You are here:
Geekery Today: posts tagged Maryland
No, seriously, I could swear the water in this pot is getting a little hotter… (#5) (posted 22 August 2008)
… But it must just be the summer heat, right?
In Maryland, a state police Red Squad spent a year and change infiltrating anti-death penalty and anti-war groups, and put the names of nonviolent activists onto terrorist and drug-trafficking watch lists:
The ACLU released 43 pages of [Maryland] state police summaries and computer logs Thursday - some with agents’ names and paragraphs blacked out — that it obtained from the state attorney general’s office through a lawsuit based on Maryland’s Public Information Act.
The files depict a pattern of spying and surveillance over a 14-month period in 2005 and 2006. During that time, agents infiltrated the Baltimore Pledge of Resistance, a peace group; the Baltimore Coalition Against the Death Penalty; and the Committee to Save Vernon Evans, a death row inmate.
Police entered the names of activists in a law enforcement database of people suspected of being terrorists or drug traffickers, the documents show. Police officials said they did not infringe on the protesters’ freedom; the ACLU said that nothing in the documents indicated criminal activity or intent.
Many of the spies’ reports seem innocuous. In one, an agent who attended a gathering of the Evans group noted that activists discussed the stance that a candidate for Baltimore County state’s attorney might take on the death penalty.
Yesterday, [former Maryland Governor Bob] Ehrlich said on WJZ-TV that he was
sympatheticto the principle that police should not spy on groups when there is no evidence of wrongdoing.But he added,
We pay state police to make decisions, and obviously they bring discretion with them to their jobs every day, so their job on a daily basis obviously is to weigh the relative value of intelligence they’ve received and to make decisions accordingly.—Jonathan Bor and Gus G. Sentementes, Baltimore Sun (2008-07-19): State police spying decried
For example, one of the decisions that cops accordingly make is to harass, assault, restrain, and imprison innocent people who try to photograph them and document how the cops are treating the people they interact with. (Apparently this intelligence
thing isn’t a two-way street.) They are, of course, happy to invent completely fictional crimes
based on nonexistent laws
in order to do so. Thus, in Johnson County, Tennessee:
Nearly everyone carries a cell phone and it’s hard to find one without that camera feature. It’s convenient when you want to take that impromptu photo, but a Tri-Cities area man ended up behind bars after snapping a shot of a Johnson County sheriff’s deputy during a traffic stop.
The cell phone photographer says the arrest was intimidation, but the deputy says he feared for his life.
… A Johnson County sheriff’s deputy arrested Scott Conover for unlawful photography.
He says you took a picture of me. It’s illegal to take a picture of a law enforcement officer,said Conover.… The deputy also asked Conover to delete the picture three times.
He said if you don’t give it to me, you’re going to jail,said Conover.Under the advice of the Johnson County attorney, the sheriff would not comment and the arresting deputy said he didn’t want to incriminate himself by talking to us.
—Darius Radzius, WJHL (2008-07-11): Man Arrested For Unlawful Photography
Carlos Miller elaborates on the same case:
Gangsters in Blue Ben May and Starling McCloud
Update: I talked to Scott Conover Wednesday morning and he said they delayed his court appearance to Sept. 3rd, which sounds familiar because they kept doing the same thing in my case. (I was arrested last year for photographing cops against their wishes). In my case, I took it as a sign that they were hoping the delay would cause the media interest to die down.
After arresting Scott Conover for
unlawful photographyin Mountain City, Tennessee last June, Johnson County Sheriff’s Deputy Starling McCloud threatened to arrest Conover’s 12-year-old daughter with the same charge after she snapped two photos of her father getting handcuffed.As it turns out, she is a better photographer than her father because she actually managed to photograph the camera shy deputy.
… It won’t be the first time [Scott Conover has] faced off against the Johnson County Sheriff’s Office in court.
A couple of years ago, we had problems with the sheriff, so we sued them and settled out of court for an undisclosed sum,he said.But the problems started even before that, after he witnessed deputies beating a man in front of the restaurant/bar he owns.
