Tag Archives: law

Miscarriages of Justice

by Jay Parr

Henry McCollum at the hearing that led to his release, after 30 years on death row.

Henry McCollum at the hearing that led to his release, after 30 years on death row.

This past Tuesday, Henry McCollum and Leon Brown were exonerated of the brutal rape and murder of a preteen girl, a crime for which they had been falsely convicted, condemned, and imprisoned for thirty years. One of them spending the entire time on death row. McCollum was released on Wednesday morning, after spending over half his life facing execution. Brown, his half-brother, was released from his life sentence at a different prison later in the afternoon.

Both of these men were convictedand condemnedbased on confessions that were wrung out of them when they were teenagers (McCollum 19 and Brown 15), after many hours of high-pressure interrogation. Confessions which were written by others for them to sign, despite the fact that neither of them was functionally literate or intelligent or educated enough to read and understand what they were signing, or legally astute enough to understand the consequences of signing it (in an interview from death row, McCollum says he signed believing that if he did they would finally let him go home). These menscared teenagers at that time, who had only recently come to North Carolina and who had never had a run-in with the police beforewere convicted and condemned based on confessions which they signed with no defense counsel present, and which they have both consistently recanted from that point on.

Brown at the hearings.

Leon Brown at last week’s hearings.

Based on those coerced confessions, these two men have been imprisoned, removed from society, forced to live in the sterile and hostile environment of the penal system for decadesas men convicted of raping and murdering an 11-year-old girl and then thrust in among a population that is notoriously unfriendly to child sex offenders. Both of them have spent years on death row, and both of them have endured a long series of trials and retrials. Hearings in which their very lives were at stake. Literally.

A cell in North Carolina's death row.

A cell in North Carolina’s death row. (WRAL)

There are two distinct miscarriages of justice here.

The first happened 30 years ago, when two naive teenagers were coerced into confessing to crimes they didn’t commit. That miscarriage of justice was exacerbated when the system that was supposed to afford them a fair trialthe system that was supposed to presume their innocence until the evidence proved their guilt beyond a reasonable doubtfailed to recognize that there was not a scrap of physical evidence tying them to the scene of the crime (that in fact there was evidence implicating another man who lived near the crime scene and who had been arrested for a very similar crime), and that their confessions were wrung out of them under conditions so flawed as to render them utterly invalid.

That miscarriage of justice has been perpetuated anew every time someone in the political and legal sphereincluding a Supreme Court justicehas trotted these men out as examples, as heinous criminals who brutally raped and murdered a preteen girl, as justifications for keeping the death penalty active, or as reasons their political rivals (who may have been so ridiculous as to point out flaws in the case) were “soft on crime.”

Reverse view of death-row cell. (WRAL)

Reverse view of the cell. The ultra-wide-angle lens makes it look bigger. (WRAL)

The second miscarriage of justice happened this past week, when after thirty years, these two men were exonerated and then simply released, with not so much as a mention of compensation for the decades of which they had been robbed. Think of the opportunities that were lost along with those decades; to have that crappy first job; to have that young-and-foolish relationship doomed to fail from the start; to finally stumble into that long-term (if unglamorous) job, and to meet that certain someone who would end up becoming their companion for decades to come; to know the joys and frustrations of being fathers, and likely grandfathers by this point. To live, that is, something resembling normal lives. In something resembling a normal world.

These men don’t have the decades of experience that is going to be taken for granted by everyone, given their ages. They’ve never used an ATM or a debit card. One article I read mentioned McCollum gushing to his parents recently about getting on the internet for the first time. But I have seen nothing about the justice system assuming any responsibility for helping them acclimate to the lives they’ve been denied. As a representative of the Center for Death Penalty Litigation points out, these men don’t even have the minimal support offered to ex-cons who exit the penal system under normal conditions. “It’s not like being on probation or parole. It’s just—good luck.”

The same article points out that there are processes by which the men could seek a pardon of innocence from the governor—essentially a statement that they had been wrongly convicted and sentenced—at which point they could then go on to seek some unspecified compensation from the state.

The death row day room; McCollum's world for decades.

The death row day room; McCollum’s world for decades.

These men, McCollum at 50 and Brown at 46, have never had the opportunity to learn the skills they would need to make it on the outside. They’ve never had to keep a job, or pay rent, or keep track of a variety of utility bills, or make their income cover their expenses, or plan a week’s meals and shop for them. They haven’t been in a grocery store in thirty years. If either of them ever learned to drive, it has been at least that long since they’ve done it. Not only will they be living in new, unfamiliar towns, the very concept of getting around in any town is going to be foreign at this point. Partly because it has been so long since they’ve done it and partly because so much has changed in the meanwhile. As adults, they’ve never been in the regular presence of women, or mingled with the variety of people who make up any normal public place. In fact, for the past three decades, their only regular company has been the other (male) inmates on death row and the uniformed corrections officers assigned as their guards. Their worlds have been the prison blocks and complexes where they have been housed, with occasional forays out into the world (most likely in shackles) for court appearances. For thirty years they haven’t had the option to decide where to go at a given moment, or to close their own doors, or to turn off their own lights. For thirty years they haven’t had a moment of true privacy. Having lived in the penal system and on death row for so long, and having been thrust there at such young ages, they literally have none of the skills and none of the experience they need to function in the everyday world. One article points out that McCollum, climbing into his parents’ car upon his release, didn’t even know how to fasten the seat belt.

McCollum faces reporters outside. What awaits in the outside world?

