Free Speech: For Whom is it Free?

WE THE PEOPLE of the United States…

Yesterday the so-called president of the United States had what should have been the pleasant task of honoring Navajo code talkers from World War II. As we all know by now, he did so at the White House, in front of a painting of Andrew Jackson, fetishized Native peoples, and then, for at least the twelfth time, referred to Elizabeth Warren as “Pocahontas.”  Donald Trump’s and Elizabeth Warren’s workplace is the Unites States government, whose buildings include the White House, Congress, the Supreme Court, and media venues and publications.  This racist epithet, repeated now so many times, constitutes not only demonstrated racial harassment of Elizabeth Warren as employee in the national workplace, but also racial harassment of Native peoples in general.  This could be grounds for a Title VII lawsuit against the harasser-in-chief and should be added to the long list of discriminatory, harassing, and retaliatory actions taken by this individual.

Some of you out there might think, “Oh, come on.  This is no big deal.  These are just words.  Let’s move on.”  I would ask you, though, how often will we agree to move on?  The racist-in-chief already lowered the bar so far so as to not only allow, but actually encourage, the violence of Charlottesville, thus chilling and degenerating conversations about racial justice, extreme incarceration, and hate speech.  These highly public statements, made live, on the news, and impetuously, through Twitter, create a hostile work environment for the individuals targeted and for the groups the harasser-in-chief believes they represent.  I also wonder if those who do not belong to legally protected categories but who do experience harm from the hostile work environments that impinge on others’ freedoms have some sort of claim here to insist on improved environments for all.

In this piece from The New York Review of Books (9-28-17), National Legal Director of the ACLU David Cole asks these important questions: “Does the First Amendment need a rewrite in the era of Donald Trump? Should the rise of white supremacist and neo-Nazi groups lead us to cut back the protection afforded to speech that expresses hatred and advocates violence, or otherwise undermines equality? If free speech exacerbates inequality, why doesn’t equality, also protected by the Constitution, take precedence?”  Cole examines the elasticity of the First Amendment, stating that fewer millennials have faith in free speech than did previous generations and that some European nations differ from the United States in the scope of prohibitions against racist speech.  While Cole acknowledges the importance of these points, as well as the significance of the 1993 collection of essays titled Words that Wound: Critical Race Theory, Assaultive Speech, and the First Amendment, he still insists: “If free speech is critical to democracy and to holding our representatives accountable—and it is—we cannot allow our representatives to suppress views they think are wrong, false, or disruptive.”  In a speech delivered in Lexington, Virginia, Virginia ACLU Board member Wornie Reed cogently and ardently defended free speech along the same lines, as he does in this piece about the Virginia ACLU’s defense of Charlottesville white supremacist rally leader Jason Kessler.

Ted Gup writes in “Free Speech, but Not for All?” (The Chronicle of Higher Education, 4-27-17): “Barring speakers or preventing hate speech does not safeguard the oppressed. It empowers the oppressors, and it suggests that their words are to be feared for a compelling, persuasive power that, absent the muzzle, might infect others.”  As Gup defends free speech in his critique of Ulrich Baer’s argument, he makes reference to “Baer and his ilk.”  He cites “abolitionists, gay and lesbian people, civil-rights activists, feminist, and others on the cutting edge of change” as groups who have benefited from unfettered free speech, but then uses Arthur Miller as the principal example of someone who was barred from speaking at the University of North Carolina.  Arthur Miller did not suffer for lack of visibility and invitations to share his work publicly, but many others from the groups cited by Gup certainly have.

Cole, Reed, and Gup make excellent arguments in favor of maintaining free speech laws.  These arguments have sound basis in constitutional law and knowledge of traditional touchstones for democracy.  Nevertheless, I find the arguments also to be steeped in a nostalgia for the United States as the cradle of democracy from centuries past, when founding fathers owned human beings and limited the rights of enslaved individuals and women.  Democratic freedoms played favorites back then, and they still do now.  When I think about the $17 million of taxpayer money used by members of Congress to hush cases of harassment against them, I think again about who gets to speak, who is silenced, and who pays for it all.

