Tag Archives: race

The Other Half of American History

March 16, 2015 – 9:48 am

Edward Baptist’s The Half Has Never Been Told

In the U.S. history I learned in school, slavery is a MacGuffin. Two powerful groups of white men spend a century struggling over it, but what the slaves actually do never seems all that important.

That’s why people who don’t like to talk about slavery can claim that the struggle was about something else entirely: Tariffs or states rights or simple regional rivalry make great substitute MacGuffins, because the conflict is all that matters. From three-fifths and the Missouri Compromise and bleeding Kansas all the way to Fort Sumter, Gettysburg, and Appomattox, African slavery is just a plot device that gives white men something to fight over. So if you want to swap in some other plot device, feel free.

The postmodern focus on diversity and multiculturalism has added sidebars to that story: Frederick Douglass, Harriet Tubman, or a day in the life of a slave. And who was this Dred Scott that so many white lawyers argued about? Such human-interest features add emotional depth, if you’re into that kind of thing. But the real history of American history is still driven by white men: Thomas Jefferson, Henry Clay, William Lloyd Garrison, John Brown, John Calhoun, Robert E. Lee, Ulysses S. Grant, Jefferson Davis, Abraham Lincoln, and John Wilkes Booth.

Edward Baptist’s The Half Has Never Been Told: Slavery and the Making of American Capitalism turns that approach upside-down. In his telling, slavery is the story of America. The Pilgrims’ search for religious freedom or the injustice of taxation without representation — those might make good human-interest sidebars. But the spread of English-speaking people across North America is fundamentally about profit, and the profit comes from two primary sources: land stolen from Indians and labor stolen from Africans. Bringing those two together opened a spigot of wealth that white men struggled to control. In that story, the experience of the African slaves — how they lived, the work they did, the culture they built, and how they eventually got their story out — is key. It is a story of progress but not of triumph, and the story continues to this day.

Slave Capitalism. In addition to shifting the focus to slaves [see endnote 1], Baptist fixes another mistake: We tell the triumph of the industrial North and the end of institutionalized slavery as if it were the inevitable result of the inexorable forces of progress. In that version, Southern slave society represents the last gasp of dying feudalism, while the rising tide of capitalism and freedom propels the North.

But in Baptist’s telling, the South is every bit as capitalistic as the North. To Baptist, capitalism is just a way of managing property, and property can be whatever society wants it to be. Today, property can be a copyright, a trademark, or a slice of radio spectrum. Then, property could be people. [2] Capitalism doesn’t care.

Southern slaves were managed capitalistically, not feudally. Feudalism stratifies society, but each stratum is a community that has its rights and duties. Serfs live in serf families, who intermarry with other serf families on land that has been their home for generations. Serf communities may not have much military power compared to their lords, but by appealing to tradition and communal judgment, they can exercise considerable moral force. Serfs might be bound to the land, but neither they nor the land are property in the capitalistic sense; both are entangled by moral obligations that capitalism doesn’t recognize. [3]

In the old slave country of the Chesapeake, slavery could occasionally resemble feudalism, as master families and slave families lived side-by-side for generations. But Maryland, Virginia, and North Carolina — the tobacco country — saturated with slaves early. From the Revolution onward, slaves were an increasingly important cash export, whose price fluctuated with the price of cotton. They might be raised in families and communities, but they were sold as individuals — ripped away from their wives, their husbands, their children, their parents — to wherever the frontier of the cotton country happened to be: first Georgia, then Alabama, Mississippi, Louisiana, and finally Texas.

On the cotton frontier, slaves were simply chattel. They had no families or communities — at least not until later — and could be worked without regard to any moral judgments or human rights. Depending on market conditions, they might be expensive to replace. But they were all replaceable for a price.

Slave efficiency. One of the inevitable-triumph-of-the-North myths is that slavery was inefficient. The idea that free labor is vigorous and creative while slave labor is lazy and stupid was originally British propaganda. Britain banned slavery in 1833, as the rising political power of the working class made the dignity of labor a key talking point. Northern abolitionists picked up the British line, which was then adopted by Union propagandists and eventually by post-Civil-War historians.

It’s not true, and Baptist has the numbers to prove it.

In terms of cotton-bales-per-worker, no system of free labor (prior to the invention of the mechanical cotton-picker in the 1930s) ever matched the slave-labor system of the 1850s. What’s more, cotton productivity was rising at the beginning of the Civil War. It had been rising for decades at a rate of around 2% per year. That’s comparable to the rate of increase in the textile industry of Britain and the North, where machine power was replacing human power.

How did the Southern slavers achieve that astounding managerial feat? Did they have cotton-picking research institutes and extension services that trained slaves in the latest methods? No. They set individualized measurable daily production goals for each slave, and whipped slaves who didn’t meet them. Then they ratcheted up those goals year by year.

The slavers themselves had no idea how the slaves managed to meet the goals as often as they did; most slavers couldn’t have picked cotton efficiently if their lives depended on it. But the threat of daily whipping inspired the slaves’ ingenuity, and compassion led them to teach each other their best techniques. [4]

So no: purely economic considerations wouldn’t have ended slavery at least until the 1930s. And even then, the produce-or-be-whipped motivation system might have performed well in factories, mines, and the kind of crop-picking-by-hand that undocumented immigrant workers still do. Even today, any workplace where produce-or-be-fired is the motivating principle might work more efficiently under produce-or-be-whipped slavery. [5]

The Hidden Connections. Making slavery a MacGuffin and the slave experience a sidebar leads to a one-damn-thing-after-another telling of even the white half of American history. But Baptist’s approach restores the hidden connections between events, and creates a more unified tapestry. I’ll just give just two out of many possible examples: Haiti and Texas.

Haiti. In the usual telling, the Haitian Slave Revolt is only significant because it stokes Southern planters’ fears of a slave revolt in the United States. It’s not directly connected to any other important event, so unless you look it up, it’s hard to remember exactly when it happened.

But Baptiste situates it like this: Before its revolution, sugar-producing Haiti was France’s most profitable New World colony, with exports outstripping all of Britain’s American colonies put together.

The French Revolution created an opening for the Haitian slaves to revolt, and after Napoleon came to power, recapturing Haiti was key to his North American plans. The wealth of Haiti together with the strategic domination of New Orleans over the trade of the Mississippi watershed would be the basis for the expansion of French power throughout the vast-but-untapped Louisiana Territory. Perhaps France might even push the fledgling United States back from the eastern side of the Mississippi.

So Napoleon dispatched two armies: one to recapture Haiti and the other to base itself in New Orleans and prepare for expansion. But when the Haitians defeated the first army, the second was diverted to reinforce it. It was also lost. That massive failure convinced Napoleon to abandon the New World and sell Louisiana to President Jefferson.

So the next time you hear about Americans helping Haiti in some way, don’t think of it as charity. Think of it as repaying a significant debt.

Texas. In the Alamo Myth, the Texas Revolution is a battle for freedom against the imperial domination of Mexico. But actually, the 1824 constitution established after the Mexican revolution from Spain did away with slavery. The Southern slavers who had emigrated to Texas came up with a variety of dodges to keep their slaves, and figured Mexico City was far away. But when Mexico eventually began moving to enforce the ban, slave-holding Texans organized resistance, eventually declaring independence in 1836. So the Alamo really was a battle for freedom, but Jim Bowie and Davy Crockett were on the anti-freedom side.

Around the same time, President Jackson was fulfilling two of his major goals: Getting rid of the Second Bank of the United States and ejecting Indian tribes to the far side of the Mississippi. Removing the Indians opened up large regions for new cotton plantations in Alabama and Mississippi, while getting rid of the central bank initiated a free-wheeling period of American finance.

The result was a slave bubble, much like the recent real-estate bubble. Newly chartered Southern banks sold bonds in Europe collateralized by the mortgages they held — slave mortgages rather than home mortgages — and lent money to virtually any white man with a plan to buy slaves, clear former Indian land purchased cheaply from the government, and plant cotton. When the price of slaves sky-rocketed, that just made them more valuable collateral for bigger mortgages and more mortgage-backed bonds — just like houses in 2007.

Predictably, the world economy couldn’t absorb the sudden increase in cotton production, and falling cotton prices started the Panic of 1837 (conveniently after Jackson had left office). Suddenly, everybody wanted to sell assets for cash, banks were going under, mortgage-backed bonds were in default (leaving state governments on the hook), and lots of would-be cotton magnates had negative net worth. But unlike the houses of 2008, the slaves of 1837 were mobile. And there was Texas, an independent pro-slavery republic where the bankers couldn’t chase you down. All across the south, re-possessing bankers often found nothing but empty buildings and a sign saying “Gone to Texas”.

So the new Texas settlers had stolen black labor twice: once from the blacks themselves, and a second time from the banks and European investors who held mortgages on them.

Continuing illusions. The way we tell our national story affects the way we think about ourselves and our future. It remains far too easy to romanticize the antebellum South, and to replace the brutal abuse of an entire people with a few air-brushed memories of white slavers’ affection for their nannies or valets. (I would tear down every Civil War monument in the South. No one who fought for the slave empire is a hero.)

It is too easy to give the North credit for black freedom, ignoring the slave-trade profits, the Northern land speculators who helped slavery expand, the cheap cotton that made the fortunes of the New England mills, and the markets that Southern wealth created for fledgling Northern industries. Ignoring the African role in the origins of all American wealth makes today’s impoverished blacks seem ungrateful for their food stamps and welfare checks.

And it is too easy to see capitalism simply as a modernizing, beneficent force, rather than an amoral machine that will process whatever assumptions are fed into it. Without the balancing force of democratic government, and without an electorate guided by compassion, justice, and other humane yearnings, capitalism will monetize all values and turn everything into property — including human beings.

Once people are property, they will be used like property — until some political process makes the abuse stop.

[1] In talking about slaves, I’m doing Baptist an injustice, because his terminology reverses the usual objectifications. Instead of slaves, he says enslaved people. It is their masters he de-personalizes as enslavers. He also rarely refers to the slaves’ workplaces as plantations, a word that evokes images of fair Southern belles or genteel men in white suits having drinks on the veranda. Instead, he talks about forced labor camps, presaging Nazi concentration camps and Soviet gulags.

[2] One of the creepiest things in the surviving letters of Jefferson Davis is the way he used the phrase my people. Today, my people are my community, the humans I identify with. But Davis used my people in sentences with my horses or my cattle.

[3] A big chunk of Marx’ Capital describes how the English lower classes suffered as feudal land gradually evolved into capitalistic property.

[4] It’s no coincidence that set-high-goals-and-punish-failure is still a favored policy of the American Right, and that the Right’s center of power is the white population of the old cotton country. See, for example, President Bush’s No Child Left Behind education policy.

[5] In Slavery By Another Name, Douglas Blackmon described how phony vagrancy laws created slave-like prison labor that was used in mines and factories throughout the South until World War II. I reviewed his book in “Slavery Lasted Until Pearl Harbor“.

By weeklysift | Posted in The Sifted Bookshelf | Also tagged | Comments (26)

Justice In Ferguson

March 9, 2015 – 9:15 am

Darren Wilson gets off, but the Ferguson police and courts don’t.

Through the late summer and into the fall, no issue in America was more polarizing than the shooting of Michael Brown and the demonstrations of public anger that it sparked. Objective reality seemed to have vanished. The “facts” you saw or believed or told other people depended almost entirely on your prior commitments, what news sources you trusted, and who your friends were.

In Ferguson’s African-American community, everybody knew somebody who knew somebody who had seen Brown gunned down in cold blood, his hands up, trying to surrender. Meanwhile the police (and later the prosecutor) were doing Darren Wilson’s public relations, selectively leaking whatever evidence supported Wilson’s story or made Michael Brown look like a thug.

When the prosecutor organized a defense of Wilson in front of the grand jury, the result — no indictment — seemed predetermined and changed very few minds. If you had believed Wilson from the start, you felt vindicated. But if not, the Brown’s murder was just one more example of police misconduct swept under the rug.

The federal Department of Justice was uniquely situated to bridge the gap. It had the direct access to the witnesses and evidence that the community lacked, and the desire to find the truth that the police and prosecutor seemed to lack.

Wednesday, the Department of Justice released two reports, one specifically about the Brown shooting and the other examining the general state of policing in Ferguson. Taken as a whole, the two reports fit the narrative of neither side. But I heard a convincing ring of truth in them.

Policing in Ferguson. You get the clearest picture if you read the general report first, because the community’s response to the Brown shooting makes no sense until you understand its long-term relationship to the FPD.

