Tag Archives: civil rights

ROSA PARKS, MISREMEMBERED

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Rosa Parks died yesterday at age 92. Over the days to come, we’ll hear a lot of very-much deserved prasie for Parks’ refusal to abide bigotry and her courage in the service of a cause. Unfortunately, we’ll also hear a new round of recitations of the stubborn myth that Parks was an anonymous, apolitical woman who spontaneously refused to yield to authority and in so doing inspired a movement. The truth, as Aldon Morris wrote in his book The Origins of the Civil Rights Movement, is that a decade earlier

in the 1940s Mrs. Parks had refused several times to comply with segregation rules on the buses. In the early 1940s Mrs. Parks was ejected from a bus for failing to comply. The very same bus driver who ejected her that time was the one who had her arrested on December 1, 1955…She began serving as secretary for the local NAACP in 1943 and still held that post when arrested in 1955…In the early 1940s Mrs. Parks organized the local NAACP Youth Council…During the 1950s the youth in this organization attempted to borrow books from a white library. They also took rides and sat in the front seats of segregated buses, then returned to the Youth Council to discuss their acts of defiance with Mrs. Parks.

This history is not hidden. But the Times’ obituary describes Parks’ arrest nonetheless as an event which “turned a very private woman into a reluctant symbol and torchbearer…” Parks was certainly reluctant to see too personal valoration of her as heroine distract from the broader movement. But she was not private about her politics. And her refusal to give up her bus seat was nothing new for her. As she would later tell an interviewer, “My resistance to being mistreated on the buses and anywhere else was just a regular thing with me and not just that day.”

The myth of Parks as a pre-political seamstress who was too physically worn out to move has such staying power not because there’s any factual basis but because it appeals to an all-too popular narrative about how social change happens in America: When things get bad enough, an individual steps up alone, unsupported and unmediated, and spontaneously resists. And then an equally spontaneous movement follows. Such a myth makes good TV, but it’s poor history.

Movement-building takes hard work, no matter how righteous the cause or how desperate the circumstances.

The pivotal moments of the 60’s civil rights movement, as Morris recounts in his book, were not random stirrings or automatic responses. Most of them were carefully planned events which followed months of organizing and were conceived with an eye to political tactics and media imagery. There were even some long meetings involved.

That shouldn’t be seen as a dirty little secret, because strategic organizing and planned imagery shouldn’t be seen as signs of moral impurity. Organizations, like the people in them, each have their faults (Ella Baker was frequently and justifiably furious with the sexism and condescension of much of CORE’s leadership). But the choice of individuals to work together and find common cause in common challenges doesn’t become less pure or less honest or less noble when they choose to do it through political organizations. And there’s nothing particularly progressive about a historical perspective in which Rosa Parks’ defiance of racism is made less genuine by the knowledge that she was secretary of the NAACP.

The myth of Rosa Parks as a private apolitical seamstress, like the myth of Martin Luther King as a race-blind moderate, has real consequences as we face the urgent civil rights struggles of today. Seeing acts of civil disobedience like Parks’ as spontaneous responses to the enormity of the injustice justifies the all-too common impulses to refuse our support for organized acts of resistance and regard organized groups as inherently corrupt. Those are impulses people like Rosa Parks had to confront and overcome amongst members of her community long before she ever made national headlines for refusing to give up her seat on the bus.

WHAT IS BARACK OBAMA SAYING?

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Friday, Barack Obama wrote a response to blogospheric criticism of his criticism from the Senate floor of advocacy groups which were condemning Senators who voted to confirm Roberts (Obama himself voted against confirmation). He makes some points I agree with, and some I don’t. Most frustrating, though – and all the more so given his gift as a writer – are the arguments which sound nice but whose meanings are difficult to tease out at all. Like this one:

My colleague from Illinois, Dick Durbin, spoke out forcefully – and voted against – the Iraqi invasion. He isn’t somehow transformed into a “war supporter” – as I’ve heard some anti-war activists suggest – just because he hasn’t called for an immediate withdrawal of American troops. He may be simply trying to figure out, as I am, how to ensure that U.S. troop withdrawals occur in such a way that we avoid all-out Iraqi civil war, chaos in the Middle East, and much more costly and deadly interventions down the road. A pro-choice Democrat doesn’t become anti-choice because he or she isn’t absolutely convinced that a twelve-year-old girl should be able to get an operation without a parent being notified. A pro-civil rights Democrat doesn’t become complicit in an anti-civil rights agenda because he or she questions the efficacy of certain affirmative action programs. And a pro-union Democrat doesn’t become anti-union if he or she makes a determination that on balance, CAFTA will help American workers more than it will harm them.

There are several ways to read this argument:

One is that what matters is a politician’s values, and not individual votes, and so it’s wrong to call a politician “anti-civil rights” for casting votes which hurt the cause of civil rights. The problem with this argument is that we elect representatives to cast good votes, not to personally sympathize with us and our values.

Another is that none of us has the right to decide what these labels mean – that it’s arrogant and inappropriate for pro-choice activists to tell politicians what it should mean to be pro-choice. The problem with this argument is that there’s no point in working to advance the cause of “choice” in general if that excludes advancing a particular understanding of what is and is not pro-choice policy. While it’s arguable whether or not the movement would be served by more politicians claiming the pro-choice mantle without changing their policy positions, but it certainly be insufficient.

