“In every American community you have varying degrees of shadiness.
One of the shadiest of these is the Liberals.
Ten degrees to the left of center in good times,
Ten degrees to the right of center if it affects them personally.”
-Phil Ochs, 1967
From the horse’s mouth: Nope.
On advice of lawyer, don’t talk about arrest. On advice from retired lawyers: civil liberties issue iffy. Advice gleaned from the overworked ACLU: case not as good as others we’ve got. Advice from friends: hope for a plea deal. Request from PPJPC colleagues: pretend we don’t know you. Advice about the press: “Generally they don’t have much interest in this kind of thing.” FAIL.
I have to confess, my pretending yesterday about an intentional plan to fly under-the-radar was sarcasm. I had no idea the extent to which the sublimation of the “MEPP” Kulp/Nace arrests was premeditated. No mention of the court date in the PPJPC Active For Justice weekly email, the arrestees’ spirits driven down by the defeatism prescribed above. I raise this criticism not to victimize the defendants further, but to question this apparently endemic predilection for hemlock.
Exactly how valuable is it to have colleagues with legal experience enough to vacillate about your courtroom chances being between cross-your-fingers and dismal? What good a lawyer whose own sense of your pre-verdict innocence is ambivalent? What confidence is lifted being told it will all depend on the judge? I’ve always thought a lawyer who counsels activists to shut up while their prosecution is pending, lest innocence incriminate itself, is not suited to activists as clients.
Most troubling is the impression which the ACLU gives in its habitual reluctance to express enthusiasm for a case. The Denver ACLU in particular is famously overburdened, and they are inundated with solicitations for representation. Better in my opinion to decline with apologies than to leave inquirers doubting their trampled civil liberties may not have been sufficiently flattened. Free speech is either or. Restricted free speech is restricted speech. Or are we prepared to call it the 1.01 Amendment (revised for 2011)?
Behind the scenes, only hours after the fact, the ACLU can reveal that the November arrests and the policy which the city acted upon were patently unconstitutional. So how can we expedite that kind of reassurance to activists before the fact? Because of course such arrests are only serving to scare the public from even thinking about dissent. In fact this is the preemptive aim of these actions.
I count my own success at avoiding arrest, as I find myself defying authority sometimes nose to nose, with nonchalance because I know my rights. I KNOW MY RIGHTS. That argument appears to register with police officers when you say it as if you’re reassuring them, projecting a shrug and a smile, relieving them of having to rationalize acting against you. When you are confident of your rights there is nothing to compromise but practical considerations, lawful orders which the officer is able to show you are warranted.
You can retreat to a public sidewalk once a policeman has proven he had sufficient authority to make the request. A landlord who has contracted the use of his land to tenants does not have absolute say without their consultation. It’s not even reasonable of him to call in the police if no one is complaining and you are not creating a disturbance. To know these things empowers you to stand your ground when overzealous officers of the law think they can throw their weight around. How do we rekindle that essential confidence in our civil rights?
The other confidence-stealing factor at play in this case is an activist organization insisting that its members protest under a different name, to avoid offending members who didn’t agree. On its website, the PPJPC claims the MEPP as a subcommittee, but for the day of action and in subsequent news coverage, no affiliation.
If you consider that the Middle East Peace Project’s objective is to win over public awareness and sympathy, it seems horribly defeatist to think that you can’t even appeal to your own fellow members. Not to mention that you can’t trade on the reputation that sustains your mother organization, instead you have to emerge out of the blue, like any other holders of extremist views.
When protesters are having to excuse themselves and the unintended perhaps unwarranted commotion they’ve caused, and have to pretend to be acting autonomously because they can’t make their case to their own colleagues, it’s a recipe for what happened here. Activists kowtowed and self-censored.
And so, how to ally yourself with such impediments? Coloradans For Peace has to cut the PPJPC out of the loop so long as its decision makers are so dominated by naysayers, pretenders, NVC appeasers, and a staff which reports their every intention to the police. You can’t even discuss strategy in such a circle.
COLORADO SPRINGS- There’s a plan tomorrow, Thursday Jan 6 at 1:30, for the first court appearance of BDS activists Cyndy Kulp and Ted Nace, arrested in November at a local shopping center, and charged with trespass to curtail their free speech. THE PLAN is for the two Middle East Peace Project activists to follow legal procedures unobtrusively, no press, no statements, no calling attention to the Israeli war crime they were protesting, or now the patently unconstitutional abridgment of their civil liberties. Self-censorship does seem odd when the original goal was to raise public outcry about injustice in Palestine. Isn’t media scrutiny otherwise the only opportunity which knocks when you’re gagged by wrongful arrest? Not much of a plan. Are veteran BDS campaigners Coloradans For Peace going to disrupt tomorrow’s agenda to sweep BDS/Free-Speech under the rug? HELL YES.