My question, then, is this: At what point have we indulged free speech so thoroughly and allowed free speech to become so married to Second Amendment rights that free speech can be said to limit the freedoms of others? If African-Americans and other people of color felt unsafe just existing in the streets of Charlottesville on August 11 and 12, then they were less free to navigate the public sphere during those days.  If Nazis and presidents continue to be given maximum public forums to expose hatred, they change the environment and the level of risk for the groups they hate (people of color, migrant peoples, women, non-Christians, LGBTQIA+ individuals, etc.).  Why must someone’s right to use the N-word or the C-word, both of which can constitute physical threats, supersede others’ rights to move through public spaces, which include workplaces, restaurants and stores, schools, and government office buildings?  If the Sessions Justice Department advocates for greater free speech, especially on college and university campuses, can we interpret this as providing a more ample forum for hate speech?  If so, then hateful speech acts will require more corporeal forms of resistance, thus upping the ante on conflict and the real risks and dangers it represents. (*See Tiya Miles’ piece, “Fighting Racism Is Not Just a War of Words,” in the 10-21-17 The New York Times.  See also Adam Harris’ free speech-hateful speech piece in the 10-25-17 The Chronicle of Higher Education.)

In her book License to Harass, Laura Beth Nielsen states: “Rather than seriously engaging in an analysis of the costs and benefits to society of rules that might limit such behavior [hate speech], American courts have treated such conduct as ‘speech,’ which can be regulated only if the state offers a compelling justification.  This doctrinal treatment in effect grants a license to harass.  The judicial protection of offensive public speech works to normalize and justify such behavior” (3). Nielsen then (on page 3, and later in Chapter 7) makes the point that the most legally restricted form of public/street speech is that of begging, a restriction which demonstrates a significant class bias.  We might consider swinging the pendulum away from granting power to practitioners of hate speech and violent speech and towards those who have already been afforded certain protections under the law (Title VII, Title IX) precisely because of their historically limited free access to public spaces and media outlets.

The harasser-in-chief has created the biggest hostile work environment possible—the United States of America.  We do not have to allow this to continue.

Day of Reckoning

Every so often we need to list actions that are insane, inane, and inhumane.  Today, let’s do some accounting.

Hurricanes Harvey, Irma, Maria, and José are not just a part of hurricane season.  They are part of an ever more worrisome chain of cataclysmic events caused by climate change.  Yes, we should care about the people affected—those who have lost life, property, livelihood, and clean water—in every way we can, and we have to stop causing these events, then throwing up our hands as if we don’t understand their origin, and then calling upon people to clean up the messes.

Colin Kaepernick and dozens of other NFL players are not just well-paid professional athletes with a bone to pick.  They are brave individuals who are responding to a system of oppression that we white people have created and perpetuated.  We have all witnessed the excessive use of force on African Americans, resulting in death, incarceration, and entrenched patterns that we are only now starting to acknowledge.  We shouldn’t foment racism and then criticize those who protest it, those who have a legitimate cause to question allegiance to a flag whose country has never chosen to represent their interests.  Colin Kaepernick should have a solid Title VII case working, especially given the retaliation he has suffered for his important gesture of resistance, a gesture made in a context highly visible to white men, the group perhaps most in need of lessons about United States history and present-day realities.

The events of Charlottesville didn’t happen in a vacuum.  We have spent too long neglecting the evolution of the First Amendment and indulging a long outdated interpretation of the Second Amendment.  Jeff Sessions is busy accusing college and university campuses of serving as echo chambers for people with homogeneous opinions and fragile egos, hearkening back to some mythical good old days when tough people argued out tough opinions.  Whatever good old days he may be referring to were days when colleges and universities had not yet opened their doors to many people who weren’t white or male.  Not all white males have the same opinions, but an environment that welcomes them and them only also protects them from heterogeneity and challenges to their privilege.  It creates power systems for them and them only, power systems that manifest themselves in the very type of government that is not working for many of us at this moment.  The powerful weapons available to the common person give the Second Amendment a ferocious sway over the First, as we witnessed so clearly in Charlottesville.  Open-carry laws on campuses such as The University of Texas certainly chill free speech freedoms and impulses.

