson’s case into non-existence and then reprimanded the media and demonstrators rather than make any attempt to discipline a police force responsible for preying on the residents of Ferguson.

Even in the rare instance that prosecutors do indict police officers, they face incredible obstacles and costs. When District Attorney Kari Brandenburg first began considering handing down indictments for two police officers for shooting and killing a homeless man in Albuquerque, police began investigating her for allegedly bribing witnesses related to an incident involving her son in an attempt to “destroy [her] career.” Later, when Brandenburg finally did issue the indictments, she immediately paid for it. The next day, when a prosecutor from her office went to investigate a different, unrelated murder, police denied her entry to the scene, citing a “conflict of interest.” Such blatant intimidation and brazen attempts to deny victims justice is only possible because police have so much power in American society and the U.S. criminal justice system.

In the face of such obstacles, we should expect most prosecutors to default to supporting police departments, regardless of the evidence or public opinion. Mass demonstrations, civil disobedience, petitions, speeches, and even a direct line to City Hall have failed to change the course of police impunity in New York as well as Ferguson. Very rarely are indictments handed down for police officers who kill people in the line of duty, and even more rarely are they found guilty.

In the absence of criminal indictments, the families of victims have tried to seek some semblance of justice in civil court.  Just in the last year, the relatives of Michael Brown, Tamir Rice, John Crawford III, Eric Garner, Ezell Ford, and many others have filed or considered filing civil suits or wrongful death claims against those responsible for their loved ones’ murders. However, while these lawsuits may win the families of victims some compensation for their loss, there is little done to actually hold their killers to account.

Protesters in Union Square this April.

Protesters in Union Square this April.

When civil suits are filed against police officers for excessive force or other forms of misconduct, the police officers themselves seldom pay. The penalty often doesn’t even come from the police department at all, but rather from the city’s municipal coffers. The Baltimore Sun released an investigative piece last September – spread widely in the aftermath of Freddie Gray’s murder in Baltimore this spring – that found that over one hundred people have won court settlements against the city’s police department in the last four years alone (this represents only one third of the 317 lawsuits filed against Baltimore police in the same time period). The city spent $5.7 million in pay outs in addition to $5.8 million in legal costs defending officers.

Little to none of this money comes from the police officers in question, however. According to the Baltimore Sun investigation, “an agreement between the city and police union guarantees that taxpayers will pay court damages” in cases in which officers were following department guidelines on the use of force, and “in such settlements, the city and the officers involved do not acknowledge any wrongdoing.” There is some degree of restitution, but no accountability and no incentive for police officers to change their behavior. From the police officers’ standpoint, even when found guilty, nothing changes.

Most recently, the City of New York reached a $5.9 million settlement with the family of Eric Garner in order to avoid a civil lawsuit. However, this money won’t come from the police department, and as a result will not give any disincentive to the NYPD – even though the officer who killed Garner, Daniel Pantaleo, did so using a chokehold maneuver banned by the department. Pantaleo remains unindicted and at his desk job, and other officers are well aware that there is no punishment for breaking the rules and killing unarmed civilians.

In a study [pdf] of such lawsuits across the country, legal scholar Joanna C. Schwartz found that “between 2006 and 2011, in forty-four of the seventy largest law enforcement agencies across the country, officers paid just .02% of the dollars awarded to plaintiffs in police misconduct suits. In thirty-seven small and mid-sized law enforcement agencies, officers never contributed to settlements or judgments.” In a summary of her findings, Schwartz states that during this five year time span:

Governments paid approximately 99.98% of the dollars that plaintiffs recovered in lawsuits alleging civil rights violations by law enforcement. Law enforcement officers in my study never satisfied a punitive damages award entered against them and almost never contributed anything to settlements or judgments— even when indemnification was prohibited by law or policy, and even when officers were disciplined, terminated, or prosecuted for their conduct.

With such protections in place, filing civil suits against police officers only hurts the cities that employ them. While there is hope that such actions would encourage cities to discipline such officers and do more due diligence in police training, hiring, and other responsibilities, this isn’t always the case. In Baltimore, while some officers were forced to resign, many kept their jobs even after being found liable in court because the department’s internal investigation cleared them. Even the state judicial system was secondary to the police departments’ own institutions – this reinforces the idea that police are above the law in nearly every possible way.

If public prosecutors won’t indict officers, and city governments shield them from the costs of civil suits, how can they be held accountable?

