“No Passive Resistence”: GOP’s War On Free Speech Intensifies
Dems have been faulted by conservative journalists for excessive political hyperbole in using the term “war on” in connection with GOP campaigns against unions, young voters, people of color, undocumented workers and women. Call it what you will, there shouldn’t be much doubt that Republicans are dedicated to undermining the political and citizenship rights of these groups.
Not content to wage a war on voting against pro-Democratic groups, it now appears that Republicans have declared a war on free speech as well. We had a staff post yesterday on the draconian anti-picketing bill now making it’s way through the Republican-controlled legislature in Georgia. Today DemocraticDiva Donna Gatehouse has an equally-disturbing blog, “AZ Legislature Attacks Civil Liberties” up at AFL-CIO Now. As Gatehouse explains:
…Women’s and reproductive rights groups will undoubtedly be at the state capitol to speak out against numerous shocking and intrusive anti-abortion and anti-contraception measures before the legislature this session. The GOP majority is apparently so frightened by this prospect it’s trying to make it a Class 1 misdemeanor to engage in “passive resistance.” Common nonviolent protest tactics such as going limp when the police try to remove you from an area or chaining yourself to something could get you up to a six-month month jail sentence.The deadline to introduce new bills has passed but Arizona has a maneuver, called a “striker,” that permits legislators to introduce bills beyond it. They strike out all the language in a previous bill and replace it with a new, and often totally unrelated, bill. It’s supposed to be reserved for real emergencies but it’s used for all kinds of bills, and usually to railroad them through the process with little time for public comment or debate. In this case, the “emergency” is lawmakers facing the unbearable thought of citizens calling attention to their outrageous and undemocratic agenda in the public square.
Phoenix blogger Steve Muratore reports that the “no passive resistance” bill is the idea of Rep. John Kavanagh (R-Scottsdale), who has a long background in law enforcement.
…Apparently, he testified that law enforcement officers are at risk of harm from Occupy protesters who passively resist…What harm? A hernia? Not if they lift with their knees as they’re supposed to.
Given the chance, today’s GOP would make criminals out of American heroes like Martin Luther King, Jr. and John Lewis, who tapped the power of nonviolent protest to strengthen America’s rights of free expression, freedom of assembly and free speech. During Dr. King’s lifetime, there were some Republican leaders of patriotic integrity who stepped up and took a stand in support of the first Amendment rights of protest and free speech. It appears that none who can meet that standard remain in today’s GOP.
By: J. P. Green, The Democratic Strategist, March 21, 2012
Only Conservatives Can End The Death Penalty
Every so often, one capital case makes a public spectacle of the American machinery of death. Last week, it was the controversy over Troy Davis, who was executed in Georgia after years of impassioned argument, organizing and litigation.
I honor those who worked so hard to save Davis’s life because they forced the nation to deal with the imperfections and, in some instances, brutalities of the criminal justice system.
Yet after all the tears are shed, the repeal of capital punishment is still a political question. Can the politics of this question change? The answer is plainly yes.
It’s hard to imagine now, but in 1966, more Americans opposed the death penalty than supported it — by 47 percent to 42 percent. But the crime wave that began in the late 1960s and the sense that the criminal justice system was untrustworthy sent support for capital punishment soaring. By 1994, 80 percent of Americans said they favored the death penalty, and only 16 percent were opposed.
Since then, the numbers have softened slightly. Over the past decade, the proportion of Americans declaring themselves against capital punishment has hovered around 25 to 32 percent. The mild resurgence of opposition — caused by a decline in violent crime and by investigations raising doubts about the guilt of some death-row prisoners — has opened up political space for action.
Liberals are not going to lead this fight. Too many Democratic politicians remember how the death penalty was used in campaigns during the 1980s and ’90s, notably by George H.W. Bush against Michael Dukakis in 1988. They’re still petrified of looking “soft” on crime.
Moreover, winning this battle will require converting Americans who are not liberals. The good news is that many are open to persuasion. Gallup polling shows that support for capital punishment drops sharply when respondents are offered the alternative of “life imprisonment, with absolutely no possibility of parole.” When Gallup presented this option in its 2010 survey, only 49 percent chose the death penalty; 46 percent preferred life without parole.
And a survey last year for the Death Penalty Information Center by Lake Research Partners showed that if a variety of alternatives were offered (including life without parole plus restitution to victims’ families), respondents’ hard support for the death penalty was driven down to 33 percent.
If a majority is open to persuasion, the best persuaders will be conservatives, particularly religious conservatives and abortion opponents, who have moral objections to the state-sanctioned taking of life or see the grave moral hazard involved in the risk of executing an innocent person.