It is no coincidence that Betsy DeVos is unraveling all of the equality work done by President Obama.  We created Betsy DeVos, and her toady, Candice Jackson, by allowing attack after attack on the character and actions of the most qualified candidate for the presidency, demonstrating that we can’t stand women who have earned power, and giving power to someone wholly unqualified to be Secretary of Education just because she is (1) a billionaire and (2) willing to assume that women who have been raped are liars and to give alleged rapists (Brock Turner, for example) the overwhelming benefit of the doubt.  DeVos serves to dismantle Obama-era protections, yet another demonstration of the racist need to undo all the good work done by a black president.  Trump’s proposal to Congress to end the Deferred Action for Childhood Arrivals (DACA) again erases an Obama-era program and, according to this article from The Atlantic, reverses upward mobility for many of the nation’s young people.

The travel ban imposed upon Muslim-majority nations, a ban rearing its ugly head anew, now includes Chad, North Korea, and Venezuela, much to the confusion of most people who are experts in information-sharing among nations with an interest in eliminating state-sponsored terrorism.  Chad’s inclusion, even in a Trumpian worldview, is quite confusing. Trump has baited North Korea and then blamed the nation for its (admittedly) dangerous and (hopefully) unwarranted missile tests.  The ban of Venezuela, whose citizens are suffering in many ways, including vast food shortages, seems cruel and, to put it lightly, un-neighborly, especially for a nation that offered aid to the United States after Harvey and Irma. The inclusion of non-Muslim-majority nations represents a chess move on Trump’s part to attempt to make the ban appear less targeted at one religious group.

Despite recommendations from his top military advisers and servants, the “president” continues to insist that transgender individuals should not serve in the military.  We shouldn’t have to be in an uproar about having a president treat people as less than human for their race, religion, national origin, and gender identity.  These groups are supposed to be protected under the law (Title VII, 1964, and Title IX, 1972) of the United States and are now targeted by the government of the United States.

What happened to infrastructure and jobs?  Why have the “president” and Congress spent nine months trying to repeal and replace the Affordable Care Act, only to find that it is the best solution we have so far?  (They could have spent those nine months fixing certain elements of the ACA to make it even stronger.) Where are the “progress” and “greatness”?  What is beneficial, humane, kind, generous, or noble about the way the United States is conducting business these days, within the country and beyond it?

Even Forbes has a list of the ten most offensive tweets from our “president.”  A man who uses his Twitter account and the Oval Office as a policy machine, bully pulpit, and series of contradictions is running our country into the ground.

Charlottesville (and Lexington)

(Photographs of “flaggers” in Lexington, Virginia)

If the events in Charlottesville did nothing else, they made clear to multitudes of people who somehow weren’t yet sure that, since the nation’s inception, we in the United States have created and sustained in overt and covert ways profound systems of oppression—especially of black and brown individuals and communities and Jewish peoples.

The flood of articles, interviews, longer magazine pieces, and more informal posts on social media take our nation, and especially and appropriately white people, to task for ignoring realities and/or taking no action in the face of awareness, and they reveal the many gulfs of levels of belief and understanding between and among us.  Sherman Alexie’s poem “Hymn” speaks beautifully to the sadness and complexities of our current moment; “Renegade Mama” reminds white women that “This is definitely us” (meaning we are complicit in the system of oppression); Ijeoma Oluo’s piece on The Establishment gives practical advice on battling white supremacy; the UVa Graduate Student Coalition published “The Charlottesville Syllabus” to teach us about “the long history of white supremacy in Charlottesville, Va.”; presidents of academic organizations and universities and mayors, congresspeople, and governors have made statements about Charlottesville to condemn white supremacists and their umbrella groups.  This video clip of Toni Morrison on the Charlie Rose Show in 1993 has also recently made the rounds on social media.  Of course, we all know that our oppressor-in-chief was prepared from the very start of his term (and seemingly throughout his life) to support white supremacist groups.

I am a white woman who still has a lot to learn about the history of monuments, the rise of white supremacist groups, and the daily dangers, obstacles, and challenges in the life of people of color living in the United States.  I am writing about Charlottesville this week because I cannot think or write about anything else (except for the additional tragedy of the events in Barcelona and Cambrils), nor can I sleep, nor can I feel safe for friends, oppressed communities, or my own family.  In this blog post I’m going to provide cultural context to my own living situation and then list briefly the major issues that I have seen underscored in the week since white domestic terrorists armed themselves to the teeth, marched triumphantly through various areas of Charlottesville, chanted vile words against African Americans, Jewish people, women, and members of the LGBTQIA+ community, and killed peaceful activist Heather Heyer and injured many more.