In the case of Tamir Rice, the twelve-year-old boy shot in Cleveland for carrying a toy gun in a park, there may be an answer.  In early June, more than six months after Rice was killed by Officer Tim Loehmann, the Cuyahoga County Sherrif’s Department concluded its investigation and handed over its findings to county prosecutor Timothy J. McGinty, who will present the findings to a grand jury to determine whether or not to proceed with indictments.

While everyone else is awaiting the grand jury’s decision, community leaders and activists in Cleveland have taken the initiative and asked a judge to issue an arrest warrant. By doing this, these community leaders are trying to circumvent the process that we have all seen unravel in the cases of other victims of police violence, from Staten Island to Ferguson. According to the New York Times, “Ohio law allows anyone with ‘knowledge of the facts’ to file a court affidavit and ask a judge to issue an arrest warrant. If approved, the arrest would be followed by a public hearing, and community members said that was preferable to allowing prosecutors to make the decision in secret.”

This attempt to secure a private prosecution rather than one through the state prosecutor’s offices may allow Rice’s family to have more control over the indictment, and may force Officer Loehmann to actually face accountability – or at least public scrutiny. If the tactic yields any success at all, it will be an important step towards attaining justice and give hope to those struggling to end police impunity.

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Such private prosecutions are incredibly rare in the United States, but they can be found in other parts of the world. In fact, private prosecutions have played a critical role in modern history as the foundations on which the emerging international justice movement has been built. In her book The Justice Cascade, political scientist Kathryn Sikkink points to human rights prosecutions in Greece, Portugal, and Argentina as beginning the shift towards individual accountability for serious state crimes like torture – a shift we continue to see today on the international stage.

In Greece, the first human rights prosecutions were held after the right-wing government was replaced in 1974. Just a month after the transition, Alexandros Lykourezos, a Greek lawyer who had returned from exile, initiated private prosecutions against military government leaders for treason for overthrowing the democratic government seven years prior. He was followed by others who filed charges against officials for torture and for the murder of students in the Athens Polytechnic uprising. According to Sikkink, “the private prosecutions both forced the government’s hand and relieved it of the burden of having to initiate prosecutions itself.” This brought about justice even in the face of government officials who did not want to focus on accountability for their predecessors.

Soon after, Argentina tried the leaders of the right-wing government that had tortured, murdered, and disappeared thousands of leftists and alleged communists in its Dirty War. Just two years after the junta stepped down in 1983, President Raúl Alfonsín’s government prosecuted several junta leaders. But it was everyday citizens and their use of private prosecutions that charged almost three hundred military officers for their actions during the authoritarian years.

When the expansion of accountability led to the attempted Easter Coup in 1987, Alfonsín issued amnesties for members of the junta to satisfy powerful criminals and prevent a return to the dark years of military rule. The strength of the military had forced the government to step back through its use of force and intimidation. Years later, however, the citizens of Argentina grew tired of impunity and once again used private prosecutions to find ways to hold torturers and murderers accountable.

Photos of those disappeared by the military junta commemorate the Dirty War in Argentina. (Photo by Pablo Flores, via Flickr)

Photos of those disappeared by the military junta commemorate the Dirty War in Argentina. (Photo by Pablo Flores, via Flickr)

Led by the Madres de Plaza de Mayo, an association of mothers and grandmothers whose children had been kidnapped and disappeared by the military junta, civilians began to push for true accountability in Argentina. In addition to torture and murder, there were many cases in which murdered communists lost their children, who were given away to military families to be raised away from “subversive” influence. The mothers’ association argued that the guilty military officials had never been charged with abducting children, and as a result had never been granted amnesty for such acts. After a decade of state-sanctioned impunity, the authoritarian leaders were back in the dock thanks not to the government’s prosecutors but to citizens determined to see justice carried out.

In these countries, as in Cleveland, private prosecutions served as a channel through which victims can seek not only compensation for their loss but true justice in the courtroom. As Sikkink states, “in a judicial system with strong private prosecution provisions, like that in Argentina, victims can insist that a prosecution continue, even when the state prosecutor would like it dropped.” In Cleveland, the Reverend Jawanza K. Colvin, a pastor and one of the community leaders bringing forth the charges, stated that “as citizens we are taking this matter and the matter of justice into our hands.” Walter Madison, a lawyer for Tamir Rice’s family, explained that “here we are taking some control of the process as citizens.” This is a democratic effort to do what democratically elected governments cannot – rein in police violence by ending impunity.

