“U.S. Citizens Have A Right To Protest, Even In Ferguson”: Rights Not Respected In The Moment Are Not Rights At All
Last week, a federal judge told us what we already knew.
Namely, that police in Ferguson, Missouri, violated the rights of protesters demonstrating against the shooting death of Michael Brown. U.S. District Judge Catherine Perry struck down an ad hoc rule under which cops had said people could not stand still while peacefully protesting. Some were told they couldn’t stop walking for more than five seconds; others that they had to walk faster.
Again: These were not rioters. These were citizens seeking “peaceably to assemble, and to petition the Government for a redress of grievances,” as the First Amendment gives them the right to do. So Perry’s ruling is welcome, but not particularly surprising. The no-stop dictate was so flagrantly wrong as to make any other decision unthinkable.
Still, one’s sense of righteous vindication is tempered by the fact that police felt free to try this absurd stratagem in the first place — and by the fact that this was hardly the only recent example of police using the Constitution for Kleenex.
Ferguson, let us not forget, is also the town where reporters were tear gassed and jailed and photographers ordered to stop taking pictures, which seems a pretty straightforward abridgment of the Constitution’s guarantee of freedom of the press. Meanwhile, a new ACLU report makes Boston Police the latest — but hardly the only — department empirically shown to engage in racially biased policing, which would violate the Fourteenth Amendment’s promise of “equal protection of the laws.” And a recent Washington Post series illustrated how civil asset forfeiture laws allow police to search your vehicle, seize any cash they find and keep it, without even charging you with a crime, until or unless you prove to their satisfaction that you came by the money legally. Goodbye, Fourth Amendment protection against “unreasonable searches and seizures.” Farewell, Fourteenth Amendment stricture against seizure of property “without due process of law.”
It seems our constitutional rights are being nibbled out from under us, compromise by compromise, expediency by expediency, while we watch with dull complacence. In our unthinking mania for laws to “get tough on crime,” we actually made it tougher on ourselves, altering the balance of power between people and police to the point where a cop can now take your legally earned money off your sovereign person and there’s little you can do about it.
“I know my rights,” an aggrieved citizen would yell once upon a time. Turns out that doesn’t mean a whole lot anymore.
Indeed, at the height of the Ferguson protests, an L.A. cop named Sunil Dutta published in the Washington Post an op-ed advising that, “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, he said, even if you “believe (or know)” your rights are being violated. Deal with it later.
Certainly, he’s correct that there’s nothing to be gained by making an a– of yourself or making an angry cop angrier. Nothing will be settled on a street corner.
Yet, there is something unsettling about the idea that you are only allowed to assert your rights at a later date in a different forum. The bullying behavior and contempt for the Constitution that characterized police in Ferguson ought to leave us less than sanguine with that notion, ought to encourage us to resist — at the ballot box, in the council meeting and, yes, by lawful protest — this drift toward unlimited police authority.
It’s all well and good that now, several weeks after the fact, a court affirms the rights Ferguson police denied. But that’s a poor consolation prize. An argument can be made that rights which aren’t respected in the moment they are asserted are not really rights at all.
By: Leonard Pitts, Jr., Columnist, The Miami Herald; The National Memo, October 12, 2014
“The Usual Sorry For Your Loss”: Ferguson Police Chief’s Sad Excuse For An Apology
It took four hours for the police in Ferguson, Mo., to remove the body of Michael Brown, the unarmed teenager killed by a police officer, from the street where it lay. It took the police chief nearly seven weeks to issue an apology to Mr. Brown’s family. His videotaped comment was late, oddly staged and very unclear about what exactly he was apologizing for and why (apart from perhaps a desire to keep his job).
The videotape (http://nyti.ms/1BceEnw) by the police chief, Thomas Jackson, was bizarre in many ways. Appearing before an American flag and what looks like a city flag of Ferguson, he was not just in plain clothes instead of his uniform but he was wearing a golf shirt.
He started by talking about how the shooting of Michael Brown had sparked a national “conversation” about race and the role of the police “in that conversation.” Well, no. It sparked angry protests that were met by police armed to the teeth with automatic weapons, armored vehicles and tear gas. It sparked some rioting and looting. And it sparked outrage among African Americans around the country and not just in Ferguson, a suburb of St. Louis that is heavily black but has a town government and police force that is almost entirely white.
If that is Mr. Jackson’s idea of a conversation, I’d hate to see his idea of an argument.
Mr. Jackson allowed that Mr. Brown’s death was “the central issue that brought us here today.” And he said to the slain teenager’s family: “I’m truly sorry for the loss of your son. I’m also sorry that it took so long to remove Michael from the street.”