McCollum faces reporters upon his release. What awaits in the outside world?

It is no more in the interest of justice to release these men into the world so unprepared, and so uncompensated, than it is to keep them incarcerated in the conditions that, horrid as they may have been, are the conditions to which these men have spent the majorities of their lives being acclimated.

These men have spent three decades fighting to prove their innocence. They have spent decades fighting for their very lives. They shouldn’t have to fight anymore. It has been proven that their convictions were invalid and that their incarcerations were unjust. It is obvious at this point that the state of North Carolina owes these two men very comfortable retirements.

Something like this.

Something like this. With a staff.

If we can afford the cost of keeping these men as inmates, one of them on death row and the other for life, we can afford a roughly equivalent sum as pensions, in exchange for the lives that have been wrongly stolen from these men. If we can afford the hundreds of thousands of dollars, if not millions, spent repeatedly condemning them to die in prison on the basis of inadmissible, coerced, and disprovable confessions, we can afford to provide them with the guidance, the training, and the support to manage their lives in a world for which we have prevented them from being prepared. If the state of North Carolina were to take the initiative, to arrange for that level of compensation to be awarded and implemented quickly, without requiring anything further from these men or their tireless advocates, then it just might be possible to claim that justice has finally been served. Maybe.

BLS 362: Vice, Crime, and American Law

BLS 362: Vice, Crime, and American Law

Note: Thanks to Saundra Westervelt (who literally wrote the book on this topic) for taking the time during a busy weekend with Witness to Innocence to read and offer valuable feedback on this article.

Freedom of Speech in the Classroom

by Steve O’Boyle

I'm Feeling Lucky!

I’m Feeling Lucky!

At no other time in history have people had access to more information than in the current era. Within seconds we can become pseudo-experts on most any topic, from Satanism to Zen, from the Kama Sutra to Lollapalooza and or even an upbeat biopic of Leonard Cohen (say it like co-en, then it works). This is not news to you (or at least I hope it’s not), but it is an important yet puzzling piece to recent controversies concerning freedom of speech in the classroom.

In the past year, there have been several incidents where university professors have been sanctioned for the words that they used in their classrooms while attempting to explain academic ideas. One incident that made national headlines involved a highly regarded sociologist named Patti Adler, a full Professor at the University of Colorado.

Patti Adler.

Dr. Patti Adler.

In her intro-level Deviance in U.S. Society class, Dr. Adler spiced up her lecture on prostitution with “a skit in which many of Adler’s teaching assistants dress[ed] up as various types of prostitutes. The teaching assistants portrayed prostitutes ranging from sex slaves to escorts, and described their lifestyles and what led them to become prostitutes” (DailyCamera).

Adler is described in the article as having an unorthodox and engaging teaching style. “Students recounted how Adler showed up in class in a bikini to illustrate deviance or dressed as a homeless person to make the same point.” However, the prostitution lecture got—well, some negative attention—and at the time the article went to press, it looked like Dr. Adler was at risk of being forced into early retirement over the controversy. She was in jeopardy of losing her job for trying to teach her students in a way that was engaging, entertaining, and most of all, memorable. That is to say, for trying to do her job.

Prostitution skit in Adler's class.

Prostitution skit in Adler’s Deviance class.

I do realize that some of you may not think this is a big deal, but as someone who teaches sociology at UNCG—a discipline that includes an entire area devoted to social deviance—well, as my old not-very-good mechanic used to say about my POS Jeep, “Man, this is troublematic…”

So if we offend a student in class—not directly of course, but by making them feel uncomfortable while trying to teach them important ideas—we might be severely sanctioned for this? Knowledge that is controversial, and can take a student out of their comfort zone, is off limits?

Do I have your attention yet?

Do I have your attention yet?

Students are now exposed to more controversial envelope-pushing cultural ideas and images than ever before, and at much younger ages (scholars call this phenomenon “the internet”). So I find it a bit perplexing that these kids—who could never understand a teenager’s absolute thrill of finding their parents’ porno mags in the sock drawer, but (or perhaps because) they can now google any sex act and have a “how-to” video before their eyes in seconds (and long before their first real date)—these students are so much more savvy than I ever was at their age, but now I have to watch what I say more than ever in the classroom?!

And to complicate things further, because of the limitless access they have grown up with (and the seconds-long attention span that accompanies it), it takes more effort than ever to keep the attention of these Millenials without grabbing their attention—with ideas and language that wakes them the #@%$ up, and stops them from just sitting there in class half asleep, hoping whoever they’re trying to hook up with will respond to their inane text with a “k”…

"wnt 2 hookup l8r?"

“n class. bored. wnt 2 hookup l8r?”

So what to do? I’m going to follow the advice university counsel Skip Capone gave a few years back, after some legal challenges at other institutions—some of them blatantly political (here’s a link to the slide show, which is clearly dated).

My CYA strategy? Define germane to the class, then when comes the time to talk about the touchy stuff, refer them back to that term. Then show them the link from the controversial stuff (i.e., the fun stuff), directly to how it relates—or is germane—to the academic topic. Finally, address the class with “so do you see the connection here?” When they say “yes,” you’re covered.

Baby’s Hungry: A Daddy’s Perspective on Nursing (and Nursing in Public)

by Jay Parr

A quiet moment in the country.

That special bond between a mother and her child.

