Over at Austro-Athenian Empire, Roderick recently mentioned a couple particularly bizarre attempts to use Intellectual Protectionism in the service of chickenshit (parrot-shit?) speech-control. I have a story about that, too, actually.

A few days ago over at Alas, A Blog, Jeff Fecke and Mandolin each put up a couple of posts featuring images of a couple racist-ass cartoons by Donna Barstow (1, 2). Specifically, these:

Hey everybody! The entire country of Mexico is dirty, dangerous, and poor! Also, they give us deadly plagues!

Hey everybody! … Um. Wait. Somebody remind me what the hell the point of this cartoon is, again?

The reason I’m using the image of these cartoons here is for the purpose of commenting on them. Specifically, for the purpose of demonstrating the fact that both cartoons are crudely racist; they also just are terrible cartoons. The first one — which is just a bullet list of standard Anglo disdain for Mexico as poor and dirty and dangerous, with a bit of topical scapegoating and racist-ass panic over the flu tossed in for good measure, all of it awkwardly shoe-horned into a joke through an awkward pastiche of insurance advertising slogans — isn’t especially funny. The second one is not merely unfunny, but, as far as I can make out, in fact is so pointless as to defy classification as even attempted humor. O.K.; yes; I understand that Barack Obama is black, and that, like many black people, he has hair that tends to be more kinky than the kind of hair stereotypical of white people. Is there a punchline here? (Really, seriously, if anyone can figure out what the point of it is, let me know. I’m seriously tempted to view it as avant-garde commentary by the deed, bringing Dada to the world of editorial cartooning in order to undermine the bourgeois affectation that cartoons need to have points or make sense.)

I’m also reposting these here because shortly after the posts went online, Donna Barstow showed up in the comments to invoke copyright law, accuse Alas of thieving, and to threaten the folks at Alas with complaints to their web host or legal action in an attempt to intimidate them into taking down the posts. As it happens, I also got a nasty-gram from Ms. Barstow, because Alas is one of the blogs syndicated at Feminist Blogs, and so the posts with the images appeared there too. So I received the following demand and threat from Ms. Barstow last Thursday:

From: Donna Barstow Cartoons <donnabarstow@sbcglobal.net>
To: Feminist Blogs Web Admin
Subject: take my copyrighted cartoon off your site immediately
Date: 4/30/2009 12:53 AM

Dear Feminist Blogs,

I’m a feminist. I’ve written 2 cartoon books for women. I am one of only 3 women out of 60 editorial cartoonists. However, I do not STEAL from other people, and I hope you don’t either. http://www.amptoons.com/blog/archives/2009/04/29/another-racist-cartoon-by-editorial-cartoonist-donna-barstow/ And frankly, I’m shocked that a FEMINIST blog would simply take for granted that anything published by the amptoons crazies would have any truth at all!!! You did no research or even ask me, and you assume it’s all right to call a person (in this case a woman) a racist and ruin her reputation???? This is a hate crime on your part, and you will not be happy if I have to contact your server.

I own all rights to the cartoon and the idea. I have already contacted amptoons server to have it taken down tomorrow, and they will get a warning.

Please refer to DMCA copyright infringement requirements at http://www.softlayer.com/legal.html before you willfully abuse copyrighted work, defame and harass innocent people. Please remove my cartoon immediately. Thank you.

Kind Regards,
Donna Barstow
And look for me all week in Slate! (all Editorial cartoons)
Why I Did It (some Editorial cartoons)
Donna Barstow Cartoons (no Editorial cartoons, but still good)

Barry Deutsch, who runs Alas, will have to choose his own course. As for Feminist Blogs, though, the answer is: Absolutely not. I will do no such thing.

