This morning, Republicans on the Senate Judiciary Committee did something they have done only a handful of times: They exercised their discretion NOT to obstruct one of President Obama's judicial nominees.
The Committee was scheduled to vote on ten nominations this morning. With only four exceptions during the entirety of Obama's presidency, Republicans have exercised their prerogative to delay a committee vote for judicial nominees, even when those nominees are unopposed and are desperately needed to address burgeoning judicial emergencies. It is part of their larger strategy to throw sand in the wheels of the confirmation process in every way possible.
This morning, they did not request a delay for Jennifer Guerin Zipps, who has been nominated to be a district judge in Arizona. What makes Guerin Zipps different? The seat is a judicial emergency, but that has not mattered before. The nominee is unopposed, but even nominees without opposition and with the strong support of their Republican home-state senators have seen their votes delayed.
Only one thing makes this nomination different: Republicans know that the American people are paying attention, because this is to fill the seat that was held by Judge John Roll, who was among those killed in Tucson last January when Congresswoman Gabrielle Giffords was shot. Roll was seeking to meet Giffords to discuss the worsening caseload crisis overwhelming the area's federal judges. Americans were appalled by the violence, which brings this particular vacancy far more public attention than usual.
Knowing the American people are somberly watching, Senate Republicans declined to play political games with this nomination.
Not surprisingly, for all the other nominations that were scheduled for a committee vote for the first time this morning, they demanded a needless delay.
Mitt Romney yesterday announced the members of his campaign’s legal advisory team, which will be led by none other than Robert Bork.
This is interesting because Judge Bork’s views of the law and Constitution were so extreme that his 1987 Supreme Court nomination was rejected by the Senate.
Here’s the TV spot People For the American Way aired about Bork at the time:
Among the reasons PFAW, the United States Senate, and the American people concluded that Bork was not suitable for a seat on the nation’s highest court:
As another Massachusetts political leader, Sen. Edward Kennedy famously put it:
Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of our democracy.
America is a better and freer nation than Robert Bork thinks.
And in the years after his failed Supreme Court nomination, Bork kept on reminding us of why he would have been a disastrous Supreme Court Justice. From a 2002 PFAW report:
Robert Bork has carved out a niche for himself as an acerbic commentator on the Supreme Court, as well as various cultural issues. In fact, to Bork the two topics are closely related and the Supreme Court’s “illegitimacy” and its departure from the Constitution are in many ways responsible for our growing “cultural depravity.”
According to Bork, we are rapidly becoming a fragmented society that has totally lost its nerve and is now either unwilling or unable “to suppress public obscenity, punish crime, reform welfare, attach stigma to the bearing of illegitimate children, resist the demands of self-proclaimed victim groups for preferential treatment, or maintain standards of reason and scholarship.” Abortion, technology, affluence, hedonism, and modern liberalism are gradually ruining our culture and everywhere you look “the rot is spreading.”
Bork has denounced the public education system that “all too often teaches moral relativism and depravity.” He considers sensitivity training to be little more than “America’s version of Maoist re-education camps.” He has shared his fear that recognition of gay marriage would lead to accommodation of “man-boy associations, polygamists and so forth.” And he has criticized the feminist movement for “intimidat[ing] officials in ways that are destructive of family, hostile to masculinity, damaging to the military and disastrous for much education.”
It appears as if almost everything within contemporary culture possesses the capacity to offend Bork. He attacks movies for featuring “sex, violence and vile language.” He faults television for taking “a neutral attitude toward adultery, prostitution, and pornography” and for portraying homosexuals as “social victims.” As for the art world, most of what is produced is “meaningless, uninspired, untalented or perverse.” He frets that the “pornographic video industry is now doing billions of dollars worth of business” and the invention of the Internet will merely result in the further indulgence of “salacious and perverted tastes.” When it comes to music, “rock and rap are utterly impoverished … emotionally, aesthetically, and intellectually.”
More to the point, Bork is not content merely to criticize; he wants the government to do something about it. “Sooner or later,” he claims “censorship is going to have to be considered as popular culture continues plunging to ever more sickening lows.” So committed is he to this cause that he dedicated an entire chapter in his 1996 book Slouching Toward Gomorrah to making “The Case for Censorship.” In it, he advocates censoring “the most violent and sexually explicit material now on offer, starting with obscene prose and pictures available on the Internet, motion pictures that are mere rhapsodies to violence, and the more degenerate lyrics of rap music.”
When asked by Christianity Today about how he would decide what should and should not be censored, Bork announced: “I don’t make any fine distinctions; I’m just advocating censorship.” He went on to argue that the United States has a long history of censorship, and that such censorship “didn’t suppress any good art, it didn’t eliminate any ideas.” He goes on to state that, were individuals to decry such censorship as inhibiting their individual liberty or right to express themselves, he would reply “… yes, that is precisely what we are after.”
In choosing Bork to head his legal team, Mitt Romney is sending a clear message to the farthest right of the Right Wing... \and reminding us all that our 2012 vote for president is also a vote for the Supreme Court for the next generation.
Yesterday, members of a number of Wisconsin progressive groups gathered in front of the Wisconsin capitol to demand that state Supreme Court Justice David Prosser step down until an investigation into his alleged choking of another justice is complete.