I was about twelve, riding the DC Metrobus home from school, when a woman started complaining loudly about another woman breastfeeding her baby on the bus. I didn’t see anything, so I don’t know if the nursing mother was covered up or not, but that’s irrelevant here. The complaining woman made her way up to the driver, a taciturn and tough-looking man who looked like he would as soon cut your throat as say hello (I remember him because he drove that route often). He focused on the afternoon traffic as the woman complained, until he came to a light and she demanded, “Well? Aren’t you going to do something?”

The driver looked out at the cross traffic for a moment, absently drumming his fingers on the fare box, then turned to the woman and shrugged.

“Baby’s hungry.”

BLS 348: Representing Women

BLS 348: Representing Women

I can’t say for certain that the woman immediately stopped complaining, either to the driver or to the other passengers around her, but I do remember that as far as the driver was concerned, the conversation was over.

Baby’s hungry. So feed the baby. ‘Cuz if baby ain’t happy, ain’t nobody happy.

Until thirty years later when I became a father, I never thought much about breastfeeding. I knew some people did it and some people didn’t. I knew medical opinion was evolving back in the pro-breastfeeding direction—the implicit concession being that millennia of natural selection just might trump a few decades of medical inquiry. I knew I was more likely to see women breastfeeding their children when the acoustic band I worked sound for played at places like hippie music festivals and communal farms, and I found it vaguely amusing that the medical establishment and the crunchy-living community seemed to be on the same page about something for once. That was about as far as it went.

Then we had a baby, and everything changed.

Selfie with week-old Baby Girl.

Selfie with week-old Baby Girl.

Common words like “latch” and “letdown” suddenly took on new and highly-specialized meanings. The entire household became centered around the mother-baby nursing nest. I learned that breastfeeding, while clearly the most natural process, was not without its setbacks and complications (and blood and tears). I learned about the important contributions of lactation consultants. I learned that some people who aren’t breastfeeding would much rather be breastfeeding, but can’t for some reason or other. I learned about breast-milk-sharing networks, and the amazingly selfless mothers who contribute to them. And much to my dismay I learned that breastfeeding—especially breastfeeding in public—is an absurdly controversial topic in this country.

WPA poster, circa 1937.

WPA poster, circa 1937.

But let’s back up a little. The benefits of breastfeeding are numerous and well-documented. For example, the nursing mother’s immune system works in tandem with her child’s, detecting pathogens to which the child has been exposed and producing antibodies that are passed through breast milk (if you’ve ever wondered why mothers have a strange compulsion to kiss their newborns’ hands, one theory is that it’s related to this immune support). Nursing produces hormones that encourage bonding, relaxation and a sense of well-being for both mother and child. Night milk contains tryptophan, that legendary compound that makes you so sleepy after feasting on your Thanksgiving turkey. The composition of a mother’s milk changes over time as the baby matures, to meet the baby’s changing nutritional needs. The mother’s diet affects the flavor of her milk from day to day, and children who have been exposed to that variety of flavors  at the breast tend to be much less finicky about new foods than children who have been raised on a single flavor of formula. Even among toddlers who are eating mostly solids, mothers’ milk provides a high-quality nutritional supplement, and continues to bolster the child’s still-maturing immune system—all the way up to school age. The list goes on, but I think I’ve made my point. And where the medical establishment swayed toward formula in the mid-20th century, that opinion has swung strongly back in favor of nursing in recent decades, despite the best efforts of a well-funded formula industry to keep its foot in the door.

Still, even with all that backup from the scientific and medical communities, and even with prevailing attitudes renormalizing breastfeeding—even with laws from both liberal and conservative state governments protecting a mother’s right to nurse wherever she and her child are both allowed to be—we as a culture just can’t help but be a little squeamish about the whole topic.

There seem to be two main points of debate about breastfeeding in this country: 1) How public is “too public,” and 2) how old is “too old.”

How public is too public? According to the North Carolina statute addressing indecent exposure, there is no such thing: “Notwithstanding any other provision of law, a woman may breast feed in any public or private location where she is otherwise authorized to be, irrespective of whether the nipple of the mother’s breast is uncovered during or incidental to the breast feeding” (§14-190.9).

INFACT Canada transit poster, World Breastfeeding Week 2000.

INFACT Canada transit poster, World Breastfeeding Week 2000.

Does that mean a business owner or manager can’t ask a nursing mother to leave the establishment under the state’s trespassing laws? As far as I know, that part remains unclear. And of course, the laws vary widely from state to state.

Just last week a woman in Austin asked to use a fitting room at a Victoria’s Secret to nurse her child (you know, so she could nurse discreetly without flashing her breast all over, of all places, Victoria’s Secret), and was told no, thanks for your purchase and all, but go use the alley instead. She went to the news, and the story went viral, and Victoria’s Secret issued a statement distancing itself from the actions of its employee, but the fact remains that the business may have the legal right to deny anyone (even a customer who just made a $150 purchase) the use of a fitting room for any purpose other than to try on merchandise. She may have been more legally within her rights to sit down right out in front of the store and oh-so-shamelessly whip out some boob right there under the Texas sun, like a good in-your-face lactivist. Because we all know every nursing mother is really just looking for some public humiliation and controversy, right?

David Horsey / LA Times, 12 July 2012

David Horsey / Los Angeles Times, July 12, 2012.

To look at the comments in the media, especially social media, public opinion seems to be that anything a nursing mother does (short of, perhaps, staying at home) is wrong. The mother who asked to use a dressing room was asking a private business to risk losing sales (you know, if all the other dressing rooms filled up and someone got really impatient). The mother sitting outside the store should have sought a more private space, like maybe a dressing room. The mother with her baby under a nursing blanket should have gone out to her car. The mother nursing in her car should have gone inside to a bathroom (would you eat your lunch in a public bathroom?). The mother in the restaurant should have—oh I don’t know, something. Just gone home, maybe? And we haven’t even gotten to the mother whose baby won’t tolerate being covered up, or the one who’s struggling with latch issues or has some other reason she needs to constantly watch and adjust the nursing baby.