Another argument which could Obama could be making here is that is that immediate troop withdrawl from Iraq, opposition to parental notification laws, defense of affirmative action from “questioning,” and opposition to CAFTA are not in fact serving the goals of the anti-war, pro-choice, civil rights, and labor movements, respectively. In other words, he could argue against the positions he thinks Democratic senators are wrongly being held to on the merits. But if there’s any such criticism here, it’s only implicit (Obama, for the record, voted against CAFTA in the Senate, voted against parental notification in the Illinois Senate, and is not calling for an immediate withdrawl of all US troops).

Given that Obama seems not to be articulating that argument, he could be arguing that these particular issues are just not important enough to make a big deal of. But it’s hard to imagine the groups he names not putting up a fight over these issues, and it would be hard to believe that Obama would expect them not to. CAFTA was the first comprehensive trade deal to come before the Congress under Bush, crafted to erode worker protections which accelerating the race to the bottom. Parental notification policies are, along with denial of government funding, one of the major policy impediments to women’s substantive exercise of their right to choose.

A more spurious argument which Obama seems implicitly to be making through questionable word choice is that the problem with these left-wing advocacy groups is that they’re out to restrict elected officials’ freedom of expression by punishing them for not being “absolutely convinced” on parental notification or “making a determination” they don’t like on CAFTA. To the extent that advocacy groups criticize elected officials for critical public statements, they’re not chilling speech – they’re responding to it, and I’d say there are some criticisms which are deserved and others which aren’t. But phrases like Obama’s here aren’t really about speech – they’re about votes. To describe a pro-choice group as punishing a legislator for not being convinced of something conjures up Orwellian images, but what pro-choice groups are taking legislators to task for isn’t private thoughts – it’s how they legislate.

The final argument that I think could reasonably be read from this paragraph, is that advocacy groups shouldn’t expect politicians to vote the way they want all of the time. But why not? Certainly, it would be a poor tactical choice for such groups to predict that everyone they want will vote however they want all of the time. But given the premise that their positions are the right ones (and with the exception of immediate and total withdrawl, I believe they are, and Obama seems to as well), shouldn’t support of all of their positions be the standard against which they judge elected officials? Does Obama really expect the National Council of La Raza to make public statements like, “Sadly, the Senator is only 85% of the way to casting votes to extend rather than restrict civil rights at least 60% of the time”? Elected officials, locally as well as nationally, often revel in disparaging “activists” for failure to understand the necessity of compromise. The first problem with that critique is that too often, the compromises are bad ones. The second is that the way we get good compromises is by having leaders on our side who are willing to take strong stands in the face of opposition. Obviously, writing a politician off as not worth working with in the future because of a vote on a particular issue is just bad politics – if you’re not organizing them, someone else is. But there’s a difference between writing off politicians who cast bad votes and being willing to publicly point out that those votes are bad. Voting for CAFTA may not make an otherwise pro-union legislator anti-union for good, but those of us who believe voting against CAFTA is the right vote and the pro-union vote to cast are, it seems to me, obligated to regard a politician who votes for CAFTA as less pro-union than if she hadn’t. Otherwise, we might as well pack up and go home.

Or maybe all Obama was trying to say was that left advocates should soften their rhetoric. I don’t think describing a Senator who votes to confirm a nominee for Chief Justice as in some way “complicit” in particularly aggregious decisions that Justice makes on the court is in any way out of bounds (and yes, that means Russ Feingold, of whom I remain a big fan, bears some degree of responsibility for what Justice Roberts does on the court). And I don’t think the left or the country are well-served when advocacy groups whose fundamental mission is an ideological one, not a partisan one, hold their fire in taking politicians of one party to task for actions for which they would condemn members of the other. Is there some exaggerated, over-the-top, nastily personal rhetoric out there? Of course. But if that’s what Obama takes issue with, he could have found a clearer way to say it.

FROM CHICAGO TO WASHINGTON

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One of the contentions which largely cuts across the AFL-CIO/ Change to Win divide is a recognition that the labor movement has yet to match the power of its Electon Day turnout operation with an effective mechanism for holding accountable the politicians it helps elect. Still more controversial is the recognition that a winning agenda for the movement demands a broad conception of the interests of working people and a more comprehensive social vision.

Yesterday, the AFL-CIO followed progressive unions like SEIU in passing a strong anti-war resolution condemning the impact of the war on working families and urging that civil rights be strengthened in Iraq and that the troops be brought home “rapidly.” Clearly, we’ve come a long way from the days when they used to half-jokingly call it the AFL-CIA. We’re not in Kirkland-Land anymore…

And Monday, as SEIU and the Teamsters were leaving the federation, the two unions’ presidents joined the presidents of eighteen other unions, AFL-CIO and Change to Win Coalition alike, in sending a strongly-worded letter to the Democratic leadership rightly condemning the party’s refusal to put its full force behind defeating CAFTA (David Sirota offers a good overview of the damage CAFTA could do if approved tonight by the House).