Despite the cheering for executions at a recent GOP debate, there are still conservatives who are standing up against the death penalty. In Ohio this summer, state Rep. Terry Blair, a Republican and a staunch foe of abortion, declared flatly: “I don’t think we have any business in taking another person’s life, even for what we call a legal purpose or what we might refer to as a justified purpose.”
Last week, Don Heller, who wrote the 1978 ballot initiative that reinstated the death penalty in California, explained in the Los Angeles Daily News why he had changed his mind. “Life without parole protects public safety better than a death sentence,” he wrote. “It’s a lot cheaper, it keeps dangerous men and women locked up forever, and mistakes can be fixed.”
The most moving testimony against Troy Davis’s execution came from a group of former corrections officials who, as they wrote, “have had direct involvement in executions.”
“No one has the right to ask a public servant to take on a lifelong sentence of nagging doubt, and for some of us, shame and guilt,” they said. “Should our justice system be causing so much harm to so many people when there is an alternative?”
Political ideology has built a thick wall that blocks us from acknowledging that some of the choices we face are tragic. Perhaps we can make an exception in this case and have a quiet conversation about whether our death-penalty system really speaks for our best selves. And I thank those conservatives, right-to-lifers, libertarians and prison officials who, more than anyone else, might make such a dialogue possible.
By: E. J. Dionne, Opinion Writer, The Washington Post, September 25, 2011
Lynch Law Lives On Stage And In Troy Davis Execution
When you visit Atlanta, ask about the death of Troy Davis, an execution by lethal injection as miles of people across land and sea kept a vigil until it came to pass at 11:08 p.m. last Wednesday evening.
Nice to know law and order—or do I mean lynch law and order?—prevails in the stubborn deep South, whatever the world thinks. Davis was put to death despite a slew of supporters, including dignitaries and law enforcement experts, who found shades of reasonable doubt in his murder case.
In a stroke of amazing timing and relevance, Georgia’s capital city is the setting of a tragical musical, Parade, based on a true story of a 1915 lynching. I just saw the brilliant production on opening night at Ford’s Theatre on 10th Street here in Washington—the very spot where Abraham Lincoln was shot at close range, by someone he never saw coming in the dark. A vengeful son of the South, an actor, played a Shakespearean scene for all he was worth—MacBeth, Lincoln’s favorite.
On that tragic April night, Lincoln was heartily enjoying a comedy. Similarly, all seems bright at first in this Ford’s Theatre play. Parade’s exuberant ensemble charms with spring songs, costumes, and revelry as the curtain opens on Atlanta’s celebration of “Confederate Memorial Day” in April 1913. But the holiday itself reveals the defiance of Atlanta’s white society, keeping the anti-Yankee candles burning.
The theatre director, Paul R. Tetreault, expertly captures the tableau of a wounded world that tells itself, over and over, that it was never vanquished, despite the festering sore of the Recent Unpleasantness.
An old guard culture, hostile to outsiders, was the downfall for a Jewish New Yorker in his early 30s, Leo Frank, who made a good living as a factory superintendent. He was accused and arrested of a gruesome child murder. Playwright Alfred Uhry, author of Driving Miss Daisy, wrote the book for the Broadway play, launched onstage in 1998. Uhry has family ties to the story, in true Southern storytelling style. There are no secrets down there, except the ones they choose to tell years later.
Parade is no picnic as it wends its way through the Southern justice system on a murder case that became a national cause, like the Davis case. Frank was found guilty of fatally strangling a girl worker in his pencil factory. When he was sentenced to hang, there was an outcry from quarters who felt a virulent strain of anti-Yankee anti-Semitism played a part in the verdict.
The governor of Georgia a century ago, John Slaton, went against the will of Atlanta’s townspeople. His character, portrayed by Stephen F. Schmidt, exhibits courage and pathos, clear about the consequences of bucking the establishment. Governor Slaton reviews the conflicting evidence in Frank’s case and grants him clemency: life imprisonment instead of death by the state’s hand. That is precisely what Georgia state officials refused to do for Troy Davis.
Lead actor Euan Morton telegraphs Frank’s desperate plight with impressive restraint. Jenny Fellner, the actress who plays his wife Lucille, sparkles onstage with her singing voice and her journey to loving her husband, locked up and alone, more than she ever did.
Relentlessly, the end closes in. A well-connected mob of white men break into the jail where Frank is held, to take him for a long night ride. It was a well-planned thing. In the show as in life, the hooded men string Frank up—as he prays in Hebrew—and hang him, with picture postcards to show for it all. Very nice.
So if you get to Marietta, ask them about the tree where Frank was hanged. Yes, Georgia has lots of colorful local history, and the fun part is trying to see where the past ends and the present begins. Both the Davis and Frank convictions were reviewed by the U.S. Supreme Court, which denied relief or mercy in both cases. Oliver Wendell Holmes, the famous justice, scolded Georgia for what he called a form of “lynch law” in Frank’s trial. But he was a damn Yankee in the minority.