Just as private prosecutions helped victims find justice for torture and murder under right-wing authoritarian governments in southern Europe and South America, private prosecutions offer a new avenue to accountability for victims of police violence, among other prevalent crimes – especially for the more vulnerable in our society. While perhaps different than a state campaign of torture and murder, police violence in America is an issue with a long history and tragic consequences for America’s minorities. To many people of color, the difference between the two issues is probably not very big. For this reason, the actions of activists in Greece and Argentina are more than a sufficient parallel to efforts to hold police accountable for their actions. Private prosecutions are the link that ties them together.

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This method of bypassing the state is not new, but it is novel. As Noah Feldman explains, an Ohio state appellate court ruled that private prosecutions were legal in 1957, and in 1960 a state law was passed codifying the practice.

Feldman begins his analysis feeling uneasy about whether we should applaud such actions or not. “The law… would tend in the long run to give an advantage to families with greater means to greater political clout. They, after all, would have the resources to collect affidavits and go to court,” he says. “Tamir Rice’s family has that capacity because this case attracted national attention and the help of clergy and civil-rights leaders. But the families of other, less heralded victims might not be so fortunate.”

Feldman is right that our society is unequal, and that we shouldn’t expect a provision such as private prosecutions to be any different. As much as private prosecutions would give the victims of police violence, rape, and illegal foreclosures a chance to put cops, rapists, and bankers in jail, those in power would also have yet another tool which they could use to discipline the vulnerable. But we shouldn’t convince ourselves that they don’t already do this. The nation’s rich and powerful already have all the tools – one of which is the state – on their side. That’s why police impunity, rape culture, and unregulated capitalism are the norm and accountability for their perpetrators is the exception.

If we can bypass the state in these early stages, however, we could at least remove one part of the system that protects the powerful and ignores the downtrodden. Sure, those with the backing of executive boards and police unions would still have the best lawyers, but a public that was committed to accountability could rally behind victims of our society’s major ailments – inequality, racism, sexism. Private prosecutions could address issues of structural violence by indicting those responsible for carrying out direct violence and forcing the issue to be discussed in the open.

Despite this worry, Feldman closes his editorial by saying that “prosecutors’ offices are always going to be tempted to go easy on the police with whom they must work. Ohio’s law deserves to be copied – not just by a few jurisdictions, but by all.” Indeed, private prosecutions should be an option for the most underprivileged in our society to seek justice.

In the weeks and months that follow, Cuyahoga County’s justice system will be the next battleground for the struggle to hold police accountable. But whether County Prosecutor McGinty’s grand jury finds reason to indict officer Loehmann or not, the people have spoken, and they have asked a judge to issue indictments regardless. Just like in other countries plagued by state violence of one form or another in history, Cleveland now has a chance to move past impunity and towards real accountability.

Black Lives Matter, Direct Action, and the Sanders Campaign

The Left was rankled when Black Lives Matter protesters interrupted an event at Netroots Nation last month, putting Martin O’Malley and Bernie Sanders on the spot about racial inequality and police violence. The tension has continued since, with several protesters recently cutting a Sanders event short in Seattle. The actions have prompted a lot of anger and confusion from Sanders supporters that haven’t thrown their full support behind the movement for racial justice. The conversation is one worth having, but let’s try to avoid using this tone and maybe re-center the conversation on what black people in this country face, rather than the plight of liberal politicians. Instead, I’ll highlight what others have written about the issue, because they all put it more eloquently than I.

Speaking about radical left ontology, Nikhil Pal Singh addresses the potential – and necessary – roots of a truly anti-racist, radical leftism at Social Text:

In the US historical experience, black freedom struggles offer key insights into how radicalizing opposition to racial domination is a route to a universalist politics of human emancipation grounded in political economy. In the era before WWII, elite consensus viewed capitalist civilization as a racial and colonial project. Despite post-racial and post-colonial transition, it is not clear that capitalism suddenly stopped being what Cedric Robinson termed “racial capitalism.” From structural adjustment to subprime mortgages, the naturalization of the unequal worth of peoples has been retained as one of the surest ways to justify and profit from collectively enforced misery.

Activists shutting down a highway in New York City last November.

Activists shutting down a highway in New York City last November.