The essence of the problem in Ferguson can be summarized in one sentence:

Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather than by public safety needs.

In other words, the City of Ferguson relies on fines for a major portion of its revenue. It regularly budgets for fines to increase, and it pressures the police department to meet its budget goals by finding more offenses it can cite citizens for. Its municipal court is an opaque, inflexible system that is hard to navigate, particularly if you are poor and/or lack transportation.

As a result, a minor initial offense can snowball into an endless and expensive series of interactions if a citizen fails to appear in court when expected (whether notification of a court date has been received or not) or fails to pay the full fine assessed (regardless of the citizen’s ability to pay).

In short, the Ferguson justice system is predatory and the citizens are the prey.

The report illustrates with many examples — most taken from the FPD’s own files — the following series of abuses:

  • Police regularly stop citizens without probable cause of any wrong-doing.
  • They demand that citizens submit to unjustified searches of their persons or vehicles.
  • Refusal of unlawful commands or attempts to claim constitutional rights are met with punitive arrests and/or violence.
  • While in custody, citizens are controlled by violence and threats of violence. For example, protesting the basis of an arrest, passively refusing to cooperate, or verbally abusing an officer frequently results in being shot with a taser.
  • The FPD ignores its own system for tracking officers’ use of force. When supervisors do submit a report on a use of force, typically only the arrest report written by the officer in question is consulted, even if that report contains internal contradictions.
  • Complaints from the public are discouraged, are frequently ignored, and can result in punitive investigations of the complaining citizens.
  • Officers are rated and promoted based largely on their “productivity”, i.e., the number of revenue-producing citations they write. Citizen complaints or repeated use of force does not significantly affect an officer’s career.

The damage done by a rogue police force can be mitigated by the courts, if the courts are motivated to pursue justice. However,

The Ferguson municipal court handles most charges brought by FPD, and does so not with the primary goal of administering justice or protecting the rights of the accused, but of maximizing revenue.

The municipal court, in other words, is part of the predatory system.

Racism. The report describes a general pattern of abusing the powerless, with sections on the mentally ill or mentally handicapped (whose inability to comprehend or respond to police commands is often taken as resistance and met with violence), and students (the officers assigned to Ferguson high schools escalate situations towards arrests — more revenue! — rather than trying to establish and maintain peace).

But the largest of these sections focuses on racism. The FPD, the city government, and the municipal court are overwhelming staffed by whites, in a city that is two-thirds black. Blacks are disproportionately the prey of the municipal justice system, and the more extreme the police action, the more likely the victim is to be black. For example,

The department’s own records demonstrate that, as with other types of force, canine officers use dogs out of proportion to the threat posed by the people they encounter, leaving serious puncture wounds to nonviolent offenders, some of them children. Furthermore, in every canine bite incident for which racial information is available, the subject was African American. This disparity, in combination with the decision to deploy canines in circumstances with a seemingly low objective threat, suggests that race may play an impermissible role in officers’ decisions to deploy canines.

The more an officer’s discretion is involved in an arrest, the more likely the arrested citizen is black. For example,

With respect to speeding offenses for all roads, African Americans account for 72% of citations based on radar or laser, but 80% of citations based on other or unspecified methods. Thus, as evaluated by radar, African Americans violate the law at lower rates than as evaluated by FPD officers.

Another factor was the practice of police and court employees “fixing” traffic tickets and other municipal citations for friends and relatives. Given the racial composition of the city’s staff, the recipients of these favors were probably overwhelmingly white.

In addition to statistics, the report culled a number of racist emails from the police and court systems. Like:

A November 2008 email stated that President Barack Obama would not be President for very long because “what black man holds a steady job for four years.”

Justice Department investigators could find no record of recipients objecting to such emails or of superiors reprimanding the senders. Often such offensive jokes were forwarded to others.

Reading the report, I was left with an impression not of Klan-like, get-the-niggers racism, but of widespread racial stereotyping that affected decisions at all levels. Being a young black male was in itself seen as probable cause of wrong-doing that police should look into. Uncooperative blacks were seen as inherently violent and dangerous, justifying police violence to control them. Violence directed at blacks was considered a less serious matter than similar incidents against whites* would be. The overall predatory nature of the system was more easily ignored or rationalized because its victims were mostly black.

Michael Brown. When Darren Wilson killed Michael Brown in broad daylight on a city street in front of many witnesses, the African-American community saw a chance for some good to come of this tragedy: Maybe finally the police had done something so outrageous that it couldn’t be covered up. Maybe finally the world would have to notice the abusive system they lived in, and a policeman would have to pay.

It is no wonder, then, that the community was quick to believe the worst about Darren Wilson. Accounts in which he gunned down Brown for no real reason fit very well with the accounts they heard every day from their friends and neighbors: of dogs set on young blacks for no real reason, or tasers used when blacks mouthed off or just didn’t move fast enough to suit police.

Likewise, it is no wonder that witnesses saw what they expected to see, that they exaggerated what they did see, or that they stayed away from TV cameras if what they saw supported Wilson’s account.

The Justice Department’s report on the Brown shooting recommends no charges against Darren Wilson. It goes through the evidence in great detail, and concludes not that everything happened the way Wilson said, but that it could have happened that way. (In Mythbusters terms, Wilson’s story is “plausible”.)

Wilson’s account goes like this: He tried to stop Brown on suspicion of a petty theft (of a handful of small cigars from a convenience store). Brown punched him and reached into his vehicle to struggle for Wilson’s gun. Wilson fired the gun once while inside the car, causing Brown to run away. Wilson pursued, and Brown turned to charge him. Wilson started shooting again, but Brown did not stop until Wilson had fired the fatal shot to the top of Brown’s head.

None of the physical evidence contradicts that story. Some eye-witness testimony supports it. The testimony that contradicts Wilson would not impress a jury, because there are no witnesses who

  • contradict Wilson
  • tell a story consistent with the physical evidence
  • have told the same story consistently to all investigators.

So the Justice Department concludes that prosecuting Wilson would be a waste of time.

The separate accounts of the various witnesses paint a picture of more than just the Brown shooting: a community that wants this shooting to be what it needs rather than what the incident was. Again and again, witnesses against Wilson confess that they have mixed the part of the event they saw with what they have heard on the street. Witnesses supporting Wilson are reluctant to come forward, either because they want Wilson convicted or because they don’t want to be known in the community as the witness who got Wilson off. Some just don’t talk and we don’t know why.

Putting the two reports together, I am left with questions about Wilson, even if I know that I couldn’t vote to convict him. Was killing Brown really necessary, or was it the kind of punitive violence that is endemic in the FPD? To what extent was Wilson worried about his own safety, and to what extent was he just angry that Brown disrespected his authority? (For example, Wilson explains why he reached for his gun rather than his taser during the struggle in his SUV. He doesn’t explain why — given a brief period of time to collect himself before pursuing Brown — he didn’t switch weapons.) Was it really necessary to keep firing, or did the stereotype of the unstoppable black beast affect Wilson’s decision? (Wilson’s choice of words — comparing Brown to a demon — suggests it did.)

I’ll never know for sure. But I couldn’t convict Wilson just on my questions. He should go free.

Justice. In the end, although the Justice Department hasn’t given the black citizens of Ferguson Darren Wilson’s scalp, it has given them what they really need: Exposure of the corrupt and predatory system they live under, and some hope of relief.

Friday, Attorney General Holder pledged that the Justice Department is “prepared to use all the power that we have … to ensure that the situation changes.”

Asked if that included dismantling the Ferguson Police Department, Holder said, “If that’s what’s necessary, we’re prepared to do that.”

Sunday’s NYT illustrated all the ways that Ferguson is not unique, particularly in St. Louis County, but also in communities across the country. There are other predatory police-and-court systems out there. Those towns and cities will be watching Ferguson closely. If the DoJ follows through, the effects could ripple across the nation.

That may not be the conclusion that either side was asking for, but it may be the best ending this tragic story could have received.

* For contrast, consider this:

In one 2012 incident, for example, officers reported responding to a fight in progress at a local bar that involved white suspects. Officers reported encountering “40-50 people actively fighting, throwing bottles and glasses, as well as chairs.” The report noted that “one subject had his ear bitten off.” While the responding officers reported using force, they only used “minimal baton and flashlight strikes as well as fists, muscling techniques and knee strikes.” While the report states that “due to the amount of subjects fighting, no physical arrests were possible,” it notes also that four subjects were brought to the station for “safekeeping.”
By weeklysift | Posted in Articles | Also tagged | Comments (24)

The Liberal-on-Liberal Debate Over Political Correctness

February 2, 2015 – 9:24 am

A fascinating argument was touched off when Jonathan Chait, a writer I usually like, posted “Not a Very P.C. Thing to Say: how the language police are perverting liberalism” on the New York magazine site.

Chait began by recounting an incident that really is objectionable: A Muslim man at the University of Michigan wrote a column for the campus conservative newspaper of the sort that campus conservatives think is clever, a spoof of someone from a marginalized group looking for things to be offended by. Not my cup of tea (or probably Chait’s either, for that matter) but what upset Chait was the reaction: Four people littered the steps of the student’s apartment building with copies of his column written over with insulting and hostile messages.

Up to that point, Chait was on firm ground; that kind of intimidation isn’t an appropriate response. But from there he segued into a stream of conservative tropes:

Political correctness is a style of politics in which the more radical members of the left attempt to regulate political discourse by defining opposing views as bigoted and illegitimate. Two decades ago, the only communities where the left could exert such hegemonic control lay within academia, which gave it an influence on intellectual life far out of proportion to its numeric size. Today’s political correctness flourishes most consequentially on social media, where it enjoys a frisson of cool and vast new cultural reach. And since social media is also now the milieu that hosts most political debate, the new p.c. has attained an influence over mainstream journalism and commentary beyond that of the old.

Naturally, conservative writers loved watching liberals argue about this. The Federalist‘s Robert Tracinski wrote:

I have observed several times before that the actual essence of the Obama era’s “post-racial” politics is: white people calling other white people racist. The true icons of racial politics in our era are not a fiery Jeremiah Wright or Jesse Jackson or even Al Sharpton, taking the white man to task for keep black folk down. No, it is the average Obama voter—a left-leaning, college-educated white person like, well, like Jonathan Chait, who uses his support for Obama and the Democrats’ agenda as evidence of his enlightenment, which in his mind makes him superior to Obama’s critics, who must be motivated by insidious, secret racism. … So you can see Chait’s dismay at seeing good white “liberals” have their Not Racist credentials challenged by those who are farther out on the left. Don’t they know how the system is supposed to work?

Because that whole “racism” thing is such a scam in the post-Jim-Crow era, when we all have equal opportunities and are treated the same wherever we go.

I thought about writing my own Chait-response article, but other liberals — mostly people Jonathan Korman linked to on Facebook (thanks!) — have been doing a better job than the first ideas that occurred to me, so I’ll mostly just link to them and decide at the end whether I have anything worth adding.

My problem with Chait is simple: As long as we’re not talking vandalism or violence or physical intimidation — and we’re not, in almost all of the cases he mentions other than that first one — saying that somebody’s view is “bigoted and illegitimate” is just as much an exercise of free speech as whatever that person said in the first place.

But wait, Belle Waring said it better:

People like Chait also don’t merely want to be allowed to say whatever they wish about whomever they wish for the sake of debate itself. Because he can already say whatever he damn well pleases! Look at him go! What he wants is the right to both say things which are offensive to some people and remain a liberal in good standing once he has said them. This is a stupid right which no one should have. … Chait wants to say offensive things and not be criticized.

And for Chait to write off such objections as “political correctness” … doesn’t that label represent the same kind of de-legitimization he is objecting to? But Vox‘s Amanda Taub has that covered:

First things first: there’s no such thing as “political correctness.” The term’s in wide use, certainly, but has no actual fixed or specific meaning. What defines it is not what it describes but how it’s used: as a way to dismiss a concern or demand as a frivolous grievance rather than a real issue.

Chait identifies a long list of disputes that he describes as examples of “p.c.” demands that are hurting mainstream liberalism. But calling these concerns “political correctness” is another way of saying that they aren’t important enough to be addressed on their merits. And all that really means is that they’re not important to Jonathan Chait.

Because it’s up to white men (like me and Chait) to decide whether your concerns deserve attention, or if you’re just being too sensitive. We’ll let you know what we decide, but until then try to keep the noise down so that you don’t disturb the neighbors.