Prosser – who once called the state’s female Supreme Court Justice a “total bitch” and then bragged about it – is accused of placing another female colleague in a chokehold during an argument about the state’s controversial budget bill. The justices who witnessed the incident have provided differing accounts of what happened, while Prosser’s allies and the right-wing media have teamed up to blame the alleged victim.
Speakers at the rally laid out the reasons for Prosser to step down until the investigation is completed:
Anthony Prince, a labor lawyer likewise representing the lawyers' group, told the crowd that asking Prosser to step aside is "not a radical proposal," adding that most employers would place an employee accused of similar behavior on administrative leave while the accusations were investigated.
"An employer has a legal obligation to provide a workplace free of hazard," Prince said. "We are the employer of Justice David Prosser."
Subeck agreed: "Every woman is entitled to a safe workplace, free of violence." She told the crowd that one out of every 250 women will be a victim of workplace violence, and also cited a U.S. Bureau of Justice Statistics study (PDF) finding that, in 2009, workplace violence accounted for 24 percent of all nonfatal violence against employed people age 16 or older.
There is a reason the rest of the country has its eye on Wisconsin, said Scot Ross, executive director of liberal advocacy group One Wisconsin Now. Ross said Prosser has brought "dishonor" to the state's highest court because of his violent behavior.
"This is classic workplace bullying, and it's got to stop," Ross said.
Prosser survived a close bid for reelectionearlier this year, despite his alliance with Gov. Scott Walker and his unpopular anti-worker policies.
Finally: I’ve found this resource to be extremely useful.
As always, follow our campaign at RecallTheRight.org.
On Saturday in Madison, some of the right wing’s favorite puppets rallied along with an estimated 1,000 Americans for Prosperity “Patriots” and 5,500 counter protesters at the Capitol.
As the former Governor of Alaska took the stage to chants and drums and counter protesters respectfully turning their backs, sleet turned to snow, the wind from Lake Mendota whipped through the crowd and the protesters’ chants and drums grew so loud that it was impossible to hear the loudspeakers.
Palin called for the crowd to support Governor Walker’s strong armed maneuvering, saying “...you saw these violent rent-a-mobs trash your capitol and vandalize businesses. You held your ground. Your governor did the same thing. And you won.” It isn’t clear what violent mobs or vandalized businesses she was referring to. Fox News and fringe right-wing websites have tried to make similar claims about the protesters in Wisconsin, even resorting to using misleading video footage from unrelated protests in other states. But as anyone without a dishonest, far-right agenda who has been following the events of the last 62+ days can tell you, the protests -- and the protesters -- have been peaceful.
While Palin spent the majority of her speech blasting President Obama for energy saving and job creating programs such as consumer solar panels and high speed rail, Andrew Breitbart cut right to the point at hand, leading a chant of “go to hell” aimed at the thousands of counter protesters.
Despite the miserable weather, PFAW members and a whole host of progressive and labor allies were out in force in support of collective bargaining rights for Wisconsin’s public workers, not only at the Tea Party’s rally but on the other side of the Capitol, where thousands gathered for songs, slam poetry and speeches by those leading the fight.
After 62+ days of protests in Madison transitioning into weeks of recall efforts across the state, it’s clear this is truly what democracy looks like.
Wisconsin PFAW Supporters were out to greet Ms. Palin on Saturday:
People For the American Way’s Michael Keegan writes today in the Huffington Post about right-wing activists who are trying to stop school officials and lawmakers from developing bullying-prevention strategies that address anti-gay harassment and violence, erroneously warning it would lead to “homosexual indoctrination” and “reverse discrimination.” Keegan writes:
Today, students across the country will take a vow of silence to protest anti-gay bullying and harassment in schools. The Day of Silence, an annual event organized by GLSEN (the Gay, Lesbian, and Straight Education Network), is meant to draw attention to the "silencing effects" of anti-gay harassment and name-calling in schools and to be a way for students to show their solidarity with students who have been bullied.
But all this silence has made the religious right very uncomfortable.
The religious right's campaign against anti-bullying programs, documented in a new report by People For the American Way, has been raging since school districts first started trying to recognize and confront anti-gay bullying. And it has since the beginning focused on the same set of myths.
The anti-anti-bullying effort shows the staggering extent of the religious right's campaign to prevent the recognition and acceptance of gay people in all parts of society -- and their desperation as more and more Americans, especially young people, want their gay friends and family members to enjoy equal rights. The Day of Dialogue's marketing is slick and its content carefully focus-grouped, but its true message is clear: as clock ticks on the religious right's anti-gay agenda, the Right's leaders know that intolerance, exclusion, and polarization can start at an early age, but they've "got to be carefully taught."
Find out more about the religious right’s latest anti-gay campaign in the new PFAW report, “Big Bullies: How the Religious Right is Trying to Make Schools Safe for Bullies and Dangerous for Gay Kids.”