The public’s uninhibited judgment of parents in general is pretty harsh, but the public’s judgment of nursing mothers is amazing. Check out any article about someone encountering trouble for nursing in public, and you’ll find all kinds of enlightened comments from the hoi-polloi. Anyone who’s not going about it exactly as the commenter would do it is some kind of radical or attention-monger (to use a polite euphemism), trying to cram her breast down the public’s throats. You’ll see breastfeeding equated to public masturbation, public fellatio, and even public defecation. Excuse me? Feeding the baby is a sex act? Sodomy, even? Nursing a hungry baby is equivalent to dropping a deuce in public? Now you just sound like someone who has never actually had to change a crappy diaper in a public place. It’s a hoot, let me tell you.

This commercial takes on the issue with just the right touch of humor:

Baby Mama has referred to herself as an “accidental lactivist.” Baby Girl would never tolerate nursing under a cover. Her latch was horrible early on (and has always been tentative), needing a lot of revision and pop-off re-latching. Oh, and we’re in no rush to wean, so she’s still nursing at eighteen months. Which brings us to the second major point of debate.

Kayapó mother and child in Brazil.

Kayapó mother and child in Brazil.

How old is too old? We in the United States are in an awfully big hurry to wean, and despite the fact that most of the developing world (and much of the developed world) recognizes the benefits of extended breastfeeding, we seem to view anyone who nurses beyond a year as some kind of radical. Baby Girl’s favorite toddler-class teacher recently asked Baby Mama not to nurse her in the classroom at pick-up time anymore. She justified the request with an insinuation that new dads coming in to pick up their children might be somehow “offended,” but we can’t help but wonder if it’s really driven by an opinion that at eighteen months, she shouldn’t be nursing any longer. Especially among our parents’ generation, there seems to be an opinion that if the child is still nursing at her first birthday, it’s time to cut her off (which is one lousy birthday present, if you ask me). Others will say that if she’s old enough to ask for it, she’s old enough to wean. We’re more of the opinion (as is much of the world, I think) that if it’s not working for both mother and child, well then it’s just not working, but as long as it’s still working for both, why mess with it? If it ain’t broke, don’t fix it, you know?

We’re not alone in that opinion. The World Health Organization recommends breastfeeding alongside appropriate solid foods “up to two years of age or beyond” (WHO). Here in the States, there’s something of a movement afoot toward extended breastfeeding, going hand-in-hand with the movement toward what has been dubbed “attachment parenting.” In a nutshell, attachment parenting is built around the notion that humans are naturally an offspring-carrying species (à la higher primates), not a nesting species like dogs or cats or birds. As such, the argument goes, we are more within our natural element carrying our babies, or wearing them, or co-sleeping with them at night, than we are to plop them in a stroller or a bouncy seat or a playpen or a crib (as were most of us as children). Far from spoiling the child (as the old-schoolers would say we were doing), the theory is that keeping our children physically close to us—carrying them on our chests or backs when we’re out and about, engaging them with direct attention, allowing them to sleep close to us or even with us—helps the child grow into a secure, empathetic, and nurturing adult.

Attachment parenting has something of a guru in a fellow named Dr. Sears (actually the elder of several Dr. Searses), who may in fact have even coined the term. I’m not much of a joiner, and Baby Mama will attest that I’m horrible about doing my parenting homework, so I’m not really an expert on the Doctors Sears or the current theory and research around attachment parenting. I only know that the general precepts make sense to me. Children are hardwired to bond with their core caregivers (parents, et al.), and to be more secure around them than around relative strangers such as rotating day-care providers. To get all Darwinian, it’s reproductively advantageous for children to hew toward the adults who are most driven to look out for their safety and welfare. It just makes sense.

Cover article on Dr. Sears and Attachment Parenting, Time, May 31, 2013

Cover article on Dr. Sears and Attachment Parenting, Time, May 31, 2013

To judge by the subtitle on this Time cover, attachment parenting is not without its detractors. Nor is extended breastfeeding. And of course, there are going to be extremists on both sides of any argument, because the world is full of nutjobs. We could talk about how part of the problem is our culture’s hypersexualization of the breast—our hypersexualization of any kind of nudity or intimate physical contact, really—and how that creates a cycle of shame and repression. We could talk about the role of patriarchal traditions and systemic misogyny (‘cuz let’s face it, fellas; those yummies aren’t there for us). We could talk about how all this is compounded by our country’s pitiful maternity leave policies, and the ways in which we make work and parenting mutually incompatible. But I’m running way too long already, and I’m bucking my deadline, so all that will just have to wait for another time.

So how public is too public? If you ask me, there is no such thing. Riding a bus, sitting in a restaurant, in uniform, in Parliament, in front of the Pope—you name it. A nursing baby is so much more pleasant than a cranky, hungry baby. Don’t want to see it? That’s simple: Don’t look.

And how old is too old? As far as I’m concerned, as long as breastfeeding is still working for both mother and child, no one else really has much right to chime in. If you’re not the mother, it’s not your body and it’s not your child, so it’s not your business.