Anti-war activist Fredrik deBoer offered a more nuanced opinion: Chait may be full of it, but that doesn’t mean there’s no problem in left-wing discourse. He described a series of situations where he’s seen left-wing groups chase away potential young recruits by coming down way too hard on them the first time they say something that offends a marginalized group — which is bound to happen, because marginalized groups have been marginalized; if you don’t belong to the group, you probably have never been taught how to consider their point of view, and you won’t figure it out until you go through a certain amount of well-intentioned trial and error. In the long run, might it be more productive to point out and correct those errors in a nicer way?

I don’t want these kids to be more like Jon Chait. I sure as hell don’t want them to be less left-wing. I want them to be more left-wing. I want a left that can win, and there’s no way I can have that when the actually-existing left sheds potential allies at an impossible rate. But the prohibition against ever telling anyone to be friendlier and more forgiving is so powerful and calcified it’s a permanent feature of today’s progressivism. And I’m left as this sad old 33 year old teacher who no longer has the slightest fucking idea what to say to the many brilliant, passionate young people whose only crime is not already being perfect.

An interesting detail: In deBoer’s examples, the people coming down hard on the newcomers are themselves from privileged backgrounds, which suggests that a cycle-of-abuse thing might be going on: I got hazed when I joined the movement, so I’ll be damned if I let you get away with anything.

Like deBoer, Julian What’s-He-Doing-At-the-Cato-Institute Sanchez starts with an accurate critique of Chait:

For people accustomed to seeing their opinions greeted with everything from dismissive condescension to harassment and death threats, a successful writer complaining from a perch at New York magazine about his friends being “bludgeoned… into despondent silence”—because people are mean on social media—simply sounded whiny.  Chait also moves a bit too seamlessly from real, honest-to-God censorship by public institutions to more informal social pressure in a way that makes it sound like he’s conflating them—claiming that criticism is somehow tantamount to censorship or repression.

But then he goes deeper. Every movement, Sanchez says, needs to watch out for a certain discussion-constraining dynamic: When the group’s extreme fringe takes its good ideas too far, it’s a thankless job for anyone within the movement to say, “Hey, wait a minute.” So instead, that criticism winds up being made by opponents, who just want to shut the group down. And once that starts happening, any insider who raises a similar point is siding with the enemy, and implicitly endorsing the whole ream of bogus criticisms enemies raise.

When teetotalers are the only ones willing to say “maybe you’ve had one too many,” because your friends are worried about sounding like abstemious scolds, the advice is a lot easier to dismiss. Which is fine until it’s time to drive home.

You see this dynamic, in fact, with the response to Chait’s essay: Progressives who think maybe he’s kinda-sorta got a point quickly move on, ceding the field to those who want to revoke his ally card and conservatives eager to welcome him, at least for the next ten seconds, to “their” side. … And this makes it still easier to conclude that nothing interesting or valuable is lost by any self-censorship that may be occurring. We know what the counterargument looks like, after all: It’s the garbage those assholes are spouting. Discourse gets increasingly polarized and, in the process, stupider. Which, again, seems like a bad outcome even if you don’t particularly care whether Jon Chait gets his feelings hurt.

So, do I have anything to add to that? Maybe I’ll just kibbitz a little to resolve the apparent contradiction between two people I think are both right: Taub saying PC doesn’t exist and Waring talking about it as a real thing that has positive value.

Let’s start with the definition I gave in “A Conservative-to-English Lexicon“:

Political correctness. The bizarre liberal belief that whites, men, straights, Christians, the rich, and other Americans in positions of privilege should treat less privileged people with respect, even though such people have no power to force them to.

Removing the snark: political correctness is the attempt to extend to powerless people the same kind of courtesy that powerful people can take for granted.

Just as an example, suppose you work for a large corporation and somehow find yourself talking to the Big Boss. Maybe you’re on an elevator together or standing in line next to him at the cafeteria, hard as that is to imagine. Naturally, the wheels in your head are spinning as you try to imagine his point of view, so that nothing you say or do will accidentally offend him. But if you were in a similar situation with a janitor or some other person of low rank, you probably wouldn’t work your empathy nearly so hard.

Maybe you should. Or maybe you should at least work your empathy harder than most of us usually do.

Extend that to groups. When you belong to a powerful group — say, men or whites or straights or something similarly normative in our culture — you can take for granted that nearly everyone you run into has a general appreciation of your point of view and knows better than to piss you off in obvious ways. Members of marginalized groups can’t assume that. They’re constantly being jostled or hassled or put on the spot; occasionally by haters, but more often by ordinary folks who can’t be bothered to think too hard about them. PC is the attempt to raise the overall level of consideration to the level that powerful groups take for granted.

That, I think, is the PC that Waring sees value in.

Taub, on the other hand, is talking not about PC as it would be defined by its practitioners, but about the undefined negative label that gets thrown around by critics. And she’s right: The most common usage of “political correctness” in the media is to label some issue as beneath my concern, because the people being offended or victimized or insulted aren’t people I care about, and aren’t powerful enough to make me care.

I think maybe I should add that usage to the Lexicon.

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Am I Charlie? Should I Be?

January 12, 2015 – 9:47 am

Let me start by saying what should be obvious, something I hope will provoke no disagreement: Nothing that people say or write or draw should get them killed. Not by a government, a church, a political party, or offended individuals. No opinion or blasphemy or insult or truth or lie, no matter how it’s packaged or delivered, justifies violence.

In almost every case, the proper response to speech is speech, or perhaps a shocked or dignified silence. Truth is the best answer to lies, insight the proper response to fallacy. Sometimes an insult can be topped by a cleverer insult, and sometimes it’s wiser to walk away. If a comedian tells a cruel joke and the audience responds with stunned silence, justice has been served. No violence is necessary or called for or warranted. Say what you may, you don’t “have it coming”. As Hassen Chalghoumi, the Muslim imam of the Paris suburb Drancy said in response to the Charlie Hebdo killings:

We can argue over liberty, but when we’re in disagreement we respond to art with art, to wit with wit. We never respond to a drawing with blood. No! Never.

Even the classic exception — yelling “Fire!” in a crowded theater — just calls for someone to put a hand over your mouth and hustle you out the door, maybe to face a misdemeanor charge that underlines the seriousness of the situation. No beat-down is necessary. No lengthy imprisonment. No execution.

Nothing you say or write or draw should get you killed.

My next point isn’t quite as obvious, but also shouldn’t be controversial: Some legal speech should be socially unacceptable. After Mel Gibson went on a drunken rant about the “fucking Jews”, he wasn’t imprisoned or assassinated, but his popularity took a dive. When Duck Dynasty‘s Phil Robertson spewed a lot of demeaning nonsense about gays, blacks, and anyone who isn’t Christian, he was not arrested, but the show’s ratings dropped.

If I started sprinkling words like nigger and faggot through all my conversations, I would be breaking no laws, but people would avoid me. If I talked like that in a workplace, to my co-workers or our employer’s customers, I’d probably get fired. That’s an entirely appropriate response that has nothing to do with free speech.

Free speech has social consequences. If you want to be protected against the nonviolent social consequences of what you say, you’re talking about something else, not free speech.

Free speech also doesn’t require anyone to sponsor my speech or provide a convenient platform for me to say things they find offensive. (That actually isn’t hypothetical; I occasionally get invitations to speak in public, which I believe would dry up if I made a habit of saying racist or otherwise hateful things.) So when A&E briefly decided to separate itself from Robertson (and then reversed that decision), that wasn’t about free speech. Neither were the examples raised by David Brooks Thursday in his NYT column. If the University of Illinois doesn’t want to pay a Catholic priest to preach his doctrine in a for-credit class as an adjunct professor (and then reverses that decision), that might violate academic freedom (depending on what academic freedom means in the tradition of that school), but not freedom of speech. If universities do or don’t want to host Ayaan Hirsi Ali or Bill Maher, that’s a sponsored-speech issue, not a free-speech issue.

If people respond to what I say by calling it “hate speech” or by calling me a racist or sexist or some other name I don’t like, my rights have not been violated. (No matter what Sarah Palin thinks the First Amendment says.) Those words don’t have some magical power to “silence” people. Free speech doesn’t end when I’m done speaking; other people get to speak too — about me, if they want.

So I should be free to say or write or draw what I want without violence, but everybody else should be free to argue with me or insult me or shun me, if that seems appropriate to them. And if your response to me seems over-the-top to some third person, he or she should be free to criticize or insult or shun you too. That’s how freedom works.

So am I Charlie? After 9-11, Le Monde titled an editorial “Nous sommes tous Américains” — we are all Americans. For decades, the French had resented being in the shadow of American power, and had been reluctant allies at best. But in 9-11 Le Monde saw a violation of the civilized principles France and America share, and realized that what had happened to us could happen to them. So they put aside any petty urge to gloat over our misfortune and instead chose to identify with us: In the aftermath of 9-11, we were all Americans, even if we happened to be French.

In the same spirit, the Charlie Hebdo massacre in Paris has people all over the world saying “Je suis Charlie” — I am Charlie. (Wednesday, it led to a Le Monde op-ed by American ambassador Jane Hartley gratefully recalling “Nous sommes tous Américains”.) But are we really Charlie? Should we be?

There are a lot of ways in which we are all Charlie, or wish we had it in us to be Charlie. Charlie Hebdo is a satirical magazine that refused to back down when it was threatened or even attacked. (It’s still not backing down; the next issue will have a million-copy run.) All of us want to speak freely, and want to identify with people who stand up to intimidation and bullying, even if we don’t always stand up ourselves. Nobody wants to see the bullies win.

To that end, a lot of web sites have been re-posting the Charlie cartoons that offended Muslims (with translations at Vox), and are presumably the ones that 12 people died for. If anybody thinks that murder is an effective way to suppress cartoons, they should find out how wrong they are. Here’s one:

“Muhammad Overwhelmed by Fundamentalists” says the headline, and Vox has a red-faced Muhammad saying “It’s hard to be loved by idiots.” That sentiment would also fit well in Jesus’ mouth, IMHO, and would make the cartoon funny, if that’s what it really said. I could imagine such a cartoon in The Onion.

But something isn’t quite right about Vox‘s translation, because idiot is a perfectly fine French word, and Muhammad isn’t saying it. French has never been my subject, but after a little poking around online, I’m suspecting that cons is actually closer to cunts, which changes the impact considerably. (That’s also the translation favored by Saturn’s Repository.)

Then there’s the cartoon I won’t re-post, but The Hooded Utilitarian did: the one that turns the Boko Haram sex slaves into welfare queens. Is that supposed to be funny?

The American media has been portraying Charlie Hebdo almost as a French equivalent of irreverent American publications like The Onion or Mad, but it really isn’t. Something much darker has been going on. Charlie wasn’t just trying to be funny without worrying who it offended; it was trying to offend people for the sake of offending them, while maybe incidentally being funny. And although you can find examples here and there of attacks on Catholics or Jews, it put special effort into offending Muslims.

Which leads to the next question: If Charlie Hebdo was attacked for baiting Muslims, should those of us who find ourselves identifying with Charlie carry on its mission by doing our own Muslim baiting?

For me, that’s where Je suis Charlie starts to break down. Glenn Greenwald makes the obvious comparison:

[I]t is self-evident that if a writer who specialized in overtly anti-black or anti-Semitic screeds had been murdered for their ideas, there would be no widespread calls to republish their trash in “solidarity” with their free speech rights.

Greenwald (who is of Jewish heritage but was not raised in any organized religion) illustrates that point by posting an ugly series of anti-Semitic cartoons and asking: “Is it time for me to be celebrated for my brave and noble defense of free speech rights?”

Punching down. Humor works best as a weapon of the weak against the powerful. But when the powerful make fun of the weak — like when popular high school jocks trip the new kid into a mud puddle and laugh — it soon stops being humorous and turns ugly.

Sometimes telling the weak from the powerful is tricky. When Rush Limbaugh plays “Barack the Magic Negro” on his show, is he a free citizen lampooning a powerful politician, or a rich and influential white celebrity telling American blacks that even the best of them don’t deserve his respect? I can imagine someone taking the first view, but the mere existence of the second restrains me from laughing.

In France, Muslims are not just a minority religion, they are an underclass. Many come from former French colonies like Algeria, and work low-status jobs for considerably less than the average French wage. Whatever other messages Charlie Hebdo‘s anti-Muslim cartoons might send, they also express the social power that educated white Frenchmen have over their darker-skinned menials. And that makes those drawings considerably less funny.