If Sanders is serious about pulling the Democratic Party to the left, it should require embracing anti-racism as the heart of the movement. As Malcolm Harris argues in his review of Mary Helen Washington’s The Other Blacklist, the conflict between an anti-racist political movement on one side and a liberal political campaign on the other is “between one theory of universal liberation and another, between a race-blind reformism and a shard from a shattered revolutionary tradition.”

One issue is that many liberals who aren’t on board with Black Lives Matter don’t understand this tactic. Even though a quick google search will define ‘direct action’ as “the use of strikes, demonstrations, or other public forms of protest rather than negotiation to achieve one’s demands,” many observers continue to believe that protesters should appeal to the Sanders campaign rather than interrupt it, that they should ask for a platform on racial justice rather than demand it. Never mind the fact that Black Lives Matter has, from the get-go, been about stopping the status quo and disrupting a system – and a society – that doesn’t bat an eye after ending black lives. That’s why highways, malls, and everything have been frequently shut down. That’s why campaign events are being shut down.

Activists marching through Penn Station last month, on the one year anniversary of Eric Garner's death.

Activists marching through Penn Station last month, on the one year anniversary of Eric Garner’s death.

Now, tactic and strategy are different, so it’s also worth addressing the strategy behind who gets interrupted. As Elie Mystal points out, this tried and true strategy of “[g]oing after your friends is effective when your enemies have already tuned you out and your friends have relegated your concerns to fringe issues inappropriate to talk about in front of independents. The Democratic party has pushed racial justice to the sidelines for a generation now. They nod and wink to the African-American community with the smug assurance of ‘what are you gonna do, vote for the Republican?'” The strategy has been used by the LGBT movement, the Tea Party, Occupy, etc. And, in light of the fact that Clinton’s events were notoriously controlled and closed to the public up until recently, it makes sense for activists to target Sanders. In fact, as Mystal points out, these actions have a really easy-to-follow logic:

White progressives are like, “Oh, but why don’t you go after Hillary Clinton instead of Bernie Sanders?” Fools. THIS IS HOW WE GO AFTER HILLARY CLINTON. The minute Sanders figures out that to defend himself he has to take the attack to Clinton on racial justice is the minute you’ll understand what is going on here. Bernie Sanders isn’t going to win. But he’s the only one who can pull Clinton to the left. If he wants to “be a friend” to the black people, then he needs to ACT like it.

And, Clinton aside, these actions have directly changed how the Sanders campaign conducts itself. Racial issues have been featured in messaging that used to be centered solely on economic inequality, and Sanders has begun to put together a platform on the issue (albeit still nascent), as Jamil Smith notes.

Smith is also smart to point out that problem is not so much Bernie Sanders himself as it is his supporters who quickly denounce activists for interrupting events, some even calling for activists to be arrested, apparently missing out on the whole year of left activism against police violence. As Malcolm Harris tweeted yesterday (pardon me while I paste them together):

People are taught to be really embarrassed and shamed and uncomfortable when someone disrupts a speaker. Seeing that language a lot. Public vulnerability in others is hella embarrassing. It’s scary when someone grabs a microphone, we’re all the sudden asked to pick sides. And the first instinct is to shame them for making this demand, for asking more of us than we expected. Easiest to boo and demand a return.

At the same time, Trump goes up there and talks about buying politicians in both parties. That system is obviously worth disrupting. At this point in the cycle it makes total sense to me to attack the electoral system’s ability to incorporate left dissent through the Dems.

I’ll give Jamil Smith the last word:

Sanders acolytes insist upon nominating their candidate first as an ally for black people. They act insulted that they are not trusted to recommend their candidate as the top advocate for black liberation in the presidential race. Yet, they and the campaign spend time devising tone-deaf chants (“We Stand Together”) to drown out any future protesters, as [campaign press secretary Symone] Sanders announced during a Sunday night event in Portland. I’m not against criticizing activist tactics, but the idea that #BlackLivesMatter protesters are hurting their cause by challenging candidates, even those considered allies, is based in the notion that the burden of making change is on them. It isn’t. Too many Sanders supporters appear to be caught up in their feelings when a protester rubs them the wrong way. They ask, why are the protesters so rude, or annoying, or targeting the “wrong guy”?

