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CI: In the Long Shadow…

November 26, 2014 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Economic Terrorism, Intersectionality, Prison Industrial Complex

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

 

In the Long Shadow…
by nancy a heitzeg

This is a version of a piece that will appear soon in the Hamline Journal of Public Law and Policy. It will be featured in an issue devoted to a discussion of the impact, 50 years later, of the Civil Rights Act of 1964. At a related conference last Spring, there was some celebration  with regard to how far we had ostensibly come and the alleged “successes” of the law. But how can we say so in the short shadow of Ferguson/Everywhere, under still the long shadow of slavery, called by any of its’ newer names?

And so, here this is –  in the aftermath of the expected non-indictment, on the eve of that thankful celebration of settler colonialism – a look at the legal contours that still shape the terrain.  And perhaps, a thought of what is required then for change.

ON THE OCCASION OF THE 50TH ANNIVERSARY OF THE CIVIL RIGHTS ACT OF 1964: PERSISTENT WHITE SUPREMACY, RELENTLESS ANTI-BLACKNESS, AND THE LIMITS OF THE LAW [1]

PART I INTRODUCTION

         White supremacy – once writ large in the law via slavery and Jim Crow segregation – was removed from its’ legalized pedestal with the Civil Rights Act of 1964, The Voting Rights Act of 1965 and finally, The Fair Housing Act of 1968.[2] The law became “race-neutral” and it now suddenly was illegal to discriminate on the basis on race – in housing, employment, public accommodations and access to the franchise. It was hoped that this legislation would finally bring to fruition the long overdue promise of the Civil War Amendments, long subverted via both legislation and judicial interpretation.[3]

These strokes of the pen, of course, could not remove bigotry long steeped in racist archetypes; nor could this legislation remove the structural barriers of nearly 400 years of white racial preference and cumulative advantage in the accumulation of wealth and property, access to education and housing, health and well-being, and all matter of social opportunities.[4] Racism, as both white supremacist/anti-Black [5] ideology and institutionalized arrangement, remains merely transformed with its’ systemic foundations intact. Segregation in housing and education persists at levels beyond that noted in Brown v. Board of Education, racial wealth gaps grow, and racial disparities in criminal injustice proliferate at a pace that has led to the label “The New Jim Crow”. [6]

Detail from Silouette by Kara Walker

Detail from Silouette by Kara Walker

In tragic irony, the Civil Rights Act’s requirement of race-neutrality has perhaps ushered in an era of more insidious de facto discrimination, that is now denied through “:color-blind” rhetoric. A large body of research documents the paradigmatic shift from overt essentialist racism to color-blindness.[7] This style of racism relies heavily on ideological frames and linguistic shifts which allow whites to assert they “do not see race”, deny structural racism, claim a level playing field that in fact now victimizes them with “reverse discrimination” and appeals to the “race card”, and argue that any discussion of race/racism is on fact racist and only serves to foment divisions rather than reflect/redress societal realities. “Color-blind racism” also creates a set of code terms that implicitly indict people of color without ever mentioning race.[8]

In the Post -Civil Rights Era, the color-blind paradigm has become deeply ensconced in law and politics. Continued movement towards “race-neutrality” is the hallmark of a series of Supreme Court decisions that deny the role of institutionalized racism and increasingly limit the role of race in constitutional remedies for inequality in matters of affirmative action and educational access, voting rights, and all matters of criminal injustice. [9]Criminal justice – as it did post- Reconstruction – continues to play a central role in the continued subjugation of Blacks in particular and will serve as the central example of both past and current patterns of discrimination.

On the occasion of the 50th Anniversary of the passage of the Civil Rights Act, questions again must be raised about its’ ultimate impact on racial justice. While this legislation made a substantial contribution to effectively dislodging white supremacy from overt expression in the law, the call instead to race-neutrality left anti-blackness unchallenged. The result, buttressed by judicial interpretations that further limit the consideration of race and the proliferation of color-blind rhetoric throughout popular and political discourse, has resulted in a situation of continued subjugation, particularly through the criminal justice system. One must ask – given Constitutional history, Supreme Court rulings that grind at a snail’s pace from the legitimation of slavery and exclusion to segregation to no consideration, and legislative lethargy – what are the pathways towards racial redress and equal protection of the law?