BLS 385: American Motherhood

BLS 385: American Motherhood

In short, as the partner of a nursing mother and the father of a happy and healthy breastfed toddler, I believe that no mother should ever be made to feel that she has somehow transgressed public decency simply by feeding her infant or soothing her child. It’s not an act of rebellion. It’s not an attention-seeking spectacle. In fact, it’s not about you at all. It’s an act of love between a mother and her child. Baby’s hungry.

What Should we Learn in College? (Part I)

by Wade Maki

Recently Governor McCrory made some comments on William Bennett’s radio show about higher education. These comments got a lot of people’s attention and not necessarily the good kind. Before reading any comments on what someone else has said it is best to check out the original source. To that end, I suggest listening to the entire segment of the Governor on the show (which you can download as an MP3 here).

Governor Pat McCrory

Governor Pat McCrory

Several comments were made regarding higher education including the importance an education has in getting a job, the shortage of certain kinds of training (welding), and the surplus of workers in other kinds of education (including gender studies, philosophy, and Swahili). While there are a lot of things worth responding to in the radio segment, I will address only one issue: Why disciplinary training in philosophy is valuable. Philosophy is, after all, my field and it is wise to restrict one’s public claims to what one knows.

What does philosophy teach us? Common answers include increased critical thinking, argumentation skills, and clarity of communication. In practice this includes a bundle of skills such as: seeing the logical implications of proposed ideas or courses of action; the ability to identify the relevant issue under discussion and separate out the “red herrings”, unsupported arguments, or fallacious reasoning; being able to break down complex ideas, issues, or communications and explain them in a logically organized fashion, etc. I could go on, but these are a sampling of the real skills learned from an education in philosophy.

What the governor and Dr. Bennett (who holds a Ph.D. in Philosophy) said gives the impression that a philosophy education doesn’t help students get jobs. This has been a takeaway message in the media. Since, others have made the case that a job isn’t the goal of an education, I leave it to the reader to examine that argument. There are two points about the discussion that should be noted. First, Dr. Bennett was suggesting that we have too many Ph.D.’s in philosophy, which is a separate claim than philosophy lacks educational value. It may be true that we have an oversupply of Ph.D.’s in many disciplines (and a shortage in others). The causes of this are many and include the free choice of students as to what to study, the impetus for universities to create graduate programs to enhance their reputations, and the ability to reduce teaching costs by putting graduate students in the classroom. Again, I leave it to others to examine these causes. Nothing Dr. Bennett said indicated that undergraduates shouldn’t learn philosophy.

Dr. William "Bill" Bennett

Dr. William “Bill” Bennett

This leads me to the second point—Dr. Bennett is himself an example of the value philosophy adds to education. What do you do with a philosophy education? Dr. Bennett parlayed his philosophical training, in addition to legal training (a common set of skills), to become Secretary of Education, a political commentator, an author, and a talk radio host. His logical argumentation skills, knowledge of Aristotle and virtue ethics are seen throughout his work. The very skills described above as benefits of a philosophical education are the skills his career represents.

There are very good reasons to include philosophy as part of our higher education curricula. Unfortunately, philosophy becomes an easy target in public discourse disparaging what we learn in this discipline for at least two reasons. First, most people don’t have an understanding of what philosophy is and how it develops numerous valuable skills. Second, philosophy teaches transferable skills that enhance many careers without having a single career associated solely with it (besides teaching). In other words, the value of studying nursing may be to become a nurse in a way that studying philosophy isn’t to become a philosopher. The value of philosophy is found in the skills it develops which can be applied to all sorts of jobs. I suspect Dr. Bennett would agree and I hope Governor McCrory will as well.

Congressional Redistricting: Where the Real Power Lies

By Claude Tate

We hear the names of those who sway influence in America every day. We are familiar with those who lead our federal government. The President and the Executive Branch obviously have a major impact, as do the members of Congress and the Supreme Court. We are also familiar with the leaders of our state and local governments. And of course the CEOs of our major corporations, banks, etc. are also powerful in terms of shaping our future.  We even hear about people who develop new technologies that impact our lives. But there are others who also impact our lives in major ways that are not in the news every day.  In fact, I would say that few of us even know they exist. They are the people who toil behind the scenes to shape the choices we have when we go to the polls. They are, according to an article by Robert Draper in the October issue of The Atlantic magazine, “The League of Dangerous Mapmakers”.

Tom Hofeller

Tom Hofeller

Draper’s article focuses on one of those mapmakers, Tom Hofeller.  As the article states in its opening paragraph, every ten years following just behind the census takers, “Tom Holfeller takes up anew his quest to destroy Democrats. He packs his bag and his laptop with its special Maptitude software, kisses his wife of 46 years, pats his West Highland white terrier, Kara, and departs his home in Alexandria, Virginia, for a United States that he will help carve into a jigsaw of disunity.”

As allowed by the Constitution, every 10 years following the census, the 435 congressional districts are redrawn (normally by the state legislatures) so they represent population increases, decreases, and shifts. The framers of the Constitution allowed this so as to “keep democracy’s electoral scales balanced”.  But from the beginning; redistricting has been a “blood sport” that has used to keep some in power and others out of power. As Draper notes, in 1788 Patrick Henry engineered the creation of a district in Virginia that he felt would prevent James Madison from winning a seat in Congress by putting him in the same district as James Monroe, who he felt would defeat Madison. Madison won anyway, penned the Bill of Rights, and became President.  And when Madison’s second vice president, Elbridge Gerry, was governor of Massachusetts, he helped create a district shaped like a salamander so as to benefit his party, thus the origin of the term, gerrymander.