The Hooded Utilitarian sums up:

White men punching down is not a recipe for good satire, and needs to be called out. People getting upset does not prove that the satire was good. And, this is the hardest part, the murder of the satirists in question does not prove that their satire was good.

Satire, even bad satire or bigoted satire, is not something anybody should be killed for — or arrested or beaten up or vandalized for. I’m not making a both-sides-are-wrong point, because the wrong on one side is completely out of scale with the other. But that doesn’t mean I want to celebrate anti-Muslim bigotry.

So in some ways I want to be Charlie and in other ways I don’t. I hope that if anyone ever tries to intimidate me out of speaking my mind, I will be as courageous as the staff of Charlie Hebdo. I hope their successors remain free to print what they want, and that the people who appreciate their work remain free to buy it. But I can’t endorse what they published. All speech should be legal and free from violence, but some should be socially unacceptable.

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Will Republicans Ever Have a Sister Souljah Moment?

January 5, 2015 – 8:23 am

Now that he’s under duress, Steve Scalise will denounce David Duke. But when it mattered, he courted Duke’s racist voters. Will a Republican ever intentionally offend extremists in the base to gain credibility with the center?

Louisiana Congressman Steve Scalise is the new member of the Republican House leadership, replacing Eric Cantor, who lost his primary to a Koch-brothers candidate. Scalise is supposed to be the link between the leadership and the GOP’s extreme right wing, a role he appears to be good at.

But a funny thing happened: A blogger* (Lamar White Jr.) did some digging and found out that in 2002, then-state-rep Scalise was “an honored guest and speaker at an international conference of white supremacist leaders.” The group was the European-American Unity and Rights Organization (EURO), a hate group established by KKK-Grand-Wizard-turned-Republican-politician David Duke.

Now Scalise says he doesn’t remember the event (which an aide said it was “highly likely” he had attended), and there’s a complicated version of the story in which it’s all a big misunderstanding; he just happened to be speaking at the same hotel at the same time to a lot of the same people. (Under further investigation, this version is falling apart.) Scalise claims he wouldn’t have spoken to EURO if he’d known what they were. He mentions giving hundreds of speeches with just one staffer, implying that the EURO gig just slipped through the cracks somehow.

But that explanation doesn’t pass the smell test. Duke was not an inconsequential figure in Louisiana politics in 2002. In 1991 he had stunned the state Republican Party by out-polling the establishment Republican candidate in the primary and winding up in a run-off for governor. (In the run-off, a national controversy in which Duke’s Klan-leader past was a major issue, he got a majority of the white vote and 39% statewide. If the Voting Rights Act of 1965 hadn’t enfranchised blacks, Duke would have become governor.)

In his early campaigns, Scalise at times consciously courted Duke voters. A Roll Call article from 1999 reported on a congressional race Duke was considering:

Another potential candidate, state Rep. Steve Scalise (R), said he embraces many of the same “conservative” views as Duke, but is far more viable. … “The voters in this district are smart enough to realize that they need to get behind someone who not only believes in the issues they care about, but also can get elected. Duke has proven that he can’t get elected, and that’s the first and most important thing.”

Three years later, Scalise couldn’t have just not noticed that David Duke was leading EURO now, or not known what that meant.

The New Republic‘s Brian Beutler makes the right point: The problem this incident illustrates isn’t that Scalise himself is or was a white supremacist — he probably isn’t and wasn’t. But (especially in the South) white racists have become a key component of the Republican base, one that a canny politician has to court, even if he can’t publicly endorse their ideology.

if in 1999 you said “the first and most important thing” about Duke was merely that he couldn’t get elected, rather than his despicable racism, it says something important about the voters you were trying not to offend. Many of those voters are still alive today.

In Democratic circles, you frequently hear talk about a “Sister Souljah moment“, which has been defined as “a key moment when the candidate takes what at least appears to be a bold stand against certain extremes in their party”. The paradigmic SSM was when candidate Bill Clinton denounced statements by black rapper Sister Souljah, saying “If you took the words ‘white’ and ‘black,’ and you reversed them, you might think David Duke was giving that speech.”

But SSMs only happen on the Left. (The article I took that definition from discussed Mitt Romney’s missed opportunity for an SSM, when he failed to denounce Rush Limbaugh’s grotesque slut-shaming of Sandra Fluke, saying only that slut was “not the language I would have used“. The substance of Limbaugh’s comments was apparently fine with Mitt; only his language was objectionable.) When the national media gets focused on an issue like Scalise’s EURO speech, conservative politicians can be cornered into rejecting an extremist like David Duke or Cliven Bundy — and can’t be cornered into rejecting Rush Limbaugh, no matter he says or does — but no Republican creates such moments to demonstrate his or her reasonableness to the moderate voter.

So no Republican presidential candidate — not even a so-called “moderate” like Jeb Bush or Chris Christie — is going to confront conservative extremists with reasonable positions and intentionally get himself booed.** No one is going to tell CPAC that the party needs to move to the center, or endorse background checks in front of the NRA, or defend church-and-state separation at the Values Voters Summit, or confront the Energy Alliance with the facts of climate science, or tell white racists that he really isn’t interested in their support.

Instead, if candidates don’t feel comfortable endorsing extremist views outright, they will dog-whistle to these groups, as Scalise did to EURO in 2002***, or Ronald Reagan did to white racists in 1980. They’ll present their conservative bona fides to CPAC, defend “constitutional rights” to the NRA, endorse “traditional values” to the values voters, identify with “sound science” in front of the Energy Alliance, and talk to white racists about the deficiencies of “inner city culture”.

Everyone in the room will know what those words mean. The extremists will come out feeling that the candidate agrees with them in his heart, but his agreement will be deniable in front of the general public.

Maybe someday there will be Sister Souljah moment on the Right. But not yet. The crazies are too important a constituency, so all serious Republican candidates have to pander to them.

* Can we finally put to bed the canard popular among mainstream journalists that they do all the investigative reporting, while bloggers just bloviate based on mainstream journalists’ discoveries? Bloggers may not have access to anonymous “highly placed sources” and can’t score interviews with Dick Cheney, but collectively we plow through a lot of original source documents. White apparently rummaged through the online archives of the white-supremacist Stormfront group. I doubt he had to elbow any Washington Post reporters out of the way.

** Romney did construct a reverse-SSM when he intentionally evoked boos from an NAACP gathering, thereby proving to extremists in his own party that he would stand up to black leaders.

*** According to a contemporary Stormfront account, Scalise didn’t directly endorse white supremacy at the EURO meeting. (But if Scalise thought he was speaking to some other group, that distinction apparently was lost on the Stormfront commenter, whose subject-line says “EURO/New Orleans 2002”.) Instead, he spoke about a topic white supremacists would appreciate: government favoritism to blacks.

Representative Scalise brought into sharp focus the dire circumstances pervasive in many important, under-funded needs of the community at the expense of graft within the Housing and Urban Development Fund, an apparent give-away to a selective group based on race.

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This Time, Will the Outrage Matter?

December 1, 2014 – 10:12 am

Objective people could come to different conclusions about Darren Wilson’s guilt. But no one can argue objectively that the investigation of Michael Brown’s death was impartial and conducted appropriately.

Monday night, after Prosecutor Bob McCulloch announced the grand jury decision not to indict Officer Darren Wilson for the shooting death of Michael Brown — my Facebook news feed exploded with anger: Wilson got away with murder. Police have free rein to keep shooting young black men. Black lives don’t count. And much more.

I had heard similar outrage when Trayvon Martin’s killer walked free. And yet, nothing changed; if it had, we wouldn’t be doing this all over again, would we? Will anything change this time? Or will we be right back here in another few months — another unarmed black youth killed by a cop or vigilante, who faces no substantive consequences?

After Trayvon, we already know how the nothing-changes path looks: Rather than evidence of systemic dysfunction, the case becomes an identity marker in the endless Red/Blue partisan battle: George Zimmerman is a racist murderer, or Trayvon Martin was a thug who got what was coming to him. There seems to be no objective truth; you just pick your side and wave its flag. To one side, the martyrdom of an innocent motivates change. To the other, failure of yet another an attempt to railroad a good man is proof that the system works, but just barely; give an inch, and the next time the grievance industry wins.

It’s already easy to see how that could happen again. If I had a different batch of Facebook friends, no doubt my news feed would have exploded with reactions of a different flavor: I always knew there was nothing to that case. It was obvious a bunch of the witnesses were lying, and when the grand jury had all the evidence in front of it, they agreed. What a shame Officer Wilson decided to resign — all the liars who smeared him should be prosecuted for perjury. The whole thing was all just an excuse to riot.

If we want anything different to happen this time, I think we need to re-establish the notion that there is an objective truth to this matter — the kind that persuades the uncommitted and converts some of the opposition — and that objectively, the system did not work. More than that, we need to argue that the reasons it did not work are not specific to the details of the Brown shooting; the same reasons will continue to endanger innocent people until something changes.

As in every attempt to speak the truth, this means choosing our words carefully, rather than saying whatever it feels good to say. That’s what I’m going to try to do.

Here’s my best statement of what went wrong: The process was rigged to get Darren Wilson off. And the same forces that created this rigged process will still be there for the next case.

Notice what I didn’t say: that Darren Wilson murdered Michael Brown. I didn’t say it because (although I suspect it) I don’t actually know that it’s true. But I have no doubt whatsoever that the process was rigged, and I believe that any person who looks at the situation objectively will have to agree.

In refusing to say that Wilson murdered Brown, I am also refusing to get into the minutia of the evidence — which witnesses were and weren’t believable, what the autopsy or the forensic evidence said, and so on. That’s one prime way that the Red/Blue debate goes nowhere: by producing fractal he-said/she-said arguments that spin off ever-smaller he-said/she-said arguments, until the larger point the case exemplifies is lost.*

You don’t have to go into any of that to see that the process was rigged at two levels:

  • The Ferguson police were more focused on getting Wilson off than finding the truth.
  • The prosecutor subverted the ordinary grand jury process in Wilson’s favor.

The police. The Washington Post outlined the ways that crime-scene protocols were ignored in gathering the initial evidence:

When Ferguson, Mo., police officer Darren Wilson left the scene of the fatal shooting of unarmed teenager Michael Brown, the officer returned to the police station unescorted, washed blood off his hands and placed his recently fired pistol into an evidence bag himself. … the officers who interviewed Wilson immediately after the shooting did not tape the conversations. The [grand jury] transcripts also showed that an investigator from the medical examiner’s office opted not to take measurements at the crime scene and arrived there believing that what happened between Brown and Wilson was “self-explanatory.’’

In addition, the Ferguson police violated their internal protocol by not creating a use-of-force report. As a result, Officer Wilson had the time to concoct an account of the shooting that covered all the points necessary to avoid guilt without directly contradicting the undeniable physical evidence. (Again, we do not know that he did so — perhaps his hard-to-believe story is actually true — we only know that the Ferguson police gave him that opportunity by violating all their usual procedures.)

If I had any temptation to give the Ferguson police the benefit of the doubt — maybe they were just so shocked that one of their own could be a suspect that they forgot how to do their jobs — it vanished when the police started acting as the unofficial Darren Wilson Public Relations Department. As a Justice Department spokesman put it: “There seems to be an inappropriate effort to influence public opinion about this case.” At a time when the police were still withholding the name of the officer and the number of shots fired, they released video of Brown appearing to steal cigars from a convenience store, and leaked that the autopsy had shown THC in his bloodstream. As for the false rumor (with fake photo**, no less) that Wilson had suffered a fractured eye socket — we have no way of knowing whether that came from police or not.

The prosecutor. In the day-to-day course of their jobs, prosecutors work hand-in-glove with police. So if the police have circled the wagons around one of their own, it takes a brave local prosecutor to go against them.

That’s why Governor Nixon was urged to appoint a special prosecutor, one who had no prior relationship with either Michael Brown or the Ferguson police. He refused, saying:

There is a well-established process by which a prosecutor can recuse themselves from a pending investigation, and a special prosecutor be appointed.  Departing from this established process could unnecessarily inject legal uncertainty into this matter and potentially jeopardize the prosecution.

In other words, procedural abnormalities that worked in Officer Wilson’s favor were fine, but any that might counter that bias would “inject legal uncertainty”.

As a result, Prosecutor Bob McCulloch engineered something that bore no resemblance to a typical grand jury.

The ordinary purpose of a grand jury is to determine whether probable cause exists to move on to a trial. In other words: Does the prosecution have a case that would be convincing in the absence of any defense rebuttal? For this reason, a grand jury investigation is entirely the prosecutor’s show; he is under no obligation to present evidence that favors the suspect, or to challenge the testimony of witnesses against the suspect.

As Justice Scalia (of all people) wrote in a different case:

It is the grand jury’s function not ‘to enquire … upon what foundation [the charge may be] denied,’ or otherwise to try the suspect’s defenses, but only to examine ‘upon what foundation [the charge] is made’ by the prosecutor. … As a consequence, neither in this country nor in England has the suspect under investigation by the grand jury ever been thought to have a right to testify or to have exculpatory evidence presented.

But the ordinary grand jury process assumes the prosecutor is motivated to get an indictment; it completely misfires if his intention is not to get an indictment.

Instead, McCulloch ran the equivalent of a trial, but one that had only a defense attorney, not a prosecutor. Law Professor Marjorie Cohn explained:

[McCulloch] put the grand jury in the role of being a trier of fact, which is not its role. The grand jury was put in the position of basically being a jury, but in a one-sided, closed proceeding.

Witnesses whose testimony indicated that Wilson was not in danger, that Brown was far away and surrendering when Wilson gunned him down, were grilled hard. In McCulloch’s words, they were “confronted with the inconsistencies and conflict between their statements and the physical evidence”.

But one witness was treated with unusual deference: Officer Wilson himself. His unusual story — in which Brown does everything he can to goad Wilson into shooting him — was not challenged in any way. MSNBC legal analyst Lisa Bloom tweeted that the cross-examination “Should have been a grueling session, not the tea party the transcript shows.” She focused on the conflict between Wilson’s statements about Brown’s attack and his incredible strength, and Wilson’s complete lack of injury when examined afterwards.

San Francisco Public Defender Jeff Adachi suggests another opening that a serious cross-examination might have pursued:

Wilson’s description of Brown as a “demon” with superhuman strength and unremitting rage, and his description of the neighborhood as “hostile,” illustrate implicit racial bias that taints use-of-force decisions. These biases surely contribute to the fact that African Americans are 21 times more likely to be shot by police than whites in the U.S., but the statement’s racial implications remained unexamined.

The icing on this misshapen cake was identified by Lawrence O’Donnell: The grand jury was misled about the law. Vox summaries:

Before Wilson testified to the grand jury on September 16, prosecutors gave grand jurors an outdated statute that said police officers can shoot a suspect that’s simply fleeing. This statute was deemed unconstitutional by the US Supreme Court in 1985; the court ruled that a fleeing suspect must, at least in a police officer’s reasonable view, pose a dangerous threat to someone or have committed a violent felony to justify a shooting.

Like the Ferguson police, McCulloch also joined the Wilson public-relations effort. Repeated leaks from the grand jury were all favorable to Wilson. His public statement announcing the non-indictment — itself a nearly unprecedented event — “read like a closing argument for the defense” according to a University of Missouri law professor.

His release of the grand jury transcripts — also highly unusual — merely reinforced the need for a trial. As The New Republic‘s Noam Scheiber put it:

The problem with this is that we already have a forum for establishing the underlying facts of a case—and, no less important, for convincing the public that justice is being served in a particular case. It’s called a trial. It, rather than the post-grand jury press conference, is where lawyers typically introduce mounds of evidence to the public, litigate arguments extensively, and generally establish whether or not someone is guilty of a crime.

Objective people could come to different conclusions about Wilson’s guilt. They might disagree about which witnesses were credible, and envision the scene differently. But no one can argue objectively the investigation of Brown’s death was impartial and conducted appropriately.

So what if the process was rigged? If you believe Wilson was justified, you may not care that Michael Brown’s killing was never impartially investigated. The reason you should is that police killings and other police violence against unarmed victims in questionable circumstances is not rare in America.

No one keeps track of the exact number, but at least 400 Americans are killed by police each year, compared to (for example) six in Germany in 2011. No one knows how many of these shootings were of unarmed and otherwise unthreatening people, but now that the world is filling up with cameras, we’re seeing more and more videos of such cases. (Conor Friedersdorf collects several.)

You and I weren’t the only ones watching the rigged process that protected Darren Wilson. Police all over the country were watching with great interest. And they learned that if they over-react and kill someone — perhaps particularly if they kill a young black man, but more generally as well — they are very unlikely to be held accountable. Their colleagues will protect them, and prosecutors will not want to take a stand against them.

Several reforms are needed, which Friedersdorf lists: lapel cameras for police, dashboard cameras for police cars, independent prosecutors in cases where police are suspects, and more.

Wisconsin has such an independent-prosecutor law, probably because that state had the perfect poster case: Michael Bell, a white retired Air Force colonel whose son was shot in the head by police in 2004 after his hands had been cuffed behind his back. With the Bell case in front of them, even white citizens understood that unjustified police violence could happen to them.

Black citizens had always known.

* It’s worth pointing out that endless argument is not a draw; it’s a victory for the side that believes nothing should change.

** The fake photo trick was also used in the Trayvon Martin case.

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5 Lessons to Remember as Ferguson Fades into History

September 1, 2014 – 9:53 am

If you learned anything from Ferguson, how are you planning to hang on to it?

Remember the days right after the Newtown Massacre? For a week, maybe two, it seemed like the country had finally woken up and nothing would ever be the same. Twenty innocent children were dead, along with six adults who tried to protect them. And it was our fault. Mass shootings had been happening more and more often for years, and — unlike Australia, which had the same problem and solved it — we’d done nothing. But now that was all going to change.

Be a Target(ed) shopper.

It didn’t. Within months, all the vested interests that benefit from our crazy lack of gun laws had re-asserted themselves, and nothing happened. Or rather, things continued getting worse, with the momentum still on the side of the guns-everywhere movement. Instead of trying to get rid of assault rifles (or at least keep them away from the mentally ill), we’re debating whether or not you can hang one over your shoulder while you shop for Oreos. (The ad to the right is a parody, but the picture is genuine.)

So now we’ve had Ferguson, another national trauma that has mesmerized the media and caused a number of people to see the light on some important issues. Maybe someday we’ll look back and see the Michael Brown shooting and the ensuing protests as a tipping point, a moment when things started to turn around. Or maybe we have just briefly tossed in our sleep and will soon settle back down.

In part, that decision is up to all of us. Will we let the things we’ve learned these last few weeks slip away like the trig identities we crammed into our heads for the big math test? Or will we hang on to our new understandings and not settle back into the same old conversations? Will we demand that our news sources and our political representatives recognize these realities? Or not?

The first step in hanging on to new knowledge is spelling it out clearly. Here’s my attempt to isolate five simple Ferguson lessons that we shouldn’t forget or let the country forget. I admit they’re not rocket science. If they were, we’d already be forgetting them.

1. Police mistreat black people. It’s not a fantasy created by “the grievance industry” and it’s not a few isolated incidents caused by a handful of bad apples, it’s a pattern.

Some parts of the national media have finally started covering it like a pattern, and drawing attention to incidents that by themselves wouldn’t usually get national attention. Just this week I ran across the following stories.

  • New information the John Crawford shooting came out. On August 5, a 22-year-old black man was killed by police in a WalMart in Ohio because he was carrying an air rifle that he had picked up from a shelf. We had already heard from his girl friend, who was talking to him on the phone as he was being shot. Tuesday, we heard that the shooting was captured on WalMart’s surveillance video. It has not been released (though information favorable to the police has been), but Crawford’s parents and their attorney have been allowed to see it. The attorney said that Crawford was facing away from officers when they killed him, and that “John was doing nothing wrong in Walmart, nothing more, nothing less than shopping.” One of the officers involved in the shooting is back on the job. (A fake news site’s story of a second WalMart shooting got taken seriously by a number of people, but didn’t actually happen.)
  • Chris Lollie was arrested and tased by police in St. Paul while he was waiting for his kids to get out of school. He was trying to walk away from police when they got violent with him. The incident was recorded on his cellphone when it happened in January, but only became public recently after charges against Lollie were dropped and he got his phone back. St. Paul police have defended their officers’ actions, which is hard to imagine as I watch the tape.
  • Kametra Barbour and her four young children were pulled over in Texas, even though their car was a different color than the one police received a complaint about. The police dashcam video shows the terrified woman being forced at gunpoint to walk backwards towards the police cruiser, protesting all the while that they’re making her leave her frightened children alone in the car. The confrontation doesn’t end until her 6-year-old son also gets out of the car and walks toward police with his hands up. (What if he’d come out some other way?) “Do they look young to you?” one officer finally asks the other.
  • A week and a half ago TV producer Charles Belk was walking back to his car from a Beverly Hills restaurant when his evening took a bad turn. “I was wrongly arrested, locked up, denied a phone call, denied explanation of charges against me, denied ever being read my rights, denied being able to speak to my lawyer for a lengthy time, and denied being told that my car had been impounded…..All because I was mis-indentified as the wrong ‘tall, bald head, black male,’ … ‘fitting the description.’ ” It was six hours before his lawyer convinced police to watch the surveillance video and recognize that the bank robber’s accomplice was obviously not Belk. According to his lawyer (as summarized by ThinkProgress) “many other individuals who found themselves in Belk’s situation without his resources would likely have been detained at least until Monday”.
  • Rev. Madison T. Shockley II published similar stories from his own life, his father’s, and his son’s. “I fit the description. I was a black man.”

What makes these stories hit home is that they’re not about purse-snatchers who got roughed up a little too much. They’re about people who did nothing and suffered for it.

I know blacks must look at this lesson and say, “Well, duh.” But for the most part, whites — and the media that caters to whites — have refused to take it seriously until these last few weeks. Many of us came to a similar insight after Trayvon Martin, and then backslid into denial. Let’s not do it again.

2. Police kill a lot of people in America. Responding to the racism charge, some conservatives put forward a bizarre police-kill-white-people-too case centered on the shooting of Dillon Taylor in Salt Lake City — as if that should make everybody more sanguine about Michael Brown or John Crawford. But if white deaths are what it takes to get a certain segment of the public excited about police violence, then let’s publicize them. Because whether you break things down by race or not, there’s a problem.

You can say policing is a tough, dangerous job — and it is. But somehow police in other countries manage to do that job without killing nearly so many people. No government agency totals the exact number — it’s like we don’t really want to know — but various available statistics point to around 400 police killings a year in the United States. Here’s how that stacks up internationally.

If you want some real contrast, look at Iceland, where last December police shot and killed someone for the first time in the country’s history. Admittedly, Iceland is a thousand times smaller than the U.S., but even so, at our rate you’d expect Icelandic police to shoot someone dead every two or three years, rather than once since World War II.

3. We need better ways to hold police accountable. One inescapable feature of the Michael Brown investigation is that the Ferguson police are an interested party, and are not simply seeking to bring the truth to light. (For example, the only detail they were willing to release from Brown’s autopsy was that he tested positive for marijuana. And they released a video that they claimed was Brown stealing cigars from a convenience store, but not an incident report on his death.) It’s crazy to believe that they — or a prosecutor who works hand-in-glove with them every day — will investigate Brown’s death fairly and see that justice is done.

And yet, that is the standard situation whenever a citizen feels mistreated: Police will investigate themselves and find that whatever they did was justified. After police killed his white son, Michael Bell did the research:

In 129 years since police and fire commissions were created in the state of Wisconsin, we could not find a single ruling by a police department, an inquest or a police commission that a shooting was unjustified.

Police will also control — and distort — the flow of official information to the media. Reporters, in turn, depend on police leaks for their scoops, so they are often active participants in smearing victims. (It’s the same pattern we saw in the lead-up to the Iraq War, when reporters whose careers depended on their relationships with Bush administration sources published whatever they were told as if it were fact.)

Civil rights attorney Norman Siegel (whose interview with Chris Hayes starts around the 14-minute mark) suggests a common-sense reform:

There should be a civilian review board in Ferguson and in every city in America. And what that means is that you can’t allow the police to investigate the police. You have to have independent civilians looking at the complaint. We need a permanent special prosecutor for police misconduct so we can finally get accountability.

In April, Wisconsin passed a law requiring an outside investigation whenever someone dies in police custody. Every state should follow.

There has been some limited accountability for the most outrageous police behavior during the Ferguson protests. Dan Page, the frighteningly paranoid St. Louis officer I described last week, has been allowed to retire; he’ll get full pension and benefits, but at least he’s not wearing a badge any more. Ray (“I will fucking kill you”) Albers was forced to resign. Matthew (“These protesters should be put down like a rabid dog the first night”) Pappert was fired. Chris Hayes asks the right follow-up question:

The national media came to one (in some ways) random metro area suburb, St. Louis Country, with a hundred cameras for two weeks. And you’ve got at least four police officers essentially caught on camera doing really awful things, and a bunch more unnamed. It was almost a random audit. And the thing I can’t help thinking is “OK. There’s two ways to interpret this. Is this area particularly bad in terms of the quotient of police officers who act like this? Or is this just normal, and we just happened to have the cameras pointed there?”