They beat the shit out of him,he said.The guy’s lawyer came back and took witness statements. When the statements made it back to the sheriff’s department, they came by and asked me why I was getting involved.Not long after that, deputies started staking out his business, Jammers Rocking Road House, which he said is modeled after the Tiki Bar in Key Largo.
They were wolf-packing my customers,he said.They would lie and wait for them to leave and then pull them over to see if they had been drinking.Conover struck back by suing them.
… On the night of his arrest, Conover and his family had left the Last Chance Saloon after picking up the nightly earnings and were on their way back to Jammers. His wife was sitting in the passenger’s seat. His son and daughter were in the back seat.
Up ahead were a group of customers who had just left the bar. A Johnson County Sheriff’s deputy, who was parked along side of the road, pulled over the car with the customers.
The lady who was driving doesn’t drink,he said.Her husband, who does drink, was sitting in the passenger’s seat.Conover pulled up to the scene and stopped his Hummer in front of the traffic stop. He asked his son for his IPhone, then rolled the window down and said:
Hey fellas, I’m just getting your picture.Then he snapped the photo. Deputy McCloud — who has been on the force only 18 months — told him that photographing him was illegal.
I asked,Conover said.what planet are you from?,McCloud started threatening to arrest him if he did not delete the photo, which as it turned out, did not even capture the deputy.
Conover’s wife even asked her husband to just hand the deputy the IPhone, but he refused. The deputy kept threatening him with arrest if he didn’t delete the photo.
The deputy then ordered Conover out of his car.
I threw the phone back to my daughter and told her to keep taking photos.By then, two Mountain City police officers had pulled up to the scene, including Kenneth Lane and Ben May, who is in the dark uniform in the above photos. McCloud placed two sets of handcuffs on Conover, who is six-feet tall and weighs 270 pounds, and apparently looked as if he could break out of a single pair of handcuffs.
Conover’s daughter snapped two photos before McCloud threatened her with arrest.
He started trying to get in my Hummer and get to the back seat where my kids were. I told him,he said.You better not go back there or else we’re going to have some real problems,McCloud decided against arresting the daughter.
At the jail, Conover asked McCloud if had ever heard of the First Amendment.
He then turned to me and said,I’m charging you with disorderly conduct.Thirty minutes later, after McCloud had left the jail — and had time to think of what other charges he could come up with — he called the jailer and added another charge against Conover; pointing a laser at an officer.
Meanwhile, in Ohio, posturing macho paramilitary cops gunned down an unarmed woman holding nothing other than her baby boy. They fired high-powered rifles, blindly into a room they couldn’t see, because they saw a shadow on the wall during their cock-swinging commando SWAT raid. Please remember that cops are hired and trained to keep you and me safe, so obviously no matter how many unarmed women these heavily armed, trained professionals mow down in a wild attempt to save their own skins, the warrior mindset
means never having to say you’re sorry.
A Lima, Ohio jury has acquitted police officer Joseph Chavalia of involuntary manslaughter in the death of 26-year-old Tarika Wilson. Chavalia shot and killed Wilson and wounded her infant son during a drug raid last January. Wilson was unarmed.
During the raid, one of Chavalia’s fellow officers shot and killed the two dogs owned by Wilson’s boyfriend and the target of the raid, Anthony Terry. Chavalia testified that he mistook his fellow officer’s shots at the dogs for hostile gunfire coming from the bedroom where Wilson was standing with her child. Chavalia then fired blindly into the bedroom.
The jury concluded that Chavalia reasonably feared for his life when he heard the gunshots. I guess they were then willing to overlook Chavalia’s mistaking an unarmed woman holding a baby for an armed drug dealer, and the fact that he fired blindly into a room without first identifying what he was shooting at. It’s too bad that that same sort of deference isn’t given to the people on the receiving end of these raids when they too understandably confuse the police officers who wake them from sleep and invade their homes for criminal intruders.