Elbridge Gerry

So redistricting has had a long history in America. And it has been practiced by both parties. But today there is a difference. Thanks to people like Tom Holfeller the process has become far more precise. In the weeks leading up to the 2012 election, I saw a poll that concluded only about 50 or so seats out of 435 were even in contention. I saw other polls which put the number even smaller. In those other approximately 400 districts, they were going to go Democrat or Republican regardless of who was running.  What that means is that the candidates in those ‘safe’ districts do not have to listen to the other side. They do not even have to appeal to ‘the center’. So we are electing representatives who do not have to compromise once they get into office. In fact, in the recent elections, a number of veteran members of Congress lost because they had the gall to listen to the other side and compromise.  I recently saw a statement by a candidate, and I cannot recall off-hand who it was, who proudly stated he would never compromise. Our government cannot function without compromise.  It’s interesting how polls show an extreme dissatisfaction with Congress for this attitude which produces gridlock, yet we continue to elect the people who only represent the extremes. And that is due in large part to folks like Holfeller (he works for Republicans, but Democrats have their ‘Holfellers’ too).

“The Gerry-Mander”

The article caught my attention because it focused on the redrawing of districts in Texas and North Carolina. The new Republican legislature in North Carolina hired Holfeller to redraw our lines while Texas did not. Due to our past, both states must have their districts approved by the Justice Department under the Voting Rights Act to show the new districts are not discriminatory.  Texas has run into a number of problems. But in NC, while cases have been brought claiming discrimination, things are far more calm because Holfeller makes it a point to not get too greedy. There are still several ‘safe’ Democratic districts.  Mel Watt’s 12th district is safe, as is G.K. Butterfield’s 1st district.  David Price’s 4th district was also preserved as a safe Democratic district.  (Butterfield, Watt, and Price won re-election). But Price’s district was restructured dramatically so as to remove much of the Democratic base from Brad Miller’s 13th district.  With his prospects for re-election in the new 13th district dim, Brad Miller decided not to run. A Republican, George Holding, now represents the new 13th district.  Moderate (Blue Dog) Democrats such as Mike McIntyre (7th district) and Heath Shuler (11th district) were put in districts less favorable to re-election.  McIntyre chose to run in the new district. (As of this writing, with all precincts reporting, McIntyre was holding a 378 vote lead, but I’m sure there will be a recount.)  Heath Shuler’s district had included the entire southwest mountains.  While the majority of that area votes Republican, Asheville and the Swannanoa valley to Black Mountain normally votes Democratic, and were responsible in large part for Rep. Shuler’s two election victories.  Holfeller and the NC legislature took those Democratic leaning areas out of the mountains and put them into a district with Gastonia, Rutherfordton, Shelby, etc., which is solidly Republican. Asheville may have little in common with the communities in their new district, but that does not matter.  What matters is that a Republican will be guaranteed to represent the new 11th district. (Mark Meadows, a Republican, is the new Representative from the 11th district.)  And with Asheville and the Swannanoa valley now in the 10th district, Asheville’s power to impact congressional elections has been taken away. (Patrick McHenry, a Republican, won re-election in the new 10th.)  Another moderate Democrat, Larry Kissell (8th district), decided to run, but the environment is far less favorable to a Democrat in his new district.  (He was beaten by Republican Richard Hudson.)  Due to the work of Holfeller and the Republican-led legislature, our congressional delegation has shifted dramatically in favor of Republicans.  Before the 2012 election our delegation was composed of 7 Democrats and 6 Republicans. Now there are 4 Democrats (including McIntyre) and 9 Republicans. Holfeller did his job well.

NC Congressional Districts per S.L. 2011-403

And since the legislature also draws up the districts for the NC House of Representative and NC Senate, barring a major shift in population or a major event, the new districts that were drawn based on the 2010 census will ensure Republicans will maintain power in Raleigh, and in our congressional delegation, probably for the next decade.  And since the legislature is involved in the process in some form in the majority of the other states, the party that gained the majority in 2010 will likely shape their state and its congressional delegations for some time to come also.  And nowhere will they be looking at balancing the districts so both Republicans and Democrats will have an equal shot at winning office.

It is obvious that there are problems with how we handle redistricting. But what is the solution? Some have suggested that bipartisan commissions be created to handle the process. Various models of bipartisan commissions are used in some states now. Five states use an ‘advisory commission’ to draw the state maps, which are then presented to the legislature.  Ohio and Rhode Island use an advisory commission for their congressional districts also.  However, in most cases, the legislature is not bound by their maps.  And some states use backup commissions who will draw the maps if the legislature fails to pass a plan. Seven states use ‘politician commissions’ where certain elected officials separate from the legislature are chosen to devise the maps. And six states use what is called ‘independent commissions’ that minimize the input of elected officials by forbidding both legislators and other elected officials from serving.  An explanation of the various models and how each state determines the legislative districts can be found at http://redistricting.lls.edu/who.php. But partisanship makes its way into each of those processes also. Those who make the decisions have their own political views, and the outside consultants they all utilize, even if they do not work for either a Republican or Democratic organization, also have their personal political views. Maybe we just need to hope that Holfeller is correct when he says the system will correct itself.

NC 12th Congressional District

So while the news may give attention to those traditional power brokers, keep in mind that the real power may indeed lie with those anonymous mapmakers like 69 year old Tom Holfeller who are major forces in shaping who gets elected to our state legislatures, and who in turn, shape who gets elected to the U.S. House of Representatives.