Good signs, in the wake of Monday’s split, for a more muscular movement. Here’s hoping John Sweeney, Richard Trumka, and Linda Chavez-Thompson, who were re-elected without opposition this afternoon, will be driven further in this direction, and can find a way to facilitate – rather than block – the co-operation with the Change to Win folks necessary to make it happen.

THE RIGHT WAY TO HONOR THE 4TH

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is to extend the reach of Americans’ constitutional freedoms by enfranchising those who’ve had their civil rights wrongfully stripped from them over prior felony convictions. That’s exactly what Iowa Governor Tom Vilsack has done in an Executive Order which goes into effect today. Now tens of thousands of Iowans (a quarter of whom are Black, though only a fiftieth of the state is) have the chance to exercise that most fundamental franchise, one which fosters opportunities to fight for the all too many others whose realization in this country remains deferred or denied. As the Des Moines Register wrote:

It is the right move. Convicts who have served their time should not forfeit such a fundamental constitutional right…Vilsack’s announcement, which came out of the blue Friday afternoon, stunned even close observers of the issue. It also angered critics, including Republican state legislators who saw it as a political calculation to add 50,000 or more likely Democratic voters to the rolls. Perhaps, but that sounds like support for denying ex-convicts constitutional rights to maintain a Republican edge in numbers…restitution [to victims] should eventually be paid in full, and the state has many tools at its disposal to push for compliance. The toolbox should not include denial of constitutional rights, however. The inability to vote is a visible brand ex-felons bear that labels them social outcasts, increasing the risk they might commit new crimes. The sooner convicted felons are allowed to participate in this civic responsibility, the better their odds of leading successful lives.

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Tuesday night several groups at Yale sponsored an excellent debate between the Reverends Barry Lynn (of Americans United for Separation of Church and State) and Jim Wallis (of Sojourners Magazine) on the role of faith in public life. They’re both thoughtful and articulate speakers with a stake in a more progressive turn for this country.

Wallis is frustratingly off-base in his support for President Bush’s Faith-Based Initiatives as an opportunity to be seized by a religious left. The issue, as I’ve said before and as Lynn argued, is not whether religiously-identified groups are eligible for government support when they provide social services but whether they will be subject to the same regulations as everyone else when they are. Lynn quoted troubling comments from Wallis conflating denying funding to groups because they hold a certain faith with denying funding to those groups because they discriminate in hiring against those who don’t. And Lynn rightfully questioned Wallis’ attempt in writing to dichotomize racial and religious discrimination, pointing out that for some of the groups in question one identitiy is mapped onto the other – and that right-wing churches led by the likes of Pat Robertson haven’t been rejected for “preaching hate” like the Nation of Islam has. Wallis, to his credit, expressed unspecified concerns with the implementation of the initiatives, but declined the engage the issue of discrimination and instead expressed hope that the Supreme Court would sort it out.

My sympathies were more divided between the Reverends on the other issue which consumed much of the debate: What is the place of religious rhetoric in political discourse? I share Rev. Lynn’s concern that the halls of Congress not be overtaken with arguments over the details of scriptural interpretation. He’s right to argue that in a pluralistic, democratic society votes should be cast, and should be explained, based on popular rather than divine authority, and on the basis of shared rather than sectarian values. He’s right to observe that while religious rhetoric infused the Civil Rights Movement through and through, when members of Congress cast their votes in 1964, they explained them through appeal in large part to the values of equal protection set forth in our common law. And he’s right to reject Wallis’ tenedency to reduce “values” to religion and to reduce the political spectrum to religious right versus religious left.

That said, I think few of us disagree with Rev. Wallis’ contention that it’s long past time that the religious left disrupted what he calls the monologue of the religious right. And I’m not persuaded by the bright lines Lynn seeks to draw between the discourse in the halls of Congress, in the church, on opinion pages, at rallies, and on Meet the Press. Certainly, an advocate assumes a different voice than a representative, speaking on different grounds and to a different audience. But Wallis is right that there should be a place for our elected representatives to speak to their personal faith convictions as well as to our shared democratic ideals. He’s right that for Lynn to bristle categorically at any instance of biblical references by elected politicians does little to further the cause of religious freedom.

One audience member asked Rev. Lynn why he was comfortable with Senators quoting from “anything else in Bartlett’s Quotations,” but not the Bible, and in response Lynn made an illuminating distinction between a quote to persuade – invoked because the quote itself makes a persuasive argument for whatever is being advocated – and a quote on the basis of authority, which is invoked to bring down the authority of whoever said the quote in the first place as an argument in and of itself for what’s being advocated. Lynn’s belief is that Bible quotes are always brought in not to share creative persuasive arguments but to shut down argument by virtue of biblical authority. I’m not so sure. It may be complicated to distinguish between appeals to a biblical argument and invocation of biblical authority, but I think it’s critical that we do. I think it’s similarly critical that we distinguish between those who invoke their particularistic faith values as ends unto themselves, and those who offer them as a personal path to our shared faith in community, in individual freedom, and in social justice.