What if we put the cameras right on the police? Events in Ferguson have added momentum to the notion that all police cars should have dash-cams and all officers should wear cameras on their uniforms. Private sources have donated enough body cameras for every Ferguson officer to wear one. Let’s see if they do.

4. White privilege is real. Stephen Colbert advised the Ferguson protesters to learn from Cliven Bundy and his friends in the militia movement.

By the way, black people, why can’t you be more like these guys? They were armed, and they dared the cops to shot them, and nothing happened. Just figure out whatever was different about them, and you’ll be fine.

But being treated with more respect by police is just one aspect of white privilege, which affects everything from hailing a cab to whether your resume will get you an interview. Pre-Ferguson, most whites reacted to talk about white privilege as if it were just an Ivy League way to call them racists or tell them to STFU.

But recently more whites have started to get it and explain it to others. One of the most approachable explanations is in “What My Bike Has Taught Me About White Privilege” posted by Pastor Jeremy Dowsett on his blog A Little More Sauce. Dowsett, who is white but has non-white children, compared being black in America to his own experience riding a bicycle on the busy streets of Lansing.

[Bike riders] have the right to be on the road, and laws on the books to make it equitable, but that doesn’t change the fact that they are on a bike in a world made for cars. Experiencing this when I’m on my bike in traffic has helped me to understand what privilege talk is really about.

Now most people in cars are not intentionally aggressive toward me. But even if all the jerks had their licenses revoked tomorrow, the road would still be a dangerous place for me. Because the whole transportation infrastructure privileges the automobile. It is born out of a history rooted in the auto industry that took for granted that everyone should use a car as their mode of transportation. It was not built to be convenient or economical or safe for me.

And so people in cars—nice, non-aggressive people—put me in danger all the time because they see the road from the privileged perspective of a car.

Similarly, our laws promise racial equality and not all whites are racists, but our society was built with whites in mind. Systems that seem perfectly natural and transparent if you’re white are problematic if you’re not.

Elaborating on Dowsett’s metaphor from my biking perspective: I can’t count how many times I’ve nearly fallen off a no-shoulder country road because car drivers have no idea how loud a “light” beep of the horn sounds to someone not enclosed in a glass-and-metal bubble. (Apparently they worry that their internal-combustion engine might “sneak up” on me because it seems so quiet to them.) Keep that in mind the next time you offer a “reasonable” criticism of the black experience.

Jon Stewart’s epic response to conservative fury that blacks “make everything about race” is worth watching from the beginning, but it came down to this:

Race is there, and it is a constant. You’re tired of hearing about it? Imagine how f*cking exhausting it is living it.

How are we whites going to keep this increased consciousness of privilege from fading away? Christian Lander, who writes the blog Stuff White People Like, suggests making it the next ice-bucket challenge. He observes that what whites really need to raise their awareness of (far more than any deadly disease) is what it’s like to be a black teen. So he proposes the BT Challenge: Video yourself doing something that is dangerous for a black teen — like, say, walking to the convenience store for Skittles — and post it on social media.

5. We need to de-militarize our society. Americans from coast to coast were repulsed and alarmed by the images of mine-resistant military vehicles roaming American streets with camo-clad police snipers perched on top of them. It was way beyond ironic that equipment created to defend an occupying army in a guerrilla war was being deployed against American citizens protesting excessive force from police.

The militarization of police has been roundly denounced — most effectively by John Oliver — and it deserved every word of that denunciation.

That public outcry has even started to have some effect. Anchorage police have rescinded their request for military vehicles. Claire McCaskill will be chairing Senate hearings on police militarization.

But while MRAPs are obviously over the top, Ladd Everitt from the Coalition to Stop Gun Violence told Business Insider that some advanced weaponry is justified by the level of armament police might face (from someone other than mostly non-violent protesters).

 “We see this as a product of the continuing arms race between law enforcement and civilians that has been going on for decades.” Everitt said the increasingly sophisticated weaponry being sold to U.S. civilians is forcing police to keep up, with both sides purchasing ever more powerful weapons. The arms race means “police officers have legitimate fears about the nature of the firepower they are confronting on a daily basis,” he said.

So the problem isn’t just the militarization of American police, it’s the militarization of American society.

That puts a different spin on the gap in police killings between the U.S. and every other first-world nation. American police are on a hair trigger because, in a country with over 300 million firearms, the possibility that a suspect might start shooting at them is never far from their minds. Over the course of a long career, it just doesn’t seem safe to take the more laid-back approach of a German or English policeman.

Bear that in mind the next time the NRA frames guns-everywhere as purely a question of personal rights. No matter how responsible and well-intentioned that gun-toting Oreo shopper might be, his presence raises the temperature in the room. All of us — and especially police — have to shorten our response times, given how fast a situation can turn deadly. So whether I choose to carry a gun or not, that raised room temperature might get me killed someday.

And that brings me full circle, back to gun control. Remember Newtown?

By weeklysift | Posted in Uncategorized | Comments (14)

What Your Fox-Watching Uncle Doesn’t Get About Ferguson

August 25, 2014 – 10:01 am

It doesn’t matter how many details you know. If you start the story in the wrong place, you won’t understand it.

Part of my regular news-watching cycle is to check in on Fox News from time to time. It keeps me honest and helps me anticipate the kinds of arguments I’m likely to start hearing from conservatives.

Watching Fox was particularly interesting in the early part of this week, because in the evenings they (like MSNBC and CNN) gave a lot of air time to their reporters on the streets in Ferguson, Missouri. So it was a rare opportunity to see all three cable news networks cover the same controversial events at the same time. Most days, the difference between the networks lies mainly in what they choose to cover — a new report on climate change might lead the news on MSNBC, while Fox focuses on Benghazi hearings in Congress. But for a few days the what of the news was obvious and inescapable, so Fox’s unique perspective on the world could only express itself in the how.

Some of the difference in coverage has been on the detail level and is easy to filter out if you’re aware of the various networks’ points of view. When police would start moving in on demonstrators, for example, Fox would report as fact whatever they were hearing from police — that, say, shots had been fired from the crowd — while MSNBC would stick closer to what they could see (police moving in), express ignorance as to why it was happening, and then later report what police were saying (shots were fired from the crowd) as a claim they couldn’t verify. Whether you were pro-demonstrator or pro-police, you could watch either network and make a good guess about what the other was reporting.

But there has been a much more subtle, harder-to-compensate-for difference in the way each network answers the fundamental question: What are the demonstrations in Ferguson all about?

On Fox, the answer to that question is very simple. Demonstrators in Ferguson are reacting angrily to a single, one-of-a-kind event: White police officer Darren Wilson shot and killed an unarmed black 18-year-old, Michael Brown. That restricted context drives the rest of their narrative.

The apparent mystery. Like any good narrative hook, Fox’s omission of context creates a mystery: Why do so many people in Ferguson care so much about that particular event? Of course, Michael Brown’s family would be upset, and even Fox’s audience can cut them some slack if they want Officer Wilson nailed to the wall. But what about all those other people on the street night after night? It’s safe to say that most of them never even met Michael Brown. Why were they giving up their evenings and risking arrest or worse?

Once you have that question in your head, several answers suggest themselves: Maybe they’re all just crazy. Fox’s resident psychologist, Dr. Keith Ablow, says “the psyche of the community” deserves as much investigation as the actions of police.

Or maybe most of the protesters really don’t care about Brown, and the demonstrations are just an exciting thing to do in a boring town. At night on the streets, you’re where it’s all happening. You might even get on national TV. That’s the interpretation Fox correspondent Steve Harrigan was promoting when he described the demonstrations late Monday night as a “media event” and “child’s play”. (In response, he got cussed out on camera by one of the black “children” he was demeaning: “We go through this shit every day,” the young man reported. Harrigan did not follow up on that observation.)

An even more sinister solution to the mystery evokes racial stereotypes that Fox doesn’t need to spell out. A hint is enough: Maybe these young black men are just wired for anarchy and violence. The Brown shooting was nothing more than an excuse for doing what they’d do all the time if police weren’t stopping them. And once you raise the stereotype of the lawless black savage, the incidents of looting take on a significance far beyond their number or the number of people responsible: This isn’t about Brown or the police at all, it’s about grabbing some free liquor or a new pair of Air Jordans.

In addition, the why-do-they-care mystery leads right into a question Fox raises at every opportunity: Why do blacks only go to the streets about white-on-black cases like Brown and Trayvon Martin, when black-on-black violence [see endnote 1] kills far more people? How street demonstrations could prevent black-on-black violence is a question they never address. (Demonstrations speak to governments and the national electorate, and have little effect on criminals or hot-headed youth.) But Fox presents the Brown and Martin demonstrations as pointless anyway, so why shouldn’t there be equally pointless demonstrations against black-on-black violence instead?

Second, restricting your attention to that one context-free event makes the crowd look like a lynch mob. Why are they so sure Officer Wilson wasn’t justified in shooting Brown? Why can’t they wait for the investigative process to play out? And why can’t they cooperate with police now to keep the peace?

And finally, the mystery-framing makes the politics of the situation look purely venal. How outrageous it seems that liberals — they must be liberals — are exploiting the Brown shooting to register Ferguson’s black population to vote!

What makes Fox’s frame so convincing to its audience is that you can feel well-informed inside it. You can know how many people were arrested each night and which stores they looted. You can learn details of the shooting (though anonymous leaks from police will be reported more authoritatively than eye-witness testimony from black citizens). You can learn statistics about black crime in America. You can know just how rare police killings are compared to drug killings or other black-on-black murders. You’re not ignorant; you’re a walking storehouse of the kinds of information MSNBC would never tell you.

But in spite of that well-informed feeling, you don’t understand what’s really going on, because Fox is leaving out key background information and then beginning the story in the wrong place. The right story begins not with Officer Wilson’s bullets, or even with Michael Brown in the convenience store, but with a community where lesser forms of police abuse are an everyday occurrence.

Start by asking. Slate‘s Jamelle Bouie did what Fox reporters (or most individual whites) hardly ever do: ask the black community what they’re concerned about and listen to their answers.

Talk to anyone in Ferguson and you’ll hear a story about the police. … Everyone—or at least, every black person—can recall an incident. Everyone can attest to friends and relatives who have been harassed, assaulted, or worse by the police.

The right story begins here: A majority-black community feels abused by its almost entirely white police force. [2] And complaining to the white-dominated local government does no good. (As a report from Arch City Defenders spells out, the town of Ferguson gets significant revenue from assessing fines against poor people.)

If you start there, the narrative takes a completely different path. When a policeman shot Michael Brown six times on a city street in broad daylight in front of witnesses, the Ferguson community was not shocked (the way I would be if one of my white friends were gunned down by police in my majority-white town). Quite the opposite, this was the kind of incident they found all too believable, given the police behavior they see all the time.

So the reaction we’ve been seeing on the streets isn’t “OMG! How can something like this happen?”, it’s “This shit has to stop.”

No mystery. So it’s no mystery at all why people who never met Michael Brown have been out on the streets. Brown’s death is part of a bigger issue that they all have a stake in: How can the police be gotten under community control, and disciplined to treat the community with respect?

Their tactics are also no mystery: When the political process is unresponsive, the streets are the only communication channel left. Trayvon Martin’s mother is supposed to have said, “If they won’t hear us, make them feel us.” And Ja’han Jones put it more aggressively on Salon: “What if being peaceful won’t change a thing?”

As far as Officer Wilson is concerned, the crowds are not rushing to judgment, they are speaking from experience. Yes, police act this way, and the result is always the same: If the incident isn’t ignored completely, it is shunted into an opaque “process” in which eyewitnesses are ignored and no quantity of physical evidence is sufficient to bring charges. Ferguson police have shown every indication of wanting to go that way: keeping back relevant information as long as possible, smearing Michael Brown, responding to protests with even more excessive force, leaking bogus “facts” that support Wilson, and arresting reporters.

What’s rare about the Brown shooting isn’t the shooting itself, but how visible everything is: The body was lying in the street for hours. The eyewitnesses have been on TV. Nothing in the autopsy or other available evidence contradicts their testimony. If the police don’t have to answer for this, then what are the limits? Is there anything they can’t sweep under the rug?