As Peter King’s hearings on the radicalization of Muslim Americans continue this morning, civic and security groups are speaking out about the potential negative consequences of King’s divisive hearings. King did not call on any law enforcement officials as witnesses, and security experts from The Triangle Center on Terrorism and Homeland Security released a 2010 study which “found that Muslim-American communities strongly reject radical jihadi ideology, are eager to contribute to the national counterterrorism effort, and are fiercely committed to integration within the mainstream of American social and economic life.” In addition, the Triangle Center reports that “Muslim-Americans have developed strong working relationships with federal and local law enforcement agencies.” The study continues:
Public and private denunciations of terrorism and violence. Muslim-American organizations and leaders have consistently condemned terrorist violence here and abroad since 9/11, arguing that such violence is strictly condemned by Islam. Our research found that these statements were not just for public consumption, but were supported by local Muslim religious and community leaders, who consistently condemned political violence in public sermons and private conversations. These statements represent powerful messages that resonate within Muslim-American communities.
Self-policing. Muslim-Americans have adopted numerous internal self-policing practices to prevent the growth of radical ideology in their communities. The practices range from confronting individuals who express radical ideology or support for terrorism, preventing extremist ideologues from preaching in mosques, communicating concerns about radical individuals to law enforcement officials, and purging radical extremists from membership in local mosques. Muslim-Americans have also adopted programs for youth to help identify individuals who react inappropriately to controversial issues so they can be counseled and educated.
In Foreign Policy, Suhail Kahn of the American Conservative Union discusses how King’s hearings could undercut the struggle against domestic terrorism:
The hearings could also foster mistrust between law enforcement agencies and Muslim communities, thereby weakening a crucial link in efforts to combat terrorism. Although King may believe otherwise, the Muslim community in the United States has cooperated and partnered with law enforcement for years. Tips from Muslim Americans have led directly to the foiling of a number of murderous plots. According to the Muslim Public Affairs Council, Muslim communities have helped U.S. security officials prevent more than 40 percent of al Qaeda plots threatening the United States since the 9/11 attacks. In the past year, that number spiked to three-quarters of all such plots.
Potential terrorist attacks that have been foiled with Muslim help include the arrest of five Northern Virginia men accused of attempting to join the Taliban and the May 2010 Times Square bomb plot, which was foiled when a Muslim vendor notified police of a suspicious-looking vehicle. These examples highlight the importance of community-oriented policing by U.S. law enforcement agencies. Why poison this crucial relationship through misguided and alarmist hearings?
But the risk that the hearing will reinforce dubious religious stereotypes and stir already high levels of anti-Muslim sentiment outweighs the potential benefits. If the hearings devolve into a political circus, here's hoping that sensible Americans will be willing to stand up for the rights and dignity of the Muslim American community.
The Council on American-Islamic Relations (CAIR) has released a disturbing video of about one hundred anti-Islamic protesters heckling attendees a fundraiser for a Muslim charity last month. The protestors, some with bullhorns, shout at attendees to “go back home,” “no Sharia law,” and “one nation under God, not Allah.” The hecklers were part of a larger group gathered to protest the event, which was treated to speeches by several local Republican elected officials, including U.S. Reps. Gary Miller and Ed Royce. Royce told the crowd that multiculturalism has “paralyzed too many of our fellow citizens”:
The Orange County Register spoke with the organizers of the event, the Islamic Circle of North America Relief USA:
ICNA spokesman Syed Waqas said the protesters "should know the facts. We have no links to any overseas organization. We absolutely denounce violence and terrorism."
He said the group started in Southern California about eight months ago and is trying to raise $350,000 to start social programs such as women's shelters, fighting hunger and homelessness in the area.
Among the activists who worked to spread the word of the protests was Pamela Geller, the anti-Islam activist who was largely responsible for turning a proposed Islamic community center in lower Manhattan into the nationally controversial “Ground Zero Mosque.” Geller has become a leader in the effort to conflate all practicing Muslims with a tiny splinter of extremists—an effort that has born fruit in ludicrous state-level “Sharia law bans” and even in congressional hearings aimed at pinning all Muslims for the actions of a few. (For more on the congressional hearings, read Michael Keegan’s recent op-ed on the “new McCarthysim”).
While some protesters said they objected to previous remarks made by some of the speakers at the fundraiser, the protests instead consisted of hurling blanket anti-Muslim slurs at the people in attendance.
Islamophobia often comes out in subtle ways in mainstream political discourse—take, for instance, Mike Huckabee telling the virulently anti-Islam Bryan Fischer that President Obama’s childhood hears in Indonesia made him fundamentally different from Americans who grew up with “Rotary clubs, not madrassas,” or the opposition of many elected officials to the Geller-branded “Ground Zero Mosque.” These elected officials aren’t out on the streets heckling Muslims—but by condoning Islamophobia, however subtly, they’re helping this kind of outright racism to take hold.
Last Friday, Rep. Paul Broun of Georgia was at a town hall meeting when a constituent asked him, “Who will shoot Obama?” Rather than confronting the call to violence, Broun—who has his own history of incendiary remarks— laughed it off, and answered, “The thing is, I know there’s a lot of frustration with this president… Hopefully, we’ll elect somebody that’s going to be a conservative.”
Today, after a national outcry made it impossible for him to sweep the incident under the table, Broun issued a full apology, saying, “I condemn all statements -- made in sincerity or jest -- that threaten or suggest the use of violence against the President of the United States or any other public official. Such rhetoric cannot and will not be tolerated.”