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The newest issue of Yale’s ISI-funded right-wing mag, Light and Truth, offers Editor Emeritus Alden Bass’ celebration (not available on-line, alas) of neo-confederate secessionists:

The founding fathers did it. And now another group is trying it, for similar reasons…Almost exclusively composed of Christian neo-confederates (and trust me, there is no shortage of those people in the South) the group plans to assemble 12,000 souls willing to transplant their families to South Carolina, where they intend to infiltrate the state government and secede from the Union. Yes, secede…When Southerners speak of the South, a dreamy look clouds their face as all the bittersweet associations of home come rushing back…the South is so frequently considered to be one category (like the Soviet Bloc or Latin America) that no one really questions the difference between Alabama and Mississippi. There is also the shared experience of the War of Northern Aggression, which none of us remembers, yet which none of us can forget…You may think this is my unique experience as a middle-class white preacher’s boy, but I don’t think so. Because I’ve heard it in too many old bluegrass songs, I’ve read it in too much literature, and I’ve seen it in too many elderly faces. Communicating face to face is the essence of Southern conservatism. It’s about connecting, and not consumerism. This is why the South love’s state’s rights. The shared experiences of the Civil War, Reconstruction, and the Civil Rights movement have bonded Southerners together in a way no other region can boast. It’s no wonder that we stick together the way we do…

These disheartened fundamentalists of Tyler, Texas have realized that the sense of community once shared by the Nation and untiil recently by the South is fading fast, and they have opted to act radically. They will establish a community, a community small enough that it can be managed efficiently, personably, and responsibly. They will restore those values that we in the South were raised with, or at least thought that we were raised with. Will they succeed? I don’t know, but I’ll certainly be rooting for them.

I’m going to venture a guess that Bass’ identity as a white conservative might, bluegrass aside, indeed have something to do with his excitement at the prospect of neo-confederate secession, and that other Southerners – white conservatives or not – might be somewhat more skeptical about what features other than size these “Christian Exodus” types are looking for in their new community. They might also question the idea that Southerners are all united by “shared experiences” of the Reconstruction and the Civil Rights movement. Seems to me that being sprayed with fire hoses for non-violent protest of American Apartheid and being one of the ones holding the fire hoses are very different experiences to have of those events, and that the zeal of some to pull out of the union and found a nation they find more in keeping with their “values” only evidences how deep that division runs.

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Guest-blogging over at Ezra Klein’s site (mazal tov!), Dan Munz is suggesting the possibility of a Mfume v. Steele Maryland Senate race as a chance for Democrats to take on and shoot down the GOP argument that Democrats take Black voters for granted. I think Dan’s absolutely right that a concerted, rigorous response from the Democrats is long overdue. I’d say part of the problem, though, is that the Democratic party establishment does indeed take Black voters for granted, in much the same way it takes most chunks of the party’s base – union voters for example – for granted, and in a way the GOP simply doesn’t treat it’s own base. Wherever one comes down on the Katha Pollitt vs. Thomas Frank debate on whether or not evangelicals who vote Republican to erode reproductive choice get their money’s worth, the Republican party makes a serious, year-in and year-out campaign of selling itself to its base while the Democratic party more often treats its base like the weird uncle who always shows up drunk to Thanksgiving (the pundits who complain about how short-sighted the NAACP is for wanting Democrats to swing by when the NRA doesn’t ask the same of Republicans might spend their energies better considering why the parties’ records might leave NAACP members with more concerns about how loyal the candidates they vote for will be).

Granted, President Bush’s appeal to Black voters to better defend their interests by spreading their votes more evenly is pure condescending silliness (I’d like to see him apply the same logic to, say, Enron executives: “As long as you all keep voting for us, what incentive do we have to keep giving you those invisible handjobs?”). More fundamentally, of course, the problem with Bush’s case is the idea that Democrats brazenly push forward with liberal policies they know are bad for their Black constituents. The reality, unfortunately, is that Democrats tend not to do nearly enough brazenly pushing forward with much of anything. The problem isn’t that the Democrats are too far left; the problem (I know I know, I’m the guy with the hammer, and look – it’s another nail!) is that the Democrats are failing Black constituents, as well as White ones, by not offering a program or an approach that’s progressive enough. The Republicans are hard at work rolling back the gains of the Civil Rights Movement, while the Democrats, even when they had branches of government of work from, have shown precious little initiative in extending them. Republican national candidates have mastered the art of the coded appeal to racist voters, while Democratic candidates remain anxious about looking like they’re trying too hard to attract Black voters (or, god forbid, “dependent” on them).

What might an aggressive Civil Rights agenda look like? An aggressive push for comprehensive voting reform, including a constitutional individual right to vote, uniform standards for ballot access and machinery, paper trails, and abolition of felon voter disenfranchisement. An aggressive push to transform the crimminal justice system into one which takes seriously the equal protection rights of Americans of different races and classes and which rehabilitates rather than stigmatizing those who pass through it. An aggressive push for drastically increased investment in education at all levels. An aggressive push to raise the minimum wage and strengthen the right to organize. An aggressive push to strengthen anti-discrimination legislation. An aggressive push for universal health care. An aggressive push for real affordable housing. That would be a start. Some of these areas have attained greater prominence in the Democratic party’s agenda of late, to a lot of people’s credit; others are still waiting. As Dr. King observed not long before death, the reforms that will achieve real progress in Civil Rights will cost billions. All of these reforms are changes in which Americans of all races have a stake, and which could be achieved such that the great majority of Americans would benefit. And this summer in Florida, I had infinitely more conversations with African-Americans reluctant to register to vote because of the party’s silence or meekness on continuing the progressive work of the Civil Rights movement than because they wanted school vouchers or felt demeaned by affirmative action or were scared of gay people.