Please note: He’s not apologizing for the actual killing of Mr. Brown. He’s just offering the usual “sorry for your loss” that police offer people whose loved ones are killed – say in an automobile crash. And as for his apology for the four-hour delay in which the boy’s body lay on the street, that seemed pretty conditional too.
“The time that it took involved very important work on the part of investigators who were trying to collect evidence,” he said, adding that the investigators “meant no disrespect” and were “simply trying to do their jobs.”
He then apologized — actually seeming sort of sincere about it — to “peaceful protesters who did not feel I did enough to protect their constitutional right to protest.”
But it was not that you did not do enough to protect that right, Mr. Jackson, but you sent your small-town trained, big-war equipped cops out to deny them that right with the threat of deadly force.
As I said, I’m not sure why Mr. Jackson made this video. But it’s far too late, far too confused and far too self-serving to matter a whole lot.
By: Andrew Rosenthal, Taking Note, The Editorial Page Editors Blog; The New York Times, September 26, 2014
“Neocons’ Ferguson Freakout”: Why Their Latest Attack On Obama Makes Them Look So Silly
Near the very end of his Wednesday speech to the U.N. General Assembly — a speech that pundits described as “Wilsonian” and “the most liberal foreign policy address” of his career — President Obama acknowledged that despite its claim of global leadership, the United States sometimes falls short of living up to its self-professed values. “I realize that America’s critics will be quick to point out that at times we too have failed to live up to our ideals,” Obama said. “In a summer marked by instability in the Middle East and Eastern Europe, I know the world also took notice of the small American city of Ferguson, Missouri,” Obama continued, “where a young man was killed, and a community was divided.”
This was the geopolitical equivalent of a boss trying to prove to her employees she’s relatable by noting that even she sometimes makes mistakes. And if they noticed this moment at all, most people likely saw it for what it was: a harmless act of genuflection, delivered by a U.S. president in service of his ultimate goal, rallying global opinion behind another American war in the Middle East. In other words, nothing to see here, folks; keep it movin’.
But as we now know all too well, neoconservatives are not like most people; their response to Obama’s Ferguson remark was nothing short of apoplectic.
“I was stunned,” neocon hero and former Vice President Dick Cheney said of the Ferguson reference during an appearance on Sean Hannity’s Fox News show later that night. The president’s rhetorical pairing of the turmoil in Ukraine and the Levant with that in Ferguson, Cheney said, was simply unacceptable. “In one case, you’ve got a police officer involved in a shooting, there may be questions about it to be sorted out by the legal process, but there’s no comparison to that with what ISIS is doing to thousands of people throughout the Middle East,” Cheney said, before huffing: “To compare the two as though there’s moral equivalence there, I think, is outrageous.”
Washington Post columnist and fellow neoconservative Charles Krauthammer hit a similar note in his response (also delivered on Fox News, naturally) by dusting off a circa 2009 anti-Obama talking point and describing the speech as “a continuation of the apology tour.” Echoing Cheney, Krauthammer declared Obama “intended [to draw] a moral equivalence” between ISIS and America. He then snarked about the silver lining of having Obama “talking about our sins” at the U.N. in New York City, rather than doing so while on foreign soil. (Like, say, Montreal, where Krauthammer spent his childhood.)
Last — and considering this is the man who helped organize the smear campaign against Bowe Bergdahl — very much least, there was Richard Grenell, former top aide to every neoconservative’s fantasy presidential candidate, ex-U.N. Ambassador John Bolton. Writing at, yes, Fox News’ website, Grenell argued the president’s mentioning Ferguson was “a big mistake.” Grenell conceded that “humility and self-reflection are admirable leadership qualities” but nevertheless warned how Obama’s speech “gives foreign diplomats from Arab countries and Russia the excuse they need to dismiss America’s condemnation of their actions.” Because they were otherwise so primed for genuine cooperation…
To state the obvious, it is not surprising to find neoconservatives blasting the president, even if he’s currently launching a war against ISIS that, in significant respects, justifies itself intellectually through neoconservative-friendly arguments. Dedicated neoconservatives tend to be rigid partisans when it comes to politics, uninterested in compromise and focused primarily on controlling U.S. military power. What’s striking about the neocon attack isn’t its churlishness, therefore, but rather its transparency. Think of the characteristic emotional tics of neoconservatism — its paranoia, its insecurity, its obsessive fear of looking weak — and look back again at the words of the president’s neocon critics. They’re all there.