In response, I ask simply: Since when are protest tactics designed to make the people whom they are targeting feel more comfortable and less annoyed? And since when is Sanders, or Carson, or any candidate exempt from being pushed? Just since Friday, we’ve passed the anniversary of Michael Brown’s death, having seen both another young man killed by a cop and more violence in Ferguson. Yet we still have black conservatives like Carson letting the world believe that black activists trying to fix this are the true racial problem, and some white liberals telling them to ask for help more politely.

White Supremacist Terrorism in Charleston, and in Our History

I’ve been closely following the news from Charleston, where a white supremacist shot and killed nine people at Mother Emanuel African Methodist Episcopal Church last night. As I write this, it appears that the shooter, Dylann Storm Roof, has been arrested in North Carolina.

The church that was the target of the shooting is a historic landmark and site of black resistance, and has been for centuries. Yesterday was the 193rd anniversary of Denmark Vesey’s aborted slave revolt. Vesey was an early member of the church (I’ve heard even a founding member, but am unsure), which was burned down as the revolt’s organizers were hanged.

When the shooter was first identified, a Facebook profile picture was circulated that showed him wearing a jacket with the flags of apartheid South Africa and white-rule Rhodesia on it. The state of South Carolina flies the Confederate flag over the capitol.

There is a deep history to white supremacy and black resistance to it. It’s a violent history. It’s one we need to reckon with, and that we haven’t. I’ll paraphrase Angus Johnston by saying that we need to do more to teach the long history of racial violence, as part of an effort to raise anti-racists (do read the linked tweets, please).

Just as important is the history of the struggle. Teaching about resistance against hate, against oppression, is an imperative if we are to continue resisting these things. Just today, several pieces were published about the role of the AME church in the history of both white supremacist violence and black resistance.

Jamelle Bouie calls Emanuel AME Church “a historical symbol of black resistance to slavery and racism,” and Dave Zirin wrote a short piece detailing the long history of its place in 300 years of anti-racist, abolitionist history. This article on the place of black churches as symbols in American history is worth reading, in full. Here’s an excerpt on this AME church in particular:

while black churches have long been seen as a powerful symbol of African American community, they have also served as a flashpoint for hatred from those who fear black solidarity, and as a result these edifices have been the location for many of our nation’s most egregious racial terrorist acts.

Further, the very spot of land on which the Emanuel Church is built has witnessed much of this sobering history. In the summer of 1822, white residents of Charleston, South Carolina, discovered that one of their worst fears had come true: a slave conspiracy to rise against their masters and slaughter all white residents was afoot in the city. The accused ringleader, Denmark Vesey, was a former slave who had been a free carpenter in Charleston for two decades. His insurrection was supposedly planned to take place on July 14—Bastille Day. Once the plot was uncovered, however, authorities were swift with retaliation: 131 men were charged with conspiracy, 67 were convicted, and 35, including Vesey, were hanged. While historians today debate the extent of the conceived rebellion, the event proved formidable in confirming southern angst over an “internal enemy” and white supremacists knew they had to respond quickly and violently.

That Vesey was one of the founders of the Emanuel Methodist Episcopal Church was no mere coincidence. To those that pushed prosecution, the church was central to the conspiracy. The year prior, city officials had closed the church because they feared it was breaking slave codes concerning unsupervised black gatherings after sunset and the law against teaching slaves to read. Charleston authorities depicted Vesey’s frustrations over their suppression of church activities as one of his three primary motivations. (The other two being the Haitian Revolution and the debates over the Missouri Compromise.) The punishment for these sins was the noose.

There’s a lot of history behind this act of violence. There’s a lot of history behind all of them. This country – this world – is marked by white supremacy. Its an idea that forms the foundations of our country, and its an idea that is tearing it apart. This is all part of our history.

Edit to add: The twitter hashtag #CharlestonSyllabus is a growing collection of suggested readings and other resources for any educator (or person eager to learn), focused on race and violence in South Carolina – and the South more broadly – as well as critical readings of race in America, the Confederacy, and white supremacy in general. Also, remember that this hashtag follows in the footsteps of #FergusonSyllabus, which continues to be a resource on the same issues.

The Right Kind of Victim

Earlier today a friend and colleague argued that, although police violence and race were important issues that deserved a public conversation a la Ferguson, Mike Brown wasn’t the “right” kind of person to be the locus of this conversation. This person cited some stuff about Darren Wilson’s innocence – stuff I disagreed with, but which is not what I want to talk about here. Instead, he referenced the case of Tamir Rice – the boy who was shot for carrying a toy gun literally the moment that police arrived on the scene, and was subsequently refused care by the officers and was later pronounced dead. There is video of the police misconduct. The victim clearly wasn’t charging the officers. This is where to organize protests.