So yes, the Democrats need better answers to the Republicans’ cynical appeals to Black voters, and they need candidates who are better at articulating them. But any message which boils down to “No, Democrats don’t take [you/us] for granted, they care about [you/us] very much” is doomed to fail. What the Democrats need, as Al Sharpton put it several times during the Presidential debates, is candidates who can give the donkey the kick it needs (not something Sharpton accomplished a great deal at). And the most powerful kicks tend not to come from candidates at all. As much as Dan talks about a “traditional” relationship between Democrats and Black voters, the tradition is fundamentally one of tension and contestation, one which envelops both Jack Kennedy’s supportive call to Coretta Scott King and Bobby Kennedy’s call to John Lewis pleading him to cancel the freedom rides. As with so many other cases, the job facing the leaders of the Democratic party is as much about improving its record as defending it.

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Last Martin Luther King Day, after a march to the New Haven Savings Bank to threaten a boycott, students, workers, and community members gathered in the Woolsey Rotunda to speak out about the meaning of the day and the path to making “Jobs and Freedom” a reality in New Haven and in this country. Here (because mine is the only one I have a copy of) is what I said:

Never in this country has the symbol of Dr. King been so popular and so ubiquitous; never in this country has the vision he struggled for faced such tremendous opposition. In this morning’s New York Times, a Reagan archivist argues that Reagan and King were soulmates – that though their politics differed, their values were the same. Such a claim goes beyond cynicism – it is nihilism. It demonstrates a choice to forget who Reagan was – that he kicked off his Presidential campaign in a city in which civil rights activists were murdered and he called for states’ rights and excoriated welfare queens as a threat to our society. But as troublingly, it demonstrates a choice to forget who King was. There was a time when the FBI called King the most dangerous Negro in America. It’s time King was dangerous again.

On Thursday the President of United States made a last minute visit to lay a wreath on King’s grave, and in so doing foisted on the American people the bill for a trip followed by a $2,000 a plate fundraiser. Hundreds of people turned out to protest, and the administration decided to salvage its photo op at Dr. King’s grave by obscuring the view of the social protest, the non-violent resistance, going on behind. And they did it with rows of buses. The searing image of Dr. King’s birthday, 2004, is that of Blacks, Whites, and Latinos mobilized in protest on the other side of buses. What did Dr. King’s last living birthday look like? According to Jesse Jackson, “Perhaps what he did on that day would be instructive to us…he pulled together the coalition – black, white, Jewish, Hispanic, Native American, labor – to work on the Poor People’s Campaign. The object was to demand a job or an income for all Americans. He was driven by a moral imperative to include all and leave no one behind.”

“It is crimminal to have people working on a full-time basis and a full-time job getting part-time income,” King preached in Memphis soon before his death, standing with striking sanitation workers. “One day our society will come to respect the sanitation worker if it is to survive. For the person who picks up our garbage, in the final analysis, is as significant as the physician, for if he doesn’t do his job diseases are rampant.” Today in New Haven, service workers who make hospitals function and graduate student researchers who make medical research happen both find themselves unable to pay for health insurance for themselves and their families.

Dr. King declared that “Negroes will no longer spend our money where we cannot get substantial jobs.” Today this bind remains salient, as does its twin: even as too many are locked out of substantial work in the institutions their business and their taxes fund, too many are forced to work manufacturing products they cannot themselves afford to buy. Wal-Mart employees cannot afford discount Wal-Mart clothing. University employees here in New Haven cannot afford to send their children to college.

One year after the Voting Rights Act and two after the Civil Rights Act, King argued that these “legislative and judicial victories did very little to improve” the ghetto or “penetrate the lower depths of Negro deprivation.” Thirty-six years ago, on his last birthday, Dr. King declared “we have an underclass, that is a reality – an underclass that is not a working class…thousands and thousands of Negroes working on full-time jobs with part-time income…to work on two and three jobs to make ends meet.” The solution, he said the next month, was “a redistribution of economic power.”

“The problem of transforming the ghetto,” Dr. King wrote, “is a problem of power–confrontation of the forces of power demanding change and the forces of power dedicated to preserving the status quo. Now power properly understood is nothing but the ability to achieve purpose. It is the strength required to bring about social, political and economic change. Walter Reuther defined power one day. He said, ‘Power is the ability of a labor union like the UAW to make the most powerful corporation in the world, General Motors, say, ‘Yes’ when it wants to say ‘No.’ That’s power.”

It’s not enough to glorify the symbol of the fallen King. We must rededicate ourselves to his vision of social, economic, and democratic change. It is not enough for our leaders to lay wreaths on the man’s grave. We must hold them accountable for a status quo which has deprived too many Americans of all races of the right to freedom from want, of the right to a voice in the decisions which determine their future. It is not enough for the President of this great University to recount that he cried on hearing Dr. King’s “I have a dream”
speech. Yale, as King confidante Rev. James Lawson declared here this summer, must commit itself to becoming fully human.