Over in Chicago, the arbitrary governor over the state of Illinois has declared that what Chicago needs is yet another elite tactical team
to patrol inner city neighborhoods, complete with state troopers and military helicopters.
Calling violence in Chicago
out of control,Gov. Blagojevich on Wednesday offered to lend state troopers and National Guard helicopters to the city to augment the Chicago Police.The governor is considering forming an
elite tactical teamto help the Chicago Police fight gang problems, a source said, adding that the unit could later be sent across the state to deal with gang problems at any city’s request.—Chicago Sun-Times (2008-07-17): Gov. says Chicago
out of control
Meanwhile, the Fighting Uruk-Hai of Arizona proposes that we ought to combat inner city crime using the strategic hamlet surge tactics that have made for such a brilliant success in the occupation of Iraq.
We might look at what Rudy Giuliani did in New York City, when he became mayor of that city. … And some of those tactics, very frankly — you mention the war in Iraq — are like that we use in the military. You go into neighborhoods, you clamp down, you provide a secure environment for the people that live there, and you make sure that the known criminals are kept under control. And you provide them with a stable environment and then they cooperate with law enforcement, etc, etc.
Do you feel safer now?
(Stories via Darian Worden (2008-07-18): Martial Law 2008, Manuel Lora @ LewRockwell.com Blog (2008-08-02): The Fascist McCain On Solving Neighborhood Crimes, Ali @ ThinkProgress (2008-08-01): McCain suggests military-style invasion modeled on the surge to control inner city crime, etc.)
See also:
- GT 2008-07-12: No, seriously, I could swear the water in this pot is getting a little hotter… (#4)
- GT 2008-06-05: Neighborhood Safety Ghettoes in D.C.
- GT 2008-05-15: No, seriously, I could swear the water in this pot is getting a little hotter… (#3)
- GT 2008-05-12: No, seriously, I could swear the water in this pot is getting a little hotter… (#2)
- GT 2008-05-06: No, seriously, I could swear the water in this pot is getting a little hotter…
- GT 2008-04-28: Is it just me or is the water in this pot getting a little hotter?
Cops are here to protect you. (posted 18 February 2008)
Cops are here to protect you by looking in on an upset young man who locked himself in a room with a small kitchen knife, then drilling a hole in the wall and spraying pepper spray to force him out from the room when he wouldn’t come out voluntarily, then shooting him to death when the pepper spraying forced him out of the room, because he brought out the small kitchen knife that he had taken in with him.
All for his own good, of course. It became necessary to destroy Scott Rockwell in order to save him.
Cops are here to protect you by using handcuffing and arrest to put an end any argument. Even if you’re a firefighter who’s busy trying to rescue an auto accident victim.
Cops are here to protect you by dumping you out of your wheelchair onto the jailhouse floor, and breaking two of your ribs. Just to make sure you weren’t lying, when you told them you can’t stand up because you’re paralyzed from the shoulders down.
Cops are here to protect you using pain compliance,
for example hitting you with 50,000-volt electric shocks at least three different times to make you do what they tell you to do, even when you pose no threat of violence to anyone, when you already have your hands cuffed behind your back, and when you are already surrounded or even pinned down to the ground by three armed professionals.
Cops are here to protect you by pinning a 13 year old boy to the ground and choking him for the crime of skateboarding. Then grabbing a teenaged girl in a chokehold for trying to walk away from the scene. Then wrestling down another teenaged boy who tried to protect her from getting manhandled. Then arresting the lot of them on the grounds that failing to immediately obey a cop’s arbitrary orders is a violation of city ordinances against disorderly conduct.
Cops are here to protect you by threatening a 14 year old boy with juvi
for backtalk,
threatening to smack your mouth
for attitude
, wrestling him to the ground to steal his skateboards, screaming in the boy’s face for being addressed as dude,
and then turning around to threaten another teenager who happens to be filming their professional conduct.
Cops are here to protect you by trashing your college art project and threatening to beat the hell out of you for using public space in ways that confuse and enrage them.