Once you understand where the story really starts and what it’s really about, then the whole detour into black-on-black crime is revealed to be “the politics of changing the subject“. Other than corpses, the two issues have nothing in common. It’s like asking Sean Hannity, “Why have you spent so much time on the four Americans who died at Benghazi when tens of thousands of Americans die in car accidents?”

My reality and theirs. Demographically, I look more like a Fox viewer than a Ferguson protester. I’m white, over 50, and have an above-median household income. I barely notice when a police car goes by, and when I have had occasion to deal with my local police — usually because I approached them with a question — they have been unfailingly polite. When I arrange to meet people socially or promise to be somewhere, I don’t allow extra time for the possibility that I might be stopped and frisked, or taken down to the police station and questioned about some crime I never heard of. That kind of stuff never happens to guys like me.

If I did find myself in an unexpected and unpleasant run-in with police, it would feel like snow in July. My instinct would be to wait it out until polite normality re-asserted itself. So I could easily follow the advice of LAPD’s Sunil Dutta:

if you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you. Don’t argue with me, don’t call me names, don’t tell me that I can’t stop you, don’t say I’m a racist pig, don’t threaten that you’ll sue me and take away my badge. Don’t scream at me that you pay my salary, and don’t even think of aggressively walking towards me. Most field stops are complete in minutes. How difficult is it to cooperate for that long? … Save your anger for later, and channel it appropriately. Do what the officer tells you to and it will end safely for both of you. We have a justice system in which you are presumed innocent; if a cop can do his or her job unmolested, that system can run its course. Later, you can ask for a supervisor, lodge a complaint or contact civil rights organizations if you believe your rights were violated. Feel free to sue the police! Just don’t challenge a cop during a stop. [3]

Great advice for me, but I don’t believe it has much to do with the reality of places like Ferguson, or even parts of Dutta’s own Los Angeles.

What if I weren’t a middle-aged middle-class white guy? What if police abuse is normal in my experience? What if I’ve cooperated before, and before, and before that … and the stop wasn’t “complete in minutes” and I got tased, pepper-sprayed or worse anyway? What if I “saved my anger for later” and the appropriate channels laughed at me? What if I have dead or injured friends whose attempts to cooperate didn’t “end safely”, and other friends who weren’t “presumed innocent” in court, and are now in prison on sketchy or manufactured evidence?

What’s your advice for me then, Officer Dutta?

What your Fox-watching uncle doesn’t get. The frustrated citizens of Ferguson are pursuing a plan that makes sense: Wait for an incident so egregious that it can’t be swept under the rug, and then get out on the streets in large numbers. Tell your story to the country, put your political leaders on the spot, and show the world how “justice” works in your town. Shine a spotlight on the usual shadowy self-investigation process, and dare the powers-that-be to work their usual trickery in front of a national audience.

That plan might not work — it didn’t work in Florida — but what more likely plan have you got for them? They can’t just be quiet and wait for justice to be served. They’ve got to do something.

Because “we go through this shit every day”, and that shit has to stop.

[1] Reason‘s Steve Chapman asks:

Most crimes are committed by males, but we don’t refer to “male-on-male crime.” Whites in the South are substantially more prone to homicide than those in New England, but no one laments “Southerner-on-Southerner crime.” Why does crime involving people of African descent deserve its own special category?

[2] Unlike Bill O’Reilly, Ferguson residents aren’t giving police credit for all the people they stop and don’t kill. What’s up with that? And what about the 3/4ths of the people police across the nation kill who aren’t black?

[3] This advice was funnier when Chris Rock was giving it.

By weeklysift | Posted in Articles | Also tagged , | Comments (20)

The Ferguson Test

August 18, 2014 – 9:37 am

This week’s events in Ferguson have tested all of us, not just police and politicians.

In a classic South Park bit, Stan’s Dad is on Wheel of Fortune. The category is “People Who Annoy You”, and the letters showing are

N-_-G-G-E-R-S

The solution is naggers, but Mr. Marsh is so overwhelmed by the horror/forbidden-pleasure of saying “niggers” on TV that he can’t think of anything else. Watching for the first time, neither could I. Surely no TV-game-show puzzle could have niggers as its solution, but it instantly jumps to mind anyway. And once you’ve had that thought, calmly running through the other vowels to find a more probable solution doesn’t seem like an option any more.

By the time he blurts out “Niggers!”, Mr. Marsh even seems proud of himself for having found the courage to overcome political correctness and speak the truth as he sees it. But it isn’t truth. It’s just an idea that shines so brightly in his head that he can’t see any alternatives.

That’s how unconscious racism works.

Stan’s Dad is not an I-hate-black-people kind of racist, and undoubtedly he would be offended to be described as any kind of racist at all. In most ways, he’s a fairly typical middle-class white parent. He didn’t wake up that morning thinking, “I’m going to say ‘nigger’ today, and don’t let anybody try to stop me.” He knows what attitudes and behaviors are acceptable and unacceptable in today’s society, and he does his best to pretend that his mind really works that way.

But it just doesn’t. Whatever his conscious intentions, his mental reflexes have been passed down from another era, when racism was as common as air.

Reacting to presidents. Earlier this year, I described how unconscious racism figures in people’s responses to President Obama. Being president and living in the White House has always been a pretty sweet ride. Protocol requires everyone to defer to you. Wherever you go, no expense is spared to keep you and your family comfortable and safe.

The public has known and accepted this for a long time. The President symbolizes the United States, so of course the Kennedys or Reagans or Bushes should be treated with utmost respect. But when the First Family became black, all that luxury and deference suddenly looked different. Why were the Obamas lording it over us like this?

So, those white folks who didn’t even notice when Reagan’s or JFK’s feet were on the desk, but who see Obama’s and think “He was raised so badly.” — are they also secretly thinking “Who does that uppity nigger think he is, acting like he’s a real president or something?” Maybe a few here or there, but mostly no. They aren’t consciously hating Obama because he’s black. But they can’t look at a black president the same way they looked at the 43 white presidents. Things just look different when Obama does them.

And once the thought “Why are the Obamas lording it over us?” pops into your head, it’s genuinely difficult to back up and think: “Wait a minute. Are there other ways to look at this? Would I be interpreting the situation this way if he were white?” In fact, not voicing that bright and shiny “truth” feels like cowardice. The racial influence is long forgotten: Who does this Obama guy think he is, acting like he’s President of the United States or something?

Unconscious racism in the police. At this point, we don’t really know what Darren Wilson was thinking when he killed Michael Brown, sparking more than a week of civil unrest in Ferguson, Missouri. But we know that there’s a long history of police officers reacting differently to black citizens than to whites. Ezra Klein put it bluntly:

Incidents of excessive force are commonplace, and increasingly, there’s a list of young black men who have died for no other reason than that they ran into a police officer at the wrong time and in the wrong way.

Earlier this month, for example, 22-year-old John Crawford was killed by police in a WalMart in Ohio. After he picked up a realistic-looking air rifle from the shelf, another customer called police about an armed man in the store. Crawford was talking to his girlfriend on the phone when police demanded he drop the weapon. While he tried to explain that it wasn’t a real weapon, they killed him.

By contrast, white open-carry activists have been showing up in public places like Target or Home Depot, prominently displaying actual deadly weapons. None of them have provoked a similar misunderstanding. In Aurora, Colorado (site of the 2012 movie-theater massacre) an 18-year-old white man was carrying a shotgun down a public street. When stopped by police, he argued with them and refused to turn over the gun or show any ID. They let him continue on his way, gun in hand.

Most of this disparity, I suspect, is unconscious. I sincerely doubt that Crawford’s killers went to work that morning thinking, “I hate those young black bucks. I’m going to shoot me one today if I get the chance.” But police have to deal with emergency situations that may require quick action. Somebody seems to have a gun and people might be in danger — do you calmly talk him down or go in shooting? There may be no time to work through a checklist and make an objective decision; you have to go with your gut.

But what if your gut is prejudiced? What if seeing a young black man in an emergency situation is like seeing N-_-G-G-E-R-S on the puzzle board? One possibility — that he’s a dangerous criminal and innocent people will die unless you shoot him right now — pops to mind and blots out all others.

The Ferguson test. “This is a test,” Missouri Governor Jay Nixon said. But it’s not just the people of Ferguson or the police or Nixon himself who are being tested this week. It’s all of us. As we watch events unfold, in how many ways do they just look different because of race? How hard is it to back up, re-examine our initial framing, and ask ourselves what we’d be thinking if race were not a factor?

The Ferguson police as an organization. Looking at their initial treatment of the Brown shooting, it’s hard to avoid the conclusion that Ferguson police didn’t think killing a black teen-ager was a big deal, or that his family or the community deserved any answers about how it happened or who did it or why. Shielding the shooter appeared to be the paramount concern.

When protests did erupt, police seemed to see only the public order and safety issues rather than the community relations issues. Instead of working with community leaders to balance public safety concerns with the public rights of assembly and free expression, police attempted to dictate to the community, and to enforce their edicts with overwhelming force.

The fact that the police version of the shooting was at odds with the accounts of eye-witnesses, including at least two who did not know Michael Brown, did not seem to bother them. Witnesses and the family’s private autopsy (results of the police autopsy haven’t been revealed) paint the picture of an intentional, unnecessary killing: shots aimed at Brown’s back while he attempted to run away, and then more shots after Brown turns with his hands in the air. After interviewing one witness, MSNBC’s Lawrence O’Donnell assesses her testimony as a description of first degree murder, and the legal experts on his show agree. And yet the officer has not been arrested or charged with any crime at all.

When police finally released Wilson’s name, they simultaneously released video of Brown apparently stealing cigars from a convenience store. That video has no relevance to the legal case — officers can’t shoot down suspects trying to surrender, no matter what they are suspected of doing — but it did have public relations value. It fed the storyline that focuses on black lawbreaking and violence to the exclusion of police misconduct.

Political leaders. It was obvious early on that local officials in Ferguson were making the situation worse, and yet higher authorities were slow to intervene or comment. The swing voters in Missouri are rural or suburban whites, and Governor Nixon has been careful not to look too pro-black. You have to wonder: If police were treating a white community like an occupied war zone, and if large numbers of local whites and their elected representatives were protesting, would it take that long to get a response?

Media. Some reporters are doing their best to get the facts out and portray them fairly, but it is far too easy to treat Ferguson residents as one big black blob. If there is looting and violence, then the citizens of Ferguson are violent looters. No wonder police are shooting them in the street and riding around in tanks and paying no attention to their concerns. Let them stop breaking the law and then maybe we’ll listen to them.

It’s hard to imagine a white community getting this kind of treatment. Whites who break the law are typically presented in the media as aberrations. Often they are portrayed as crazy loners, even when they belong to groups that promote precisely the kinds of crimes they commit. If you’re a law-abiding white homeowner with complaints about your local government, you stand very little chance of being lumped together with thieves and vandals who live in your neighborhood and also happen to be white.

Again, maybe a few journalists or TV personalities are thinking, “Here’s a chance to smear blacks”, but I doubt that’s the primary motivation. I think rioting black ghetto is another one of those bright shiny notions. Get it in your head and it’s hard to get it out.

Also, I can’t count the number of times I’ve run into the comment that we shouldn’t “jump to conclusions” because “we don’t know all the facts” or “we don’t know what really happened”. If several white eyewitnesses gave consistent accounts of excessive force by a black police officer, would we be instructed to ignore them in the same way? Or does the fact that the witnesses are black make it easier to discount their testimony? Does the whiteness of the police chief make his version more authoritative?

All of us. We can blame the police for laying out self-justifying and community-diminishing narratives, and we can blame the media for promoting them. But why do we fall for them?

And I do mean we. Like Randy Marsh, I was raised at time when racism was common as air. When I take a step back, I can see the effects of that training in the way my pre-conscious processes shape the perceptions that my conscious mind then wants to treat as facts.

Situations involving black people just look different. Their lives seem less consequential, their deaths less tragic. When I hear of their misfortunes or the injustices they suffer, part of me is waiting for the explanation of how they brought this on themselves. Their stories and testimonies are easily discounted. The thought, “I need to do something about this” does not arise on its own, unless the something involves defending myself and other respectable white people. A crowd of blacks easily stops being a collection of individual humans and becomes a malevolent unit. I expect violence and lawlessness, and when it appears it dominates the picture I see. “Well, there you go,” I think.

I can see how unfair those thoughts are, when I take a step back. But it’s so easy not to.