Hours later, I saw news that Eric Garner’s murderer was also cleared by a grand jury. There is video of Officer Daniel Pantaleo putting Garner in an illegal chokehold. There is proof of police misconduct. The coroner ruled it a homicide. And the police officer won’t even stand trial.

Earlier today, I argued that – regardless of what one thought about Mike Brown’s death – the organizing and protests should continue. If you believe that police violence is a problem and black lives matter, you should be in the streets no matter what. Because the problem of police violence is a national crisis.

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When protesters tried to shut down New York City two weeks ago, it was as much about the injustice of the Ferguson grand jury as it was about the impending Staten Island one. It was also about Tamir Rice. And Akai Gurley. And numerous other men of color killed by police who are sworn to protect.

When we look for the right kind of victim, we will always be waiting. The anger at racist police violence has reached its breaking point, and there shouldn’t be any discussion about the right kind of victim. Victims are victims, and we need to organize now – before there are more.

When Rosa Parks was arrested for sitting on a bus, she galvanized a movement against segregated buses. But Claudette Colvin should have galvanized the same movement, but she wasn’t the “right kind of victim.”

When the bus driver told Rosa Parks that he would have to call the police if she didn’t get up, Parks replied, with extraordinary self-possession, “You may do that.” When the police arrived, she went without resistance. When the cops came for Claudette Colvin, she yelled at them that they were violating her rights, and refused to move. They dragged her from the bus. When they kicked her, she kicked them back.

Ever since I was first made aware of Colvin’s story and others like it, I’ve been adamant that these stories are worth remembering – these lives are worth remembering. We shouldn’t only rally around the perfect symbols of resistance and victims of injustice. We should rally around every victim of injustice. Every time there’s injustice.

Waiting for the right kind of victim means ignoring the actual victimization of black bodies across this country. Waiting for Tamir Rice means that Mike Brown, Eric Garner, Trayvon Martin, Kimani Gray, Sean Bell, Ramarley Graham, Oscar Grant, and other victims of police violence.

We shouldn’t wait any longer.

Protesters staged a die-in at Grand Central tonight immediately after the announcement of Eric Garner’s grand jury. There is a demonstration planned at Foley Square tomorrow afternoon. If you’re against police violence, find a demonstration near you – or start one.

Coates on Reparations

The latest issue of The Atlantic features an important piece by Ta-Nehisi Coates on the issue of reparations for the U.S.’s racist history. It went live on Thursday to a lot of hubbub, but I wanted to dedicate a short post to tell you all to read the whole thing in full.

Coates uses housing as his framework for viewing America’s history, focusing on the long plunder of the 20th century. He spends much of the rest of the article arguing for reparations by showing how the repercussions of slavery, segregation, Jim Crow, and mass incarceration continue to punish black people. He also criticizes efforts to help the disadvantaged without taking race into account.

Coates also wrote here about tracing his line of thinking from opposing reparations four years ago. It includes links to several interesting pieces, all factors in his thought process. Coates also penned this short footnote to the article, highlighting why it is an important issue to tackle. Both are worth perusing if you’re interested.

In response, Tressie McMillan Cottom wrote this piece about education’s role in inequality and the (lack of) potential it has for being the channel through which we can attain a more equitable future. She brings numbers to the game, for those who like them, from a recent economic policy paper. Summarizing the findings, she states: “No matter what black college grads do, they are more sensitive than non-blacks to every negative macro labor market trend. They are more likely to be unemployed, underemployed, and hold low quality jobs even when they have STEM degrees.” She closes by arguing that “[w]hen we allow education to be sold as a fix for wealth inequality, we set a public good up to fail and black folks that do everything “right” to take the blame when it goes “wrong”.”

Alyssa Rosenberg also wrote this piece reflecting on how culture would have to change in order for such reparations to occur. She sheds some light on American media and how much attention has been paid to slavery and racism through what we watch. There’s also an interesting piece on the recent Caribbean effort to gain reparations from European countries for 400 years of slavery and colonization, and this piece outlining ways to actually see reparations through.

(If you know of other good pieces on Coates’ article, leave them in the comments.)