Tetreault and others chose this timely tale to inaugurate The Lincoln Legacy Project, an initiative to spark a national dialogue on overcoming violence based on hate or bigotry. Parade’s history lesson could not be more sobering. Early in the 20th century, lynchings of black men were at an all-time high in the Southern states (including Maryland.) This was a spur to the founding of the National Association for the Advancement of Colored People (NAACP) in 1909. Ari Roth of Theater J, a partner in co-producing the play, notes Frank met the same fate as so many black men at the hands of mobs. Parade, Roth said, is a “galvanizing reminder of what can go wrong in our country when hate speech and raging angers aren’t tempered and set to rest.”
Amen. And let the conversation begin.
By: Jamie Stiehm, U. S. News and World Report, September 26, 2011
With The Death Penalty, “Probably” Isn’t Good Enough
The death penalty is a barbaric anachronism, a crude instrument not of justice but of revenge. Most countries banished it long ago. This country should banish it now.
The state of Georgia was wrong to execute convicted murderer Troy Anthony Davis as protesters and journalists kept a ghoulish vigil Wednesday night — just as the state of Texas was wrong, hours earlier, to execute racist killer Lawrence Russell Brewer.
That’s hard for me to write, because if anyone deserved a syringe full of lethal poison it was Brewer. He was an avowed white supremacist who had been convicted, along with two accomplices, of the 1998 hate-crime murder of a black man, James Byrd Jr. They offered Byrd a ride, beat him up and then killed him by chaining his ankles to the back of their pickup and dragging him for more than two miles. When police found Byrd’s body, it was dismembered and decapitated.
“I have no regrets,” Brewer said in an interview with Beaumont, Tex., television station KFDM this year. “I’d do it all over again, to tell you the truth.”
Sweet guy, huh? Still, I can’t applaud his death at the hands of the well-practiced Texas executioners. It’s not that I believe his life had any redeeming value, just that the state was wrong to snuff it out.
The Davis case drew worldwide attention because of questions about the evidence of his guilt. Davis was found guilty of killing a Savannah, Ga., police officer, Mark MacPhail, in 1989. The conviction was based almost entirely on eyewitness testimony, and in the two decades since that trial, seven of nine witnesses have at least partially recanted.
The case became a cause celebre. Luminaries who could never be accused of being soft on crime — such as former FBI Director William Sessions and former GOP Rep. Bob Barr — argued that Davis should not be executed because of doubt about his guilt.
Wednesday night, in his last words, Davis told MacPhail’s family that “I did not personally kill your son, father and brother. I am innocent.” Then a deadly cocktail of drugs was pumped into his veins.
The Davis case makes a compelling case against the death penalty — but not because it is exceptional. On the contrary, it’s fairly ordinary.
Despite what you see on “CSI,” there isn’t always DNA or other physical evidence to prove guilt with 99.9 percent certainty. Jurors often have to rely on witnesses whose field of vision may have been limited — and whose recall, imperfect to begin with, degrades over time. Even when there’s no “reasonable doubt” about the defendant’s guilt — the standard for conviction — there’s often some measure of doubt.
And there are questions of process. Were witnesses coerced into testifying against Davis? A few say now that they were. Did prosecutors prove their case? The jurors certainly believed they did. Could racial bias have been a factor? Unlikely, given that the jury included seven blacks and five whites. Should Davis’s attorney have done a better job of presenting a defense? Almost surely.
It’s a mixed bag. I can’t ignore the fact that over the years, not one of the many judges who examined the case concluded there had been a true miscarriage of justice. This suggests to me that Davis was probably guilty.
But “probably” isn’t good enough in a capital case — and this is why the death penalty is flawed as a practical matter. Someone who is wrongly imprisoned can always be released, but death — to state the obvious — is irrevocable.
In scores of cases across the country, newly examined DNA evidence has proved that inmates jailed for rape or other sexual crimes were in fact not guilty. It is not just likely but certain that some defendants now on death row are innocent. Even if only one is eventually executed, that will be a tragic and unacceptable abuse of state power.
There was a chilling moment in a recent GOP candidates’ debate when Texas Gov. Rick Perry was asked about having authorized 234 executions, more than any other governor in modern U.S. history. The crowd, drawn largely from Tea Party ranks, cheered this record as if it were a great accomplishment. “I’ve never struggled with that at all,” Perry said, referring to execution as “the ultimate justice.”
But he should struggle with it. We all should.
By: Eugene Robinson, Opinion Writer, The Washington Post, September 22, 2011
How Southern Republicans Aim To Make White Democrats Extinct
State Rep. Stacey Abrams serves as the Georgia House Minority Leader.