“A nation that will keep people in slavery for 244 years will thingify them,” Dr. King warned, “make them things…And a nation that will exploit economically will have to have foreign investments and everything else, and will have to use its military might to protect them. All of these problems are tied together. What I am saying today is that we must go from this convention and say, ‘America, you must be born again!'”

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I have to say, the face the Democratic Party showed today deserves much more respect than the one we saw on the same day four years ago. Barbara Boxer deserves the nation’s gratitude for choosing to be a first mover – and the brunt of reactionary criticism – to force a congressional confrontation over a national disgrace. The Democratic leadership, to their credit, chose to frame the challenge as an opportunity to probe a critical crisis of legitimacy in our electoral process rather than distancing themselves from those objecting as fringe radicals. While few were willing to directly question the Bush win, speaker after speaker on the Democratic side shared accounts of suppression and made the case for reform. And in retort, the Republicans had little more to offer than readings of newspaper editorials, whining about whining, stories of dead people voting, and disingenuous praise for John Kerry’s good sportsmanship. As Jesse Jackson argued, no individual’s right to vote will be secure until voting is recognized as an individual right. The Democrats’ report bears troubling witness to just how much work we have to do.

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Watching the objection to the Ohio Count:

1:20 Whatever the Times said, Dick Cheney sure doesn’t look happy about this.

1:30 Rep. Tubbs Jones (D-OH): “If they are willing to stand for countless hours in the rain, as many did in Ohio, then I should be willing to stand for them in the halls of Congress.”

1:35 Rep. Pryce (R-OH): Just be nice and take it like John Kerry. The election is like so 2004.

1:38 Rep. Pryce (R-OH) and Sen. DeWine (R-OH) simultaneously: Lots of newspapers agree with us. Why don’t you?

1:42 Rep. Conyers (D-MI): “Not a single election official in Ohio has given us an explanation for the massive and widespread irregularities across the state.”

1:45 Rep. Sanders (I-VT): “What today is about is to demand that the federal government begin to move forward to ensure that every voter is country can be confident that every vote is counted accurately and every voter is treated fairly.”

1:46 Rep. Blunt (R-MO): People who were elected shouldn’t attack elections. And if you attack the election process, you don’t support the electoral troops.

1:49 Sen. Durbin (D-IL): “We can and should do better…I will take [Jackson’s amendment] seriously.”

1:51 Rep. Watt (D-NC): “The eyes of the world will be watching how we handle this – we’ll not treat it as frivolous when people are denied the right to vote…If we pretend that this is frivolous, then we are not moving forward.”

1:55 Sen. Stabenow (D-MI): “In Ohio, the provisional ballot was rendered virtually worthless when Ohio’s Secretary of State ruled that the ballot was legitimate only when the ballot was cast in the precinct.”

1:57 Rep. Ney (R-OH): Your standards are too high. Anyway, Republicans get disenfranchised sometimes too.

2:00 Sen. Wyden (D-OR): Ohio has a lot to learn from Oregon. Why is the GOP more concerned about allegations that one dog got to vote than that hundreds of thousands couldn’t?

2:03 Rep. Pelosi (D-CA): “This is their only opportunity to have this debate while the country is listening, and it is appropriate for them to do so…This is not just about what happens in counting votes, but in all three phases: before, during, and after the election…lines of up to ten hours in some areas. You can deny it all you want, but it is a matter of public record that it happened, and that it is wrong.”

2:10 Rep. Reynolds (R-NY): Come on, we already passed a law about this. You guys are like a Japanese soldier who can’t surrender.

2:13 Sen. Clinton (D-NY): Can’t we at least get a hearing? Why do we get better paper trails on lottery tickets?

2:16 Sen. Reid (D-NV): “While the literacy tests and poll taxes of the past are gone, more insidious practices continue to taint our electoral system.”

2:22 Sen. Harkin (D-IA): “Standing in line hours to vote is like throwing acid in the face of democracy…There was an average of 4.9 machines in Bush districts, while there was an average of 3.9 machines in Kerry districts…What we saw was a concerted effort to suppress the right of Americans to cast a vote.”

2:25 Rep. Hayworth (R-AZ): Doesn’t Kerry’s concession speech sound better when you read it with em-pha-sis on every sin-gle sy-lla-ble?

2:27 Rep. Kucinich (D-OH): “They encouraged the use of provisional ballots to make it more difficult for minority voters to vote.”

2:30 Sen. Obama (D-IL): “This is something that we can fix…What we’ve lacked is the political will.”

2:34 Sen. Dodd (D-CT): “The real test will come in the next few days when we have the chance to introduce legislation on this.”

2:36 Sen. Voinovich (R-OH): We know how to count in Ohio. “I am proud of how the election went in Ohio.”

2: 39 Rep. Cummings (D-MD): “What we are addressing is the fundamental right to vote.”

2:40 Rep. McKinney (D-GA): “It is not only our right but our responsibility to demand full democracy at home…This is not about a recount. This is about a blackout.”