MLK Meals

In my senior year of high school, my government class was taught by a teacher that was very involved in local government. On a day near Martin Luther King, Jr. Day (still not sure why it wasn’t on the actual day) the Town of Gilbert had a MLK commemorative breakfast downtown, and she wanted some students to represent our school by attending. Myself and a few friends went, and while we grabbed breakfast we all muttered how uncomfortable we all felt. All of us were white. Breakfast included grits and fried chicken. Snickers about racism prevailed.

Gilbert is about 3% black, and over 80% white. In my earlier years I don’t even remember if there were black kids in my classes, and I remember only a token few from my high school years (Apparently, there are about 150 out of 2700 total students). So, when Gilbert tries to do MLK Day, it comes off as kind of weird. In retrospect, I’m glad that the event happened, and I’m glad it brought quite a few people out to remember Dr. King. There were a few speakers about equality, and some students from Best Buddies at my school did a performance. And there was grits.

This week, the cafeteria at UC Davis honored Dr. King by serving a menu that looked pretty reminiscent of my experience. And I think this sums it up nicely:

On the one hand, the cafeteria is making an effort to mark MLK day and, to be fair, the food choices are traditional “soul food” familiar to (especially Southern) Black populations and the South more generally.  On the other hand, preparing foods associated with Black people is about the shallowest possible way to celebrate such an important man.

The conundrum — do we or don’t we, as a cafeteria, acknowledge Martin Luther King day and, if so how? — is a familiar one.  Can one do so without reproducing stereotypes and appearing on blogs like these?  Or should we just pretend the day doesn’t exist?

The truth is, in a context of ongoing racial inequality in which stereotypes continue to harm, organizations such as these are stuck between a rock and a hard place.  That’s how racism has such staying power: it makes it such that all choices resonate with its ugliness.

What? Russell Pearce is Racist?!

The ever-wonderful ACLU of Arizona has obtained e-mails to and from Russell Pearce, the architect of SB 1070, and have released a number of them. There are lots of racist treasures buried within, but I wanted to give a brief look at the monstrosity of his psyche.

“One look at Los Angeles with its Mexican-American mayor shows you Vincente Fox’s general Varigossa commanding an American city.”

“They create enclaves of separate groups that shall balkanize our nation into fractured nightmares of social unrest and poverty.”

“Corruption is the mechanism by which Mexico operates. Its people spawn more corruption wherever they go because it is their only known way of life.”

“We are much like the Titanic as we inbreed millions of Mexico’s poor, the world’s poor and we watch our country sink.”

“Can we maintain our social fabric as a nation with Spanish fighting English for dominance … It’s like importing leper colonies and hope we don’t catch leprosy. It’s like importing thousands of Islamic jihadists and hope they adapt to the American Dream.”

And these gems are the only things Pearce says that are correct, apparently from an e-mail rant with the subject line “What’s a racist?”

“I’m racist because I don’t want to be taxed to pay for a prison population comprised of mainly Hispanics, Latinos, Mexicans or whatever else you wish to call them.”

“I’m a racist because I object to having to pay higher sales tax and property tax to build more schools for the illegitimate children of illegal aliens.”

“I’m a racist because I dislike having to push one for English and/or listening to a message in Spanish.”

Those are just a taste of Pearce’s racism.

Teaching Students Racism

Last week my wife told me about an insane case in which a Texas high school had an annual tradition of teaching students about Nazism in the stupidest way possible – by having half of the students be Nazis, and half of them Jews. From the article:

The students playing Jews wear red ribbons. “[Red ribbon students] must do everything school faculty or other students tell them to, including picking up other students’ trash, being taken outside and sprayed with water hoses, bear-crawling across the hot track, carrying other students’ books, and even carrying other students,” says the suit, filed in federal court by Andrew Yara, 19. “Engaging in this exercise was compulsory, with it constituting 60 percent of a major test grade for students in their World History Class, and any student who did not do everything they were told were receive a failing grade.”

This is some insane shit. Giving one group of high school students unrestricted power over another group of high school students is ludicrous, and all it does – besides exacerbating bullying and other problems – is teach students to be assholes.