An example: For Cheney, Krauthammer and Grenell, the obvious but unstated assumption is that an American president addressing the United Nations must do so as if he has something to hide. Obama’s attempt to emphasize the U.S.’s role as both leader and member of the international order — to approach the world as an eager partner instead of an overbearing hegemon — is offensive to them because it treats the idea of a global community as an aspiration instead of a nuisance. Most neoconservatives, as Grenell’s old boss Bolton infamously made plain, aren’t much interested in the idea of a U.N. Since the U.S. can militarily do almost whatever it wants, they don’t see the purpose.
Along the same lines, the response from all three men included expressions of outrage at the president’s supposedly drawing a moral equivalence between ISIS and Ferguson’s police. The fear of the pernicious results of moral equivalency can be found throughout the right, but in the realm of foreign policy, it’s most pronounced among neoconservatives, for whom any recognition of the most basic shared humanity between the U.S. and its foes — and I’m talking basic, here; like the capacity to make mistakes — is tantamount to swearing off any claim to moral legitimacy. The fact that the United States is a more humane, responsible and decent global citizen than the genocidal ISIS is obvious enough to most of us (and not saying much, either). But, again, the neocons are the exception.
Finally, the neocon pushback also highlights what is to my mind one of their most distinctive and revealing features — their utter lack of interest in domestic policy. Neo-imperialists that they are, neocons often see domestic politics solely through the lens of foreign affairs. And because they’re so zeroed-in on what they imagine the world’s perception of the U.S. is (as well as what it should be), they’ll not infrequently analyze domestic events with a kind of myopia that prioritizes the U.S. #brand above all else. Richard Grenell doesn’t know enough about the goings on in Ferguson to understand that Michael Brown’s killing had nothing to do with his alleged robbery, which officer Darren Wilson did not know of when he came into conflict with the teen. He refers to it as a “burglary-turned-shooting.” (I suppose we could chalk Grenell’s mistake up to laziness and/or a desire to mislead, but I’m feeling generous.)
“When Whites Just Don’t Get It”: After Ferguson, Race Deserves More Attention, Not Less
Many white Americans say they are fed up with the coverage of the shooting of Michael Brown in Ferguson, Mo. A plurality of whites in a recent Pew survey said that the issue of race is getting more attention than it deserves.
Bill O’Reilly of Fox News reflected that weariness, saying: “All you hear is grievance, grievance, grievance, money, money, money.”
Indeed, a 2011 study by scholars at Harvard and Tufts found that whites, on average, believed that anti-white racism was a bigger problem than anti-black racism.
Yes, you read that right!
So let me push back at what I see as smug white delusion. Here are a few reasons race relations deserve more attention, not less:
- The net worth of the average black household in the United States is $6,314, compared with $110,500 for the average white household, according to 2011 census data. The gap has worsened in the last decade, and the United States now has a greater wealth gap by race than South Africa did during apartheid. (Whites in America on average own almost 18 times as much as blacks; in South Africa in 1970, the ratio was about 15 times.)
- The black-white income gap is roughly 40 percent greater today than it was in 1967.
- A black boy born today in the United States has a life expectancy five years shorter than that of a white boy.
- Black students are significantly less likely to attend schools offering advanced math and science courses than white students. They are three times as likely to be suspended and expelled, setting them up for educational failure.
- Because of the catastrophic experiment in mass incarceration, black men in their 20s without a high school diploma are more likely to be incarcerated today than employed, according to a study from the National Bureau of Economic Research. Nearly 70 percent of middle-aged black men who never graduated from high school have been imprisoned.
All these constitute not a black problem or a white problem, but an American problem. When so much talent is underemployed and overincarcerated, the entire country suffers.
Some straight people have gradually changed their attitudes toward gays after realizing that their friends — or children — were gay. Researchers have found that male judges are more sympathetic to women’s rights when they have daughters. Yet because of the de facto segregation of America, whites are unlikely to have many black friends: A study from the Public Religion Research Institute suggests that in a network of 100 friends, a white person, on average, has one black friend.
That’s unfortunate, because friends open our eyes. I was shaken after a well-known black woman told me about looking out her front window and seeing that police officers had her teenage son down on the ground after he had stepped out of their upscale house because they thought he was a prowler. “Thank God he didn’t run,” she said.
One black friend tells me that he freaked out when his white fiancée purchased an item in a store and promptly threw the receipt away. “What are you doing?” he protested to her. He is a highly successful and well-educated professional but would never dream of tossing a receipt for fear of being accused of shoplifting.
Some readers will protest that the stereotype is rooted in reality: Young black men are disproportionately likely to be criminals.