Broun was right to apologize, however belatedly. But his apology doesn’t erase what has become a troubling habit among many Republican members of Congress: choosing to ignore—and thereby tacitly embracing—lies and conspiracy theories about President Obama’s birth, religion, and love of country. Earlier this month, House Speaker John Boehner led the way when he refused to publically correct members of his base who believe that Obama is a secret Muslim who is illegally serving as president, stating, “I can’t tell Americans what to think.” Progressives called him out for his slippery response, but he ultimately got away with his convenient non-denial.
Broun himself has fed conspiracy theories about the president, saying that Democrats want to take over “all of society,” and even comparing the president to Hitler. Unfortunately, he’s hardly alone in his sometimes subtle and sometimes not-so-subtle embrace of extreme rhetoric.
Elected officials spend a lot of time talking with, and trying to be polite to, people who they may or may not agree with, and they certainly shouldn’t be held responsible for the views of every person who they happen to be in the room with. But elected officials do have the responsibility to operate honestly and responsibly—and that means correcting clear lies and confronting clear calls to violence.
Broun was rightly criticized for his failure to immediately condemn a call to assassinate the president. But when will he and his fellow members of Congress stop stoking the suspicion and fear that leads to such calls in the first place?
Madison, Wisconsin’s police chief isn’t so happy about Gov. Scott Walker’s joking around with a caller who he thought was billionaire Republican donor David Koch. In his conversation with a reporter pretending to be Koch, Walker said that he had “thought about” planting troublemakers in the crowds outside the state’s capital to discredit pro-union protesters. Police Chief Noble Wray told the Milwaukee Journal Sentinel:
“I would like to hear more of an explanation from Governor Walker as to what exactly was being considered, and to what degree it was discussed by his cabinet members. I find it very unsettling and troubling that anyone would consider creating safety risks for our citizens and law enforcement officers,” the chief said.
“Our department works hard dialoging with those who are exercising their First Amendment right, those from both sides of the issue, to make sure we are doing everything we can to ensure they can demonstrate safely. I am concerned that anyone would try to undermine these relationships. I have a responsibility to the community, and to the men and women of this department - who are working long hours protecting and serving this community – to find out more about what was being considered by state leaders.”
h/t Think Progress
There is something wearily predictable about Justice Scalia’s straitjacket reinterpretation of the National Childhood Vaccine Injury Act of 1986 (NCVIA) to eliminate the possibility of injured families suing manufacturers for design defects in vaccines. Justice Scalia brings his trademark sleight-of-hand to the task of explaining why the law does not provide for citizens what it obviously does provide and offers his well-developed rhetorical polish and high-minded sarcasm as a way to assure everyone that there is no reasonable alternative to his vigorous rewrite of the law in the interest of corporate immunity. Ah, another federal law, another judicial gloss for the corporations: business-as-usual on the Roberts Court.
What is startling and refreshing about this decision is that Justice Scalia has finally met his match in Justice Sonia Sotomayor, who comes out swinging hard in her powerful dissenting opinion against this aggressive pro-corporate judicial activism and impressionistic rewrite of the statute at hand. It seems that Justice Sotomayor is finding her voice defending popular legislation and democratic rights against the finger-painting and cut-and-paste rewrites of legislation that have become the specialty of free-wheeling conservative Justices.
Consider the numerous hard and effective punches Justice Sotomayor’s throws back at Justice Scalia here, quoting Webster’s Third New International Dictionary, the “plain text and structure” of the statute, and the essential canons of statutory construction, to show who the real “judicial activists” are:
She starts off by blowing the whistle on Justice Scalia’s substitution of his political views for those of Congress: “In holding that the . . . Act pre-empts all design defect claims for injuries stemming from vaccines covered under the Act, the Court imposes its bare policy preference over the considered judgment of Congress.”
After a masterful explanation of the Act and why it permits causes of action related to design defects, Justice Sotomayor writes: “In contrast to the interpretation . . . set forth above, the majority’s interpretation does considerable violence to the statutory text, misconstrues the legislative history, and draws the wrong conclusions from the structure of the Vaccine Act . . .”
And, to leave no doubt about what has just taken place to rob the Bruesewitz family--whose daughter suffered more than 100 seizures after being vaccinated with the DTP vaccine made by Lederle Laboratories--of its fair day in court, she concludes that “whatever the merits of the majority’s policy preference, the decision to bar all design defect claims against vaccine manufacturers is one that Congress must make, not this Court.”
It’s good to know that Justice Sotomayor at least has woken up to the fact that we are headed at a high speed right back into a Lochner-era jurisprudence where conservative Justices work overtime to undo progressive legislation and substitute their own authoritarian judgments for democratic decision-making. The combination of this judicial assault on popularly enacted statutes with the decision in the Citizens United case to arm private corporations with political campaign spending rights under the First Amendment makes for a pretty scary polity and economy. We need more judges and Justices like Justice Sotomayor to stand up for democracy and the rule of law.
Jamie Raskin is a Maryland state senator, constitutional law professor at American University's Washington College of Law, and Senior Fellow at People For the American Way.
In an address to the Montana State Legislature, Republican Congressman and Senate-candidate Denny Rehberg blasted a federal judge who ruled that the grey wolf had to remain on the Endangered Species list, saying: “When I first heard his decision, like many of you I wanted to take action immediately. I asked: how can we put some of these judicial activists on the Endangered Species list?”