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CI: On Birmingham, #Ferguson and the Meaning of Movement

October 15, 2014 By: nancy a heitzeg Category: Anti-Racism, Arts and Culture, Civil Rights, Criminal Injustice Series, Intersectionality, Media Conglomeration, Voting Rights, What People are Doing to Change the World

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

 

On Birmingham, #Ferguson and the Meaning of Movement
by nancy a heitzeg

From the earliest days of unrest after the murder of Mike Brown, comparisons have been made to the Civil Rights Movement. Certainly Mike Brown himself evoked thoughts again of Emmett Till, as for 4 and one half hours, the whole watched as his body lay in the street. We saw what they had done to Leslie McSpadden’s boy. Then came the Ferguson Police Department with the dogs, reminiscent of Birmingham, the Bloody Sunday-like excesses of official response to non-violent protesters. And, in the 68 days since Mike Brown’s death from August 9th through #FergusonOctober, there have been unrelenting marches, protests, sit-ins, shut-downs, flash mobs,  and more.

The comparisons to the Civil Rights Movement of the 1950s and 1960s have been furthered by both activists and media. 1964 = 2014. Ferguson = Birmingham. But does it ?

Although there are many points of comparison there are questions too. What has changed? What does that mean for movement vision and tactics today? There are many questions to consider– no concrete answers to had. Movements of course are organic – by their very nature , they evolve to address the issues of the time, and past movements are never a perfect template for present or future. Movements emerge and take on a life of their own that no amount of planning  or calculated questions can ever fully account for. But ask we must. And since History is a Weapon, Eyes on the Prize can serve as one of our guides.*

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Revelations: “blood river run”

August 24, 2014 By: nancy a heitzeg Category: Anti-Racism, Arts and Culture, Civil Rights, Criminal Injustice Series, Intersectionality, Prison Industrial Complex

Wanda Coleman, Emmett Till

CI: Justice As Theft

June 11, 2014 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Corrupt Legislature, Criminal Injustice Series, Economic Terrorism, Education, Housing, Immigration, Intersectionality, LGBTQ, Poverty, Voting Rights, Workers' Rights

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

Justice As Theft: Into the Twilight Zone
by Kay Whitlock

In 2011, Tonya McDowell, a homeless woman from Bridgeport, Connecticut, was charged with first degree (felony) larceny  and conspiracy to commit larceny for enrolling her 6-year-old son in Brookside Elementary School in the community of Norwalk.  Because McDowell and her son did not legally reside in Norwalk, the rationale for the charges was theft of $15,686 in educational costs from the Norwalk public school system. She faced a possible sentence of 20 years in prison. Moreover, McDowell’s babysitter was evicted from public housing because she apparently assisted by providing  false documents necessary for enrolling the young boy.

McDowell and her son are black; the Norwalk public school system is predominantly white – and therefore better funded than the Bridgeport system, in which people of color predominate. Essentially, she was charged with “stealing” a good public education for her son, who is entitled to public education, but not, presumably, a good one.

This prosecution was outrageous, right?  Yes – by any reasonable standard of human decency, anyway. But we live in a societal Twilight Zone in which the often-subterranean currents of the dominant U.S. public imagination respond to virtually all claims to social and economic justice as some form of theft, with all of the dissonance, danger, anxiety, emotional vulnerability, defensiveness, and fury associated with its evocation.

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CI: The Time Has Come

May 21, 2014 By: nancy a heitzeg Category: Anti-Racism, Arts and Culture, Civil Rights, Corrupt Judiciary, Corrupt Legislature, Criminal Injustice Series, Economic Terrorism, Education, Housing, Intersectionality, Poverty, Prison Industrial Complex

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

The Time Has Come
Editor’s Note from nancy a heitzeg

It is a week where there is too much to say, so instead we will say very little. We stand in the shadows of the anniversaries of the never-implemented Brown decision, and the day Philadelphia Police Department said “Let the Fire Burn!”We note the occasion of the birthday’s of Malcolm X, Lorraine Hansbury, and Ho Chi Minh, as we still demand an end to mass youth incarceration, brace ourselves for a “debate” about reparations,  and await word as to whether a Black Woman has any Ground to Stand.