That’s true — and complicated. “There’s nothing more painful to me,” the Rev. Jesse Jackson once said, “than to walk down the street and hear footsteps and start thinking about robbery — then look around and see somebody white and feel relieved.”
All this should be part of the national conversation on race, as well, and prompt a drive to help young black men end up in jobs and stable families rather than in crime or jail. We have policies with a robust record of creating opportunity: home visitation programs like Nurse-Family Partnership; early education initiatives like Educare and Head Start; programs for troubled adolescents like Youth Villages; anti-gang and anti-crime initiatives like Becoming a Man; efforts to prevent teen pregnancies like the Carrera curriculum; job training like Career Academies; and job incentives like the earned-income tax credit.
The best escalator to opportunity may be education, but that escalator is broken for black boys growing up in neighborhoods with broken schools. We fail those boys before they fail us.
So a starting point is for those of us in white America to wipe away any self-satisfaction about racial progress. Yes, the progress is real, but so are the challenges. The gaps demand a wrenching, soul-searching excavation of our national soul, and the first step is to acknowledge that the central race challenge in America today is not the suffering of whites.
By: Nicholas D. Kristof, Op-Ed Columnist, The New York Times, August 31, 2014
“The Power Of The Franchise”: Voting Still Matters When It Comes To Political Clout
More than a half-century after brave protesters marched and bled and died to demand the right to vote for black citizens, the ballot box remains a potent weapon for civic and political change — a radical undertaking that can shake up social systems and correct inequities and injustices. If there is any good news in the untimely death of Michael Brown, it’s that the black residents of Ferguson, Missouri, have been reminded of the power of the franchise.
As protests have ebbed and activists have sought solutions to police brutality, they’ve started to register Ferguson’s underrepresented black citizens to vote. That won’t solve every problem, nor will it produce instant results, but it’s certainly one obvious avenue toward social change.
It took tragedy and weeks of unrest — the unarmed Brown, a black teenager, was killed by a white police officer on August 9 — to awaken a sense of urgency. Even as the two elections of President Obama proved, once again, the persuasiveness of the ballot, many Americans, especially those in historically oppressed ethnic groups, failed to appreciate its power in state and local affairs.
As the demographics of Ferguson have changed over the last 10 to 20 years, its newer residents have not exercised their political clout. The city was about 80 percent white in 1980, but its white population was down to less than 33 percent by 2010, according to the U.S. Census. You wouldn’t know that from looking at its local leaders.
The city council of six has just one black member; the school board comprises six whites and one Latino. Of the 53 sworn police officers on the force, just three are black. That helps explain a law enforcement agency that shows disrespect and hostility toward its black citizens.
There is a danger, of course, in exaggerating the power of politicians to change the habits formed from centuries of racial injustice or to correct systemic inequities that remain stubbornly entrenched. Obama, indeed, is a case in point. He has attracted a noisy, if tiny, group of black detractors who regularly denounce him for failing to appreciably roll back the racism that has haunted black America for generations.
He has been criticized for failing to adopt a “black agenda” that would employ black Americans and close the gap between white and black earning power. He has been excoriated for occasionally reminding black audiences that hard work and responsible conduct engender success, even as racism remains a cultural force. He has even been castigated for failing to speak out more forcefully against police misconduct in Ferguson.
It’s understandable that there’s a degree of frustration and disappointment that Obama’s election hasn’t done more to mitigate historic forces. After his election in 2008, it seemed that barriers to black success would fall rapidly. Instead, there remains a significant gap in most measures of economic well-being, starting with the unemployment rate. While about 6.6 percent of whites are currently unemployed, about 12.6 percent of blacks are jobless.
That gap hasn’t changed in 50 years, and educational attainment doesn’t alter it appreciably. While the unemployment rate is lower for black college grads than for blacks with high school diplomas, there is still more joblessness among blacks with college degrees than among whites with similar educations.
There’s not much Obama, or any president, can do to change that. Still, elections matter because politicians can encourage progress in any number of ways, large and small. The Affordable Care Act — or Obamacare — is just one example of that. While its provisions apply to all Americans, it affects blacks disproportionately because they are less likely to be able to afford policies without it.
If the vote didn’t matter, Republicans would not have worked so hard over the last decade to block the franchise. They’ve pushed through voter ID laws, cut back early voting and purged voter rolls — all in an effort to block a few voters of color, a cohort that tends to vote for Democrats. That’s testimony to the enduring power of the vote, a power that Ferguson’s black citizens should put to good use.
By: Cynthia Tucker, The National Memo, August 30, 2014
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