Please note that if you or I or anyone else without a badge and a gun acted like this, the people around us would more or less universally conclude that we’re belligerent and dangerous lunatics. In fact, if you or I or anyone else without a badge and a gun acted like this, and it was caught on camera, we would soon be in jail for on a charge of assault and battery. When someone with a badge and a gun acts like this, and it’s caught on camera, with a very few exceptions, the worst that ever happens is that they might get fired. The most common response from the powers that be is either to do nothing at all, or else to give the pig a paid vacation and a verbal reprimand. Meanwhile, state legislators propose laws to withhold records of the abuse as classified information for reasons of state security. Fellow cops and freelance sado-fascist blowhards can all be counted on to make up any excuse at all, even in defiance of the clear evidence of their senses, in order to get the pig off the hook, no matter how obviously out-of-control the cop may be and no matter how obviously harmless or helpless his victim.
The mainstream newsmedia writes stories with clauses like this:
The skateboarders, who were violating a city ordinance, are claiming police brutality and some say the pictures back up their claim.
The video shows a 13-year-old being held to the ground by his throat. It also shows a girl being held in what appears to be a chokehold.
—KTHV Little Rock: Video Brings Controversy To Police Department
Other cops say things like this:
Hot Springs Police Department spokesman McCrary Means says,
If a subject becomes confrontational, the officer has a right to defend himself. There are certain steps: first of all a verbal command. Like I said, if that subject becomes combative, that officer needs to do all he can do to get that subject under control.—KTHV Little Rock: Video Brings Controversy To Police Department
Please note that Hot Springs Police Department spokesman McCrary Means believes that police officers have a right to grab you and beat the hell out of you in order to defend themselves against a verbal confrontation.
And freelance police-enabling blowhards write in with letters like this:
In regard to the YouTube video in which the Baltimore police officer seems to go overboard in his actions regarding a teenage skateboarder, I’d point out that teenage boys typically resent authority, often continue to do the wrong thing even after repeated instructions to stop and are, in general, a minor menace to society until they grow out of their teenage years.
When they’re doing something wrong, you can ask them to stop over and over again, and they’ll often simply ignore you until you get loud or otherwise assert your authority.
As the uncle of two teenage boys, I have no doubt that the officer reacted in a normal manner and that he should not be subject to disciplinary action.
Jerry Fletcher
Waldorf
And:
When YouTube recently showed a video of a teenage skateboarder being manhandled by a Baltimore police officer, public reaction was swift and severe.
Mayor Sheila Dixon called him a
bad appleand the officer was immediately suspended.I find this rush to judgment without a complete investigation disturbing, especially as the alleged victim had little more than his feelings hurt.
Police officers put their lives on the line every day, and the lack of public support for these men and women, especially from the mayor’s office, is an embarrassment.
Might it be possible that these kids were just punks harassing a veteran officer? And if these upstanding skater dudes were so in the right, why didn’t they file a complaint against the officer?
Let’s hear the whole story before destroying the career of a dedicated public servant.
E. Mitchell Arion
Goldsboro
If E. Mitchell Arion hasn’t watched the video that he speaks so confidently about, then why keep talking about it when he doesn’t know what he’s talking about? If, on the other hand, he has actually watched the video, he must believe that this hollering uniformed thug is in fact a dedicated public servant
whose precious career needs to be handled with kid gloves, even though he watched Officer Salvatore Rivieri going up to one of the people he is supposedly serving,
screaming in his face, ordering him around, insulting him, telling him to shut up, threatening him, grabbing him, wrestling him down, shoving him back down to the ground, robbing him of his private property, lecturing him, and getting up in his face about the proper titles to use when the kid addresses his putative servant.
It takes an awfully special kind of dedicated servant
to treat you like that.
(Hat tips to Lew, Balko, Anthony Gregory #1, Anthony Gregory #2, Bill Anderson, Anthony Gregory #3, Anthony Gregory #4.)