When I first heard about this, my mind went straight to Jane Elliott’s work in Riceville, Iowa in 1968. You might know her as the third grade teacher that split up her students based on eye color and treated them differently. She began by explaining to her students that blue-eyed people were smarter, cleaner, punctual, and more determined than brown-eyed students, and therefore deserved snacks, extra recess, and sitting up front in class. She noted the sudden divide between students as bullying occurred on the playground and grades rose and fell for the two groups. The next day, she reversed the roles and the third graders immediately swapped places, with grades and attitudes rising and falling according to eye color. The result was a particularly telling example of how prejudice can affect people, with a side of controversial treatment of children.

Elliott’s exercise isn’t without criticisms, and rightly so. It’s worth noting that treating children in such a way can lead to some sorts of trauma through emotional abuse (on which I’m no expert). Telling a third grader, “of course your homework is late, you have blue eyes” will probably have some sort of effect. As this paper (pdf) shows, while most of her students remember the two day experiment as beneficial and life-changing, albeit humiliating at the time, some are hesitant when thinking about whether or not to put their children through the same lesson. Whether you agree with her tactics, the strategy is clear: show all students what it’s like to be mistreated, and they will learn what it feels like to be judged based on their appearance, then they should spend the rest of their lives trying not to be racist.

Compared to Elliott’s exercise, the Perryton High School exercise goes farther in demoralizing students and submitting them to abuse, and I’m curious as to what sort of post-exercise lesson the students undergo. Giving students two days to treat peers as slaves is very different from a supervised two tier classroom setting, and Red Ribbon Days seem to not really do much teaching. News articles don’t point to any positives of the lesson whatsoever; there’s little supervision, some actions cause bodily harm (which has led to the current uproar, after a lawsuit was filed when a student was forced to carry another student almost double his weight), students don’t share both experiences, and the actual lesson doesn’t even address the core curriculum of teaching the Holocaust. It’s controversial and it’s dangerous. It’s also bad teaching.

Civil Rights in Mad Men and Beyond

The only black character that has been on Mad Men for more than two episodes is Carla, the Draper housekeeper. That might change this season.

If you didn’t see the season premiere of Mad Men this week, you should know one thing: racism and civil rights have intruded upon Sterling Cooper Draper Pryce. The show has referenced racism a few times, with Paul and Sheila going to the South to register voters, but it has never been a prominent theme like women’s role in the workplace has. It seems, however, that the fifth season could feature race quite a bit, especially if the office hires a person of color. As Tanner Colby points out, most seasons have included a major historical event (Kennedy’s election, the Cuban Missile Crisis, and Kennedy’s assassination), and if this season spans about two years it could include Martin Luther King Jr.’s assassination.

In this first episode of the season, race is treated as a problem that nobody wants to fix.  The opening scene of the premiere features a few executives at Young & Rubicam water bomb a Civil Rights protest going on outside their office,* which gets them in the papers. From there, the partners at SCDP decide to take the opportunity to rub salt on Y&R’s wounds by placing an ad in the paper declaring themselves “an equal-opportunity employer.” The boys at Y&R fire back, sending a resume and an African artifact through the door while a number of black applicants sit in the lobby.

While the premiere spends a lot of time showing how SCDP employees struggle with their home lives (with two new children, two new homes, and a new wife), the issue of race is tossed back and forth between SCDP and Y&R throughout the episode, with each agency trying to stick the other with the Civil Rights problem.

During the time in which Mad Men is set, the Civil Rights movement was often treated in the same way.  Politically, both Democrats and Republicans voted against civil rights reforms in Congress, despite Presidents of both parties putting forth piecemeal plans for reform.  Kennedy denounced the Freedom Riders for provoking violence and criticized SNCC for inciting harassment as well.  It would take James Meredith’s enrollment at the University of Mississippi and Bull Connor’s crackdown in Birmingham to force his hand.

The biggest victories for blacks, the Civil Rights Act and the Voting Rights Act, arguably only came about because Johnson realized that black votes were important. By and large, the rights of America’s blacks were hot potato’d until politicians realized that black votes, not black people, were something to attract and protect.  One of the boys at Y&R shouted for the protesters to get a job, then pranked SCDP into accepting resumes – neither agency actually wanted to address the problem, but in the end one had to. Most politicians during the time didn’t want to deal with the “problem” of civil rights, but were forced to. I’m definitely not an expert on civil rights history, but I think this was a recurring theme until the movement grew enough to demand attention.


* Fun fact: Young & Rubicam was actually the first ad agency to hire a black adman, Roy Eaton, and that was in 1955.