Despite the call for greater civility in politics after the shooting in Tucson, Arizona, that left a federal judge and five others dead, Rehberg continued to employ violent rhetoric to score political points against a judge who was simply doing his job.
In the wake of the Tucson shooting, People For the American Way President Michael Keegan said that all people have a “duty to consider the impact of our words and to approach political discourse with honesty and responsibility,” and the politicians “who denounce violence should also denounce the rhetoric that can incite it.”
Now, the children of the vilified judge are speaking out against the Congressman’s ferocious language targeting their dad in a letter to the Helena Independent Record. The judge’s children ask Rehberg “to remember that words matter, and inflammatory words inflame,” and point out that their father was simply following his role as a judge to “interpret and apply the laws” no matter how unpopular. The judge’s children remind Rehberg and all politicians that such vicious rhetoric has no place in the political and legal debate:
We are writing to express our disappointment and voice our concerns over the comments that Congressman Rehberg recently made at a joint session of the Montana Legislature. Although Congressman Rehberg didn’t identify by name U.S. District Judge Don Molloy — our dad — it was clear to whom he referred.
For the benefit of those not there, here is what was said: When referring to a recent federal court decision about wolves and the Endangered Species Act, Rehberg stated, “When I first heard his decision, like many of you I wanted to take action immediately. I asked: ‘How can we put some of these judicial activists on the endangered species list.’ I am still working on that!”
We, too, are still trying to figure out exactly how he thought it appropriate or responsible to make these comments, especially in light of recent events in Tucson.
We fully recognize that the wolf issue has become a polarizing, politicized issue. Through the years, we have come to understand that the press and public will often critique court decisions without a full understanding of the law or facts. Many cases, like the one involving wolf delisting, are complicated. Politicians like Congressman Rehberg have every right to comment, and like the rest of the public, they have the right to do so on an uninformed basis. But a line is crossed when language such as that used by Congressman Rehberg is spoken. It is not acceptable or appropriate to make veiled or outright threats of harm toward anyone, including a judge who is performing a constitutional responsibility to interpret and apply the laws that Congress enacts, based on the facts and law presented in the court room, and not on public opinion.
This is a personal issue for us, and not only because of these comments about Judge Molloy. We are proud Montanans. In fact, we are fourth-generation Montanans and our parents raised us to respect other people, even people with whom we may disagree. We grew up in a Montana where threats and jeers were unwelcome on a school playground and unheard of in political discourse.
It is our firm belief that we must hold our elected officials to a standard of conduct that is representative of Montanans and how we wish to be known. The respect and civility that we call upon Congressman Rehberg to demonstrate are qualities that we see every day in our fellow Montanans. Each of us can and should rise above the divisive and shallow rhetoric that is becoming so common in public discourse. Each of us can commit to showing through our own words and actions how we can debate the issues with respect, thoughtfulness and vigor.
It is our hope that the image of Montana and its citizens that we have grown up holding tightly to remains — that we are strong in our willingness to stand up and behave responsibly and respectfully to all. For all Montanans, and on behalf of our family, we ask Congressman Rehberg to remember that words matter, and inflammatory words inflame.
Molly, Brynn, Jennifer and Daniel TC Molloy are the children of U.S. District Judge Don Molloy of Missoula.
There may be a politically active extremist serving as a sheriff in Arizona. But it’s not Pima County Sheriff Clarence Dupnik. On the day of the horrific shootings in Tucson that killed 6, critically wounded Rep. Gabrielle Giffords, and injured 13 others, Sheriff Dupnik, visibly shaken, decried the vicious tone that politics has taken recently, especially in his state. He blamed nobody for the murders but the murderer. But, he said, it was time for some national “soul searching.”
When you look at unbalanced people, how they respond to the vitriol that comes out of certain mouths about tearing down the government, the anger, the hatred, the bigotry that goes on in this country is getting to be outrageous. And unfortunately, Arizona has become sort of the capital. We have become the mecca for prejudice and bigotry.
Let me say one thing, because people tend to pooh-pooh this business about all the vitriol that we hear inflaming the American public by people who make a living off of doing that. That may be free speech, but it's not without consequences.
Many on the Right saw these remarks and reacted not with an honest discussion of responsibility in political speech, but with a campaign to demonize the sheriff. People For’s Right Wing Watch blog has been reporting these reactions…from statements that Sheriff Dupnik was “politicizing” tragedy to implying that the sheriff wants the killer to go free.
People For’s president, Michael Keegan, responded to the smears on Sheriff Dupnik in the Huffington Post yesterday:
Unfortunately, "civil discourse" is exactly what's lost when calls for honesty and responsibility are demonized and belittled. Nobody but Loughner can be blamed for Saturday's violence. But that does not absolve any of us from the duty to consider the impact of our words and to approach political discourse with honesty and responsibility. Sheriff Dupnik deserves to be thanked, not demonized, for telling that uncomfortable truth.
Those who talk openly and honestly about the dangerous strains in our national political discourse and work to start a more responsible political debate aren't politicizing tragedy--they're working to prevent it. Political figures owe this to all of us who want to participate in democracy without fearing for our safety: those who denounce violence should also denounce the rhetoric that can incite it.
We’re asking those who want to stand in solidarity with the sheriff to sign this letter of support: http://site.pfaw.org/site/PageServer?pagename=sheriff
The weekend violence in Tucson has ignited a national discussion on the far right’s violent rhetoric against elected officials and candidates who do not subscribe to their ideology. "Second Amendment solutions" rather than First Amendment ones should never be seen as legitimate ways to express opposition to a democratically elected government.
But instead of taking this event as a reminder of how important responsible debate is to our nation, some groups are claiming they’ve given up on it completely. According to Roll Call:
[A]fter the group was "attacked" for the shootings, Judson Phillips of Tea Party Nation wrote this weekend that the era of agreeing to disagree was over.
"[T]he aftermath of today's shooting is the official obituary for political civility in this country," he wrote. "The left has simply gone to far. There can be no civil discourse with people as crazy as those on the left are."
Responding to the national discussion on overheated political rhetoric by declaring an end to civil discourse is not constructive, to say the least.
If Phillips has given up on civil discourse, what exactly is he suggesting take its place?
Mississippi governor and potential presidential candidate Haley Barbour is now trying to backtrack his previous support for the racist White Citizens Councils that existed in the state when he was young.
In a recent interview with the Weekly Standard, he made his feelings quite clear:
You heard of the Citizens Councils? Up north they think it was like the KKK. Where I come from it was an organization of town leaders. In Yazoo City they passed a resolution that said anybody who started a chapter of the Klan would get their ass run out of town. If you had a job, you'd lose it. If you had a store, they'd see nobody shopped there. We didn't have a problem with the Klan in Yazoo City.
Since not everyone in America is wholly ignorant of recent history, Barbour is being forced to backpedal, according to Talking Points Memo. Among other things, he now says:
My point was my town rejected the Ku Klux Klan, but nobody should construe that to mean I think the town leadership were saints, either.
Perhaps we are meant to think that the formation of the White Citizens Councils in the 1950s represented a principled rejection of the Klan. However, neither the timing nor the motivation rings true. As People For the American Way said in a 2003 report:
[I]t is worth noting that by 1967, "even the white establishment of Mississippi had begun to decide that Klan violence was bad for business." Clarence Page, "Fight Over Judges Replays Our Bitter History," Chicago Tribune (Feb. 13, 2002) (citing William Taylor, who at the time was Staff Director for the U.S. Civil Rights Commission).
Barbour’s desperate and unconvincing backtracking should not be the end of the story, because it is simply not credible that he was unaware of what the White Citizens Councils really were ... as if their name wasn’t already a giveaway.
While Barbour today likens them to just another "organization of town leaders," the Mississippi White Citizens Councils show up in contemporaneous federal court cases as anything but a Rotary Club.
For instance, in 1964, a federal district court noted the then-recent formation of the Mississippi White Citizens Councils, including its first priority, in United States v. Mississippi:
In 1954, after the Supreme Court had declared state operation of racially segregated schools unconstitutional, white citizens councils -- not parties to this action -- were formed in Mississippi. The purpose of these organizations was the maintenance of racial segregation and white supremacy in Mississippi. The first statewide project undertaken by these organizations was the attempt to induce the white voters of Mississippi to adopt the proposed amendment to Section 244 of the Mississippi Constitution of 1890.
They succeeded, thereby introducing the literacy and civics tests that government officials subsequently used to keep African Americans disenfranchised.
Four years later, in 1968, their racist mission and funding were said to be common knowledge by the United States Court of Appeals for the Second Circuit in Adickes v. S. H. Kress & Co:
It appears to be common knowledge that, in addition to its own activities promoting segregation, the Mississippi State Sovereignty Commission, an agency created in 1956 and financed by state tax revenues, used a part of its funds to finance some of the activities of various groups, including the White Citizens Council, which promote adherence to the ancient custom of proscribing the mixing of the races in places of public assembly; and that these groups, especially the White Citizens Council, use economic and social power to pressure those who might attempt to disregard custom into adhering to custom. See, generally, J. Silver, Mississippi: The Closed Society, 8, 32, 39-40, 42, 43, 65, 79, 94, 97, 110, 133, 151, 217 (1964).
People For the American Way discussed this key funder of the White Citizens Councils in a 2002 report:
The Sovereignty Commission, a state-funded agency, was created not long after the decision in Brown v. Board of Education in order to resist desegregation, and was empowered to act as necessary to protect the "sovereignty" of the state of Mississippi from the federal government. The Commission infiltrated and spied on civil rights and labor organizations and reported on their activities. It compiled dossiers on civil rights activists and used the information to obstruct their activities. The Commission existed until 1977, when the state legislature voted to abolish it and to seal its records for 50 years.
The White Citizens Councils were a dark stain on the history of our nation. No responsible officeholder - or office seeker - can think otherwise. Had Governor Barbour stated that he did not recognize that at the time because he was a product of the environment he grew up in, it might be believable. But his defense of the White Citizens Council coupled with his unconvincing backpedaling suggests that he still doesn’t understand how repugnant the South’s Jim Crow system really was.
You can imagine our delight here at People For when we finally made it on to Glenn Beck’s infamous conspiracy theory-promoting blackboard last night. You can watch the clip here:
Note that, contrary to Beck’s assertions, People For the American Way is not a 501c(3) group…and, moreover, 501(c)3 groups like People For the American Way Foundation are not allowed to participate in partisan political activity at all.
Beck is gradually expanding the reach of his broad conspiracy involving progressive groups to include as many as possible, it seems. But we’d like to think that our inclusion has something to do with the petition campaign People For and Media Matters have launched urging Fox News advertisers to drop their support of the network—because they are indirectly subsidizing Beck.
Beck, of course, has every right to criticize progressive groups on the air. But his rhetoric frequently verges on violent, and has led, on more than one occasion, to actual or attempted violence against those involved in the progressive movement.
Sign People For and Media Matters' Drop Fox petition here.
And read the full letter Tides Foundation CEO Drummond Pike sent to Fox advertisers last month after he was the victim of a Beck-inspired assassination attempt:
Dear Fox Advertiser,
I am writing to ask your company to take a simple step that may well save lives in the future. And it is not unimportant that taking this action will remove your company and its products from any connection to what could very likely be an unpleasant tragedy, should things remain as they are today. On behalf of my organization, and many others like it, I ask that you cease advertising on the Fox News Channel.
This is neither a hollow request, nor one rhetorically made. There is an urgency to it born of our own direct experience as the target of a would-be assassin inspired by Fox's Glenn Beck Show.
On July 19th of this year, I arrived at our San Francisco office to learn that a misguided person carrying numerous guns and body armor had been on his way to start a "revolution" by murdering my colleagues and me. The Oakland Police Department called to tell us that, following a 12 minute shootout with the California Highway Patrol, law enforcement officials arrested an assailant who had targeted the Tides Foundation, an organization which I founded and currently serve as CEO, and the ACLU for violence. To say we were "shocked" does not adequately describe our reaction. Imagine, for a moment, that you were us and, had it not been for a sharp eyed highway patrolman, a heavily armed man in full body armor would have made it to your office with the intent to kill you and your colleagues. His motive? Apparently, it was because the charitable, nonpartisan programs we run are deemed part of a conspiracy to undermine America and the capitalist system, which is hogwash.
Although not a political organization, the Tides Foundation has been a frequent target of misinformation, propaganda, and outright lies by Fox News' Glenn Beck. Since his arrival at Fox in early 2009, Beck has repeatedly vilified Tides, suggesting we are intent on "creat[ing] a mass organization to seize power." He accuses the foundation of indoctrination and says we are "involved in some of the nastiest of the nasty." Beck tells viewers that Tides has "funneled" money to "some of the most extreme groups on the left" and that our mission is to "warp your children's brains and make sure they know how evil capitalism is." In total, prior to the attempted rampage, Beck had attacked the Tides Foundation 29 times. On September 28th, more than a month after the shooting, Beck reiterated his focus on the Tides Foundation, warning, "I'm coming for you." In jailhouse interviews, the gunman confessed he views Beck as a "schoolteacher" who "blew my mind." My would-be killer admitted that Beck "give[s] you every ounce of evidence you could possibly need" to commit violence.
Beck is a self-described "Progressive Hunter" who relies on violent rhetoric. Do you really think that the millions of Americans who describe themselves as "progressive" need to be "hunted down"? If so, to what end?
For hours every day on radio and television, Beck pits American against American, telling his audience that our country is under attack by a demonic Nazi-like regime seeking to destroy all that is great about America while insisting it's up to his viewers to resist and revolt. He warned his audience that "these are the most dangerous two years of our republic. Because in the end, in revolutions, the real dangerous killers show up." Beck even compared our government to vampires while instructing his viewers to "drive a stake through the heart of the bloodsuckers" and pretended to poison Speaker Pelosi on television. A few months later, Gregory Giusti was arrested for repeatedly threatening House Speaker Nancy Pelosi -- including threatening to destroy her home -- because he was upset over health care reform. The man's mother told a local news station he listens to those with "really radical ideas," adding, "I'd say Fox News or all of those that are really radical."
When I started the Tides organizations 35 years ago, I did so in the very American belief that ordinary citizens had a role to play in our democratic process. It was, I thought, the responsibility of everyone to become engaged in our civic life, and for years we've worked with thousands of Americans to do just that. And, while we support progressive values and goals, we respect the rights and voices of those with whom we disagree on issues. Never in our history have we tolerated employees or grantees that support those who would do harm to others. By supporting Fox News Channel, you and your company are risking your reputation and good standing because they are doing just this.
As you may know, a coordinated advertiser boycott by Media Matters and Color of Change, an online civil rights group, has caused Glenn Beck's Fox News show to lose over 100 sponsors. Despite the campaign's success, Fox insists it has had no impact on the channel's profitability because the overall demand for advertisements on Fox has remained stable. Companies are still paying to advertise on Fox News, but their ads are simply moved to a different time of day. Thus, businesses that pay to broadcast commercials on Fox News are subsidizing Glenn Beck's television show by continuing to pump money into the network. It has become clear that the only way to stop supporting Beck is to stop supporting Fox News.
I respectfully request that you bring this matter of your company's sponsorship of hate speech leading to violence to the attention of your fellow directors as soon as possible. I believe no responsible company should advertise on Fox News due to its recent and on-going deplorable conduct.
While we may agree to disagree about the role our citizens and our government should play in promoting social justice and the common good, there should be no disagreement about what constitutes integrity and professionalism and responsibility in discourse – even when allowing for and encouraging contending diverse opinions intelligently argued. This is not a partisan issue. It's an American issue. No one, left, right or center, wants to see another Oklahoma City.
The next "assassin" may succeed, and if so, there will be blood on many hands. The choice is yours. Please join my call to do the right thing in this regard and put Fox News at arm's length from your company by halting your advertising with them.
CEO and Founder, Tides
Tomorrow at the Supreme Court, the Justices will hear arguments over whether the state can limit minors’ access to extreme depictions of violence.
California law bans the sale or rental of violent video games to minors. In adopting the law, the California legislature considered scientific evidence showing a correlation between playing violent video games and an increase in aggressive thoughts and behavior, antisocial behavior, and desensitization to violence in both minors and adults. The law was designed to give parents greater control over whether their children have access to the most violent video games.
Although the law was enacted several years ago, courts have kept it from going into effect on the basis that it violates the First Amendment.
The law parallels a New York law restricting the sale of non-obscene sexual material to minors that the Court upheld in the 1960s. Specifically, it covers those violent video games where:
California argues that, for the purposes of the First Amendment, the Supreme Court should apply the same relaxed standard to violent material as it does to sexual material:
[I]t should make no constitutional difference whether the material depicts sex or violence. ... [T]he Act must be upheld so long as it was not irrational for the California legislature to determine that exposure to the material regulated by the statute is harmful to minors.
This would mark a significant change in First Amendment law.
Just the fact that the Court agreed to hear this case is interesting. The Court often takes a case where there is disagreement among circuit courts on how to interpret a particular law. But here, there is no such disagreement: Lower courts have uniformly struck down laws such as this as violating the First Amendment. The fact that the Supreme Court decided to hear the case anyway may signal that the Justices are ready to make the change that California is asking for.
The latest example of Tea Party violence making the news - Rand Paul’s county campaign coordinator stomping on the head of a pinned-down MoveOn activist - highlights just how completely outside the American norm these Tea Party candidates and their followers are. The actions of Paul’s goon squad also refocuses attention on a similar event in Alaska last week.
In Alaska’s Joe Miller, we have a candidate for Senate who not only refuses to open himself to press inquiry, he surrounds himself with an aggressive group of bullies who rough up a reporter who dares ask questions of the candidate.
As PFAW President Michael B. Keegan wrote in the Huffington Post, this is not acceptable behavior in a democratic society. It’s not even a close call.
History has proven time and again that democracies are fragile. The civil compact underlying a democratic society must be monitored and renewed constantly. Part of that contract is that candidates for public office don’t have private goons squads who use physical force against reporters or anyone else they perceive as a threat to their ambitions.
Another requirement is that when a candidate goes so far over the line against the norms of a democratic society, his supporters recognize the danger, put their country’s welfare first, and withdraw their support. Again, this is not even a close call.
So this is a moment of truth for the Republican Party, as it has to choose between the values of the Tea Party and those of the United States Constitution.
The GOP should not only loudly condemn this assault on democracy, it should stop funding Miller’s campaign and urge Alaskans to vote for someone else. Since Lisa Murkowski, the incumbent Republican senator who Miller defeated in the primary, is already engaged in a write-in campaign to keep her seat, it’s not like the party doesn’t have an alternative, corporate-friendly candidate to easily turn to. Polls have shown her nearly even with Miller.
Continuing party support for a thug whose behavior undermines the foundations of our free society is a canary in a coal mine, another dangerous indication of the contempt for democracy held by a Republican Party under the sway of the Tea Party.
Should the voters of Alaska reward Miller and the Tea Party with a victory on November 2, America will have crossed a line: The tactics of Miller and his bully boys will no longer be considered quite so far beyond the norm, and we can expect to see more of the same.
And that should concern all patriotic Americans.
These words have perhaps never been truer than they are right now.
For all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die.
I was reminded of the late Senator Kennedy’s famous quote as I happened upon this blog post this afternoon. Twelve years ago today, Aaron Kreifels found Matthew Shepard clinging to life in a field outside Laramie, Wyoming. Unfortunately, Shepard lost that battle five days later.
Shepard’s story quickly became a rallying cry for the LGBT equality movement, and has remained such to this day. Judy Shepard works tirelessly to help make the world a better place for LGBT individuals. She has spoken out on bullying and the recent suicides of LGBT youth.
Quite simply, we are calling one more time for all Americans to stand up and speak out against taunting, invasion of privacy, violence and discrimination against these youth by their peers, and asking everyone in a position of authority in their schools and communities to step forward and provide safe spaces and support services for LGBT youth or those who are simply targeted for discrimination because others assume they are gay. There can never be enough love and acceptance for these young people as they seek to live openly as their true selves and find their role in society.
Judy Shepard wants you to stand up and speak out. Dan Savage wants you to tell your story. And now the Gay-Straight Alliance Network wants you to make it better. The Make It Better Project is endorsed by dozens of LGBT equality advocates. They are taking action, including a week of action designed to draw attention to school safety for LGBT youth.
We aren’t waiting until high school is over for our lives to get better . . . We are taking action now!