Across the state, legislative maps are drawn to split voters along artificial lines to isolate them by race. Legislators see their districts disappear, themselves the target of racial gerrymandering. Citizens rise up in protest and demand the right to elect the candidate of their choice, but the ruling party ignores them. Racial groups are identified and segregated; their leadership eliminated. It is the way of the South. Only this isn’t 1964, the year before the signing of the Voting Rights Act. This is Georgia in 2011.
But this time, the legislators at risk are white men and women who have had the temerity to represent majority African-American districts, and Latino legislators who spoke up for their growing Hispanic population. In crossover districts, where whites and blacks have worked together for decades to build multi-racial voting coalitions, the new district maps devised by the Republican majority have slashed through those ties with speed and precision. If the maps proposed by the GOP in Georgia stand, nearly half of the white Democratic state representatives could be removed from office in one election cycle. Call it the “race card”—in reverse.
Reapportionment is a dangerous business. Once every 10 years, the naked ambition of political parties wars with the dwindling hope of voters that this time their voices will be heard. In the South, the voting lines traditionally aimed for specific targets—racial discrimination that purged minorities, diminishing their numbers and political power. If a legislator had the poor fortune to be of the wrong race, that district would disappear for a decade or more. The voters who relied on you would find themselves isolated and polarized, the victims of racial gerrymandering.
For most of the nation, the battle lines are drawn by partisan leaders who search for the sinuous lines that will connect like-minded voters to one another and disadvantage those who have shown a preference for the other side. That, as they say, is Politics 101.
But for a handful of states, the stakes are higher. Below the Mason-Dixon Line and scattered across the country, a legacy of poll taxes and literacy tests required a special remedy—Section 5 of the Voting Rights Act of 1965. The Voting Rights Act has a simple goal—integrate the voting of minorities into the fabric of our democracy. For any state held to its obligations, no changes can be made to election laws without pre-clearance by the Justice Department. In the last decade, the minority population across the South has increased, and by any measure, the Voting Rights Act has been the engine of racial progress.
In Georgia, the gains made under the Act are undeniable. Districts populated predominately by African-Americans have routinely elected white legislators to speak for them. In enclaves across the state, white voters have punched their ballots to elect African-American and Latino representatives. Crossover districts, where blacks and whites and Latinos co-mingle, have grown in prominence–combining with majority-minority districts to comprise nearly 35 percent of the House of Representatives.
In 2011, Georgia should stand as a model for the South and a beacon for those who believe in the rights of voters. However, based on the maps passed last week by the Republican majority, we are in danger of returning to 1964.
Redistricting is fundamentally about voters, and in Georgia, minority voters comprise fully 42 percent of the population. More importantly, these populations have aligned themselves with majority white constituents to demonstrate political power. Under the proposal, Republicans will pair 20 percent of Democrats and 7 percent of Republicans in the state House and eliminate the sole remaining white Democrat in Congress from the Deep South. The House pairings pit black Democrats against white Democrats in four contests, white against white in another and eliminate multi-racial coalition voting across the state. When the dust settles, between pairings and the creation of GOP-leaning districts, Republicans stand to knock off 10 white Democrats—half the total number. They will pick up seven new seats, for a total of 123 Republican seats, 56 Democratic seats and one Independent. This will give Republicans a constitutional majority in the state of Georgia; in other words, they will be able to pass any piece of legislation without opposition.
Let’s be clear. It is absolutely the prerogative of the majority party to maximize its political gains. No one questions the right of the GOP to draw as many districts as it can legally muster. The issue is not whether the GOP can increase its hold, but how.
The GOP’s newly drawn voting lines in the state of Georgia reveals a pernicious new cynicism in our politics—the use of the Voting Rights Act as a weapon to destroy racial, ethnic, and gender diversity. It is no consolation if individual black legislators benefit in the GOP’s new scheme. The Voting Rights Act was never intended to protect a particular minority. Indeed, the highest goals of the Act, one of modern America’s most progressive pieces of legislation, was to encourage multi-racial cooperation and understanding. Precisely, what we in Georgia have begun to achieve. More alarmingly, this new strategy targeting white legislators is not limited to our state. If effective here, the cradle of the civil rights movement, the strategy is expected to be implemented in mid-term redistricting across the South. Republican lawmakers in Alabama, Louisiana, North and South Carolina, Mississippi, and Virginia are watching closely.
Today, we all decry a national partisanship that seems unhealthy and corrosive. But there is nothing wrong with partisanship, when it is a battle of ideas. The Voting Rights Act is intended to ensure that differing ideas be heard, that no single voice drown out the rest. Sadly, that is not what we see rising in the South. The Voting Rights Act is in danger of not protecting the promise of a new day, but becoming a new tool in the politics of destruction.
By: Stacey Abrams, Georgia House Minority Leader, Published in U. S. News and World Report, September 19, 2011