2:43 Rep. Dreier (R-CA): Democratic criticism of the functioning of the democratic process in the United States encourages terrorists. Why would anyone want to become a democracy when they see that there can be disputes?

2:47 Rep. Drake (R-VA): Either the President is an idiot, or he’s an evil genius. But not both.

2:50 Rep. Jackson (D-IL): “At present, voting in the United States is a state right, not a citizen’s right…All separate, all unequal…Our voting system is built on the sand of states’ rights…We need to build our democracy on the fundamental individual guarantee in the constitution of the right to vote.”

2:53 Rep. Lewis (D-GA): “Our electoral system is broken, and it must be fixed once for all…How can get over it when people died for the right to vote?”

2:54 Rep. Jindal (R-LA): I am really excited about getting elected, and you guys are ruining it. Next thing you know the Palestinians will sue when they lose elections.

2:57 Rep. Tiberi (R-OH): You’re hurting the feelings of election workers by criticizing things that happened during the election.

3:00 Rep. Woolsey (D-CA): “If we don’t [change], why would any American bother to vote?”

3:02 Rep. Owns (D-NY): “Our mission for democracy in Iraq would be totally shattered if we insisted that that country be split in thirty or fifty divisions, each with its own rules, each with its own standards.”

3:05 Rep. Kingston (R-GA): Dead people voting is a bigger problem than systematic disenfranchisement. If these Democrats loved America as much as my blind father, they wouldn’t mind waiting in lines.

3:07 Rep. Keller (R-FL): Michael Moore has used voodoo on Barbara Boxer.

3:13 Rep. Waters (D-CA): “There is no justification for denying the vote of someone voting in the right county but the wrong precinct. The voter’s intent is clear.”

3:16 Rep. Boehner (R-OH): You’ve disrupted my healing process. “If we really want to have a debate about how elections are run, that debate ought to happen in each of the fifty state legislatures.”

3:25 Rep. Portman (R-OH): If there was a conspiracy to disenfranchise people, I would have known about it.

3:31 Delegate Holmes Norton (D-DC): “If we are the democracy we say we are, we must show it today.”

3:41 Rep. DeLay (R-TX): The Democrats are blowing a great chance to declare support for all of Bush’s plans for the country. Me, I love the New Deal and Civil Rights. I would love to see more like that from them.

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This post has sparked some strong disagreement from Errol and Jamie. Errol writes:

Why shouldn’t that student or students like him be able to go to a school where he feels comfortable expressing his opinion on campus. This is a very widespread opinion because it’s almost uniformly ignored by liberals on college campuses around the nation. We simply ignore that while making our campuses an open forum for almost every liberal, progressive, leftist or whatever you want to call left of center opinions, that we impose an almost tyrannical speech code on our more conservative students. They’re not only often afraid of being relegated to being pariah by speaking their minds in class about what they might see as the negative effects of an encroaching welfare state, the evils of moral relativism, or the value of tradition in human interaction, but they must constantly be bombarded with propaganda with which they disagree. The implication of your post seems to be that conservative students or others that feel very much marginalized on college campuses should just suck it up. Why should they? Is it because they’re in the minority? Or is it because you have such a firm control over the truth or over what’s right and what’s wrong that you can suddenly feel comfortable excluding certain voices from discourse? Because ultimately that is what lost when people feel so uncomfortable, when people feel strongly enough about the social pressures that they feel to evoke “the Nazi button policies” as a way to explain to others the level of oppressiveness that they feel.

For sake of time, I’ll reprint here my response in the comments: I’m not clear on how it is, Errol, in your argument, that “an almost tyranical speech code” is imposed on “our more conservative students.” Is it simply by nature of disagreeing with these more conservative students that the majority is teetering on the edge of tyranny? What I labelled as immature in the piece I linked was the contention that merely being asked by peers to support a social cause that one disagrees with is oppressive. The natural end point of this argument, it seems to me, would be that no Yale Law student should ask for another Yale Law student to join a cause unless she knows that he already is aware of and supportive of it. That seems likely to translate into very few causes getting off the ground at a school which prides itself on – and attracts students through – its reputation for cultivating students concerned about their surrounding and national communities and prepared to use the law in support of social justice.

As someone who tends to come down pretty far on one side of the spectrum of opinion at Yale, I’ve often been in the position of being an ideological minority. But while I’ve certainly been critical of policies – like police seizure of leaflets in the Woolsey Rotunda – which restrict my expression of those views, I’ve never argued that my views are being stifled simply by not being widely shared. The past few years have provided endless chances to watch the same national and local figures relentlessly bemoan a “culture of victimhood” amongst historically marginalized groups while raising alarms over the supposed oppression of campus conservatives who are stuck, for example, having liberal commencement speakers. Few of them have gone so far as to compare solicitations to support a cause to Nazism.

We’re told that “there was very little opportunity to express alternative opinions at the law school,” but we get no account of any dissent that was stifled, or any attempt to express those alternative opinions. He offers no evidence that he tried to do so – or to identify himself as an intentionally “non-button wearing student” rather than someone who hadn’t had the chance to get one. Democracy is messy. Sometimes it involves being asked to do things one doesn’t want to. If he had said no and discovered as a result that his grades were being lowered or his posters were being torn down or, say, his door was being slammed with a 2 by 4, that would be more like persecution.