As it happens, I don’t think Ms. Bartsow has a legal leg to stand on — the use of the cartoons for the purpose of commentary, especially for non-commercial educational purposes, is well within the realm of fair use. But more to the point, even if she did have a legal leg to stand on, that would only be an indictment of such a ridiculous, tyrannical and dialogue-stifling law. Barstow is not losing one penny from the reprinting of cartoons in the context of a commentary on their contents; the cartoons were and are being given away for free on the Internet to anyone who wanted to look at them. Nobody is trying to appropriate credit for the cartoons or trying to pass off her racist-ass cartoons as their own; the whole point of the posts is to point out that they were drawn by somebody else, and that that somebody else is expressing some crude racism. Barstow’s only complaint here, the only thing this stealing amounts to, is the fact that the cartoons are being used for a purpose that Barstow doesn’t like — specifically, that they are being used as visible evidence in an effort to criticize her work and to support claims about the character of her work which Barstow disagrees with, and finds insulting. Her threats are an explicit attempt to use Intellectual Protectionism as a tool of censorship, to attack those who disagree with her as thieves, and to coercively silence criticism of her work. That is nothing more than thuggery in a three-piece suit, and Ms. Barstow ought to be ashamed of herself.

I am also posting all this, not only to talk about the story itself, but to encourage you to talk about it, too. If silencing critics is what she wants to achieve, I would like Donna Barstow to find out that it will not work. I encourage anyone and everyone who supports free speech, and who believes that people who draw racist-ass cartoons oughtn’t to be able to go around threatening their critics into silence, to repost this post, or to write a post of your own that uses Donna Barstow’s racist-ass comics as evidence in the course of a critical commentary on the content of those comics, and that discusses her attempts to use Intellectual Protectionism laws as a tool to censor the critics of her work.

Consider it a form of direct action against law-waving bullies and for vigorous, open debate. People who act like this need to know that their would-be victims will not be silenced. And the more that they become convinced that these attempts to stifle criticism will reliably produce exactly the opposite of their desired outcome, with so many people reposting the criticism that any attempt to shut it down will be swamped by sheer numbers, the less likely they are to imagine that it could possibly be a good idea.

It’s Sunday. It’s May. Shamelessness is in the air.

What have you been up to this week? Write anything? Leave a link and a short description for your post in the comments. Or fire away about anything else you might want to talk about.

• To-day in Anarchist history: The pacifist-Anarchist Gustav Landauer was martyred 90 years ago today, on 2 May 1919, when he was imprisoned and then stoned to death by soldiers sent on the orders of state socialist politician Gustav Noske, to crush the independent Bavarian worker’s councils and force the Bavarian Free State back under the political control of Germany.

  One can throw away a chair or destroy a pane of glass; but those are idle talkers and credulous idolators of words who regard the state as such a thing or a fetish that one can smash in order to destroy it. The state is a condition, a certain relationship among human beings, a mode of behavior between human beings; we destroy it by contracting other relationships, by behaving differently toward one another…. We are the state, and we shall continue to be the state until we have created institutions that form a real community and society of people.

  –Gustav Landauer, Schwache Stattsminner, Schwacheres Volk, in Der Sozialist (June, 1910).

• To-day in Right to Keep and Bear Arms history: On May 2, 1967, 42 years ago today, the California State Assembly debated the Mulford Act, a bill to ban the open carrying of firearms. In response (since the bill was largely targeted at criminalizing their practice of openly carrying while on cop-watching patrols), the Black Panther Party staged a march to the state capital and walked onto the Assembly floor openly carrying rifles, shotguns, and holstered handguns. (The weapons were unloaded and were kept pointed either at the ceiling or at the floor.) Bobby Seale then read a declaration written by Huey Newton and Eldridge Cleaver, urging that The Black Panther Party for Self-Defense calls upon the American people in general and the black people in particular to take careful note of the racist California Legislature which is now considering legislation aimed at keeping the black people disarmed and powerless at the very same time that racist police agencies throughout the country are intensifying the terror, brutality, murder, and repression of black people. After they left the capitol building and began to head home, they were surrounded by a battalion of cops and arrested en masse for conspiracy to disrupt a legislative session.

  NRA-approved, anti-gun-control conservative politician-saint Ronald Wilson Reagan was governor of California at the time all of this went down. When the Panthers showed up, Reagan ran and hid inside the capitol building. Shortly thereafter, he showed his commitment to the right to keep and bear arms by signing the Mulford Act after the state legislature passed the bill.