Let us reflect on this recent history, not on what has been won, but what is left to be done. A History, that is neither some disregarded dustbin, nor a mausoleum/museum filled with past relics of partial victories.

History is Alive. And History is A Weapon.

Use it.

Eyes on the Prize: The Time Has Come (1964-66)
After a decade-long cry for justice, a new sound is heard in the civil rights movement: the insistent call for power. Malcolm X takes an eloquent nationalism to urban streets as a younger generation of black leaders listens. In the South, Stokely Carmichael and the Student Nonviolent Coordinating Committee (SNCC) move from “Freedom Now!” to “Black Power!” as the fabric of the traditional movement changes.

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Brown at 60: “Great Progress, a Long Retreat and an Uncertain Future”

May 17, 2014 By: nancy a heitzeg Category: Civil Rights, Education, Government for Good, Intersectionality, Prison Industrial Complex

index

Brown at 60: Great Progress, a Long Retreat and an Uncertain Future

Authors: Gary Orfield and Erica Frankenberg, with Jongyeon Ee and John Kuscera
UCLA’s Civil Rights Project/Proyecto Derechos Civiles,  May 15, 2014

“Brown was a major accomplishment and we should rightfully be proud. But a real celebration should also involve thinking seriously about why the country has turned away from the goal of Brown and accepted deepening polarization and inequality in our schools.  It is time to stop celebrating a version of history that ignores our last quarter century of retreat and begin to make new history by finding ways to apply the vision of Brown in a transformed, multiracial society in another century.”

On This Day

Michelle Obama Cites View of Growing Segregation

Revelations: Black Power Salute

April 27, 2014 By: nancy a heitzeg Category: Anti-Racism, Arts and Culture, Civil Rights, What People are Doing to Change the World

The Explosive 1968 Olympics, International Socialist Review

Dr. Harry Edwards: Rebel With A Cause, Bleacher Report

1968: Black athletes make silent protest, BBC

CI: Beyond the Pessimism of Certainty

February 19, 2014 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Intersectionality, Prison Industrial Complex, What People are Doing to Change the World

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

Beyond the Pessimism of Certainty
Editors Note from nancy a heitzeg

There is a pessimism in certainty. We expect the Verdict, knowing  laws and legal systems purported to be “race-neutral” are anything but,  knowing a system rooted in the criminalization of Blackness, cannot make the case for the humanity of its Black victims, knowing that only some are granted ground to stand or selves to defend.

We and others have written — with a grim certainty — the same words time and time again, searching for new ways to express the familar pain, looking for fresh takes on the old system that is, in the end, just simply slavery by another name.

But not Today – there will be only this….

noj nopThe Optimism of Uncertainty
by Howard Zinn

From an excerpt of Paul Rogat Loeb’s book “The Impossible Will Take a Little While“:

“In this awful world where the efforts of caring people often pale in comparison to what is done by those who have power, how do I manage to stay involved and seemingly happy? I am totally confident not that the world will get better, but that we should not give up the game before all the cards have been played. The metaphor is deliberate; life is a gamble. Not to play is to foreclose any chance of winning.

To play, to act, is to create at least a possibility of changing the world. There is a tendency to think that what we see in the present moment will continue. We forget how often we have been astonished by the sudden crumbling of institutions, by extraordinary changes in people’s thoughts, by unexpected eruptions of rebellion against tyrannies, by the quick collapse of systems of power that seemed invincible. What leaps out from the history of the past hundred years is its utter unpredictability. This confounds us, because we are talking about exactly the period when human beings became so ingenious technologically that they could plan and predict the exact time of someone landing on the moon, or walk down the street talking to someone halfway around the earth.

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