Further reading:
In Ten Words or Fewer: brass tacks edition (posted 17 February 2008)
From a recent MoveOn update/fundraiser on the importance of intervening in Democratic Party primaries:
From: Adam Ruben, MoveOn.org Political Action
To: Rad Geek
Subject: Victory! Progressives defeat a right-wing Dem in Congress
Date: 2/13/2008 9:50 AMWe’ve been working together for years to make sure Democrats hold to progressive values and stand up to President Bush. It hasn’t always been easy. But yesterday, something amazing happened.
In what the Washington Post called a
stunning victory,progressive underdog Donna Edwards triumphed in her primary against right-wing Democrat Al Wynn. That’s one more vote for ending the war, for affordable health care, for ending global warming. And thousands of MoveOn members pitched in time, money, and shoe leather to make it possible.[…]
In 2006, we helped Democrats take back Congress from the Republicans. And while many Democrats have stood up against the war and corporate interests, […]
Oh, yeah? Name some.
That damned war isn’t funding itself.
Over My Shoulder #40: bell hooks on plantation patriarchy, black feminism, and black men’s relationship to masculinity. From We Real Cool. (posted 31 December 2007)
Pick a quote of one or more paragraphs from something you’ve read, in print, over the course of the past week. (It should be something you’ve actually read, and not something that you’ve
read
a page of just in order to be able to post your favorite quote.)Avoid commentary above and beyond a couple sentences, more as context-setting or a sort of caption for the text than as a discussion.
Quoting a passage doesn’t entail endorsement of what’s said in it. You may agree or you may not. Whether you do isn’t really the point of the exercise anyway.
Here’s the quote. This is from the first chapter of bell hooks’s We Real Cool: Black Men and Masculinity.
When we read annals of history, the autobiographical writings of free and enslaved black men, it is revealed that initially black males did not see themselves as sharing the same standpoint as white men about the nature of masculinity. Transplanted African men, even those coming from communities where sex roles shaped the division of labor, where the status of men was different and most times higher than that of women, had to be taught to equate their higher status as men with the right to dominate women, they had to be taught patriarchal masculinity. They had to be taught that it was acceptable to use violence to establish patriarchal power. The gender politics of slavery and white-supremacist domination of free black men was the school where black men from different African tribes, with different languages and value systems, learned in the
new world,patriarchal masculinity.Writing about the evolution of black male involvement in patriarchal masculinity in the essay Reconstructing Black Masculinity I write:
Although the gendered politics of slavery denied black men the freedom to act as
menwithin the definition set by white norms, this notion of manhood did become a standard used to measure black male progress. The narratives of HenryBoxBrown, Josiah Henson, Frederick Douglass, and a host of other black men reveal that they sawfreedomas that change in status that would enable them to fulfill the role of chivalric benevolent patriarch. Free, they would be men able to provide for and take care of their families. Describing how he wept as he watched a white slave overseer beat his mother, William Wells Brown lamented,Experience has taught me that nothing can be more heart-rending than for one to see a dear and beloved mother or sister tortured, and to hear their cries and not be able to render them assistance. But such is the position which the American slave occupies.Frederick Douglass did not feel his manhood affirmed by intellectual progress. It was affirmed when he fought man to man with the slave overseer. This struggle was aturning pointin Douglass’s life:It rekindled in my breast the smoldering embers of liberty. It brought up my Baltimore dreams and revived a sense of my own manhood. I was a changed being after that fight. I was nothing before—I was a mannow.The image of black masculinity that emerges from slave narratives is one of hardworking men who longed to assume full patriarchal responsibility for families and kin.This testimony shows that enslaved black males were socialized by white folks to believe that they should endeavor to become patriarchs by seeking to attain the freedom to provide and protect for black women, to be benevolent patriarchs. Benevolent patriarchs exercise their power without using force. And it was this notion of patriarchy that educated black men coming from slavery into freedom sought to mimic. However, a large majority of black men took as their standard the dominator model set by white masters. When slavery ended these black men often used violence to dominate black women, which was a repetition of the strategies of control white slavemasters used. Some newly freed back men would take their wives to the barn to beat them as the white owner had done. Clearly, by the time slavery ended patriarchal masculinity had become an accepted ideal for most black men, an ideal that would be reinforced by twentieth-century norms.