As for the enforcement of the non-discrimination policy, if you have evidence that it’s going unenforced in other cases, or questions about its parameters, there’s a phalanx of lawyers and futures lawyers on this campus much better equipped to respond.

Jamie also argues that I should have more sympathy for the Patrick P:

And yes, Yale is an “oppressive” place to be if you’re a conservative, er, rather, not a leftist. I often have to ask myself if those who think not being a liberal at Yale is easy live on the same planet as I do. When I ask myself this question, the answer I always come up with is, no, these people do not live on this planet. And don’t even try to tell me that you’ve felt unfairly marginalized as part of the “ideological minority.” You haven’t. For people who use the word “Nazi” and “fascist” so freely to describe your political opponents, its clear that you’ve lost any and all ability you might have once had (which probably wasn’t all that much to write home about in the first place) to recognize literary devices like facetiousness or overstatement. To act as if being one of 90 people not to sign a petition that the other 500 of your professors and peers have deemed to be a moral necessity is an easy situation to live with flies in the face of reality.

Look, it’s never easy to disagree be surrounded by people who disagree with you, as generations of college students on various parts of the political spectrum on various campuses have discovered over the past several generations. Fortunately, many choose to speak up anyway. Hopefully, all of us are at college looking to encounter articulate advocates for positions we disagree with, and hopefully we’ve each been successful. Jamie’s quick to dismiss the claim that those of us to the left of the Yale center may also have it less than easy sometimes. I think it’s worth noting that the major instance of violent response to dissent while we’ve been on campus was targeted against a girl hanging an upside-down American flag. And I think it’s worth noting that it’s been students criticizing University policy from the left who’ve been stopped or detained by the police. To read some of Jamie’s earlier posts you’d think that left-wing critics of University policy represented a tiny fringe; to read ones like this you would think that the student body was a massive cohort of far-left radicals. I’d say the truth is somewhere in between.

To argue that Yale oppresses those to the right of the left simply rings hollow. For copies of Light and Truth to be confiscated by administrators back when because they suggested skipping sex-ed lectures was certainly outrageous, although I’m not fully persuaded that can be chalked up to left-wing bias rather than a generally spotty record on protecting dissent from administration policy. Of course, it’s usually been students on the left who’ve borne the brunt of Yale’s failures in this vein. On the other hand, a student who chooses to attend a political rally supporting a candidate but claims he can’t release his name out of fear of intimidation doesn’t persuade me that it’s the liberals creating, in Jamie’s words, “an environment in which students are meant to keep their opinions to themselves.” And I’d say there’s something twisted in students arguing that professors and students who make strong criticisms of the Republican President, Republican House, or Republican Senate are responsible for othering those students who support the party running our government, or doing some other verb to them which Jamie and others don’t believe in when it’s used to describe the experience of, say, a black female student marginalized by the presence of only one black woman with tenure at Yale. I’m sure that there are situations in which professors overly antagonize students they disagree with on the right, or wrongly let disagreement affect how they grade students on the right, or in which students are rude or dismissive towards students on the right, just as all of these cases are experienced in reverse by students on the left. But that does not oppression make. And if we hear more about the marginalization of conservative students nationally, it may be in part because conservatives have been very effective in using the think tanks and media they dominate the perpetuate the idea of an oppressive liberal university to complement the supposed oppressive liberal media, and to bring accounts of said oppression to light and onto the airwaves.

The account I responded to isn’t even a borderline case. Here the supposed oppression consists simply of the articulation of a viewpoint by a majority of other students, and the appeals of some of those students that he join. It’s ridiculous to claim that as persecution. And it’s that much more ridiculous to compare it to Nazism. Contrary to Jamie’s implication, I’ve never referred here, or in any other venue I know of, to my peers as Nazis. I also haven’t called him a “homophobe” for opposing the activism of Yale Law students. If there are examples to the contrary, let me know. I do believe that the “Don’t Ask, Don’t Tell” policy is soaked in and perpetuates bigotry in a similar manner to the racial segregation of the military not so very long ago.

Errol and Jamie are also disappointed that I and others in what Jamie sees as “Yale’s ever-so-righteous corps of lefty bloggers” haven’t gotten around to critiquing this column. What is there to say? Instead of exploring the divide Bush’s cabinet appointments have demonstrated between descriptive and substantive representation of ethnic minorities, or assessing the destructive impact of Bush’s policy on black communities, or considering the frightening implications of another four years of this foreign policy, she launches an offensive, outrageous, and useless attack on Rice as secretly being a white man. It’s a terrible column. I think we can all agree there.

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The Democrats’ challenge right now is to communicate that provisional ballots are not a legal technicality but an issue of civil rights. Keep in mind that the last election in which provisional ballots were consulted there, about 90% were counted. A good part of the past five days here has been about making sure low-income voters, who are disproportionately disenfranchised, understand and are ready to fight for their rights as voters. Under the Help America Vote Act, a citizen is a voter until proven otherwise. This is about equal protection.