Unitarian Universalist minister Meg Riley writes:

As a white person in the U.S., I am conditioned from birth to see whiteness as safety — white neighborhoods, white people, white authority figures. My lived experience, my conversations with people of color, and my study of history have shown me over and over that this is a wild and cruel perversion of the truth. But the cultural conditioning is strong. Unless I fight it every day, white superiority seeps into my brain in slow, almost undetectable ways.

A lot of whites get offended by the suggestion that America is a racist society. They know that the vast majority of whites are not KKK-style racists, actively plotting evil against non-whites. (Some are, of course, but it’s not fair to judge the many by the misdeeds of the few — at least not when we’re talking about whites.)

My point is: We don’t have to be KKK-style racists. We can maintain a racist society quite well just by letting our minds do what they do: assemble age-old stereotypes into the narratives we’ve been hearing all our lives.

We can do that, or we can “fight it every day”. I invite you to take the Ferguson Test and see how you’re doing in that fight.

By weeklysift | Posted in Articles | Also tagged | Comments (23)

Ta-Nehisi Coates Goes There: Reparations

May 26, 2014 – 10:47 am

The wealth gap between blacks and whites is the direct result of centuries of policy. Why should using policy to fix it be unthinkable?

Wealth is off limits.

For as long as I can remember, the idea of paying reparations to African Americans has been the boogyman in any discussion of race. Just say the word reparations in any room with more than one white person, and rational discussion ends. And if you can tie any other program to reparations — affirmative action, food stamps, whatever — rational discussion of that ends too. That’s what Rush Limbaugh meant to do when he invoked reparations in an attack on ObamaCare:

This is income redistribution. This is returning the nation’s wealth to its quote/unquote “rightful owners”. This is a civil rights bill, this is reparations — whatever you want to call it.

He didn’t go on to explain why that would be bad, or even why blacks aren’t really the “rightful owners” of more than they own now. He didn’t have to explain, because reparations are literally unthinkable: Just say the word and whites stop thinking.

So The Atlantic‘s senior editor Ta-Nehisi Coates was throwing down a gauntlet this week when he wrote the current cover article “The Case for Reparations“: Approve of them or not, reparations are not unthinkable. Here’s the argument. Think about it.

Coates’ article is very good and very long, and you should absolutely read it rather than just my summary of it. (Second best: Watch Bill Moyers interview Coates.) But judging from the comment thread on even a relatively liberal site like The New Republic (not to mention Free Republic , where the most popular reparations offer is “25 grand and a plane ticket back to Africa”) a lot of people are struggling very hard to continue not thinking about it. Rather than engage any of Coates’ arguments, they are going off in response to that one offending word.

In “How to tell who hasn’t read the new Atlantic cover story” NPR’s Gene Demby quoted this Adam Serwer tweet:

How to Read TNC’s piece on reparations: 1. Read the title. 2. Stop reading. Do not read past the title. 3. Explain that racism is over.

So before you react, at least understand these two things about Coates’ article:

  • It’s not just about slavery.
  • He’s not saying, “All you white people need to send me a check.”

What it’s about. Coates’ argument is that the wealth gap between whites and blacks in America has a simple cause: Throughout American history, blacks have been systematically cut off from the sources of wealth. It started (but didn’t end) with slavery: Black labor cleared the forests and drained the swamps to create those southern plantations, and black labor built the planters’ mansions, but after the Civil War all that black-created wealth stayed with the whites. The first reparations proposal — forty acres and a mule — would have been simple justice for the people who built the South, but it never happened.

Instead of restoring some of the Confederacy’s wealth to the people whose labor had created it, or even just starting blacks at the bottom and letting them work their way up, it wasn’t long before whites instituted a new system for building their wealth with black labor. In a story told at length by Douglas Blackmon in Slavery By Another Name, blacks in the post-Reconstruction South were blocked from owning land, preventing from leaving, forced back into exploitative relationships with whites, and denied access to the courts when they were cheated. Tens of thousands were literally re-enslaved: convicted of bogus crimes and sentenced to hard labor for a white employer. This lasted well into the 20th century.

Blacks who managed to succeed in spite of the system were often the targets of white violence. Today the words race riot evoke thoughts of black uprisings in the 1960s — Watts, Detroit, etc. — but white race riots against blacks had been going on for a long time: New York in 1863, Louisiana in 1873, Atlanta in 1906, Chicago in 1919, and many others. (Add to that the 3,446 blacks who died in lynchings between 1882 and 1968.) Two riots in particular — Greenwood, OK in 1921 and Rosewood, FL in 1923 — destroyed entire black communities that were thriving and building wealth for their citizens.

In a story told at length by Ira Katznelson in When Affirmative Action Was White, blacks were largely cut out of the mid-20th-century New Deal and Fair Deal programs that created the white middle class. Even the benefits of the G. I. Bill were constructed in such a way that blacks had difficulty taking full advantage.

Coates talks at some length about real estate discrimination. Legally until the mid-1960s and practically for some time afterward, blacks were allowed to buy homes only in certain neighborhoods. The Federal Housing Administration considered those neighborhoods high-risk and refused to insure mortgages in them. Banks followed that lead with red-lining, refusing to issues mortgages at all on those houses. Blacks who wanted to own their own homes were forced to buy on contract from brokers who frequently cheated them.

For most middle-class American families in the post-World-War-II era, home ownership was a wealth-building tool that the government subsidized through mortgage insurance and mortgage-interest tax deductions. But that tool was not available to many black families.

Red-lining concentrated urban blacks in a few neighborhoods. And — surprise! — those neighborhoods often had poor infrastructure and bad schools, a pattern that continues to this day. They are also over-policed, resulting in blacks being far more likely to go to jail for minor crimes (like smoking pot) that whites commit equally often. This story is told at length in Michelle Alexander’s The New Jim Crow.

Taking it personally. On the surface, I have a good case for claiming that this all has nothing to do with me: My family never owned slaves, hired convict labor, or profited from real-estate scams targeting urban blacks. I was a working-class kid who entered the professional class on his own merit, by getting an education that led to a high-paying job.

But look again. My town’s public high school did well by me. I went to a state university in an era when tuition covered only a fraction of the cost. My Ph.D. was paid for by the National Science Foundation. So, sure, I worked for what I have. But I also had help every step of the way.

Now consider: What if my family had been red-lined into a neighborhood with crummy schools? Maybe I never step on that educational escalator to begin with. And what if generations of hard knocks had hammered home the point that even when people like me work hard and play by the rules, somebody just invents a new rule to take it all away from us? Under those circumstances, do I really stick it out all the way to a Ph.D? Or do I grab the first shiny career-bauble that shows up?

Finally: My sister and I just sold the small farm that our grandfather bought in the 1920s. For each of us, that sale put the capstone on a retirement plan. And why shouldn’t it? Grandpa took a risk and worked hard, and my father worked hard after him. Why shouldn’t we benefit?

But family lore tells of a crisis during the Depression. Failing crops weren’t paying the bills, and new bank loans were out of the question now that Grandpa’s $22K farm was appraising at $8K. Fancy footwork by a friendly lawyer stalled foreclosure long enough for a New Deal farm-loan program to become available. Would those breaks have gone in our favor if we were black? Or would the white lawyer have shrugged and the white federal bureaucrat have moved our application to the bottom of the stack? Maybe. And then our family would have lost the farm — totally legally and by the rules — and had to start over in our attempt to accumulate wealth. If I complained about that circumstance now, what would people tell me? “Well, you gotta pay your debts. Your grandfather should have known that.”

As I’ve describe at length elsewhere, the point of that what-if fantasy isn’t to make me feel guilty, and in fact it doesn’t make me feel guilty; it makes me feel lucky. It gives me a more accurate assessment of my success. The Week‘s Ryan Cooper elaborates:

I think what motivates the worst responses to Coates’ piece is … a resistance to being labeled a racist. And that is missing the point. His article is not a personal critique; it is a structural one, which ought to minimize some of its personal sting. Structural racist outcomes (mostly) aren’t the fault of white people alive today; they’re about the foundations of society and the legacy of history. Such analysis isn’t about making white people feel guilty, it’s about providing countervailing structural pressure to right past wrongs.

Why we’re not fixing it. In order to understand where Coates is coming from, you need to appreciate where we are: The Supreme Court believes that any government action for the specific purpose of benefiting blacks (or any racial group) is unconstitutional. To the extent that affirmative action still exists, it has to claim other justifications. (A racially diverse classroom provides a better educational experience, a racially diverse police force can relate to the community better, and so on.) Legally, reparations are the dirty secret of affirmative action. If a program is caught trying to fix the racial injustice of American history, it is thought to violate the equal protection clause of the 14th amendment.

That legal situation is reinforced by the political situation: Even colorblind attempts to deal with America’s underclass, or to make life easier for the poor (even the working poor), are undercut by the politics of white racial resentment. If you want to campaign against food stamps or the minimum wage or Medicaid, all you have to do is suggest that this is really a racial transfer from white makers to black takers. It’s no coincidence that Arkansas is the only state of the Confederacy to accept Medicaid expansion under ObamaCare, while all but four Union states have. (And two of those are still on the fence.)

If you ask, whites will explain that if black oppression happened at all, it is ancient history. We have said this in every era. In 1837, Senator John Calhoun argued that slavery was a benefit to blacks:

Never before has the black race of Central Africa, from the dawn of history to the present day, attained a condition so civilized and so improved, not only physically, but morally and intellectually. It came among us in a low, degraded, and savage condition, and in the course of a few generations it has grown up under the fostering care of our institutions, reviled as they have been, to its present compara­tively civilized condition.

In 1883, the Supreme Court explained why further civil rights laws were unnecessary, now that whites had ended slavery through “beneficent legislation”.

When a man has emerged from slavery, and, by the aid of beneficent legislation, has shaken off the inseparable concomitants of that state, there must be some stage in the progress of his elevation when he takes the rank of a mere citizen and ceases to be the special favorite of the laws, and when his rights as a citizen or a man are to be protected in the ordinary modes by which other men’s rights are protected.

And in 1896, the Court saw the problem of segregation as existing mainly in black psychology.

We consider the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.

I could go on. The Brown decision leveled the playing field in 1954. Or maybe the civil rights legislation of the 1960s leveled it. The election of Obama proved it was level. And so on down to John Roberts gutting the Voting Rights Act last summer by simply saying “Things have changed.”

In every era, whites claim that we have done everything justice demands, and that any remaining problem is due to some inherent black inferiority of either biology or culture. And then a few decades later we realize that wasn’t true then, but it certainly is now.

What Coates wants. In his Atlantic article, Coates doesn’t put forward any specific plan, beyond endorsing a perennial bill by John Conyers to study reparations.

the crime with which reparations activists charge the country implicates more than just a few towns or corporations. The crime indicts the American people themselves, at every level, and in nearly every configuration. A crime that implicates the entire American people deserves its hearing in the legislative body that represents them.

John Conyers’s HR 40 is the vehicle for that hearing. No one can know what would come out of such a debate. Perhaps no number can fully capture the multi-century plunder of black people in America. Perhaps the number is so large that it can’t be imagined, let alone calculated and dispensed. But I believe that wrestling publicly with these questions matters as much as—if not more than—the specific answers that might be produced.

Coates fears that the details any specific reparations proposal will become the issue, and allow whites to jump right past the question of whether reparations are justified in principle. And so the history of “multi-century plunder” will continue to be ignored.

But he also wants more than just a hearing or an apology, as he makes clearer in his Moyers interview. What he proposes is not personal reparations — trying to figure out what each individual is owed and cutting them a check — but a reorientation of public policy that holds the history of white supremacy in mind. (As a successful American, Coates expects that any tax increase to pay for this would hit him as well; quite the opposite of expecting me to send him money.) Rather than run away from policies that disproportionately benefit blacks, if we were looking for a way to make reparations we would consciously embrace such policies. We would recognize that black poverty and other social dysfunctions in the black community are not just specific examples of the general problem of poverty or social dysfunction. They are unique problems with a unique history, and they exist because they were created by public policy.

[W]e would not have to retreat to other language like quote unquote class. We would say, no, no, no, this is about white supremacy. And we have a problem with this. And we have had a problem with this for a long time. And we need to be conscious of that in our policy. When we pass a stimulus budget, for instance, we need to specifically think about helping people who have been injured in our past, because they’ve occupied a certain place in our country.

And when the Limbaughs charge that ObamaCare amounts to reparations, there could be simple response: Good.

By weeklysift | Posted in Articles | Comments (12)