Despite the overwhelming support of patriarchal masculinity by black men, there was even in slavery those rare black males who repudiated the norms set by white oppressors. Individual black male renegades who either escaped from slavery or chose to change their circumstance once they were freed, often found refuge among Native Americans, thus moving into tribal cultures where patriarchal masculinity with its insistence on violence and subjugation of women and children was not the norm. Marriages between Native women and African-American men during reconstruction also created a context for different ways of being and living that were counter to the example of white Christian family life. In southern states enclaves of African folk who had escaped slavery or joined with renegade maroons once slavery ended kept alive African cultural retentions that also offered a subculture distinct from the culture imposed by whiteness.
With keen critical insight Rudolph Byrd, co-editor of the anthology Traps: African American men on Gender and Sexuality, offers in his groundbreaking essay The Tradition of John the mythopoetic folk hero John as a figure of alternative masculinity. Byrd explains:
Committed to the overthrow of slavery and the ideology of white supremacy, John is the supreme antagonist of
Old Massaand the various hegemonic structures he and his descendants have created and, most disheartening, many of them predictably still cherish. In John’s various acts of resistance are reflected his most exemplary values and attributes: motherwit, the power of laughter and song, self-assertion, self-examination, self-knowledge, a belief that life is process grounded in the fertile field of improvisation, hope, and most importantly, love. And his aspirations? Nothing less than the full and complete emancipation of Black people from every species of slavery. These are the constitutive elements and aspiration that together comprise the tradition of John. In these days of so many hours, it is a mode of black masculinity grounded in enduring principles that possess … a broad and vital instrumentality.Clearly, the individual black males who strategized resistance to slavery, plotted paths to freedom, and who invented new lives for themselves and their people were working against the white-supremacist patriarchal norm. They were the men who set the stage for the black male abolitionists who supported more freedom for women. Alexander Crummell in his address before the Freedman’s Aid Society in 1883 spoke directly to a program for racial uplift that would focus on black women, particularly on education. He announced in his address that:
The lot of the black man on the plantation has been sad and desolate enough; but the fate of the black woman has been awful! Her entire existence from the day she first landed, a naked victim of the slave-trade, has been degradation in its extremest forms.Frederick Douglass spoke regularly on behalf of gender equality. In his 1888 talk I Am a Radical Woman Suffrage Man he made his position clear:
The fundamental proposition of the woman suffrage movement is scarcely less simple than that of the anti-slavery movement. It assumes that woman is herself. That she belongs to herself, just as fully as man belongs to himself—that she is a person and has all the attributes of personality that can be claimed by man, and that her rights of person are equal in all respects to those of man. She has the same number of senses that distinguish man, and is like man a subject of human government, capable of understanding, obeying, and being affected by law. That she is capable of forming an intelligent judgment as to the character of public men and public measures, and she may exercise her right of choice in respect both to the law and the lawmakers… nothing could be more simple or more reasonable.
Nineteenth-century black leaders were concerned about gender roles and exceptional black men supported gender equality. Martin Delaney stressed that both genders needed to work equally for racial uplift.