How Free Should Freedom of Speech Be?

by Matt McKinnon

Only now, weeks after the blatantly anti-Islamic film “Innocence of Muslims” posted on YouTube, making headlines and spawning violent reactions from Muslims across the globe, have tensions begun to ease a bit.  Oh, to be sure, mainstream media and American attention has moved on, only to return when the next powder keg blows, while much of the rest of the world is left to grapple with serious questions of rights and responsibilities in this new age of technology.

Riots in Libya in response to “Innocence of Muslims”

These recent riots across the Muslim world bring into high relief serious questions about the freedom of speech, for us as citizens of the United States, as well as participants in a global society made smaller and smaller with the advance of technology.

The problem, at first glance, seems like the usual violent overreaction by Muslim extremists whose narrow view of religion and politics seeks only to protect their view at the expense of the rights of others who may disagree.

Salman Rushdie

We are quickly reminded of the fatwa pronounced on Salman Rushdie  for the horrific action of writing a novel (itself a work of fiction), as well as the assassination of Dutch director Theo van Gogh for his work “Submission” about the treatment of women in Islam.

But a deeper look into this issue, instead of bringing clarity and self-assured anti-jihadist jihad, reveals a real problem that is not so black and white, not so clearly one of the fundamental right of freedom of speech versus ignorant fundamentalism, but rather one that is complicated, with subtleties and nuances not conducive to entertainment-news sound bites and the glib remarks of politicians.

The question becomes, not so much what freedoms we as U.S. citizens have with respect to our Constitution and domestic laws, but rather what extent should we, as participants in a larger global society, respect the various notions of freedom of speech at work in other countries and cultures different from our own.

Theo van Gogh

For, when we look closer at the latest incident itself, instead of finding the literary musings of a great novelist or the social critique of a world-class film director, we find a joke of a movie—though not really a movie at all: more like a few scenes of such low quality and disconnect that one doubts the existence of a larger work.  Some have called it “repugnant,” but what makes it so is not its content, which can scarcely be taken seriously, but rather the intention behind it.

The title itself (Innocence of Muslims) makes little sense—if predicated of the film’s contents.  However, if the title was a display of ironic/sarcastic foresight, then it fits all too well.  It would be hard to find anyone in the Western world who would take it seriously.  There is no plot, no character development, in fact, no real characters—only thinly disguised stereotypes meant to offend.

And that—the intention to offend—seems to be the only real purpose of the work itself.

Now it must be said that intention to offend is not, in and of itself, always a bad thing.  And the intention to offend religion especially is not either.  (I find myself doing both as often as possible.)  The problem arises when the intention to offend is also an intention to provoke, not discussion and debate, a la Rushdie and van Gogh, but violence and riot.

A few details are warranted:

As it turns out, the video was posted on YouTube in early July, 2012 as “The Real Life of Muhammad” and “Muhammad Movie Trailer,” but received little or no attention.  It was then dubbed into Arabic, re-titled with the aforementioned ironic/sarcastic name, and broadcast on Egyptian television on September 9th—two days before the eleventh anniversary of 9/11.

And the rest, as they say, is history.

(Except that it’s still going on, and will continue to escalate in the future.)

Holocaust survivors in Skokie, IL

So why is this case NOT the same as that of Rushdie and van Gogh, overlooking of course the artistic and social merit of these two?  Well, it strikes me that this incident is less like writing a book or making a movie criticizing specific points of any (and all) religions and more like yelling “Fire!” in a crowded theatre or assembling Nazis to march through Jewish neighborhoods in Skokie, Il in1977.

The first are clearly examples of protected free speech, the second is not, and the third is still hotly debated 35 years the case went to court.

Here is where American jurisprudence only helps so far.  For U.S. laws are clear that free speech can be limited if the immediate result is incitement to riot.  (This is what the city of Skokie argued—and lost—in their case against the Nazis: that their uniformed presence in a neighborhood with a significant number of Holocaust survivors would incite riot.)

Members of Westboro Baptist Church

To complicate matters, the freedom of speech laws are even more restrictive in other countries—and not just those “narrow-minded,” theocratic Muslim ones either.  In fact, Canada as well as much of Europe has free-speech laws that significantly restrict its exercise.   For example, the infamous members of Westboro Baptist Church, who recently won a Supreme Court case supporting their right to picket the funerals of U.S. soldiers, are not allowed to protest north of the border in Canada, as that country’s hate speech laws forbid such activity.  (Many in the U.S. disagreed with SCOTUS’s ruling and were in favor of restricting free speech in this case.)

And in most European countries, publicly denying the Holocaust is a crime.  As is racist hate speech (just ask Chelsea footballer John Terry).

The production and “marketing” of “Innocence of Muslims” might or might not meet the criteria of hate-speech, but that is neither my concern nor my point.

The fact that the video was produced with the intention to inflame Muslims, and that when it initially failed to do so it was dubbed into Arabic and specifically presented to Egyptian television to be broadcast to millions, makes it hard to deny that its real intention was to promote and incite riot.

The missing pieces here are the internet and technology—and the laws that have failed to keep up with them.  For with social media, YouTube, smart phones, iPads, Skype, etc…, placing an inflammatory video in the right hands with the capability to reach millions almost instantaneously just may be the 21st century version of standing on a street corner inciting folks to riot.

In fact, it may be worse.

Not recognizing this, I fear, will have even more dire consequences in the future.

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Editor’s note: The usual practice in the BLS Program is to provide direct links to primary sources when possible. However, in the case of the video discussed in this entry, we decided it would be imprudent to link to it directly. If you want to view the video for yourself, a search of the title will lead you to the original posting, various repostings, and sundry articles and editorials about the video and its aftermath.