I was an undergraduate at the University of Virginia, where I always wondered at the lack of nuance in official discussions about Thomas Jefferson and at the banal insistence on putting a Jefferson quote on every building stone and t-shirt.  For 20 years I have lived in Lexington, Virginia, home to Virginia Military Institute and Washington and Lee University.  Lexington continues to confront its own problematic history of slavery, the Civil War, complicity with Jim Crow laws and culture, civil rights struggles in the 1950s and 60s, and present-day conflicts about what the city does or can represent.  This week there has been discussion here among knowledgeable and generous people of generating a “Lexington Syllabus” to make more transparent the conflicted history of white supremacy in this town.

VMI was founded in 1839.  Thomas “Stonewall” Jackson taught at VMI and is kept alive in the town through the following: his statue at VMI; his gigantic tomb, flanked by those of other Confederate soldiers, at the Stonewall Jackson Memorial Cemetery; the Stonewall Jackson House; the Stonewall Jackson Hospital (where my two children were born); Stonewall Street; Jackson Street; even Jackson’s horse, Sorrel, is stuffed and housed at the VMI Museum.

Washington and Lee University was founded in 1749.  As you can tell by the name, the university was named for its founders, two of the most famous generals (the “Generals” are also the mascot of the university) of United States History.  As president of the school from 1865-70, Robert E. Lee lived on the university campus.  “Lee House” is the name of the presidential residence at W&L.  The university’s chapel is Lee Chapel, in the basement of which you can find the crypt of Lee and several family members.  Even his horse, Traveller, is buried right outside the chapel.  A famous statue of Lee literally occupies center stage in Lee Chapel.  This statue is called “Recumbent Lee,” but I usually call it “Incumbent Lee,” because it feels as if he’s always about to return to the university presidency.  Besides W&L’s numerous reminders of Lee, the town of Lexington boasts the RE Lee Episcopal Church, the Robert E. Lee Hotel and Lee Street.

The university has celebrated Lee as just another one of its presidents.  In 2006, the incoming president of W&L said this about Lee: “Then of course, there is Robert E. Lee, assuming the leadership of Washington College after the Civil War. Offered numerous other opportunities, Lee chose a college presidency because it was the only option that allowed him to help bind the wounds of a divided nation. If the United States was to recover from the devastation and moral wounds of the Civil War, the healing had to begin with education. We build upon the legacy of Lee, the educator, with an ongoing commitment to educating citizens and leaders for a complex world.” (Here is a piece that president wrote almost six years later, more nuanced, but still adopting a rehabilitative view of Lee.)  Ultimately, though, this president did take down the Confederate flags that were displayed on the W&L campus.  If I recall correctly, the university (where I teach) has also sponsored exhibitions and workshops of “Lee the Educator.”  When I interviewed at W&L on a January Monday, the university was celebrating “Founders’ Day” (Washington and Lee), while the rest of the nation celebrated Martin Luther King, Jr., Day.

In the Gender Shrapnel Blog, I’ve written on several occasions about the oppressive nature of civility codes and the problematic silencing of so-called identity politics.  I suspect that this week’s post will be unpopular among some groups of my town and university, but I also think we must face the hypocrisies we continue to foment as we fear airing the dirty laundry of our past and present.  Four years ago, W&L rightly determined that it would publicly reckon with the institution’s slave-owning past.  To do so, the institution placed an historical marker on the side of Robinson Hall on the university’s historic Colonnade to show that donor John Robinson had been the owner of 84 enslaved people and to name those 84 individuals.  This marker was visible from my office window, and I was glad to see even the smallest nod towards understanding that W&L had benefited from the ownership and labor of enslaved peoples.  At the same time, renovation of the entire Colonnade was nearing its end, supported in large part by a big donation from W&L alumnus and former trustee Warren Stephens.  Stephens has been listed as part of the Wall Street fraternity not-so-slyly named Kappa Beta Phi.  In a 2014 article in New York Magazine, Kevin Roose recounts his infiltration of the group’s big annual event, which featured Stephens and his “fraternity brothers” doing skits.  Roose writes, “Warren Stephens, an investment banking CEO, took the stage in a Confederate flag hat and sang a song about the financial crisis, set to the tune of “Dixie.” (“In Wall Street land we’ll take our stand, said Morgan and Goldman. But first we better get some loans, so quick, get to the Fed, man.”).”  This link from the Arkansas Times used to contain a link to the audio of the performance.  As I recall, the New York Magazine piece originally included video coverage of the event, but that has also been removed.  This Salon piece comments on Stephens’ link to the Confederate flag, and extrapolates to a discussion of Wall Street’s ties with the Confederacy.