Like Frederick Douglass, Delaney felt that gender equality would strengthen the race, not that it would make black females independent and autonomous. As co-editors of the North Star, Douglass and Delaney had a masthead in 1847 which read
right is of no sex—truth is of no color.At the 1848 meeting of the National Negro Convention Delaney presented a proposal that began:Whereas e fully believe in the equality of the sexes, therefore….Without a doubt black males have a historical legacy of pro-women’s liberation to draw upon. Even so there were black male leaders who opposd Douglass’s support of rights for women. In the essay Reconstructing Black Masculinity I state that most black men recognized the powerful and necessary role black women had played as freedom fighters in the effort to abolish slavery, yet they still wanted black women to be subordinated. Explaining further:They wanted black women to conform to the gender norms set by white society. They wanted to be recognized as
men,as patriarchs, by other men, including white men. Yet they could not assume this position if black women were not willing to conform to prevailing sexist gender norms. Many black women who had endured white-supremacist patriarchal domination during slavery did not want to be dominated by black men after manumission. Like black men, they had contradictory positions on gender. On one hand they did not want to bedominated,but on the other hand they wanted black men to be protectors and providers. After slavery ended, enormous tension and conflict emerged between black women and men as folks struggled to be self-determining. As they worked to create standards for community and family life, gender roles continued to be problematic.These contradictions became the norm in black life.
In the early part of the twentieth century black male thinkers and leaders were, like their white male counterparts, debating the question of gender equality. Intellectual and activist W.E.B. DuBois writing on behalf of black women’s rights in 1920 declared:
We cannot abolish the new economic freedom of women. We cannot imprison women again in a home or require them all on pain of death to be nurses and housekeepers. … The uplift of women is, next to the problem of color and the peace movement, our greatest modern cause.Influenced by the work of black woman anti-sexist activist Anna Julia Cooper, DuBois never wavered in this belief that black women should be seen as co-equal with black men. Despite the stellar example of W.E.B. DuBois, who continually supported the rights of women overall, black males seemed to see the necessity of black females participating as co-equals in the struggle for racial uplift with the implicit understanding that once freedom was achieved black females would take their rightful place subordinate to the superior will of men. In keeping with sexist norms, sexist black folks believed thatslavery and racism sought the emasculation of Afro-American menand that the responsibility of black folks to counter this, that black women were toencourage and support the manhood of our men.As editor of the Women’s Page of the newspaper the Negro World, Amy Jacque Garvey, wife of the radical thinker Marcus Garvey, declared:
We are tired of hearing Negro men say,This passage gives a good indication of the fact that educated black women struggled to repress their power to stand behind their men even as they were continually questioning this positionality. Outspoken women’s rights advocates in the latter part of the nineteenth century, like Anna Julia Cooper, were more militant about the need for black women to have equal access to education and forms of power, especially economic power.There is a better day comingwhile they do nothing to usher in that day. We are becoming so impatient that we are getting in the front ranks and serve notice that we brush aside the halting, cowardly Negro leaders…. Mr. Black Man watch your step! … Strengthen your shaking knees and move forward, or we will displace you and lead on to victory and glory.Throughout the 1900s black men and women debated the issues of gender equality. White-supremacist capitalist patriarchy’s refusal to allow black males full access to employment while offering black females a place in the service economy created a context where black males and females could not conform to standard sexist roles in regard to work even if they wanted to. It was the participation of black women in the workforce that led to the notion that black women were
matriarchal leadersin the home. In actuality, black female workers often handed their paychecks over to the males who occupied the patriarchal space of leadership in the home. Simply working did not mean black women were free. The gender roles that black folks formed in the twenties, thirties, and forties were complex. It was not a simple world of black women working and therefore exercising power in the home. Many contemporary black folks forget that in the world of the eraly twentieth century black people were far more likely to live with extended kin. A black woman who worked as a maid, a housekeeper, a laundress, etc., was far more likely to give her money toward the collective good and not for her own use or power.While social critics looking at black life have continually emphasized the notion that black men were symbolically castrated because black women were often the primary breadwinners, they have called attention to the reality of the working black woman giving away her earnings. Not all black families cared about black women earning more as long as black males controlled their earnings. And now that a vast majority of white women in this nation work and many of them earn more than their white male spouses, the evidence is there to confirm that men are less concerned about who earns more and more concerned about who controls the money. If the man controls the money, even if his wife is wealthy, the evidence suggests that he will not feel emasculated. Black men and women have always had a diversity of gender roles, some black men wanting to be patriarchs and others turning away from the role. Long before contemporary feminist theory talked about the value of male participation in parenting, the idea that men could stay home and raise children while women worked had already been proven in black life.