• On government-backed traditional marriage, women’s property rights, and conservative mythistory-as-justification: killjoy, wreckage found floating (2009-04-19): daily dose of stoopid

• On bottom-line principles for a constructive secessionism: Carol Moore, Vermont Commons (2009-04-16): SECEDE & SURVIVE: Prepare to be Overwhelmed by Secession

• On Leftist anti-statism and the class structure of the State: Chris Dillow, Stumbling and Mumbling (2009-04-17): Shrink the State: A Leftist Aim

• On assumed audiences and gender politics in FLOSS and web development: Shelley Powers, Bb RealTech (2009-04-29): Open Arms

• On the literacy monopolists and popular writing tools: BLDGBLOG (2009-04-22): How the Other Half Writes: In Defense of Twitter

• On Enron, corporate privateers and deregulatory rhetoric: Jesse Walker, Hit & Run (2009-04-03): The Smartest Guys in the Tomb. Jesse mentions along the way:

  Leftists and liberals have a word for polluters who pose as careful environmental stewards: greenwashing. We need a similar word for times when the eager beneficiaries of the corporate state pose as free-market entrepreneurs. A word, that is, for propaganda like the Enron ad.

  Of course, I’ve promoted the use of the word privateering for something that’s roughly in the neighborhood, but privateering is really suited to a different purpose (it has to do with a critique of phony privatization, which is often bundled with, but not identical to, phony deregulation; and it focuses on the phenomenon, not the use of rhetoric around it). So, what’s your best suggestion for a left-libertarian counterpart to greenwashing, when state capitalist firms pose as free-market entrepreneurs?

  My own best effort, to date, is gold-plating. Thoughts? Comment away.

Fellow workers:

I am back home, footsore, throatsore, exhausted and happy. The marcha was awesome. I hope there will be some pictures and some video soon. Unfortunately it leaves me absolutely no time at all to prepare one of my usual May Day orations. In its place, I offer you this, from my 2006 May Day post, which I made at the beginning of the current explosion of the immigration freedom movement. I hope that it offers some idea of what this day for LIBERTAD and SOLIDARIDAD SIN FRONTERAS is all about.

May Day is and ought to be a Day of Resistance, of defiance against the arrogance and exploitation of the bosses — whether corporate or political. A day to celebrate workers’ struggles for dignity, and for freedom, through organizing in their own self-interest, through agitating and exhorting for solidarity, and through free acts of worker-led direct action to achieve their goals. So what a real joy it is to see May Day 2006 honored through general strikes across the country, demanding freedom and respect for immigrant workers…

Of course, there’s no actual extortion involved in refusing to work for a day; workers are not your servants, not even immigrant workers, and declining to freely give their work for a day is not forcing you to give up anything that was yours to begin with. But you’re damned right that this is about confrontation, and you’re damned right that it’s about defying the law.

You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. … One may well ask: How can you advocate breaking some laws and obeying others? The answer is found in the fact that there are two types of laws: There are just and there are unjust laws. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with Saint Augustine that An unjust law is no law at all.

— Martin Luther King Jr. (1963-04-16): Letter from Birmingham Jail

And it is an unjust law: neither you nor the government has any right to commandeer the lives and livelihoods of innocent workers to satisfy your Law-and-Order hang-ups, or your theo-national power trip. …

What we are witnessing today, and have been witnessing for the past few weeks, is nothing less than an explosively growing freedom movement. A freedom movement bringing millions into the streets, bringing together labor militancy and internationalism. And it is being done in defiance of the violence of La Migra, the bullying bigotry of the nativist creeps, and the condescending hand-wringing of the sympathetic politicos. It is exactly what May Day was made for. And exactly what the kind of creeps behind the Loyalty Days of the world — whether state-communist or state-capitalist — fear the most: ordinary people standing together, celebrating together, free, happy, irreverant, and unafraid.

There will be a time when our silence will be more powerful than the voices you strangle today!

–Last words of August Spies (1887-11-11), immigrant, anarchist, and Haymarket martyr

Happy May Day, y’all.

See also:

• GT 2008-05-01: May Day 2008
• GT 2007-05-01: May Day 2007
• GT 2006-05-01: May Day 2006: A Day of Resistance
• GT 2005-05-01: May Day, May Day
• GT 2004-05-01: Free the Unions (and all political prisoners)!