A strategy of keeping your head low, of tempering your message to avoid offense, of your sponsors and allies disassociating themselves from you, is a plan for mice not men.
While it might feel unseemly to call attention to yourself, even as a victim of injustice, that’s the same inhibition that keeps so-called advocates for social reform from protesting in public in the first place. Standing on the sidewalk, holding a sign is about trying to draw attention.
Long time peace activists Kulp and Nace need not check their outspoken humanitarian compulsions at the door tomorrow. Please turn up at 1PM tomorrow outside the Municipal Courthouse to show your support and help the two raise their voices to further the message about which they feel so passionately.
COLORADANS FOR PEACE is scheduling a press conference tomorrow at 1PM to object to the city’s recently unveiled policy of enforcing severe limitations on rights guaranteed by the First Amendment. In the past this harassment has been aimed at antiwar protest, now it is being used to silence critics of Israeli Apartheid and the illegal subjugation of the Palestinian people. If either of these issues is important to you, please come lend your voice.
Below is the policy which the City of Colorado Springs is seeking to enforce:
COLORADO SPRINGS POLICE DEPARTMENT BULLETIN
ORIGINATED BY: COMMANDER BRIAN GRADY
APPROVED BY: DC PETER CAREY
DATE ISSUED: 05-17-10
GENERAL TOPIC: FIRST AMENDMENT RIGHTS
SERIAL NO: 013-10(P)The legal counsel for some large business owners has contacted the City Attorney’s Office to request that the Police Department enforce trespassing laws against individuals circulating petitions or otherwise expressing free speech views on their private property. Senior Attorney Will Bain has communicated with the attorneys and has done legal research to determine the current law regarding free speech on private property. Senior Attorney Bain advised that the private rights of the business owner outweigh the free speech rights of the individual.
Additionally, the research by the City Attorney’s Office indicates that at this time the Citadel Mall, Chapel Hills Mall, the First and Main Shopping Center, the World Arena, and University Village can be interpreted to be public areas due to their size, number of stores, and past court rulings. While the malls and shopping center can still impose time, place, and manner restrictions, the charge of trespass will not be appropriate for these five locations in Colorado Springs when addressing free speech rights. BOLOs have been placed on these addresses as a reminder.
All sergeants and officers shall review the additional changes and detailed procedures to be followed in these type cases, which are outlines in General Order 701, dated 01/13/10.
Here is the Coloradans For Peace press release:
Coloradans For Peace and its social justice allies unequivocally reject the City of Colorado Springs assertion to limit free speech rights on public or private property. We reject the conclusion alleged by the City Attorney that current law allows for initiating trespassing charges to curtail individuals “expressing free speech views.”
Whether against antiwar protesters, or activists boycotting Israeli goods stolen from occupied people in violation of international law, we feel that municipal policies should seek to defend, not inhibit, the First Amendment rights of its residents and citizens.
CFP objects to the attempt to set precedent whereby private property landowners operating facilities open to the public can dictate what civil liberties they will allow or disallow. And we certainly oppose law enforcement behavior which takes it upon itself to enforce trespassing charges without being summoned by the traditional complaints to warrant legitimate intervention by police officers.
I’ve always cherished the peace symbol button I wear on my coat lapel, lovingly decorated for me with rhinestones. But I see what it has become, a broach. Time to take it off, not because it’s grandmotherly, it’s pure and simple outrée. PEACE: Yeah, who doesn’t want peace –so what? That the peace symbol has become ubiquitous would have been something to celebrate only a couple years ago when it marked you as an obstinate hippie or wannabe malcontent. Today peace means Pax Obamana: WORLD PEACE imposed by imperial drone, PEACE KEEPING by occupation. The PEACE OF MIND come of military security. The PEACE AND QUIET absent of conscience, PEACEFULLY free of dissonant free speech. When George Bush said he would bring corporate malfeasance into compliance with the law, we thought he would reform their lawbreaking, instead Bush meant he’d change the law. Obama promised peace, the war = peace incarnation, and he intends to bring us into compliance.
You don’t care what our neighborhood Pikes Peak Justice & Peace Commission has gotten its leash tangled around –I shouldn’t– but the latest is just too funny. FIRST, in November they sponsored an Israel-BDS protest to boycott a local Ahava outlet and promptly got two participants arrested. Wrongly of course, but the police were awaiting them with a letter fashioned for the occasion by the City Attorney giving the CSPD authority to drive the activists from the private property. Although planning had been kept on the QT, do you think the reception might have been due to monthly confabs which the PPJPC executive director keeps with city law enforcement? Later in debriefing, the director pronounced his incredulity that the “new policy” hadn’t been spelled out to him at the last meeting. So what kinds of things do the PPJPC & CSPD discuss? SECOND, just as the PPJPC fell for the Save Darfur intervention-as-peacemaking faketivism, then zipped it for Obama’s false hopetivism, now the pitiful dupes call their Muslim-Jewish-Christian “Evening in Jerusalem” gathering a THREE CUPS OF TEA PARTY! Would this be in deference to Greg Mortenson‘s Western Empire [school] building enterprise? That puts the PPJPC in the company of the Pentagon and the Department of Homeland Security, Mortenson’s biggest boosters. The next chance I get I will ask known J&P’ers I promise you — who are the Idiot Iscariots taking this tack? The PPJPC is soliciting donations from earnest yous and mes in the name of peace and justice, to advocate for forfeiting civil liberties and 3CoT’s participatory militarism.