Black women and men have never been praised for having created a diversity of gender roles. In the first essay I wrote about black masculinity more than ten years ago the lengthy arguments I made are worth quoting again here:
Without implying that black women and men lived in gender utopia, I am suggesting that black sex roles, and particularly the role of men, have been more complex and problematized in black life than is believed. This was especially the case when all black people lived in segregated neighborhoods. Racial integration has had a profound impact on black gender roles. It has helped to promote a climate wherein most black women and men accept sexist notions of gender roles. Unfortunately, many changes have occurred in the way black people think about gender, yet the shift from one standpoint to another has not been fully documented. For example: To what extent did the civil rights movement, with its definition of freedom as having equal opportunity with whites, sanctioned looking at white gender roles as a norm black people should imitate? Why has there been so little positive interest shown in the alternative lifestyles of black men? In every segregated black community in the United States there are adult black men married, unmarried, gay, straight, living in households where they do not assert patriarchal domination and yet live fulfilled lives, where they are not sitting around worried about castration. Again it must be emphasized that the black men who are most worried about castration and emasculation are those who have completely absorbed white-supremacist patriarchal definitions of masculinity.
Black people begin to support patriarchy more as more civil rights were gained and the contributions black women made to the struggle for black liberation were no longer seen as essential and necessary contributions.
—bell hooks (2004), We Real Cool: Black Men and Masculinity, pp. 2–12.
A Place for Positive Law (posted 20 December 2007)
For those of you who don’t know, L. and I will be out of town for the holidays. In fact, we are already out of town; but I’ve arranged to have some not-especially-time-sensitive posts go up while I’m away through devious WordPress scheduling trickery, so stay tuned. While we’re away, we’ll first be visiting my assorted relations in Texas, and then heading east to the Molinari Society session at the APA Eastern Division meeting in Baltimore. The session will be a symposium on the theme Anarchy: It’s Not Just a Good Idea, It’s the Law.
Roderick will be presenting a paper on Spooner’s early theory of constitutional interpretation (most famously presented in The Unconstitutionality of Slavery), and the degree to which it can be reconciled with his later radical rejection of the Constitution and all forms of government-made law as having no legitimate authority over anyone. (Geoffrey Allan Plauché will be giving prepared comments in reply.) I’ll be presenting a new paper, A Place for Positive Law: A Contribution to Anarchist Legal Theory, which is also about Spooner, but from a different angle:
Peter Kropotkin famously defined anarchism as
… a principle or theory of life and conduct under which society is conceived without government—harmony in such a society being obtained, not by submission to law, or by obedience to any authority, but by free agreements concluded between the various groups, territorial and professional, freely constituted for the sake of production and consumption, as also for the satisfaction of the infinite variety of needs and aspirations of civilized beings.
If he was right about that, then
anarchist legal theorywould seem to be either a contradiction in terms, or an exercise in demonology. Anarchists want to abolish the State as such, and replace it with a society without government. And without a government, how would you have laws? Maybe so, but what I want to do today is not to storm the Law from the outside. Before the Law there stands a doorkeeper, and I note that he is mighty. My remarks will aim instead at an internal critique of a common-sense view of the law, beginning with some common premises that most statists share, and then moving towards the anarchistic conclusion that no government has sovereign authority to impose legal obligations on anyone. I will then consider a difficult problem that seems to face the anarchistic conclusion—the problem of reducing the natural law. I shall argue, though, that the solution that government seems to promise cannot withstand critical scrutiny; an anarchist solution to the problem will be difficult—one of the most difficult theoretical problems for anarchists to tackle—but the difficulty is necessary for a solution to the problem that is not simply arbitrary. The place for me to begin, then, is with the concept oflaw.…
John Hasnas will be commenting. You can read the whole thing online. Comments, questions, applause, brickbats, etc. are welcome, either in private or in the comments section below.