Pride and Prejudice

by Ann Millett-Gallant

From Wednesday, Sept 26 – Sunday, Sept 30, Durham hosted the 28th semi-annual Pride Weekend.  This festival, which began in 1981 and is the largest LGBT event in North Carolina, included a number of colorful performances, including music, dance, karaoke, DJs, and comedy (especially a headliner by Joan Rivers), parties and get-togethers, lunches and dinners, meetings over coffee, walk and runs, church services, vendors, and a lavish and lively parade.  According to their website, the mission of these events is:

  • to promote unity and visibility among lesbians, gay men, bisexual and transgendered people
  • to promote a positive image through programs and public activities that foster an awareness of our past struggles
  • to be recognized as an important and talented sector of our diverse state.
  • to support and encourage HIV/AIDS education, breast cancer awareness and basic health education

Although I am in complete support of these missions and always love a good party, I have only attended the parade twice with a friend of mine who is a lesbian.  I was thrilled when my new friend, Jay O’Berski, invited me to be a part of the float hosted this year by his Durham-based theater company, The Little Green Pig.  We all wore t-shirts in support of Pussy Riot, a Russian, Feminist Punk collective who stage activist Guerilla performances all over Moscow and who were recently incarnated (for more information, see this interview).

This is a photo of me in my Pussy Riot t-shirt in the café of the Durham Whole Foods before the parade.  Unfortunately, pouring rain prevented me from marching, or “scooting” in the parade, so I modeled my shirt where other marchers were gathered.  Although the parade was inaccessible to me this year, the spirit of the event inspired me.

The Pussy Riot acts relate to Unit 6 of my course BLS 348: Representing Women, “Performance as Resistance,” and most specifically, the activist work of the Guerilla Girls.

The Guerilla Girls are a performance team whose work includes live actions as well as posters and printed projects to critique the masculine biases of art history. The assigned reading for this class, the Introduction and Conclusion to The Guerrilla Girls’ Bedside Companion to the History of Western Art, presents a selection of their written projects, many of which engage irony, satire, and witty sense of humor. The Guerilla Girls call for change and invite others to partake in their protests.

In 1989, the Guerilla Girls challenged the Metropolitan Museum on their lack of representation of female artists. Almost 85% of the Mets’ nudes were female, compared with the only 5% of their collection of work by female artists.  This ad above appeared on New York City buses.

Representing Women also includes an assigned reading on homosexual artists:  Harmony Hammond, “Lesbian Artists,” in Amelia Jones, ed. The Feminism and Visual Culture Reader, 2nd edition (London, New York: Routledge, 2010), p. 128-129.

After the parade and conducting research for this blog, I became aware that one lesson might not be enough.  The Bachelor of Arts in Liberal Studies program emphasizes diversity and the breadth and wealth of differing human experiences.

Jay Parr raised similar points in his blog post of 9/27/11.  In “The Significance of a Simple Ring,” he discussed his discomfort at seeing a non-married, homosexual man wearing a ring.  Parr analyzed his negative reaction, given his full support of and numerous friendships with the LGBT community.   In the specific context of UNCG, Parr stated: “The irony is that the training seminar I was attending was so that I could become a certified Safe Zone ally, so that I could advertise to the university that, hey, if you’re an LGBTQ member of our community and you need someone to talk with about that, I’m here for you.”

Parr then focused on the significance of the ring as a symbol of one’s commitment to their spouse, as well as of the legal and social status of marriage.  He advocated that all couples should have the right to the ring and all the significance and rights surrounding it.

Parr’s post predated passage of the marriage amendment to the state constitution in May 2012, which solidified the ban of same sex marriage in North Carolina “Defense of Marriage.”  I felt disappointed and defeated by this law, but maybe, at least, it will motivate those who are against such legislation to speak out.  Not long after this act, President Obama “came out” with his support of same sex marriage, bringing the discussion to nation attention.

Opponents of same sex marriage say it’s an affront to traditional marriage.  Yet, my husband and I, although we are heterosexual, do not have a traditional marriage: we lived together for 3 years before becoming engaged, I proposed to him, and we have no plans, nor desire to have children.  Further, I was born without fingers, so I literally can’t wear a ring.  Nonetheless, we were allowed to get married, and the minister I found online was, I’m pretty sure, a lesbian.  She was ordained, but would not have legally been able to marry a loving partner herself.  In my opinion, bans on same sex marriage are an affront to Civil Rights.  Interracial marriage was legalized in all states not until 1967, and 45 years later we are debating similar issues.  I hope that events like the Pride Parade and public support of same sex marriage will lead toward positive change.

I feel hopeful this Fall, as new television shows such as The New Normal and Couples have strong and openly homosexual characters, adding to the presence of happy, same sex couples on television, in examples such as Modern Family (winner of the most 2012 Emmy awards), Glee, The Ellen DeGeneres Show, and Grey’s Anatomy, as well as popular shows that ended in the past few years, like Ugly Betty and Brothers and Sisters.  While I hesitate to wish reality would mirror television in general, this is evidence that perhaps American culture is beginning to have more exposure to and familiarity with so-called “Alternative” lifestyles.

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Editor’s note: Ann Millett-Gallant will be giving a book talk about her book, The Disabled Body in Contemporary Art, on Tuesday, November 13, at 3:00 PM, in the Multicultural Resource Center, on the ground floor the Elliott University Center.