On the AHAVA arrests, do we know who tipped off the cops? Not really, but we know the city’s actions didn’t spring from the media press releases which went out the day before. How much lead time do you figure is required to solicit a written policy from the city attorney’s office? Who had that kind of foresight?
The official word was that the “new policy” delineating which shopping centers might be major enough to be considered public spaces, and which were only average-sized neighborhood no-free-speech zones, was drafted to preempt populist petitioner Doug Bruce from assailing shoppers at will. But he prevailed against the trespassing charges pressed against him by Costco didn’t he. So that pretext doesn’t wash, and by no stretch of the law would a Costco parking lot be considered public.
There is already legal precedence for shopping centers not being considered the new town squares, and the state of Colorado has already put freedom-seekers aspiring to assemble in malls that they must abide by individual mall rules of conduct. At Chapel Hills mall is means, by permit, one at a time, no more than one day per quarter, no handouts, and a moratorium on all social causes over the holiday shopping period.
So a city-wide policy penned by their counsel giving explicit authority for police to remove activists from private property would seem redundant and by its intentional breadth, unconstitutional. But it gives cops-on-the-beat ground not to vacillate.
However CSPD learned about the J&P plans, wouldn’t it seem a crippling limitation to be meeting with the police on a regular basis to give them a heads up about any events that might concern them?
Keep in mind, the PPJPC executive director is avowedly protest-averse. He’s stated he doesn’t see the value to public demonstrations, and they certainly disrupt his ongoing strategy to ingratiate himself and his non-profit into the fabric of local conformist NGOs.
In the case of the Ahava boycott, though the protest was organized by a subcommittee of the PPJPC, toward the press the activists were told to identify themselves only as Middle East Peace Project. That was the PPJPC wouldn’t be tainted by any negativity which the action might draw. You’d think that choosing to distance yourself from motivated peace activists would be justification enough to pretend not knowing of their plans when the police are chatting you up for clues.
What good does it serve organizers if a parent organization is going to maintain plausible deniability but at the same time is helping law enforcement keep tabs on your plans.
There was nothing illegal about the plan to picket the Ahava store. There was nothing illegal about assembling on a shopping center parking lot which is open to the public. There is no need to alert the local police if the only result is that they will finagle a ruling by which you are prevented from exercising your constitutional guaranteed rights.
From anonymous young voices in Gaza, reprinted from Facebook group:Gaza Youth Breaks Out (GYBO), file under Jailhouse Literature.
Fuck Hamas. Fuck Israel. Fuck Fatah. Fuck UN. Fuck UNWRA. Fuck USA! We, the youth in Gaza, are so fed up with Israel, Hamas, the occupation, the violations of human rights and the indifference of the international community…
(Via THE GUARDIAN UK, which chose an incendiary if wildly inappropriate photo to represent the Gaza cyber rebels.)
GAZA’S YOUTH MANIFESTO FOR CHANGE
Fuck Hamas. Fuck Israel. Fuck Fatah. Fuck UN. Fuck UNWRA. Fuck USA! We, the youth in Gaza, are so fed up with Israel, Hamas, the occupation, the violations of human rights and the indifference of the international community! We want to scream and break this wall of silence, injustice and indifference like the Israeli F16’s breaking the wall of sound; scream with all the power in our souls in order to release this immense frustration that consumes us because of this fucking situation we live in; we are like lice between two nails living a nightmare inside a nightmare, no room for hope, no space for freedom. We are sick of being caught in this political struggle; sick of coal dark nights with airplanes circling above our homes; sick of innocent farmers getting shot in the buffer zone because they are taking care of their lands; sick of bearded guys walking around with their guns abusing their power, beating up or incarcerating young people demonstrating for what they believe in; sick of the wall of shame that separates us from the rest of our country and keeps us imprisoned in a stamp-sized piece of land; sick of being portrayed as terrorists, homemade fanatics with explosives in our pockets and evil in our eyes; sick of the indifference we meet from the international community, the so-called experts in expressing concerns and drafting resolutions but cowards in enforcing anything they agree on; we are sick and tired of living a shitty life, being kept in jail by Israel, beaten up by Hamas and completely ignored by the rest of the world.
There is a revolution growing inside of us, an immense dissatisfaction and frustration that will destroy us unless we find a way of canalizing this energy into something that can challenge the status quo and give us some kind of hope. The final drop that made our hearts tremble with frustration and hopelessness happened 30th November, when Hamas’ officers came to Sharek Youth Forum, a leading youth organization (www.sharek.ps) with their guns, lies and aggressiveness, throwing everybody outside, incarcerating some and prohibiting Sharek from working. A few days later, demonstrators in front of Sharek were beaten and some incarcerated. We are really living a nightmare inside a nightmare. It is difficult to find words for the pressure we are under. We barely survived the Operation Cast Lead, where Israel very effectively bombed the shit out of us, destroying thousands of homes and even more lives and dreams. They did not get rid of Hamas, as they intended, but they sure scared us forever and distributed post traumatic stress syndrome to everybody, as there was nowhere to run.
We are youth with heavy hearts. We carry in ourselves a heaviness so immense that it makes it difficult to us to enjoy the sunset. How to enjoy it when dark clouds paint the horizon and bleak memories run past our eyes every time we close them? We smile in order to hide the pain. We laugh in order to forget the war. We hope in order not to commit suicide here and now. During the war we got the unmistakable feeling that Israel wanted to erase us from the face of the earth. During the last years Hamas has been doing all they can to control our thoughts, behaviour and aspirations. We are a generation of young people used to face missiles, carrying what seems to be a impossible mission of living a normal and healthy life, and only barely tolerated by a massive organization that has spread in our society as a malicious cancer disease, causing mayhem and effectively killing all living cells, thoughts and dreams on its way as well as paralyzing people with its terror regime. Not to mention the prison we live in, a prison sustained by a so-called democratic country.
History is repeating itself in its most cruel way and nobody seems to care. We are scared. Here in Gaza we are scared of being incarcerated, interrogated, hit, tortured, bombed, killed. We are afraid of living, because every single step we take has to be considered and well-thought, there are limitations everywhere, we cannot move as we want, say what we want, do what we want, sometimes we even cant think what we want because the occupation has occupied our brains and hearts so terrible that it hurts and it makes us want to shed endless tears of frustration and rage!
We do not want to hate, we do not want to feel all of this feelings, we do not want to be victims anymore. ENOUGH! Enough pain, enough tears, enough suffering, enough control, limitations, unjust justifications, terror, torture, excuses, bombings, sleepless nights, dead civilians, black memories, bleak future, heart aching present, disturbed politics, fanatic politicians, religious bullshit, enough incarceration! WE SAY STOP! This is not the future we want!
We want three things. We want to be free. We want to be able to live a normal life. We want peace. Is that too much to ask? We are a peace movement consistent of young people in Gaza and supporters elsewhere that will not rest until the truth about Gaza is known by everybody in this whole world and in such a degree that no more silent consent or loud indifference will be accepted.
This is the Gazan youth’s manifesto for change!
We will start by destroying the occupation that surrounds ourselves, we will break free from this mental incarceration and regain our dignity and self respect. We will carry our heads high even though we will face resistance. We will work day and night in order to change these miserable conditions we are living under. We will build dreams where we meet walls.
We only hope that you – yes, you reading this statement right now! – can support us. In order to find out how, please write on our wall or contact us directly: freegazayouth@hotmail.com
We want to be free, we want to live, we want peace.
FREE GAZA YOUTH!
Gathering songs for a Christmas compilation, I went looking through different versions of “Will This House be Blessed?” by John B. Spencer. While the forgiveness spirit is in keeping with the season, everyone else’s cover lacked whatever it was I remembered tied the song literally to Christmas. I finally found Spencer’s original recording and there it was, an Easter reference actually, but too much irreligious specificity apparently for subsequent renditions.
Everybody since Spencer omits his last verse, instead repeating the first, which they also alter to “Let it go, let it go” and not “Let him go.”
For the record, versions by Harry Manx, Richard Thompson, and Martin Simpson et al. go by the more assuring title, absent the question mark, ONLY THEN WILL YOUR HOUSE BE BLESSED.
But here’s how John B sang it:
Let him go, let him go, let him go, go, go
Let your sword of vengeance rest.
?Do the blind lead the blind??
Don’t be cruel to be kind.?
Only then will your house be blessed.
Turn your cheek, turn your cheek?
Turn your other cheek,?
Make your mercy manifest.?
When the hawk and the dove?
Fly in circles ’round your love,?
Only then will your house be blessed.
Offer prayer, offer prayer,?
Offer one small prayer?
To your uninvited guest.?
Don’t deny him his right,?
Make him welcome through the night.
?Only then will your house be blessed.
Pull the nails from the cross.
Pull the cross from the hill.
Lay the body and soul to rest.
May the blood that’s been spilt
–Drown your guilt.
Only then will your house be blessed.