While the historical marker for 84 enslaved people is found to the side of one of the buildings on W&L’s historic Colonnade, Warren Stephens is honored with not one, but two, rectangular stones, placed right on the Colonnade itself—one at either end of the brick-lined walk.  Stephens frames the Colonnade, and W&L’s enslaved peoples are tucked to the side.  There is still much work to do in terms of the semiotics of remembrance, reckoning, and reconciliation.

One of the Lexington citizens who led the way to make illegal displays of the Confederate flag in public spaces used to own the house I live in.  Groups of “flaggers” still drive by our house every year throughout Martin Luther King Day Weekend and, on occasion, they hop out of their cars, 30-40 women, men, and children abreast, line up by the curb in the front of our house, wave their Confederate flags, and sing “Dixie.”  (See photos of this, above.) They also remark at the “Latinos for Obama,” “End Crooked Districts,” “Safe Space,” and “Take Back the House” bumper stickers on our 21-year-old car.  These are the days we don’t allow our children to walk home from school or go outside without us.

Three days ago, as the town worried about increased activity and potential for violence, especially given the events in Charlottesville, the U.S. “president’s” continued support of white supremacist groups, and our proximity to Charlottesville, I heard myself say to my daughter, “The flaggers are out.  Please be careful after school.”  After I said this, I realized how normal such a statement had become and thought about how that statement must feel more acute and necessary in homes of black and brown residents of our town.

This week my mind has done daily roundtrips between Charlottesville and Lexington.  The major issues that keep popping up include (but are by no means limited to):

-Real violence and real threats of violence being enacted by white domestic terrorists on communities of color and their allies;

-White House cultivation and support of these groups, including Neo-Nazis, Neo-Confederates, and the KKK;

-Discussion of white supremacy, systems of oppression, our nation’s history as the present, and the need for greater awareness and action, especially on the part of white people;

-Awareness of increased tensions for Jewish peoples and women as well;

-The clash between the 1st and 2nd Amendments; how to protect free speech and the right to assembly when weapons of war are used against us;

-Monuments and memorials (See Barton Myers’ interview in the Los Angeles Times);

-Complicated conversations among people on the left, revealing some intersectional and generational splits, or rifts; a recognition of the need for more education, dialogue, and action on the issue of white supremacy.

Our “president” is both a symptom of and a catalyst for oppressive systems that have been in place here in this nation for centuries.  His “vice president” can’t be much better.  Therefore, even an accelerated change in the leadership of the White House to an entirely different administration won’t reduce or eliminate white supremacy.  We citizens have to do it, and we’ll need to do so with a multi-pronged approach.  This should include firmness about the terms we use, the legal implications of the 2nd Amendment and the powerful NRA lobby, the monuments we remove, and the hours we devote.  We also need a heightened understanding of the politics and ethos of non-violent protest.  And we need to show up. The resources are out there.  It’s time to read, learn, and act.

ann e michael

Poetry, nature, books, & speculative philosophical musings

Ms. Magazine

Ellen Mayock

The Patron Saint of Superheroes

Chris Gavaler Explores the Multiverse of Comics, Pop Culture, and Politics

feministkilljoys

killing joy as a world making project

Edurne Portela

Bio, información sobre publicaciones de libros y artículos, agenda y más

ann e michael

Poetry, nature, books, & speculative philosophical musings

Ms. Magazine

Ellen Mayock

The Patron Saint of Superheroes

Chris Gavaler Explores the Multiverse of Comics, Pop Culture, and Politics

feministkilljoys

killing joy as a world making project

Edurne Portela

Bio, información sobre publicaciones de libros y artículos, agenda y más

%d bloggers like this: