Pro-immigrant activists with Occupy Denver file suit against DIA and DPD, challenge airport free speech “permit”


DENVER, COLORADO- Civil liberties champion David Lane has filed a complaint in US district court challenging Denver’s office of the city attorney for instituting a permit process at DIA to prevent public protest. Holding signs has become impermissible at the airport, without the issuance of a permit seven days in advnace, although police are not bothering themselves about signs welcoming homecomers or seeking to connect business visitors with their limo service. That selective enforcement is unconstitutional of course, and the lawfirm powerhouse of Kilmer Lane & Newman is filing suit on behalf of two Occupy Denver plaintiffs. last Sunday, January 29, both were threatened with arrest by DIA police. While two earlier attempts to assemble had capitulated to DPD intimidation, the Occupy Denver activists stood their ground. Why did you file your lawsuit? “We know our rights. We want the POLICE to know our rights.”

1. Full text of complaint:

Case 1:17-cv-00332 Document 1
Filed 02/06/17 USDC Colorado Page 1 of 14

Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

NAZLI MCDONNELL,
ERIC VERLO,

Plaintiffs, vs.

CITY AND COUNTY OF DENVER,?
DENVER POLICE COMMANDER ANTONIO LOPEZ, in his individual and official capacity,
DENVER POLICE SERGEANT VIRGINIA QUINONES, in her individual and official capacity,

Defendants.

______________________________________________________________________________

COMPLAINT

______________________________________________________________________________

Plaintiffs, by and through their attorneys David A. Lane and Andy McNulty of KILLMER, LANE & NEWMAN, LLP, allege as follows:

INTRODUCTION

1. Plaintiffs Eric Verlo and Nazli McDonnell challenge a regulation of alarming breadth that bans all First Amendment expression at Denver International Airport without a permit.

2. Plaintiffs are concerned citizens who believe that President Donald Trump has overstepped his executive authority by signing the January 27, 2017, Executive Order (hereinafter “Muslim Ban”), which permanently bans Syrian refugees from emigrating to the United States, temporarily bans nationals of seven countries (including permanent legal residents and visa-holders), and suspends all applications to the United States refugee program (even as to vetted entrants currently in transit).

3. Plaintiffs wish to express their disgust with President Trump’s (likely unconstitutional) Muslim Ban. They wish to do so in the same place that hundreds of thousands of Americans across the country have done: standing directly outside of the secure Customs and Border Protection (hereinafter “CBP”) screening area within an airport where immigrants to America enter into the main terminal after clearing customs. Plaintiffs, unlike many citizens across this great nation who have exercised their opposition to the Muslim Ban in airports by chanting, singing, dancing, and praying, simply wish to stand in silent protest, holding signs that express their solidarity with immigrants and the Muslim community.

4. Plaintiffs are banned from doing so by DENVER INTERNATIONAL AIRPORT REGULATION 50 (hereinafter “Regulation 50”).

5. Regulation 50 states: “No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” DENVER INTERNATIONAL AIRPORT REGULATION 50.03. In order to obtain a permit, an individual must “complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought[.]” DENVER INTERNATIONAL AIRPORT REGULATION 50.04-1.

6. Plaintiffs ask that this Court enjoin the enforcement of Regulation 50 and prohibit Defendants from arresting them for their First Amendment-protected activity of standing in peaceful protest within Jeppesen Terminal. Regulation 50 is overbroad in violation of the First Amendment and vague in violation of the Fourteenth Amendment’s Due Process Clause.

7. This is a civil rights action for declaratory and injunctive relief as well as fees and costs arising under 42 U.S.C. §§ 1983, 1988 and 28 U.S.C. Section 2201 et seq. due to Defendants’ current and imminent violations of Plaintiffs’ rights guaranteed by the First and Fourteenth Amendments to the Constitution of the United States.

PARTIES

8. Plaintiff Eric Verlo is a citizen of the United States of America. Mr. Verlo wishes to show his resistance to President Trump’s Muslim Ban, so that others will be inspired to join in the resistance.

9. Plaintiff Nazli McDonnell is a citizen of the United States of America. Ms. McDonnell wishes to show her resistance to President Trump’s Muslim Ban, so that others will be inspired to join in the resistance.

10. Defendant City and County of Denver is a municipal corporation and political subdivision of the State of Colorado. Thus, it is an entity subject to the provisions of § 1983.

11. Defendant Antonio Lopez is a Commander with the Denver Police Department. Commander Lopez is responsible for security at Denver International Airport’s Jeppesen Terminal.

12. Defendant Virginia Quinones is a Sergeant with the Denver Police Department. Sergeant Quinones is responsible for security at Denver International Airport’s Jeppesen Terminal.

JURISDICTION AND VENUE

13. Plaintiffs bring this claim pursuant to 42 U.S.C. § 1983; the First Amendment to the United States Constitution, incorporated as against States and their municipal divisions through the Fourteenth Amendment to the United States Constitution; and the Due Process Clause of the Fourteenth Amendment.

14. This Court has jurisdiction under 28 U.S.C. § 1331 over Plaintiffs’ claims that “arise[] under the Constitution of the United States.”

FACTS

15. On January 27, 2017, President Donald Trump signed an Executive Order, which permanently banned Syrian refugees from emigrating to the United States, temporarily banned nationals of seven countries (including permanent legal residents and visa-holders), and suspended all applications to the United States refugee program (even as to vetted entrants currently in transit). President Trump’s Executive Order has been subsequently referred to as a “Muslim Ban,” because it both mirrors President Trump’s racist, anti-Islam statements made on December 7, 2015, that he was planning to ban all Muslims from entering the United States until our representatives can “figure out what’s going on” and the ban targets countries whose population is predominantly Muslim and seemingly bears little rational relation to each country’s security threat to the United States.

16. Immediately upon the enactment of President Trump’s Muslim Ban there was an outpouring of outrage from a large proportion of the American population and across the spectrum of political affiliation. This outrage led to resistance in the form of protests.

17. On January 28, 2017, and January 29, 2017, protests erupted in nearly every major city in the United States. The protests organically formed in our nation’s airports. Protesters chose to express their disgust with President Trump’s Muslim Ban in airports (and specifically outside of the secure CBP screening area) because individuals affected by the ban who were in transit to the United States were being held and questioned by CBP agents there. Many of these travelers, including lawful United States residents, were forced to sign documents revoking their lawful status within the United States and deported. Still others were simply deported with no explanation. Others still were held for hours as teams of lawyers rushed to prepare habeas petitions for their release.

18. News reports about the protests make clear that they have been peaceful and non- disruptive despite the gathering of, in some cases, thousands of people.

19. Airport staff have told protesters, and would-be protesters, at numerous airports across the nation, including Kansas City International Airport, that there are no restrictions on their speech and that all protesters who wish to participate in actions against the Muslim Ban are allowed. Protests have continued in other cities to this day.

20. On January 28, 2017, there was one such protest at Denver International Airport, within the Jeppesen Terminal. At approximately 5:00 p.m. hundreds gathered in the Jeppesen Terminal’s atrium, near arrivals, to protest and many others gathered to bear witness.

21. Prior to the protest, leaders had applied for a permit. It was denied. The reason for its denial was that the permit was not requested with seven days advance notice of the protest occurring. Regulation 50 requires seven days advance notice.

22. The January 28, 2017, protest began with speeches, chants, songs, and prayers. It was a peaceful gathering of solidarity for immigrants and Muslims. Every person at the January 28, 2017, protest was contained in an area of the Jeppesen Terminal atrium that is designed as a gathering space for people to sit, relax, and converse. No one was standing in the walkways or passageways of the terminal.

23. Soon after the January 28, 2017, protest began, members of the Denver Police Department arrived on-scene. Commander Antonio Lopez engaged the leader of the protest, Amal Kassir, along with State Representative Joe Salazar and representatives from the ACLU of Colorado, and informed them that the protest was unlawful. Commander Lopez told Ms. Kassir that anything that “could be construed as Free Speech” was prohibited at the Denver International Airport, including within the Jeppesen Terminal, without a permit. See Exhibit 1, January 28, 2017 Video.

24. Commander Lopez also stated that all “First Amendment expression” was prohibited at the Denver International Airport, including within the Jeppesen Terminal, without a permit on Regulation 50. Commander Lopez handed Regulation 50 to multiple protesters, including Ms. Kassir. See Exhibit 2, January 28, 2017 Video 2.

25. Regulation 50 states (in pertinent part): “No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” DENVER INTERNATIONAL AIRPORT REGULATION 50.03. In order to obtain a permit, an individual must “complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought[.]” DENVER INTERNATIONAL AIRPORT REGULATION 50.04-1.

26. Commander Lopez, along with members of Denver International Security, told Ms. Kassir that every portion of Denver International Airport property, which has an approximately fifty square mile footprint, is off-limits for First Amendment expression. They suggested that Ms. Kassir move her protest to Tower Road, which is approximately six miles from the Jeppesen Terminal and, like most of the land surrounding Denver International Airport, adjacent to open prairie land with no inhabitants.

27. Commander Lopez threatened Ms. Kassir and numerous other demonstrators with arrest if they didn’t immediately cease any “First Amendment expression.” According to Commander Lopez’s directives, the individuals gathered in the Jeppesen Terminal could not stand holding signs, sing, speak to others about matters of public concern, hold the United States Constitution above their shoulders, or stand silently with their arms interlocked.

28. Ultimately, to avoid arrest, Ms. Kassir and the demonstrators moved outside of the Jeppesen Terminal to the large area on its south side, adjacent to the escalators leading to the commuter rail and under the Westin Hotel. The protest continued peacefully for a little while longer, then disbursed without issue.

29. The next day, January 29, 2017, Plaintiffs Eric Verlo and Nazli McDonnell traveled to Denver International Airport’s Jeppesen Terminal to express their opposition to President Trump’s Muslim Ban.

30. Mr. Verlo and Ms. McDonnell brought with them signs expressing support for immigrants and expressing concern that history was repeating itself with disastrous potential consequences.

31. Mr. Verlo and Ms. McDonnell positioned themselves adjacent to the secure CBP screening area within the Jeppesen Terminal at approximately 1:15 p.m.

32. Adjacent the secure CBP screening area at the Jeppesen Terminal is the only place where Mr. Verlo and Ms. McDonnell can reach their intended audience. Mr. Verlo and Ms. McDonnell wish to communicate with those who could be swayed by their message and, particularly, with immigrants. International travelers are often immigrants and/or lawful United States residents, including green card and other visa holders, other than citizens. Mr. Verlo and Ms. McDonnell wish to express their solidarity with immigrants directly to these individuals. Further, United States citizens who arrive from international locations are also individuals with whom Mr. Verlo and Ms. McDonnell wish to communicate. International travelers have experienced other cultures and are likely to be sympathetic to Mr. Verlo and Ms. McDonell’s message.

33. The secure CBP screening area is also the location where the Muslim Ban has been enforced by DHS, both at Denver International Airport and across the nation. Neither Plaintiff attempted to enter any restricted areas of Denver International Airport.

34. While silently displaying their signs, Mr. Verlo and Ms. McDonnell were in the open plaza near the secure CBP screening area within the Jeppesen Terminal and positioned significantly behind the railing, which demarcates where those waiting for loved ones are permitted to stand. Mr. Verlo and Ms. McDonnell did not impede the right of way of any passengers hustling to catch flights at the last moment. They simply stood with placards showing their distaste for the Executive Order and the man who executed it.

35. Mr. Verlo and Mr. McDonnell also observed another man in the terminal, named Gene Wells, who was expressing views similar to theirs.

36. Mr. Wells was wearing a sign taped to the back of his shirt.

37. Mr. Wells left the Jeppesen Terminal, but subsequently returned to protest. When he did, he was stopped by Denver Police Department officers who told him that he could not walk around the terminal with the slogan he had affixed to his back. Mr. Wells eventually rejoined Mr. Verlo and Mr. McDonnell at the international arrivals doors, but not without trepidation. He feared he might be arrested.

38. While Mr. Verlo and Ms. McDonnell were displaying their signs, Defendant Sergeant Virginia Quinones approached Mr. Verlo and Ms. McDonnell and threatened them with arrest if they did not leave Jeppesen Terminal. See Exhibit 3, January 29, 2017, Video.

39. Sergeant Quinones handed Mr. Verlo and Ms. McDonnell Regulation 50 and cited it as the reason they would be arrested if they did not leave Jeppesen Terminal. Id. Sergeant Quinones told Mr. Verlo and Ms. McDonnell that they would need a permit in order to stand silently, holding signs in opposition of the Muslim Ban and be in compliance with Regulation 50.

40. Had Mr. Verlo and Ms. McDonnell applied for a permit the second President Trump signed the Executive Order implementing the Muslim Ban, they still would have been unable to engage in protest within the Jeppesen Terminal under the terms and conditions of Regulation 50 on January 29, 2017.

41. Mr. Verlo and Ms. McDonnell did not immediately leave the Jeppesen Terminal after being threatened with arrest. However, they were startled by Sergeant Quiones’ threat and feared arrest for the duration of the time they were there.

42. Throughout the time Mr. Verlo and Ms. McDonnell were expressing their views within the Jeppesen Terminal they received numerous shows of support from passersby. Multiple self- proclaimed Muslims expressed heart-felt statements of appreciation to Mr. Verlo, Ms. McDonnell, and others holding signs.

43. Mr. Verlo and Ms. McDonnell ultimately left Jeppesen Terminal.

44. Mr. Verlo and Ms. McDonnell wish to return to Jeppesen Terminal to express solidarity with Muslims and opposition to the Muslim Ban, but are reticent to do so for fear of being arrested.

45. Upon information and belief, no individual has been arrested, or threatened with arrest, for wearing a “Make America Great Again” campaign hat without a permit within the Jeppesen Terminal at Denver International Airport.

46. Upon information and belief, no individual has been arrested, or threatened with arrest, for holding a sign welcoming home a member of our military without a permit within the Jeppesen Terminal at Denver International Airport.

47. Upon information and belief, no individual has been arrested, or threatened with arrest, for holding a sign and soliciting passengers for a limousine without a permit within the Jeppesen Terminal at Denver International Airport.

48. Upon information and belief, no individual has been arrested, or threatened with arrest, for discussing current affairs with another person without a permit within the Jeppesen Terminal at Denver International Airport.

49. At all times relevant to this Complaint, Defendants acted under color of law.

CLAIM I: FIRST AMENDMENT
(§ 1983 violation – all Defendants)

50. Plaintiffs repeat, re-allege, and incorporate by reference the allegations in the foregoing paragraphs of this Complaint as fully set forth herein.

51. Regulation 50 violates the Free Speech Clause of the First Amendment to the Constitution, on its face and as applied, because it impermissibly curtails Plaintiffs’ free-speech rights.

52. Plaintiffs wish to speak on a matter of public concern. 11

53. Denver International Airport’s Jeppesen Terminal is a public forum.

54. Regulation 50 directly infringes upon and chills reasonable persons from engaging in activity that is protected by the First Amendment.

55. Regulation 50 acts as an unconstitutional prior restraint on speech because it (1) requires a permit before allowing individuals to engage in speech, (2) allows for arbitrary and/or discriminatory permit denials, and (3) requires advance notice that is unconstitutionally excessive.

56. Regulation 50 is overbroad.?

57. Regulation 50 is not narrowly tailored to serve a compelling government interest.?

58. Regulation 50 does not further a substantial government interest.?

59. Regulation 50’s restriction on expressive conduct is greater than necessary to further any
government interest.?

60. Defendants’ actions and/or omissions enforcing Regulation 50 caused, directly or
proximately, Plaintiffs to suffer damages.

CLAIM II: FIRST AMENDMENT RETALIATION
(§ 1983 violation – all Defendants)

1. All statements of fact set forth previously are hereby incorporated into this claim as though set forth fully herein. ?

2. Plaintiffs engaged in First Amendment protected speech on a matter of public concern ?while displaying signs opposing President Trump’s Muslim Ban on January 29, 2017.

3. Defendants jointly and on their own accord responded to Plaintiffs’ First Amendment protected speech with retaliation, including but not limited to threatening Plaintiffs with arrest.

4. Defendants retaliatory actions were substantially motivated by Plaintiffs’ exercise of their First Amendment rights.

5. By unlawfully threatening Plaintiffs with arrest, Defendants sought to punish Plaintiffs for exercising their First Amendment rights and to silence their future speech. Defendants’ retaliatory actions would chill a person of ordinary firmness from engaging in such First Amendment protected activity.

6. Defendants’ actions and/or omissions enforcing Regulation 50 caused, directly and proximately, Plaintiffs to suffer damages.

CLAIM III: FOURTEENTH AMENDMENT DUE PROCESS
(§ 1983 violation – all Defendants)

7. All statements of fact set forth previously are hereby incorporated into this claim as though set forth fully herein.

8. The prohibitions of Regulation 50 are vague and not clearly defined. ?

9. Regulation 50 offers no clear and measurable standard by which Plaintiffs and others can ?act lawfully.

10. Regulation 50 does not provide explicit standards for application by law enforcement officers.

11. Regulation 50 fails to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits, and authorizes or encourages arbitrary and discriminatory enforcement, or both.

12. Defendants’ actions and/or omissions enforcing Regulation 50 caused, directly and proximately, Plaintiffs to suffer damages.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor and against Defendants, and grant:

(a) Appropriate declaratory and other injunctive and/or equitable relief; 13

(b)  Enter a declaration that Regulation 50 is unconstitutional on its face and enjoin its enforcement; ?

(c)  Compensatory and consequential damages, including damages for emotional distress, loss of reputation, humiliation, loss of enjoyment of life, and other pain and suffering on all claims allowed by law in an amount to be determined at trial; ?

(d)  All economic losses on all claims allowed by law; ?

(e)  Punitive damages on all claims allowed by law and in an amount to be determined ?at trial; ?

(f)  Attorney’s fees and the costs associated with this action, pursuant to 42 U.S.C. § ?1988; ?

(g)  Pre and post-judgment interest at the lawful rate; and ?

(h)  Any further relief that this court deems just and proper, and any other relief as ?allowed by law. ?

Dated this 6th day of February 2017.

KILLMER, LANE & NEWMAN, LLP
s/ Andy McNulty

___________________________________
David A. Lane
?Andy McNulty?
Killmer, Lane & Newman, LLC
1543 Champa Street, Suite 400 Denver, Colorado 80202?
Attorneys for Plaintiff

2. Full text of Feb 6 motion for preliminary injunction:

Case 1:17-cv-00332 Document 2
Filed 02/06/17 USDC Colorado Page 1 of 23

Civil Action No.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

NAZLI MCDONNELL,
ERIC VERLO,

Plaintiffs, vs.

CITY AND COUNTY OF DENVER,
DENVER POLICE COMMANDER ANTONIO LOPEZ, in his individual and official capacity,
DENVER POLICE SERGEANT VIRGINIA QUINONES, in her individual and official capacity,

Defendants.

______________________________________________________________________________

MOTION FOR PRELIMINARY INJUNCTION

______________________________________________________________________________

Plaintiffs, by and through their attorneys David A. Lane and Andy McNulty of KILLMER, LANE & NEWMAN, LLP, hereby submit the following Motion for Preliminary Injunction, and in support thereof, states as follows:

1. Introduction

Over the last four days, many Americans have expressed public disapproval of President Donald Trump’s January 27, 2017, Executive Order, which permanently bans Syrian refugees from emigrating to the United States, temporarily bans nationals of seven countries (including permanent legal residents and visa-holders), and suspends all applications to the United States refugee program (even as to vetted entrants currently in transit). Plaintiffs are concerned and alarmed United States citizens who wish to join the growing chorus of voices expressing opposition to the Executive Order. To do so, they wish to stand in silent protest at the Jeppesen Terminal within Denver International Airport.

Plaintiffs did just this on January 29, 2017, standing in silent protest of the Executive Order outside of the secure Customs and Border Protection (hereinafter “CBP”) screening area within Jeppesen Terminal. Almost immediately, Plaintiffs were threatened with arrest by Denver Police Department Sergeant Virginia Quinones for standing silently and holding signs opposing the Executive Order, despite that fact that the Jeppesen Terminal has previously been used for expressive activity (and that protesters at more than ten major airports nationwide have protested peacefully without major disruption or legal restriction). While silently displaying their signs, Plaintiffs were in the plaza within the Jeppesen Terminal and positioned significantly behind the railing, which demarcates where those waiting for loved ones are permitted to stand, in the open plaza outside of the secure CBP screening area at the Jeppesen Terminal. Plaintiffs did not impede the right of way of any passengers hustling to catch flights at the last moment. They simply stood with placards showing their distaste for the Executive Order and the man who executed it.

Even though Plaintiffs were simply engaged in peaceful First Amendment protected expression, they were threatened with arrest. Sergeant Quinones informed Plaintiffs that, in order to stand silently with political signs, they would need a permit. Without a permit, Sergeant Quinones stated, all “First Amendment expression” at the Denver International Airport was banned.

This was not the first time since the enactment of the Executive Order that the Denver Police Department threatened individuals with arrest for engaging in First Amendment protected activity in Jeppesen Terminal. On January 28, 2016, a protest was held in the plaza of Jeppesen Terminal. During the protest, Denver Police Commander Antonio Lopez instructed multiple individuals, including State Representative Joseph Salazar and representatives from the ACLU of Colorado, that all “First Amendment expression” was banned at Denver International Airport without a permit. See Exhibit 1, January 28, 2017, Video 1; Exhibit 2, January 28, 2017, Video 2. The protesters had, in fact, applied for a permit earlier that day. However, it had not been granted because they had not done so seven days in advance of the protest in compliance with Denver International Airport regulations. Although no arrests were ultimately made, protesters were threatened numerous times by Commander Lopez, and other officers, with arrest.

The Denver International Airport regulation that both Sergeant Quinones and Commander Lopez relied upon in instructing Plaintiffs, and others, that Denver International Airport bans all “First Amendment expression” without a permit is DENVER INTERNATIONAL AIRPORT REGULATION 50 (hereinafter “Regulation 50”). Regulation 50 states that “no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” DENVER INTERNATIONAL AIRPORT REGULATION 50.03. In order to obtain a permit, an individual must “complete a permit application and submit it during regular business hours, at least seven (7) days prior to the commencement of the activity for which the permit is sought[.]” DENVER INTERNATIONAL AIRPORT REGULATION 50.04-1.

Plaintiffs wish to return to Denver International Airport to protest the Executive Order, but are reasonably frightened of arrest and, absent action by this Court, must choose between lawfully exercising their First Amendment right and being subject to arrest and/or prosecution.

Plaintiffs ask that this Court enter an injunction prohibiting their arrest for standing in peaceful protest within Jeppesen Terminal and invalidating Regulation 50 as violative of the First and Fourteenth Amendments to the United States Constitution.

2. Factual Background

All statements of fact set forth in the simultaneously filed Complaint are hereby incorporated into this Brief as though set forth fully herein.

3. Argument

3.1 The standard for issuance of a preliminary injunction.

When seeking a preliminary injunction, a plaintiff must establish that (1) he is likely to succeed on the merits; (2) he is likely to suffer irreparable harm; (3) the balance of equities tips in his favor; and (4) that an injunction is in the public interest. Winter v. Nat. Res. Def. Council, 555 U.S. 7, 20 (2008); see also ACLU v. Johnson, 194 F.3d 1149, 1155 (10th Cir. 1999).

The Tenth Circuit has modified the preliminary injunction test when the moving party demonstrates that the second, third, and fourth factors “tip strongly” in its favor. See Oklahoma ex rel. Okla. Tax Comm’n v. Int’l Registration Plan, Inc., 455 F.3d 1107, 1113 (10th Cir. 2006); see also 820 F.3d 1113, n.5 (10th Cir. 2016). “In such situations, the moving party may meet the requirement for showing success on the merits by showing that questions going to the merits are so serious, substantial, difficult, and doubtful as to make the issue ripe for litigation and deserving of more deliberate investigation.” Id. (internal quotation marks omitted). Moreover, this “fair chance of prevailing” test is appropriate in this case because Plaintiffs are challenging a policy, not a statue or ordinance. See Planned Parenthood Minn, N.D., & S.D. v. Rounds, 530 F.3d 724, 732 (9th Cir. 2008) (“[C]ourts should… apply the familiar ‘fair chance of prevailing’ test where a preliminary injunction is sought to enjoin something other than government action based on presumptively reasoned democratic processes.”).

Under either standard, Plaintiffs are able to demonstrate that the issuance of a preliminary injunction is appropriate in this matter.

3.3 Regulation 50 implicates Plaintiffs’ First Amendment rights. 1

When the government regulates the exercise of First Amendment rights, the burden is on the proponent of the restriction to establish its constitutionality. Phelps-Roper v. Koster, 713 F.3d 942, 949 (8th Cir. 2013). Moreover, when assessing the preliminary injunction factors in First Amendment cases, “the likelihood of success will often be the determinative factor.” Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114, 1145 (10th Cir. 2013). This is because “the loss of First Amendment freedoms, for even minimal periods of time, unquestionably, constitutes irreparable injury,” Heideman v. Salt Lake City, 348 F.3d 1182, 1190 (10th Cir. 2003), and it is invariably in the public interest to protect an individual’s First Amendment rights. See Homans v. City of Albuquerque, 264 F.3d 1240, 1244 (10th Cir. 2001) (noting that “the public interest is better served” by protecting First Amendment rights).

[NOTE 1. It is important to note that facial challenges to government policies and statutes, when based on First and Fourteenth Amendment grounds, are not disfavored. See United States v. Stevens, 559 U.S. 460, 473 (2010); City of Chicago v. Morales, 527 U.S. 41 (1999).]

3.4 Plaintiffs are likely to succeed on the merits.

Plaintiffs are likely to succeed on the merits because Regulation 50 violates the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth Amendment.

3.4(a) Plaintiffs engaged, and wish to engage, in speech on a matter of public concern.

Plaintiffs’ speech is at the core of the First Amendment’s protection because it deals with a matter of public concern. “Speech deals with matters of public concern when it can be fairly considered as relating to any matter of political, social, or other concern to the community, or when it is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public.” Snyder v. Phelps, 562 U.S. 443, 453 (2011) (internal quotation marks and citation omitted). “Speech on matters of public concern is at the heart of the First Amendment’s protection.” Id. at 451-52 (alterations and quotation marks omitted). “The First Amendment reflects ‘a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.’” Id. at 452 (quoting New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964)). Plaintiffs wish to engage in expression about President Donald Trump’s January 27, 2017, Executive Order, a topic that has generated nearly unprecedented debate and dissent. See Adrienne Mahsa Varkiani, Here’s Your List of All the Protests Happening Against the Muslim Ban, THINK PROGRESS (Jan. 28, 2017), https://thinkprogress.org/muslim-ban-protests-344f6e66022e#.ft1oznfv4 (compiling list of direct actions planned in response to President Trump’s January 27, 2017, Executive Order). Thus, Plaintiffs’ speech “‘occupies the highest rung of the hierarchy of First Amendment values, and is entitled to special protection.’” Snyder, 562 U.S. at 452 (quoting Connick v. Myers, 461 U.S. 138, 145 (1983)).

3.4(b) Regulation 50 acts as a prior restraint.

The restriction at issue in this matter is a prior restraint. “The term prior restraint is used ‘to describe administrative and judicial orders forbidding certain communications when issued in advance of the time that such communications are to occur.’” Alexander v. United States, 509 U.S. 544, 550 (1993) (quoting M. Nimmer, Nimmer on Freedom of Speech § 4.03, p. 4–14 (1984)). Regulation 50 is in an administrative order that forbids future communication and bases the ability to communicate in the future on the discretion of an administrative official. See DENVER INTERNATIONAL AIRPORT REGULATION 50.03 (“no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” (emphasis added)). It is a prior restraint.

The burden of proving a prior restraint is permissible is particularly steep. The Supreme Court has repeatedly held that “[a]ny system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.” Bantam Books, Inc. v. Sullivan, 372 U.S. 58, 70 (1963). For the reasons outlined infra, Defendants cannot meet this especially significant burden.

3.4(c) Jeppesen Terminal, outside of the passenger security zones, is a traditional public forum.

The Supreme Court has not definitively decided whether airport terminals, including Jeppesen Terminal, are public forums. In Lee v. International Society for Krishna Consciousness, Inc., 505 U.S. 830 (1992) (hereinafter “Lee I”), issued the same day as International Society for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672 (1992) (hereinafter “Lee II”), the Supreme Court struck down a total ban on distribution of literature in airports. In Lee I, the Court issued a one sentence per curiam opinion, which affirmed the Second Circuit for the reasons expressed by Justice O’Connor, Justice Kennedy, and Justice Souter in Lee II. See Lee I, 505 U.S. at 831. Justice Kennedy and Justice Souter’s opinions in Lee II found that “airport corridors and shopping areas outside of the passenger security zones… are public forums, and speech in those places is entitled to protection against all government regulation inconsistent with public forum principles.” Lee II, 505 U.S. at 693 (Kennedy, J., concurring in the judgment); but see Lee II, 505 U.S. at 683 (“”[W]e think that neither by tradition nor purpose can the terminals be described as satisfying the standards we have previously set out for identifying a public forum.”).

Therefore, Plaintiffs ask this Court to find the area of Jeppesen Terminal outside of the passenger security zones to be a public forum. The historical use of the Jeppesen Terminal’s plazas and other areas outside of the passenger security zones (including the area outside of the secure CBP screening area) for political speech (particularly, the history of welcoming of American military personnel home from service, discussion between passengers of matters of public concern, and display of clothing advocating for political views and ideals) indicates that it is a public forum. See First Unitarian Church of Salt Lake City v. Salt Lake City Corp., 308 F.3d 1114, 1130 (10th Cir. 2002) (“Where courts have considered the traditional use of publicly accessible property for speech, they have refused to attribute legal significance to an historical absence of speech activities where that non-speech history was created by the very restrictions at issue in the case.”). Further, that the Jeppesen Terminal is free and open to the public (outside of the passenger security zones), illustrates that it is a public forum. See, e.g., Ark. Educ. Television Comm’n v. Forbes, 523 U.S. 666, 676 (1998); Cornelius v. NAACP Legal Def. & Educ. Fund, 473 U.S. 788, 800, 805, 809 (1985). Finally, Jeppesen Terminal retains characteristics similar to parks: it has large plazas lined with benches, it is surrounded by businesses which are open to the public, and it has dedicated walkways, similar to sidewalks, indicating that it is a public forum. See e.g., Frisby v. Schultz, 487 U.S. 474, 480-481 (1988); United States v. Grace, 461 U.S. 171, 177 (1983). Further, the Supreme Court has not strictly limited the public forum category to streets, sidewalks, and parks. See, e.g., Se. Promotions, Ltd. v. Conrad, 420 U.S. 546 (1975) (finding leased municipal theater is a public forum); Heffron v. Int’l Society for Krishna Consciousness, Inc., 452 U.S. 640 (1981) (finding state fair is a public forum); Edwards v. South Carolina, 372 U.S. 229 (1963) (finding grounds of state capitol are a traditional public forum). Even if the City claims that it has never intended for Jeppesen Terminal to be a public forum, this is not dispositive. See Lee, 505 U.S. at 830 (government policy prohibiting distribution of literature at airport on property struck down); Cornelius, 473 U.S. at 805 (government’s decision to limit access is not itself dispositive). Plaintiffs’ ask that this Court find Jeppesen Terminal, outside of the passenger security zones, a traditional public forum.

Since Jeppesen Terminal is a traditional public forum, any restriction on Plaintiffs’ speech must be content-neutral and narrowly tailored to a compelling government interest. Regulation 50 fails at both.

3.4(d) Regulation 50 is content-based.

Regulation 50 is a content-based restriction of expression. Although the Supreme Court has long held that content-based restrictions elicit strict scrutiny, see, e.g., Carey v. Brown, 447 U.S. 455 (1980), lower courts diverged on the meaning of “content-based” until Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015). 2 Reed clarified that a restriction is content based simply if it draws distinctions “based on the message a speaker conveys.” 135 S. Ct. at 2227. Reed is clear that even “subtle” distinctions that define regulated expression “by its function or purpose . . . are distinctions based on the message a speaker conveys, and therefore, are subject to strict scrutiny.” Id. This accords with Texas v. Johnson, which held that “the emotive impact of speech on its audience is not a secondary effect unrelated to the content of the expression itself.” 491 U.S. 491 U.S. 297, 412 (1989) (internal quotations omitted).

[NOTE 2. Reed involved a municipal “sign code” that regulated signs differently based on the kind of message they conveyed (such as “ideological,” “political,” or “temporary directional”). 135 S. Ct. at 2224-25. The Court rejected the city’s argument that a law had to discriminate against certain viewpoints in order to be a content-based restriction. Id. at 2229.]

Regulation 50 is content-based on its face. It distinguishes between content and requires that an official determine the content of the speaker’s message when enforcing its proscriptions. Reed, 135 S. Ct. at 2227; see DENVER INTERNATIONAL AIRPORT REGULATION 50.03 (“No person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute[.]” (emphasis added)). The distinctions drawn by Regulation 50 make it a facially content-based restriction on expression that must elicit “the most exacting scrutiny.” Johnson, 491 U.S. at 412; Reed, 135 S. Ct. at 2227.

3.4(e) Regulation 50 is not narrowly tailored to serve a compelling government interest.

As a facially content-based restriction of expression at traditional public fora, Regulation 50 is presumptively unconstitutional unless Defendant “prove[s] that the restriction furthers a compelling interest and is narrowly tailored to achieve that interest.” Reed, 135 St. Ct. at 2231; accord Johnson, 491 U.S. at 412.

“A statute is narrowly tailored if it targets and eliminates no more than the exact source of the ‘evil’ it seeks to remedy.” Frisby v. Schultz, 487 U.S. 474, 485 (1988) (citation omitted). Regulation 50 reaches more speech than that which would impair the security of the airport or ensure that passengers are not unduly encumbered. In fact, it completely bans all “First Amendment expression.” “A complete ban can be narrowly tailored, but only if each activity within the proscription’s scope is an appropriately targeted evil.” Id.. Regulation 50 is not such a ban. For instance, Plaintiffs’ expression does nothing to jeopardize security at Denver International Airport or to inhibit the free flow of passengers through the airport.

Further, any argument that Plaintiffs can engage in expressive activity in another location lacks merit, as the Supreme Court has held that the First Amendment is violated when one specific location or audience, when important to the speaker, is foreclosed. See McCullen v. Coakley, 134 S. Ct. 2518, 2536 (2014); Schenck v. Pro-Choice Network, 519 U.S. 357, 377 (1997) (invalidating a “floating” buffer zone around people entering an abortion clinic partly on the ground that it prevented protestors “from communicating a message from a normal conversational distance or handing leaflets to people entering or leaving the clinics who are walking on the public sidewalks”); Schneider v. New Jersey, 308 U.S. 147, 163 (1939) (invalidating anti-handbilling ordinances even though “their operation is limited to streets and alleys and leaves persons free to distribute printed matter in other public places”). Regulation 50 lacks the narrow tailoring necessary to survive First Amendment strict scrutiny analysis.

3.4(f) Regulation 50 violates the First Amendment even if this Court determines Jeppesen Terminal is a nonpublic forum.

Regulation 50 bans all “First Amendment expression” absent a permit; it is unconstitutional even when analyzed under the lower standard of scrutiny applied by courts to First Amendment political speech in a nonpublic forum. In Board of Airport Commissioners of Los Angeles v. Jews for Jesus, Inc., 482 U.S. 569 (1987), the Supreme Court considered whether a resolution restricting free speech in the airport was constitutional. The resolution at issue stated that the airport “is not open for First Amendment activities by any individual and/or entity.” Id. at 574. Although the Court did not explicitly find that the airport was a nonpublic forum, it did hold that the resolution restricting speech in the airport was facially unreasonable, even if the airport was a nonpublic forum. Id. at 573. The Court noted that enforcing the resolution would prohibit “talking and reading, or the wearing of campaign buttons or symbolic clothing.” Id. at 574. The Court also noted, “[m]uch nondisruptive speech–such as the wearing of a T-shirt or button that contains a political message–may not be ‘airport related’ but is still protected speech even in a nonpublic forum.” Id. at 575 (citing Cohen v. California, 403 U.S. 15 (1971) (holding that wearing of jacket with offensive language in a courthouse was a form of nondisruptive expression that was protected by the First Amendment)). Thus, although specific conduct was not at issue in the Jews for Jesus decision, the Court nonetheless implicitly held that non-disruptive speech is protected by the First Amendment in nonpublic fora and that restrictions that encumber non-disruptive expression are unreasonable.

In Lee II, Justice O’Connor set forth the test for determining reasonableness in the context of nonpublic fora. 505 U.S. at 687 (O’Connor, J., concurring). 3 She stated, ”[t]he reasonableness of the Government’s restriction [on speech in a nonpublic forum] must be assessed in light of the purpose of the forum and all the surrounding circumstances.” Id. (O’Connor, J., concurring) (quoting Cornelius, 473 U.S. at 809). However, Justice O’Connor noted that while “[o]rdinarily . . . we have . . . been confronted with cases where the fora at issue were discrete, single-purpose facilities,” airports present a different analysis because they are multipurpose facilities. Id. at 688 (O’Connor, J., concurring) (citations omitted). She determined airports to be multipurpose facilities because

the Port Authority [has] chosen not to limit access to the airports under its control, [and] has created a huge complex open to travelers and nontravelers alike. The airports house restaurants, cafeterias, snack bars, coffee shops, cocktail lounges, post offices, banks, telegraph offices, clothing shops, drug stores, food stores, nurseries, barber shops, currency exchanges, art exhibits, commercial advertising displays, bookstores, newsstands, dental offices and private clubs.

Id. This led to the finding that “[t]he reasonableness inquiry, therefore, is not whether the restrictions on speech are consistent with preserving the property for air travel, but whether they are reasonably related to maintaining the multipurpose environment that the Port Authority has deliberately created.” Id. at 689. A complete ban on First Amendment activity at the Jeppesen Terminal, absent a permit that must be obtained by providing seven days advance notice, is not a reasonable restriction. Regulation 50 does not comport with Justice O’Connor’s conclusion that airports are more than simply places where air travel occurs.

[NOTE 3. It is important to note that Lee involved a plurality opinion, joined by Justice O’Connor. Therefore, Justice O’Connor’s concurrence is the “narrowest grounds” that justify the Court’s result and her concurrence holds substantial precedential weight.]

Moreover, Justice O’Connor distinguished between solicitations (which the Supreme Court found could be reasonably restricted) and distributing leaflets (which the Supreme Court found could not be reasonably restricted) in the airport:

[L]eafleting does not entail the same kinds of problems presented by face-to-face solicitation. Specifically, “one need not ponder the contents of a leaflet or pamphlet in order mechanically to take it out of someone’s hand . . . . The distribution of literature does not require that the recipient stop in order to receive the message the speaker wishes to convey; instead the recipient is free to read the message at a later time.”

Id. at 690 (quoting United States v. Kokinda, 497 U.S. 720, 734 (1990)).

Thus, the Court held in Lee II that prohibiting solicitation in a nonpublic forum is not unreasonable, but that prohibiting the distribution of leaflets and other literature at a nonpublic forum is unreasonable. See also Lee, 505 U.S. at 830 (decided the same day as Lee II and striking down a prohibition on the distribution of leaflets and other literature at La Guardia, John F. Kennedy, and Newark International airports) (per curiam). Circuit courts have also recognized the inherent right to distribute paper and other information in nonpublic fora. Following Lee I and Lee II, two circuit courts have held that airports, as nonpublic fora, could not preclude newspaper publishers from placing newsracks in airport terminals. See Jacobsen v. City of Rapid City, South Dakota, 128 F.3d 660 (8th Cir. 1997); Multimedia Publishing Co. of South Carolina, Inc. v. Greenville-Spartanburg Airport Dist., 991 F.2d 154 (4th Cir. 1993). To the extent that the airports were concerned about safety or the impediment of traffic flow, the courts held that the airport may impose reasonable restrictions, but they could not enforce an outright ban on the newspaper racks. See Jacobsen, 128 F.3d at 660; Multimedia Publishing Co. of South Carolina, Inc., 991 F.2d at 154.

Denver, through Regulation 50, has banned all “First Amendment expression” including leafleting and protests. In fact, Plaintiffs expression is arguably less intrusive and disruptive to air travel than the form of expression, namely leafletting, that the Court held could not be reasonably restricted in the areas of an airport that precede the security screening area. It is clear from Lee I, Lee II, and Jews for Jesus that Denver cannot ban all “First Amendment expression” at the Jeppesen Terminal.

3.4(f)(1) Independently, the viewpoint-based prohibition of Plaintiffs’ speech, based on Regulation 50, violates the First Amendment.

Even if Jeppesen Terminal is a nonpublic forum, “this does not mean the government has unbridled control over speech, . . . for it is axiomatic that ‘the First Amendment forbids the government to regulate speech in ways that favor some viewpoints or ideas at the expense of others.” Summum v. Callaghan, 130 F.3d 906, 916 (10th Cir. 1997) (quoting Lamb’s Chapel v. Center Moriches Union Free School Dist., 508 U.S. 384, 394, (1993)). “Restrictions on speech in nonpublic fora must be viewpoint neutral[.]” Warren v. Fairfax Cty., 196 F.3d 186, 193 (4th Cir. 1999) (citing Cornelius, 473 at 809). Defendants’ restriction of Plaintiffs’ speech, under the guise of Regulation 50, discriminates on the basis of viewpoint. Individuals walk through Denver International Airport with political messages and slogans on their shirts and luggage and discuss politics on a daily basis. Counsel for Plaintiffs has worn political shirts while traveling through Denver International Airport and discussed modern politics with fellow passengers on many occasions. However, no other individual, to Plaintiffs or Plaintiffs’ counsel’s knowledge, has been threatened with arrest for engaging in this political speech. Nor has any individual been arrested for displaying pro-President Trump messages, for example a red hat that reads “Make America Great Again.” Only Plaintiffs’ expressive activity against the President’s Executive Order, and others advocating similarly, has been threatened with arrest. Regulation 50 is being enforced as a clearly view-point based restriction. Defendants’ application of Regulation 50 to Plaintiffs speech is view-point based and violates the First Amendment.

3.4(g) The seven day advance notice requirement for obtaining a permit is not a reasonable restriction.

Notice periods restrict spontaneous free expression and assembly rights safeguarded in the First Amendment. Plaintiffs, like many others throughout history, wish to engage in First Amendment expression in quick response to topical events. While even in such time-sensitive situations, a municipality may require some short period of advance notice so as to allow it time to take measures to provide for necessary traffic control and other aspects of public safety, the period can be no longer than necessary to meet the City’s urgent and essential needs of this type. See American-Arab Anti-Discrimination Comm. v. City of Dearborn, 418 F.3d 600, 605 (6th Cir. 2005) (“Any notice period is a substantial inhibition on speech.”).

Advance notice requirements that have been upheld by courts have most generally been less than a week. See, e.g., A Quaker Action Group v. Morton, 516 F.2d 717, 735 (D.C. Cir. 1975) (two-day advance notice requirement is reasonable for use of National Park areas in District of Columbia for public gatherings); Powe v. Miles, 407 F.2d 73, 84 (2d Cir. 1968) (two-day advance notice requirement for parade is reasonable); Progressive Labor Party v. Lloyd, 487 F. Supp. 1054, 1059 (D. Mass. 1980) (three-day advance filing requirement for parade permit approved in context of broader challenge); Jackson v. Dobbs, 329 F. Supp. 287, 292 (N.D. Ga. 1970) (marchers must obtain permit by 4 p.m. on day before the march), aff’d, 442 F.2d 928 (5th Cir. 1971). Lengthy advance filing requirements for parade permits, such as the seven day advance notice requirement imposed by Regulation 50, have been struck down as violating the First Amendment. See American-Arab Anti-Discrimination Comm., 418 F.3d at 605-07 (holding that provision requiring thirty days’ notice is overbroad and is not saved by an unwritten policy of waiving the provision); NAACP, W. Region v. City of Richmond, 743 F.2d 1346, 1357 (9th Cir. 1984) (“[A]ll available precedent suggests that a 20-day advance notice requirement is overbroad.”). Even an advance filing requirement of five days has been held too long to comport with the First Amendment. See Douglas v. Brownell, 88 F.3d 1511, 1523-24 (8th Cir. 1996) (city’s asserted goals of protecting pedestrian and vehicular traffic and minimizing inconvenience to the public does not justify five-day advance filing requirement for any parade, defined as ten or more persons).

It is clear that, in the case at bar, a permit requirement of seven days advance notice is not a reasonable restriction of Plaintiffs’ First Amendment rights. Plaintiffs wish to engage in timely, direct action against, what they perceive as, a tyrannical and unconstitutional exercise of the executive power. If Plaintiffs were to have applied for a permit at the exact moment President Trump signed the Executive Order, they would still have been prevented from engaging in First Amendment activity on January 29, 2017. In direct action, like in most things, timing is everything. As evidenced by myriad protests that occurred across the nation’s airports, which were accompanied by no violence or destruction of property and did not otherwise jeopardize security, accommodation of protest at the Jeppesen Terminal is reasonable. Such a lengthy approval period, with no exceptions for spontaneous, peaceful protests, violates the First Amendment. See Church of the American Knights of the Ku Klux Klan v. City of Gary, 334 F.3d 676, 682 (7th Cir. 2003) (noting that “the length of the required period of advance notice is critical to its reasonableness; and given … that political demonstrations are often engendered by topical events, a very long period of advance notice with no exception for spontaneous demonstrations unreasonably limits free speech” (emphasis added)).

3.4(h) Regulation 50 is overbroad in violation of the First Amendment.

“[A] law may be invalidated as overbroad if ‘a substantial number of its applications are unconstitutional, judged in relation to the [ordinance]’s plainly legitimate sweep.’” United States v. Stevens, 559 U.S. 460, 473 (2010) (quoting Wash. State Grange v. Wash. State Republican Party, 552 U.S. 442, 449 n.6 (2008)). An overbroad statute may be challenged on its face even though a more narrowly drawn statute would be valid as applied to the party in the case before it. City Council of L.A. v. Taxpayers for Vincent, 466 U.S. 789, 798 (1984) (“[B]roadly written statutes may have such a deterrent effect on free expression that they should be subject to challenge even by a party whose own conduct may be unprotected.”). The Supreme Court “has repeatedly held that a government purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms.” NAACP v. Alabama ex rel. Flowers, 377 U.S. 288, 307 (1964); see also Grayned v. City of Rockford, 408 U.S. 109, 114-15 (1972) (“The crucial question, then, is whether the ordinance sweeps within its prohibitions what may not be punished under the First and Fourteenth Amendments.”). Courts have “provided this expansive remedy out of concern that the threat of enforcement of an overbroad law may deter or ‘chill’ constitutionally protected speech—especially when the overbroad statute imposes criminal sanctions.” Virginia v. Hicks, 539 U.S. 113, 119 (2003).

Determining whether a law is substantially overbroad requires a two-step analysis. First, a court must “construe the challenged [law]; it is impossible to determine whether a [law] reaches too far without first knowing what the [law] covers.” United States v. Williams, 553 U.S. 285, 293 (2008). Second, based on the first step, a court must determine whether the law “criminalizes a substantial amount of protected expressive activity.” Id. at 297.

Regulation 50 provides that “no person or organization shall leaflet, conduct surveys, display signs, gather signatures, solicit funds, or engage in other speech related activity at Denver International Airport for religious, charitable, or political purposes, or in connection with a labor dispute, except pursuant to, and in compliance with, a permit for such activity issued by the CEO or his or her designee.” Those tasked with enforcing Regulation 50, have stated that it bans all “First Amendment expression.” See Exhibit 1, January 28, 2017, Video 1; Exhibit 2, January 28, 2017, Video 2.

A complete prohibition on First Amendment expression and related activity proscripts a substantial amount of protected expressive activity. See Jews for Jesus, 482 U.S. at 569; Lee, 505 U.S. at 830. It prohibits face-to-face conversations and wearing clothing intended to convey a message, along with leafleting and other traditional First Amendment activity, all of which protected expression. Regulation 50’s overbreadth is stark and violates the guarantees of the First Amendment.

3.4(i) Regulation 50 is unconstitutionally vague.

“A fundamental principle in our legal system is that laws which regulate persons or entities must give fair notice of conduct that is forbidden or required.” F.C.C. v. Fox Television Stations, Inc., 132 S. Ct. 2307, 2317 (2012). “A law’s failure to provide fair notice of what constitutes a violation is a special concern where laws ‘abut[ ] upon sensitive areas of basic First Amendment freedoms’ because it ‘inhibit[s] the exercise’ of freedom of expression and ‘inevitably lead[s] citizens to steer far wider of the unlawful zone … than if the boundaries of the forbidden areas were clearly marked.’” Stahl v. City of St. Louis, 687 F.3d 1038, 1041 (8th Cir. 2012) (quoting Grayned, 408 U.S. at 109). For this reason, a stringent vagueness test applies to a law that interferes with the right of free speech. Vill. of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 499 (1982). “Where a statute’s literal scope, unaided by a narrowing state court interpretation, is capable of reaching expression sheltered by the First Amendment, the doctrine demands a greater degree of specificity than in other contexts.” Smith v. Goguen, 415 U.S. 566, 573 (1974).

Regulation 50 is vague, and therefore unconstitutional, for two separate reasons. First, Regulation 50 fails “to provide the kind of notice that will enable ordinary people to understand what conduct it prohibits.” City of Chicago v. Morales, 527 U.S. 41, 56 (1999). A law is unconstitutionally vague where it “does not provide people with fair notice of when their actions are likely to become unlawful.” Stahl, 687 F.3d at 1041. Because violators of Regulation 50 are subject to criminal sanction, the strictest vagueness test applies. See Reno v. ACLU, 521 U.S. 844, 872 (1997) (recognizing criminal sanctions might “cause speakers to remain silent rather than communicate even arguably unlawful words, ideas, and images” which, together with the “‘risk of discriminatory enforcement’ of vague regulations, poses greater First Amendment concerns than those implicated by [a] civil regulation[.]”). Whether expressive activity will be deemed “First Amendment expression” in the Jeppesen Terminal is not predictable. Plaintiffs have reasonably refrained from protected speech for fear that someone might consider their expression to be in violation of the regulation. However, officials have failed to enforce the regulation against many others who are seemingly in violation, including those discussing politics with other passengers, wearing clothing meant to make some social or political statement, limo drivers soliciting passengers, and those welcoming home military veterans. Although there might be times when a speaker knows, or should know, that certain speech will violate the statute, in many situations such an effect is difficult or impossible to predict. See Stahl, 687 F.3d at 1041 (finding vagueness because even “[t]hough there are certainly times when a speaker knows or should know that certain speech or activities likely will cause a traffic problem, in many situations such an effect is difficult or impossible to predict.”). Regulation 50 fails to give fair notice and therefore violates the mandates of the Fourteenth Amendment.

Regulation 50 is also unconstitutionally broad because it “authorize[s] and even encourage[s] arbitrary and discriminatory enforcement.” Morales, 527 U.S. at 56. Regulation 50’s terms allow law enforcement officials wide discretion to decide whether any given speech is prohibited and arrest the speaker. “Such a statute does not provide for government by clearly defined laws, but rather for government by the moment-to-moment opinions of a policeman on his beat.” Cox v. Louisiana, 379 U.S. 536, 579 (1965); see Norton v. Discipline Comm. of E. Tenn. State Univ., 399 U.S. 906, 909 (1970) (“Officials of public universities . . . are no more free than policemen or prosecutors to punish speech because it is rude or disrespectful, or because it causes in them vague apprehensions, or because for any other reason they do not like its content.”).

Officers have been observed enforcing Regulation 50 against those protesting President Trump’s Executive Order, but not against those wearing other political shirts or buttons. Officers have not enforced the regulation against other political expression, including those standing in support of military veterans returning home from combat. Seemingly, the only ones who have been subject to this regulation are those who are specifically speaking against President Trump’s Executive Order. “The most meaningful aspect of the vagueness doctrine is . . . the requirement that a legislature establish minimal guidelines to govern law enforcement.” Smith, 415 U.S. at 574. Because the terms allow a police officer leeway to determine that expressive conduct is lawful, or not, they are vague. Regulation 50 permits “a standardless sweep [that] allows policemen, prosecutors, and juries to pursue their personal predilections.” Kolender v. Lawson, 461 U.S. 352, 358 (1983) (internal citations omitted). It is unconstitutional.

3.5 Absent an injunction, Plaintiffs will suffer irreparable harm.

“The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373 (1976); see also Verlo v. Martinez, 820 F.3d 1113, 1127 (10th Cir. 2016); Awad v. Ziriax, 670 F.3d 1111, 1131 (10th Cir. 2012) (“[W]hen an alleged constitutional right is involved, most courts hold that no further showing of irreparable injury is necessary.”); Verlo v. Martinez, 820 F.3d 1113, 1127 (10th Cir. 2016).

Moreover, Plaintiffs’ expression is a time-sensitive response to a nearly unprecedented action by our federal government. But see C. Norwood, A Twitter Tribute to Holocaust Victims, THE ATLANTIC (January 27, 2017), https://www.theatlantic.com/politics/archive/2017/01/jewish-refugees-in-the-us/514742/ (describing the rebuff of refugees fleeing Nazi Germany in 1939, many of whom would be murdered during the Holocaust); Korematsu v. United States, 323 U.S. 214 (1944). Delaying Plaintiffs’ protest, and discouraging Plaintiffs and others from demonstrating, detracts from its importance and provides a false appearance that Denver is not like other cities of all sizes across the country that have mustered sizeable protests at their airports. Denver has held itself out as a “sanctuary city.” Jon Murray, Mayor Hancock says he welcomes “sanctuary city” title if it means Denver supports immigrants and refugees, The DENVER POST (January 30, 2017), http://www.denverpost.com/2017/01/30/mayor-hancock-welcomes-sanctuary-city-title-denver-supports-immigrants-refugees/. For Colorado’s citizens to seemingly show lackluster support in this time of trial would not only irreparable harm Plaintiffs, and others, but it would go against the public interest.

3.6 The balance of the equities weighs in favor of granting a preliminary injunction.

“The balance of equities… generally favors the constitutionally-protected freedom of expression.” Phelps-Roper v. Nixon, 545 F.3d 685, 690 (8th Cir. 2008) overruled on other grounds by Phelps-Roper v. City of Manchester, Mo., 697 F.3d 678 (8th Cir. 2012). Courts have consistently held that when First Amendment freedoms are threatened, the balance of the equities weighs in the Plaintiffs’ favor. See Verlo, 820 F.3d at 1127; Awad, 670 F.3d at 1132. There is no harm to Defendant, who has no significant interest in the enforcement of Regulation 50 since it is likely unconstitutional.

3.7 A preliminary injunction is in the public interest.

“[I]t is always in the public interest to prevent the violation of a party’s constitutional rights.” Awad, 670 F.3d at 1133 (internal quotation marks omitted); accord Verlo, 820 F.3d at 1127; Pac. Frontier v. Pleasant Grove City, 414 F.3d 1221, 1237 (10th Cir. 2005) (“Vindicating First Amendment freedoms is clearly in the public interest.”); Cate v. Oldham, 707 F.2d 1176, 1190 (10th Cir. 1983) (noting “[t]he strong public interest in protecting First Amendment values”).

4. Conclusion

For the reasons stated, Plaintiffs respectfully request that this Court grant their Motion for a Preliminary Injunction, enjoin enforcement of Regulation 50, and prohibit Defendants from arresting Plaintiffs and all others similarly situated when they engage in First Amendment protected activity within Jeppesen Terminal.

Dated this 6th day of February, 2017

KILLMER, LANE & NEWMAN, LLP
s/ Andy McNulty
__________________________

David Lane
Andy McNulty
1543 Champa Street, Suite 400 Denver, CO 80202
Counsel for Plaintiffs

Should the London Olympics remember the 1972 Munich Holocaust? Do you?

America can’t memorialize the 1972 Munich hostage killings, because that act of terrorism was not unlike our own airstrikes or special ops raids, against purported enemy combatants, off the field of combat, except we don’t even try to kidnap them alive.
 
Of course the Israeli Olympic wrestlers and weightlifters killed in Munich in 1972 should be memorialized. But to call the deaths a massacre pretends the German police meant their ambush to kill everyone.* What happened at the 1972 Olympics is being recalled as the “Munich Massacre” but even the propagandists tweaking the Wikipedia entry don’t have the temerity to doff the disclaimer that “massacre” is the informal name. Shall we recall what happened? On September 5, 1972, PLO terrorists infiltrated the Olympic village and tried to kidnap Israeli hostages to exchange for 234 Palestinians held by Israel. Two Israelis fought back and were killed. Next the eight gunman and their nine captives were led into an ambush at a military airfield. After a 1 & 1/2 hour gun battle on the tarmac, trapped under the helicopters by police snipers, the PLO killed four of their captives. A police investigation revealed the remaining five captives may have died in sniper crossfire. This detail is disputed, but a secret financial settlement was sought and reached with German authorities. So, was Munich a massacre or a botched hostage rescue? Do words matter? The Mossad’s retaliatory murder of an innocent Moroccan waiter in Norway, mistaken for the Munich mastermind, is trivialized as the Lillehammer Affair.

Proponents want an Olympic tribute to the Munich Massacre “so that it never happens again.” Boy does that ever have a familiar ring to it. Look out for an Elie Wieselish re-tailoring of the original narrative, Steven Spielberg’s Munich being only a recent example of a myth-makeover remembrance.

To begin with, the PLO kidnappers were a faction of the PLO called the Black September Brigade, named after the Black September purge of the PLO from Jordan. This ouster, aided by the US and fought by Syria, was initiated by Israel’s attack on the village of Karameh, in which the PLO suffered 200 killed, to the IDF’s 28. Not a massacre because 150 PLO fighters were taken captive. Wikistorians taking liberties with translation are calling the PLO group “Black September”, with the effect of obfuscating the event which preceded the Munich operation.

The Munich raid to seize hostages was actually named “Operation Iqrit and Kafr Bir’im” after the Christian villages of Kafr Bir’im and Iqrit, ethnically cleansed by Israel in 1948. Villagers were granted right of return by Israel’s supreme court, but overruled by the military. An attempt to return had been repulsed by police as recently as August 1972, as the Olympics began.

Next, the identity of the Israeli athletes is always left incomplete. With the exception of the 18 year old Russian immigrant, all the Israeli hostages were IDF soldiers who’d participated in military acts against Palestine, Egypt, lebanon, Jordan, or Syria, and so are not exactly the innocent civilians of current retellings.

Who killed the Israeli captives during the gun battle with German police? An immediate investigation found that sniper fire may have hit the captives, as it had also severely wounded a fellow policeman. A cover-up long obscured the official reports. While this could be pretended to protect the German participants, it also kept the blame on the PLO gunmen, which would have been critical to justify Israel’s “eye for an eye” revenge killings.

Did the gunman strafe their hostages with bullets upon seeing the arrival of the police armored reinforcements? The only witness accounts come from the German authorities. We might accept that the lead PLO gunman lobbed a grenade into the first helicopter with the intention of killing the four hostages it contained, if they were still alive. An autopsy revealing that one of the Israelis died from the flames is used the emphasize that the grenade, and thus a PLO terrorist, certainly killed him.

Though the German police admitted potential culpability for the deaths of the five hostages in the second helicopter, a later analysis put convenient blame on a particular gunman, one of them ones captured and who eventually escaped justice by being released. Certainly this narrative would be critical if Israel hoped for popular support for their effort to hunt the gunman down.

Many of Israel’s revenge killings involved car bombs which risked collateral deaths and injuries. Assassinating the “mastermind” killed eight others, including a nun, and injured 18 more.

Whether the PLO gunmen killed the Israelis or not, even the operation’s planners can’t be said to have intended it. No one masterminded a massacre.

Of the PLO participants in Munich, five gunman were killed, and three were captured. Those three were released weeks later to meet the demands of a subsequent hijacking. Israel’s Mossad boasted of having tracked them down and assassinated them shortly thereafter. But accounts vary, and one of them was interviewed decades later for a documentary. What’s known is that Israel implemented an “eye for an eye” operation that over 20 years hunted and killed 20-35 Palestinian targets. They weren’t sought out to take hostage but to murder, and most of them were unconnected to the Black September Brigade. The Mossad long-arm-of-the-law theme was less about revenge than deterrence, because anyone who might have masterminded or abetted the Munich plot was planning a kidnapping not a murder.

If a massacre is measured by an imbalance of casualties, let’s look at the numbers. After 11 Israelis were murdered, Israel retaliatory airstrikes killed 200 in Syria and Lebanon, an IDF raid killed up to 100 in Lebanon, and the Mossad targeted up to 35 in subsequent assassinations. Here’s an accounting:

Sept 5-6, 1972
11 Israeli athletes, coaches former IDF
(2 killed by BSB in initial break-in, 9 killed during the ambush rescue attempt, possibly by crossfire)
1 German police
5 PLO gunmen

Sept 8, 1972
IAF retaliatory airstrikes on PLO bases in Syria and Lebanon.
200 Palestinians killed, including women and children

IDF Operation “SPRING OF YOUTH” raid on Lebanon, April 1973
3 PLO suspected planners
12-100 PLO members
1 PLO wife
1 Italian woman
2 Lebanese policemen
Unknown number of Lebanese civilians

Mossad Operation “WRATH OF GOD”, (20-35 targets over 20 years)
PLO translator of disputed BSB involvement, Oct 1972
PLO senior official, December 1972
Palestinian activist “expertly” pushed under bus, London, 1972
Jordanian Fatah rep, January 1973
Law professor at Am Univ of Beirut, April, 1973
Replacement for Fatah rep, Athens, April 1973
(2 BSB minor members injured, Rome, April 1973)
PLO director of operations for BSB, June 1973
Moroccan waiter, mistaken identity, Norway, July 1973
3 Arab-looking men, Switzerland, January 1974
Arab security guard, Spain, August 1974
PLO rep, blamed on the Abu Nidal Org, London, January 1978
2 PLO reps, Paris, August 1978 (3 injured)
PLO suspected “mastermind”, car-bomb, January 1979, also killed:
4 Bodyguards
1 British student
1 German nun
2 Lebanese passersby (also 18 injured)
PLO military head, Cannes, July 1979
2 Palestinians, December, 1979
PLO rep, Brussels, June 1981
2 PLO senior figures, car bomb, Rome, June 1982
PLO senior official, car bomb, Paris, July 1982
PLO senior official, drive-by, Athens, August 1983
PLO Secretary-General, drive-by, Athens, June 1986
PLO official, car bomb, Athens, October 1986
2 Palestinians, car bomb, Cyprus, February 1988 (1 other wounded)
PLO suspected head of intelligence, June 1992

What’s that? The ratio is 11 to 335 and the Israelis want to call it a massacre? If you count the Palestinians killed in the initial Black September attack on the PLO in Jordan, the comparison becomes irrelevant.

But the Munich ratio is nothing compared to the 1,500 Gazans killed in Operation Cast Lead. Now there’s a massacre.

*ON THE OTHER HAND. The botched hostage rescue in Munich might very well have been a massacre. Do we really want to go there? The German snipers who initiated the gun battle at Furstenfeldbruck Airbase may really have behaved with a total disregard to the fate of the Israeli hostages. With the antisemitism that prevailed in Europe, and still prevails there among the working classes, it’s very likely the policemen looked at the gunmen and their captives with equal scorn. If the bound Israelis weren’t hit in the crossfire, it could certainly be held that the sniper attack provoked their killing. The coverup and subsequent private financial settlement reached between Germany and the Israeli survivors suggests a culpability of the like. In that respect, if European Jews look back at Munich 1972 and say it was a massacre, I believe them.

Never Forget 9/11, much less decode it

Never Forget 9-11 illustrating airliner flying from Pentagon to Twin TowersNever Forget What? The Alamo? The Maine? The Lusitania? Pearl Harbor? Every example of a tragedy our government exploits has turned out to be a fraud. Interesting company then for Nine Eleven… Although the traditional syntax is “Remember the–“. Usually “Never Forget” has been proprietary to Holocaust remembrance. Curious they’d want to dilute the tag line for a mere few thousand WTC victims. It makes me sick at heart. The event was seared into our memories, television broadcast at half mast for days afterward the better to sober the public to a terrorist attack’s ramifications. So WHY must we Never Forget? Revenge? Of course it’s shorthand for “Never Forget, Never Forgive.” You want an eye for an eye? How about vigilance? To prevent an alleged 9/11, we might be best to NEVER FORGET what got us here, brutal imperialist abuse heaped on the rest of the world. That’s the perspective it would be good to remember. Never forget Bhopal. Fallujah. Abu Ghraib, Gaza and Cast Lead. “Never Forget 9/11” is one of the first slogans trotted out at anti-Palestinian rallies. Curiouser and curiouser. So I’ve got more ships for you: Never forget the USS Liberty, or the Mavi Marmara.
 
As to 9/11, never forget that you haven’t been let to get to the bottom of it. But you don’t have to tell people not to forget something they know. “Never Forget” is for propagandists worried their brainwash is leaking.

First they came for the Communists, but we don’t like Communists…

First they came for the Communists,?
and I didn’t speak out because I wasn’t a Communist.
Then they came for the Trade Unionists,
?and I didn’t speak out because I wasn’t a Trade Unionist.
Then they came for the Jews,?
and I didn’t speak out because I wasn’t a Jew.
Then they came for me?
and there was no one left to speak out for me.
 
These famous words float an admonition, but isn’t it more likely an adage? They describe the passivity which permitted Hitler’s abuses, but could apply to the ordinary manifestation of totalitarianism. Has human nature yet learned except in hindsight? First they came for the Communists, but we all spoke out, the end. That’s because the big lie is “they.” Try substituting “we” and you see the tsunamic inevitability of mob ethnocentrism. First we came for the Communists, Trade Unionists, and Jews, then him, then her, pure fun until it was me. Oops.

This quote, spoken by German priest Martin Niemoll, features prominently in the US Holocaust Museum in Washington DC. When I saw it I made a note to look up what seemed a strange discrepancy. Curiously in their version, the first group to be targeted are Socialists, not Communists. I say curiously, because I wouldn’t bring it up if I didn’t think the distinction was very unfortunate.

There are several variations of this “poem” because Niemoll repeated it in many sermons and never wrote it down. Asked about it through the years, sometimes he included Jehovah’s Witnesses and gays, and omitted others. Never, however, did he fail to mention Communists, and never were they not the first.

Does it make a difference? If you consider that Communists are the beasts of burden for Socialism, yes. If there’s a boogieman of Capitalism, it’s not the straw man Socialist, it’s the grassroots, proletariat Communist. Socialists are the intellectuals. The far less palatable working class are the Communists. How unfortunate to scrub Niemoll’s warning of its authentic historical detail. The Nazis first came for the Communists.

Bed bugs have made a comeback in the lives of the American poor, lending an uncomfortable new relevance to a folk bedtime salutation. Imagine if we said “Goodnight, don’t let the butterflies bite.” That carries no folk wisdom whatever.

And so how perverse that a traditionally maligned group such as the Jews, firmly ensconcing themselves on Niemoll’s list, decide another unpopular group needn’t the same protection. Doesn’t it defeat the very threat the old priest wanted us to think about? Yes, each group is meant to represent people in general, universality. But it doesn’t work to say bunnies, or amiable characteristics, because then the prospect doesn’t make sense, our youngsters are made vigilant facing a direction from which an attack never comes.

If the exclusion of Communists was a concession to the perennial Red Scare climate of the US capitol, it sadly confirms why Martin Niemoll’s warning won’t find purchase. Even in a Holocaust Museum dedicated to “never again” coming after people based on their social group, some don’t care about looking out for the most vulnerable.

Imagine Niemoll’s dictum as paraphrased for the Hindu castes. Imagine the Brahmins reciting it, leaving off the untouchables.

Navy Seals Death Squids

It does seem unfair to conclude, after the US special forces operation to hunt and kill Osama bin Laden, that all Navy SEAL teams are death squads, but is it a logical fallacy? No one is now pretending there was any other objective but to kill the al-Qaeda leader and everyone who stood in our path, preferably unarmed. Now the latest revelation is that a duplicate assault team was kept at the ready. That’s how many executioners ready? The question becomes, are all Navy Seals trained to kill in cold blood? The answer could lay with the instructors at Fort Benning, the notorious “School of the Americas” where it used to be understood the death squads of South American dictators learned their trade, although now torture is taught at military camps and private contractor schools literally coast to coast, so isn’t that the problem? Torture being among other unsavory practices we say we do not do, while simultaneously forbidding revelations to come from Wikileaks.

When the Germans set their minds to liquidate civilians as their Operation Barbarossa drove toward Russia, they dedicated “special forces” called the “Einsatzgruppen” to do the deed. One because the task detracted from the forward advance, and two, because executing unarmed civilians proved a demoralizing task for the ordinary soldier. On the other hand, gathering noncombatants and shooting them in the back of the head didn’t require combat skills either, so the Einsatzgruppen were recruited from the police force of German cities like Hamburg, where the principle skill was exerting authority and pulling the trigger where others might flinch.

The Einsatzgruppen present vexing evidence for Holocaust deniers. Skeptics can point to inconsistencies about the function of gas chambers in the concentration camps, to suggest that the Nazis might have managed to work their prison laborers to death, but never intended to exterminate them. That argument fails when considering the role of the Einsatzgruppen, to hunt down Jewish civilians, take them to where no one is looking and shoot them. Prisoners of war, yes, and Slavs too, but by primary directive, the Jews.

When partisan acts of sabotage necessitated disciplinary retribution, the Germans had other squads to raze entire villages, these soldiers were chosen from the military brig or from convicts offered a military probation from civilian prison.

In either case the German Wehrmacht chose to match the criminal mindset to the crime. Though overwhelming in its savagery, WWII predated the “Free Fire Zone” where civilians are pretended to be adversaries and/or dismissed as collateral damage.

That’s not to say that today’s soldiers are all bad, many of them I’m sure are earnest peacekeepers determined to win hearts to Pax Americana. I’m sure your average Navy SEAL has rescued his share of kittens from trees.

So which is it, do the Navy SEALs train every member not to shy from shooting defenseless people at point-blank range, or are there designated specialists? Are those chosen based on excellence of performance, as the PR has it, or from among the sailors with disciplinary troubles? Because it’s looking like the bin Laden raid was not out of the ordinary, and no one’s defending it as such.

Bin Laden’s assassination offered a curious ray of hope for me when President Obama’s mission accomplished message was “justice has been served.” Might I dream that bankers and the world’s biggest criminals could feel a draft of discomfort at the idea that no one is untouchable, and the Commander in Chief’s idea of serving justice means a hail of bullets to whomever’s home he chooses.

Don’t worry, there are unspecial forces enough to go around. When Wikileaks released the video of unarmed Iraqis being gunned down by relentless, trigger-giddy helicopter crews, most soldiers acknowledged that such events were commonplace. In the US military, you don’t even have to be a specially rated soldier to rank as Einsatzgruppen.

In my 20-year experience with local policemen, owning two retail stores, soliciting their help with shoplifters, vandals, and whatever disturbances, I can honestly report that all were professional, competent, and very pleasant. That’s 100% of them, very nice people. I can also say that in my experiences protesting, those police-persons who arrested me were unwavering bastards. Also 100%. Not in any particular case the same officers, but statistically, if you compare the two absolute groups, they’re the same people.

Film: Maafa 21, Black Genocide in 21st Century America, a white anti-abortion shockumentary of execrable mendacity

Martin Luther King Jr. was an advocate of birth control, it remains a key tool to escape poverty, but that didn’t stop organizers of MLK tribute festivities at Colorado College from ending today’s program with a screening of MAAFA 21: Black Genocide in 21st Century America, a completely contrived shockumentary attempting to incite African American anger toward reproductive rights activists. Both UCCS and Colorado College fell for the propaganda, even though the pseudo-documentary by Life Dynamics Incorporated, a virulent Christian anti-abortion project, has been thoroughly debunked since its debut in 2009. Add Colorado Springs’ higher educators to duped churches nationwide who are diverting the black struggle against the legacy of slavery, economic oppression, racist yahoos like the makers of Maafa, and endemic racism, into animosity for the social workers of Planned Parenthood and their eugenic agenda of genocide via abortion. While the black community, like its indigenous brothers, does face a real genocidal program of forced poverty and violence, these agitators invoke race baiting to divide class war allies, MLK be damned. CC’s clueless invitation read: This movie has been called “stunning,” “breathtaking,” and “jaw-dropping.” You have only to watch the opening minutes on Youtube to add –execrable, mendacious and absurd. You can be against legal abortion without conniving to blame the Black Holocaust on those who disagree with you.

To argue the “facts” offered up in this “documentary” is to give them credence they don’t deserve. And the issue of abortion is so polarizing, there really is no discussing it. Throw in slanderous accusations and you’re arguing with fools. Imagine decrying that the abolitionists were racists because they would deprive the slaves their free lunch. Well okay then.

My solitary concern here is that this video has escaped the bounds of the dogma-skulled religious extremists unto the screens of higher education campuses. By presenting this video in the context of a celebration of Martin Luther King, reveals the absence of a skeptical eye. Of course academics will recognize the logic-dissonance self-evident in Maafa, but a TV-type audience will eat it up like every other hate-mongering offering. Giving the Maafa screening the appearance of a college endorsement is unforgivable. But Colorado College of course has not been shy about promoting similar quacks, neoclassical economists, climate change deniers, Zionists, pro-war imperialists, and free-trade globalists. That’s what you get when you appoint politicians as deans, politicized pro-establishment education.

The video begins with a premise almost too corny to believe: once the slaves were emancipated, America’s ruling elite needed to get rid of them. This might sound like a plausible motive for a Bond villain, but it ignores the demands juggled by real-life capitalist villains who need a steady workforce to exploit. The slaves were freed, but someone still had to shoulder the work. The fields of the South and the industrial centers of the North still needed its laborers. The obscenity of Maafa’s lie is that abusers of labor have always been against birth control because it threatens to shrink their supply of impoverished, desperate people. And we can trace back to ancient times the role religion has always played in keeping the laborers in line.

Again, you can be against abortion, but don’t pretend your interests don’t dovetail with those who want to perpetuate poverty and human suffering. If you are safely in the middle class, by all means discourage your children from limiting your progeny through birth control, but don’t force that choice on those who can’t afford it.

The sad reality of racism is that a disproportion of African Americans are poor. It’s no coincidence that poor black women account for a greater share of abortions. To attribute that reality to creepy, long-shunned writings of eugenicists of a century ago is dishonest.

John Pilger – The War You Don’t See

We call it the Iraq War, as we did the Vietnam War, but America’s wars aren’t so-named in the host countries. It’s the Iraq Invasion, not War, and Afghanistan Invasion really, now Occupation, Decimation and Holocaust. Journalist filmmaker John Pilger subscribes to the theory that if a public is let to see the horrors of war, it will refuse to participate. His new documentary THE WAR YOU DON’T SEE traces US and UK efforts since WWI to propagandize war. Amid interviews with news bureau chiefs who he holds culpable for hyping war, Pilger shows censored footage which could have turned public opinion. I have to wonder if a simple sequence of an Iraqi home subjected to a US raid, in particular the focus on a young daughter’s anxiety, would not have broken just enough American hearts.

US House Resolution 1553 offers go-ahead for Israel to attack Iran

House Republicans have crafted a resolution to offer US approval for Israel to use “all means necessary” to confront Iran, reviving Holocaust fears and misquoting Mahmoud Ahmadinejad, where “wipe from the map” conflating the “Zionist Regime” with the Jews. Below is the full text of the resolution, supported by Republican congress members including Colorado’s Doug Lamborn.

111TH CONGRESS
2D SESSION

H. RES. 1553

Expressing support for the State of Israel’s right to defend Israeli sovereignty, to protect the lives and safety of the Israeli people, and to use all means necessary to confront and eliminate nuclear threats posed by the Islamic Republic of Iran, including the use of military force if no other peaceful solution can be found within reasonable time to protect against such an immediate and existential threat to the State of Israel.

IN THE HOUSE OF REPRESENTATIVES

JULY 22, 2010

Mr. GOHMERT (for himself, Mr. AKIN, Mrs. BACHMANN, Mr. BARTLETT, Mr. BISHOP of Utah, Mrs. BLACKBURN, Mr. BONNER, Mr. BROUN of Georgia, Mr. BURTON of Indiana, Mr. CAMPBELL, Mr. CHAFFETZ, Mr. CONAWAY, Mr. CULBERSON, Ms. FALLIN, Mr. FLEMING, Mr. FRANKS of Arizona, Mr. GINGREY of Georgia, Ms. GRANGER, Mr. GRIFFITH, Mr. HENSARLING, Mr. HERGER, Mr. KING of Iowa, Mr. LAMBORN, Mr. LATTA, Mr. LOBIONDO, Mrs. LUMMIS, Mr. MARCHANT, Mr. NEUGEBAUER, Mr. PENCE, Mr. PITTS, Mr. POSEY, Mr. PRICE of Georgia, Mr. OLSON, Mr. ROONEY, Mrs. SCHMIDT, Mr. SHADEGG, Mr. SMITH of Texas, Mr. WESTMORELAND, Mr. ROSKAM, Mr. MCCOTTER, Mr. BROWN of South Carolina, Mr. RYAN of Wisconsin, Mr. MCCLINTOCK, Mr. JORDAN of Ohio, Mr. BARTON of Texas, Mr. KINGSTON, and Mr. CARTER) submitted the following resolution; which was referred to the Committee on Foreign Affairs

RESOLUTION

Expressing support for the State of Israel’s right to defend Israeli sovereignty, to protect the lives and safety of the Israeli people, and to use all means necessary to confront and eliminate nuclear threats posed by the Islamic Republic of Iran, including the use of military force if no other peaceful solution can be found within reasonable time to protect against such an immediate and existential threat to the State of Israel.

Whereas with the dawn of modern Zionism, the national liberation movement of the Jewish people, some 150 years ago, the Jewish people determined to return to their homeland in the Land of Israel from the lands of their dispersion;

Whereas in 1922, the League of Nations mandated that the Jewish people were the legal sovereigns over the Land of Israel and that legal mandate has never been superseded;

Whereas in the aftermath of the Nazi-led Holocaust from 1933 to 1945, in which the Germans and their collaborators murdered 6,000,000 Jewish people in a premeditated act of genocide, the international community recognized that the Jewish state, built by Jewish pioneers must gain its independence from Great Britain;

Whereas the United States was the first nation to recognize Israel’s independence in 1948, and the State of Israel has since proven herself to be a faithful ally of the United States in the Middle East;

Whereas the United States and Israel have a special friendship based on shared values, and together share the common goal of peace and security in the Middle East;

Whereas, on October 20, 2009, President Barack Obama rightly noted that the United States–Israel relationship is a ‘‘bond that is much more than a strategic alliance.’’;

Whereas the national security of the United States, Israel, and allies in the Middle East face a clear and present danger from the Government of the Islamic Republic of Iran seeking nuclear weapons and the ballistic missile capability to deliver them;

Whereas Israel would face an existential threat from a nuclear weapons-armed Iran;

Whereas President Barack Obama has been firm and clear in declaring United States opposition to a nuclear-armed Iran, stating on November 7, 2008, ‘‘Let me state—repeat what I stated during the course of the campaign. Iran’s development of a nuclear weapon I believe is unacceptable.’’;

Whereas, on October 26, 2005, at a conference in Tehran called ‘‘World Without Zionism’’, Iranian President Mahmoud Ahmadinejad stated, ‘‘God willing, with the force of God behind it, we shall soon experience a world without the United States and Zionism’’;

Whereas the New York Times reported that during his October 26, 2005, speech, President Ahmadinejad called for ‘‘this occupying regime [Israel] to be wiped off the map’’;

Whereas, on April 14, 2006, Iranian President Ahmadinejad said, ‘‘Like it or not, the Zionist regime [Israel] is heading toward annihilation’’;

Whereas, on June 2, 2008, Iranian President Ahmadinejad said, ‘‘I must announce that the Zionist regime [Israel], with a 60-year record of genocide, plunder, invasion, and betrayal is about to die and will soon be erased from the geographical scene’’;

Whereas, on June 2, 2008, Iranian President Ahmadinejad said, ‘‘Today, the time for the fall of the satanic power of the United States has come, and the countdown to the annihilation of the emperor of power and wealth has started’’;

Whereas, on May 20, 2009, Iran successfully tested a surface-to-surface long range missile with an approximate range of 1,200 miles;

Whereas Iran continues its pursuit of nuclear weapons;

Whereas Iran has been caught building three secret nuclear facilities since 2002;

Whereas Iran continues its support of international terrorism, has ordered its proxy Hizbullah to carry out catastrophic acts of international terrorism such as the bombing of the Jewish AMIA Center in Buenos Aires, Argentina, in 1994, and could give a nuclear weapon to a terrorist organization in the future;

Whereas Iran has refused to provide the International Atomic Energy Agency with full transparency and access to its nuclear program;

Whereas United Nations Security Council Resolution 1803 states that according to the International Atomic Energy Agency, ‘‘Iran has not established full and sustained suspension of all enrichment related and reprocessing activities and heavy-water-related projects as set out in resolution 1696 (2006), 1737 (2006) and 1747 (2007) nor resumed its cooperation with the IAEA under the Additional Protocol, nor taken the other steps required by the IAEA Board of Governors, nor complied with the provisions of Security Council resolution 1696 (2006), 1737 (2006) and 1747 (2007) . . .’’;

Whereas at July 2009’s G-8 Summit in Italy, Iran was given a September 2009 deadline to start negotiations over its nuclear programs and Iran offered a five-page document lamenting the ‘‘ungodly ways of thinking prevailing in global relations’’ and included various subjects, but left out any mention of Iran’s own nuclear program which was the true issue in question;

Whereas the United States has been fully committed to finding a peaceful resolution to the Iranian nuclear threat, and has made boundless efforts seeking such a resolution and to determine if such a resolution is even possible; and

Whereas the United States does not want or seek war with Iran, but it will continue to keep all options open to prevent Iran from obtaining nuclear weapons: Now, therefore, be it

Resolved, That the House of Representatives—

(1) condemns the Government of the Islamic Republic of Iran for its threats of ‘‘annihilating’’ the United States and the State of Israel, for its continued support of international terrorism, and for its incitement of genocide of the Israeli people;

(2) supports using all means of persuading the Government of Iran to stop building and acquiring nuclear weapons;

(3) reaffirms the United States bond with Israel and pledges to continue to work with the Government of Israel and the people of Israel to ensure that their sovereign nation continues to receive critical economic and military assistance, including missile defense capabilities, needed to address the threat of Iran; and

(4) expresses support for Israel’s right to use all means necessary to confront and eliminate nuclear threats posed by Iran, defend Israeli sovereignty, and protect the lives and safety of the Israeli people, including the use of military force if no other peaceful solution can be found within a reasonable time.

Animal Liberation Lone Wolf betrayed by ATF informant, literature and tattoo

Animal Rights Activist and VeganPardon the delay, but when an activist is arrested for the literature he’s carrying, I’ve got to find that material. 34-year-old Walter Edmund Bond was arraigned today for setting the Denver Sheepskin Factory fire in May. ATF agents report that in his knapsack was a tract entitled Declaration of War: Killing People to Save the animals and the Environment The ATF alleges his copy was subtitled: Strike a Match, Light a Fuse, We Only Have the Earth to Lose. Bond was arrested after an informant taped him confessing to being the “Lone Wolf” who took credit on an Animal Liberation Front website. In the meantime, media outlets have linked Bond to a 1977 conviction for arson, failing to note he would have served the time as a toddler. (Turns out “1977” was a typo.)

This story makes me sad, because as much as direct action now requires a culture of secrecy, and as renegade as “Lone Wolf” may have been, if it was Bond, what happened reminds us that wolves are in fact a social animal like we, and every ideologically driven person needs to seek out like-minded comrades.

While it was probably a foregone conclusion that the Sheepskin Factory fire was set to make a statement about animal rights, today’s media requires that someone take the credit. Lone Wolf’s online post performed that protocol, and that should have been that. Doubtless it’s hard to recruit allies for future projects without wanting to claim a resume of past deeds. And what’s to stop everyone from pretending to have been there?

The certainty with which the ATF ties Walter Bond to the fire is built on his bragging to a friend. His choice of reading material, or tattoos, corroborates the subject of his interest, equally likely what he would brag about, and not his actual culpability.

The Smoking Gun has obtained the full affidavit submitted by ATF Special Agents Rennie Mora, which details a call received by fellow agent Christopher Forkner. Someone who hadn’t talked to Walter Bond since the suspect was 22, called the ATF to relate a phone call he/she received from Bond in late June. Asked what he’d been up to lately, Bond referred “Informant CI-01” to the website voice of the voiceless and directed her/him to scroll down to the “Denver Sheepskin fire.” There “ALF Lone Wolf” had posted an explanation for why he’d targeted the business. Concluded the informant: “that’s what he had been up to.”

The informant then called the authorities, the ATF claims, because of fears firefighters might be endangered by future fires the suspect might light.

The affidavit also mentions that the informant passed on photographs of Bond to the ATF.

At the direction of the ATF, Informant CI-01 contacted Bond in Utah. Though Bond had called initially from “a phone at a Salt Lake City public library,” the affidavit offers no details about how the informant reached Bond. The informant suggested Bond travel to Denver and meet at a Ramada Inn on East Colfax, where their conversation was then recorded.

Had the ATF been tracking Bond since his arson conviction in 1997, or at activist gatherings since? There are no ready explanations for what motivated or enabled Informant CI-01 to ensnare her friend of twelve years before. It should be interesting to learn from Bond how he recounts the past weeks’ events and whether if was indeed a friend he last spoke with during his first stint in prison. The informant could have been a prison relation worried about violating parole, or a full-fledged undercover agent.

It appears Bond was short on friends. He was apprehended in the yard of friend Billie Jo Riley who described Bond as an “unlikable drifter.” She made a point to ridicule Bond for accepting two hamburgers in spite of the tattoo on his throat which reads “vegan.” The reporter from Denver’s 9News prodded her incredulously. “Did he know they were real hamburgers?” 9NEWS asked, as if anyone doesn’t recognize meat fat by just its smell. “Yeah” Riley complied, adding again “He ate two of them, two of them.”

The evidence which the ATF asserts corroborates Bond’s taped admission is his “VEGAN” tattoo and the aforementioned “propaganda.”

Which it very well may be. The 1991 screed is attributed to one “Screaming Wolf” and its publishers claim it came by floppy-disk, by mail, its postmark undecipherable. The text is available at Animal Liberation Front, archived under Philosophy/Legal. I’ll reformat it here for legibility, and of course, for curiosity only.

A DECLARATION OF WAR

?Killing People To Save Animals And The Environment ?

This book is dedicated to the animals who have been killed by human greed, selfishness, and bloodlust. In their names, and in the names of current and future generations of innocent beings who will suffer and die as a result of human brutality, the liberators are striking back. Our fellow creatures who have been mutilated, slaughtered, burned, poisoned, strangled, gassed, shot, electrocuted, microwaved, run over, skinned, eaten, enslaved, and domesticated are now being defended. Humans, beware!

?– Screaming Wolf –

Table Of Contents

A MESSAGE FROM THE UNDERGROUND

MAJOR DISCLAIMER BY SCREAMING WOLF

CHAPTER 1: THE LIBERATORS

CHAPTER 2: THIS WORLD IS MEANT FOR ALL BEINGS

CHAPTER 3: HOMO DESTRUCTUS

CHAPTER 4: THE EVERYDAY HOLOCAUST

CHAPTER 5: THE MYTH OF NON-VIOLENCE

CHAPTER 6: A TIME FOR WAR

CHAPTER 7: FINDING PEACE IN TIMES OF WAR
?

A MESSAGE FROM THE UNDERGROUND
(Preface from the original editors)

My husband and I are animal rights activists. For the past ten years we have been in trenches fighting for the animals. But we have always fought legally. We have used the system to its fullest, coordinating various educational, legislative, and litigious campaigns.

If you would have asked us how we felt about our work, we would have told you that our struggle for animal rights and a more humane world was finally becoming mainstream and acceptable. We really believed that our message was beginning to be heard.

However, on the morning of January 18, 1991, our lives were turned upside down.

Included in our mail was a small package with no return address. Inside was a computer disk. There was no explanation of what this disk was for, or who had sent it to us. We looked at the postmark on the envelope, but it was faint and illegible. With no clues as to its contents, we decided to put it in our computer and see what was on it.

The  disk  had  one  file on  it  called, A Declaration  of  War. We opened the file, and the following message appeared.

    “This manuscript explains the philosophy of a group of individuals throughout the world who call themselves, ‘Liberators’. They believe in a revolution to liberate animals and, if necessary, to kill their oppressors. They say such extreme action is needed to stop the horrible human caused suffering of animals and the destruction of the world. They believe that nothing short of a total overthrow of this system will free our brothers and sisters. Please see that this ‘Declaration of War’ is published for the world to read and understand.

Signed – Screaming Wolf”

?

Our curiosity kept us glued to the computer for the next four hours, as we read this bold manuscript. When we finished, we were extremely disturbed. What kind of person could be responsible for this, we wondered. At first, we couldn’t understand why we were chosen as the recipients of this ‘Declaration of War’. After thinking it through, we assumed it was because of some similarities in our personal philosophies. We, too, see humans as the destructive force in the world. We feel that this planet was not put here for humans to exploit, and that nature and other animals, not humans, are at the center of our moral thinking. ?

But what was this talk of killing oppressors? We never promoted or defended violence. Why did Screaming Wolf decide to contact us? The answer to that question is still a mystery, But the reason for our selection is a moot point. We have been selected and must now deal with this terrifying manuscript. ?

Screaming Wolf explains the reason why ‘Liberators’ feel that they must declare war on society. We expect that many activists in the animal rights and environmental movements agree with much of what the ‘Liberators’ have to say, but would seldom admit these deep and frightening thoughts, even to themselves. Feelings of frustration, feelings of alienation, feelings of love and hate and anger and fear, all of these, and more, are common to all of us working within the system for change. ?

However, the ‘Liberators’ go beyond these feelings, and describe real or proposed actions: actions which the public will immediately decry as terrorism, actions which the ‘Liberators’ defend as heroism. According to Screaming Wolf, who apparently is a spokesperson for these ‘Liberators’, these terrorists are a branch of the A.L.F. (Animal Liberation Front). This group has claimed responsibility for breaking into laboratories and factory farms, rescuing animals and damaging equipment. However, the A.L.F. has maintained a commitment of nonviolence towards all living beings, including humans. Liberators, according to Screaming Wolf, have decided to end their commitment of non-violence towards human life. These people actually feel that violence against humans is the only way to make a real difference for the animals. ?

After reading this manuscript, our anxiety and fear almost prompted us to toss it in trash. We were looking for any excuse to forget what we had just read. However, we concluded that Screaming Wolf’s message is too important to simply dismiss. People must know what ‘Liberator’ believe, and can come to their own conclusions about what it means, how they feel about it, and what they want to do about it. ?

We know that publishing a book like this is risky, despite the alleged First Amendment rights of freedom of press. People in this country are allowed to purchase and bear arms, but not to announce a call to arms. We expect some people to construe our publication of this book as an endorsement of violence, despite our disclaimers to the contrary. We looked into the laws regarding publication of literature concerning terrorism and realized at once that the risk in publishing this book is real. We expect to be slapped with dozens of lawsuits, and probably death threats as well. As one lawyer put it, our publishing this book may be totally legally defensible, but we will most likely have to repeatedly prove that fact over the next decade, costing us a fortune in legal fees, and draining our energy and time as we deal with the legal system. ?

The situation, as we see it, is that we have been the recipients of a manuscript that describes a terrorist group of people declaring war on humans to save animals and the environment. If we ignore the manuscript, the public will not know of this threat to its safety. People need to know that ‘Liberators’ exist. We also feel that everyone who believes in working within the system needs to engage in open and honest dialogue about all ways of seeing a problem and its possible solutions, including the solution offered by the ‘Liberators’. This applies to activists and those invested in the status quo. The message of ‘Liberators’ affects all of these people. ?

We concluded, therefore, that we must accept the responsibility of publishing this manuscript. In the name of truth and honesty, people must hear this message of the ‘Liberators’. ?

In an attempt to protect ourselves from criminal prosecution, we, the publishers, would like to make the following direct disclaimer. We do not endorse or support any of the illegal, terrorist activities described by Screaming Wolf or the ‘Liberators’. We present this book for informational purposes only. ?

The entire manuscript of Screaming Wolf could have been printed with quotation marks from the first word to the last, since all that follows this preface are the words of that individual and his or her presentation of the ‘Liberator’ position. We have excluded such quotation marks for the purpose of clarity. ?

This is a glimpse into the world of animal liberation terrorism. We suspect that the life and message of a ‘Liberator’ will be a difficult one for most people to understand. But we feel that the public has a right to have this information. After all, if the ‘Liberators’ continue to carry out their tactics, it may be a matter of life and death.

The Publishers ?
February, 1991.   ?

Read the entire manuscript in our archives: A Declaration of War.

Flotilla not a Love Boat, it was a lynch, says Netanyahu, describing beating of IDF soldiers, not deaths of aid workers

What’s a lynch? I find it intriguing that Israel’s spin machine can drop an American pop culture reference like Love Boat, and simultaneously flub basic usage with “a lynch.” According to Israel, that describes what befell their crack-troop Mavi Marmara party-crashers. What does “a lynch” mean? Apparently someone feels at liberty to shorten Lynch Mob, or Lynching, to coin a new threat to Israel. But doesn’t it stretch credulity to imagine the IDF has never claimed to have been baited into an “ambush?”

Every modern military with a propaganda office, when it suffers a setback, attributes it to an ambush. When the US and Israel do it, it’s an attack; when our dastardly adversaries do it, it’s an ambush. Let’s set aside that the night watch on the Mavi Marmara’s deck might have been defending themselves. For the moment the IDF version of events is the only one Israel is allowing.

Ambush, trap, beating, getting jumped, wouldn’t these be appropriate descriptions for what Israel is asserting its night-vision video depicts? To lynch someone -it’s a verb- implies a hanging, extrajudicial, usually perpetrated by a crowd against a lone victim, unarmed. So where does the IDF get “lynch?”

To my mind, the Israeli-accented tender of “lynch” is feigned bad English, stuttered -I hope in shame- as perpetrator blames victim, but stuttered conveniently, to make the accusation less preposterous. Isn’t a rape victim who is too well versed in the crime perpetrated against her, less convincing than a victim who fumbles to comprehend the outrage she suffered? Poor Israel, its soldiers stepped into a, a, a lynch.

Emitted from military spokespeople however, one projects a reflexive followup “-that’s the ticket.”

I’m guessing grasping a straws like “lynch” is played for sympathy. And while I deconstruct the false unfamiliarity of otherwise precisely crafted English: PM Netanyahu’s mention of “Love Boat” had a bumbling Bush “the internets” ring to it. Anyone old enough to know the television show about the enchanted cruise ship knows there’s not “a Love Boat” but The Love Boat.

If the newly nouned “lynch” is intended to define a hate crime unique to anti-Semites, the motive fits with Israel’s insistence that first genocide, now holocaust, can only apply to Jews. Such an implication is aided by Netanyahu’s suggestion that the lynch was “plotted.” Because common understanding of mob misbehavior precludes a premeditated plot. This may reflect a naive dismissal of the responsibility of authorities who manipulated the lynch mobs and witch hunts, but dictionaries seldom chronicle the injustice of the victors who write the history. Conventional wisdom holds that lynchings were improvisational.

Perhaps the English speaking viewers are meant to associate the implicit racism of the term. Ambush after all doesn’t conjure the slightest whiff of antisemitism. But here’s where Israel’s liberal arts wordsmiths may have outsmarted themselves. While it’s true that thousands of African Americans were lynched through our nation’s history, to the average American who dwells not very often on shameful pasts, the definition of lynching encompasses simply an execution in lieu a trial. Even an unfair trial, or kangaroo court, can be called a lynching. A lynch mob is an enraged crowd meting vigilante justice, hanging high what to them is an indisputable wrongdoer. The overwhelming number of lynching victims in America’s lawless west were hunted criminals. While xenophobia may always have skewed the mob’s judgment against Indian, Chinese, Mexican, or Black, a lynching was not by definition about racial prejudice.

If the beating of the Israeli commandos illustrated a hatred, was it racist? One is meant to assume the motive was anti-Semitic, but I wonder if Arab-Israelies serving in the IDF, or foreign nationals or mercenaries, don’t garner antagonism as vociferous. The historic prejudice decried by ADL and holocaust remembrance stalwarts has been against Jews, but the world today reviles Israeli arrogance. The US has become universal despised, but American tourists are still assured the world hates America, not its people. It’s what we’re told, if even if it is untrue. I do not know of course if Israelis are proffered the same polite assurance.

Did Israel mean that the Freedom Flotilla was an attempted lynching of Israel’s international reputation? In that case, Israel’s predictable militant reaction made such a hanging a matter of assisted suicide. If the Israeli national character suffers irreparably, who’s going to be to bame?

Presuming to paint its soldiers into a lynching scene, which character does Israel assert they played? Were the IDF the horse thieves? Bandying about the connotations of lynchings makes for an interesting turning of the tables. Were the convoy defenders the ones pronouncing hasty judgment upon their dark-of-night assailants? Or were Israel’s commandos declaring themselves judge and jury on the alleged arms smugglers?

In cases of breaking and entering, the home field advantage is accorded the right to self-defense. A SWAT team might make the argument that identifying itself as law enforcement preempts a homeowner’s recourse to armed resistance, based on the principle that an arresting officer’s safety is inviolate. Israel may assert it was policing its border, but unfortunately last Monday it was operating beyond its border. What protection can a law enforcement function claim if outside its jurisdiction?

It might be well and good to say Israel reserves the right to protect itself from enemies anywhere in the world, but it can’t pretend its badge should command universal obeisance.

The Mavi Marmara had declared her intention to run Israel’s blockade, but hadn’t yet attempted the crossing. In fact the Freedom Flotilla was moving away from the contentious area at the time of Israel’s attack.

Who then was the victim of this “lynch?”

I’ll tell you why it’s lynch and not lynching. Because Israel’s soldiers weren’t killed, they were beaten. Not to diminish what might have been their adversaries’ worst intentions, but the gantlet the IDF commandoes received was not a hanging specifically, and not very effective in terms of proving fatal. On the other hand, the outcome was the killing of an as yet undisclosed multitude of civilians, unarmed to an extent that the killings can be defined as executions, the entire result already adjudged to have been a massacre.

Israel’s invention of “lynch” is an utterance which I believe betrays the sign of shame the world longs to see from Israel. Even as the public revels in watching the Israeli hubris on self-destruct, empathy has us hoping to see Israel grasp for its lost humanity. To describe the events on the Turkish passenger ship as a “lynch” is to fail to summon the chutzpah to bear false witness, to accuse the dead of capital murder. Neither does Israel dare to raise the specter that summary executions were committed that night at all.

There is a term to describe

a) Israel’s taking the law into its own hands by pirating a ship belonging to another nation while it sailed in international waters,

b) Israel’s soldiers not being a police force but an ideology-deputized posse,

c) opting in a confused fervor to punish outlaws thought to have been caught red handed,

d) issuing on the spot death sentences.

It’s called a mass lynching.

Simon Wiesenthal Center makes best case against Israel colonial legitimacy

Give Israel credit for answering their critics head on, but that is the Zionist hubris. Simon Wiesenthal is propagating the latest Hasbara crib sheet to counter the ten most threatening lies about Israel. We couldn’t have summarized the arguments better ourselves. One man’s “lies” are his victim’s desperate appeals to confound systemic myopic denial. Here it is in their own nutshell:
 
Israel was created by European guilt over the Nazi Holocaust. Why should Palestinians pay the price? … Had Israel withdrawn to its June 1967 borders, peace would have come long ago. … Israel is the main stumbling block to achieving a two-state solution. … Nuclear Israel, not Iran, is the greatest threat to peace and stability. … Israel is an apartheid state deserving of international boycott, divestment and sanctions campaigns. … Plans to build 1,600 more homes in East Jerusalem prove Israel is “Judaizing” the Holy City. … Israeli policies endanger U.S. troops in Afghanistan and Iraq. … Israeli policies are the cause of worldwide anti-Semitism. … Israel, not Hamas, is responsible for the “humanitarian catastrophe” in Gaza. … Goldstone was right when he charged that Israel was guilty of war crimes against civilians. … The only hope for peace is a single, binational state eliminating the Jewish State of Israel.

Even dissembled, the case weighs hard against Zionist mendacity.

OK, a tad capricious
To Wiesenthal’s credit, the arguments are loaded with a laudable reserve of disingenuity:

5,500 MORE HOMES have been zoned for East Jerusalem, not 1,600, (and yes, Jerusalem’s mayor has set quotas, a Jewish to non-Jewish target ratio to counter a higher Arab birthrate).

Israeli policies are the cause of [PROLIFERATION] of worldwide anti-Semitism,

The Gaza “humanitarian catastrophe” soft-pedals the critics’ real accusation: MASSACRE. Imagine referring to the Holocaust as befalling its victims with the ambivalence of a tsunami.

JUDGE Goldstone isn’t the only accuser who’s documented the criminality the world witnessed WITH ITS OWN EYES.

Apartheid legitimizers blink
Further demonstrating the disintegrating global support for a Jewish haven-state, the Simon Wiesenthal Center has all but dropped its cover as Holocaust-remembrance-sledgehammer to directly shore up the supposed public grant of legitimacy to Zionist colonialism.

Trying to turn the argument on Israel’s “de-ligitimizers” couldn’t be more out of touch.

While the US fights in expanding but downward spirals against the entropy of Pax Americana, Western public support for empire-building erodes for even the pretext of “globalization.” White Man’s Burden has smartened to Carbon Debt, missionary zeal evolved to indigenous and environmental protectionism. Religious crusades haven’t held water for centuries, but what an Auld Testament to Zionism’s xenophobic tenacity to posit the Jewish People as “chosen” to revive God-manifested destiny.

What part of “Apartheid is for Neanderthals” do Palestine’s neo- Afrikaners fail to understand? Even an 18th Century South African settler categorization gives the mid-twentieth century European transplants in Zion too much credit for pretended genealogical roots in the Middle East.

Only State Solution
Not very well concealed in Wiesenthal’s framing of the “Top Ten Lies” is a specious conceit formed by straw arguments three and ten, which presume the desirability of a “two-state solution” and/or a misguided hope for an inevitable “binational state.” Only in Wiesenthal’s rebuttal is there utterance of Israel’s true taboo –unmentionable because it will be self-fulfilling. The single state solution is dismissed with cavalier aplomb as “a non-starter.”

They desperately wish. On what basis do Zionists imbue themselves authority to trump international consensus? Hopefully it is not their nuclear arsenal. No other religious ideology, armed with nukes or without, asserts any permutation of divine refugee-status provenance to an autonomous “homeland.” Not even Tibet.

I expect sooner than the Zionists like –but then the self-defeatist arrogance may bely my presumption– the Simon Wiesenthal Center will be scrambling to bolster rationalizations against the only peaceful solution already on everyone’s mind and taxing our humanitarian patience: the single-state multi-theist modern egalitarian democracy.

Hasbara desperation
We reprint a near-complete representation of the SWC brochure below for our readers, if also to facilitate the identification of pro-Israel internet trolls by the tracts they are presently copy-and-pasting all over blog discussions. Who would have suspected that the resurgent wave of Zionist troll tripe was so transparently linked to official AIPAC and Wiesenthal Center press releases. We give the IDF Hasbara budget too much credit.

A recent IDF-merc commenter goaded us to “envy Israeli intellectual superiority.” I will admit it, I am in awe. Eagerly too. I know where it got Icarus.

Israel goes Titanic. Gotta love a good spectacle.

Appendix
Here then, courtesy of the Simon Wiesenthal Center, the 2010 Top Ten Anti-Israel Lies, enjoy!

2010 TOP TEN
ANTI-ISRAEL LIES

Israel is under assault!
Here’s what you need to know.
Act now…

Lie No. 1: Israel was created by European guilt over the Nazi Holocaust. Why should Palestinians pay the price?

Three thousand years before the Holocaust, before there was a Roman Empire, Israel’s kings and prophets walked the streets of Jerusalem. The whole world knows that Isaiah did not speak his prophesies from Portugal, nor Jeremiah his lamentations from France. Revered by its people, Jerusalem is mentioned in the Hebrew Scriptures 600 times, but not once in the Koran. Throughout the 2,000-year exile of the Jews, there was a continuous Jewish presence in the Holy Land.

Lie No. 2: Had Israel withdrawn to its June 1967 borders, peace would have come long ago.

Since 1967, Israel repeatedly has conceded “land for peace.” Following Egyptian President Sadat’s historic 1977 visit to Jerusalem, Israel withdrew from the vast Sinai Peninsula and has been at peace with Egypt ever since. But the Palestinian Authority has never fulfilled its promise to end propaganda attacks nor drop the Palestinian National Charter’s call for Israel’s destruction. In 2000, Prime Minister Barak offered Yasser Arafat full sovereignty more than 97 percent of the West Bank, a corridor to Gaza, and a capital in the Arab section of Jerusalem. Arafat said no.

Lie No. 3: Israel is the main stumbling block to achieving a two-state solution.

The Palestinians themselves are the only stumbling block to achieving a two-state solution. With whom should Israel negotiate? With President Abbas, who for four years has been barred by Hamas from visiting 1.5 million constituents in Gaza? With his Palestinian Authority, which continues to glorify terrorists and preaches hate in its educational system and the media? With Hamas, whose Iranian-backed leaders deny the Holocaust and use fanatical Jihadist rhetoric to call for Israel’s destruction?

Lie No. 4: Nuclear Israel, not Iran, is the greatest threat to peace and stability.

The United States and Europe can afford to wait to see what the Iranian regime does with its nuclear ambitions, but Israel cannot. Israel is on the front lines and remembers every day the price the Jewish people paid for not taking Hitler at his word. Israel is not prepared to sacrifice another 6 million Jews on the altar of the world’s indifference.

Lie No. 5: Israel is an apartheid state deserving of international boycott, divestment and sanctions campaigns.

In fact, Israel is a democratic state. Its 20 percent Arab minority enjoys all the political, economic and religious rights and freedoms of citizenship, including electing members of their choice to the Knesset (Parliament).

Lie No. 6: Plans to build 1,600 more homes in East Jerusalem prove Israel is “Judaizing” the Holy City.

Ramat Shlomo was not about Arab neighborhoods in East Jerusalem but about a long established, heavily populated Jewish neighborhood in northern Jerusalem, where 250,000 Jews live (about the size of Newark, N.J.) — an area that will never be relinquished by Israel.

Lie No. 7: Israeli policies endanger U.S. troops in Afghanistan and Iraq.

A resolution of the Palestinian-Israeli conflict would benefit everyone, including the United States. But an imposed return to what Abba Eban called “1967 Auschwitz borders” would endanger Israel’s survival and ultimately be disastrous for American interests and credibility in the world.

Lie No. 8: Israeli policies are the cause of worldwide anti-Semitism.

From the Inquisition to the pogroms, to the 6 million Jews murdered by the Nazis, history proves that Jew hatred existed on a global scale before the creation of the State of Israel. It would still exist in 2010 even if Israel had never been created. For example, one poll indicates that 40 percent of Europeans blame the recent global economic crisis on “Jews having too much economic power” — a canard that has nothing to do with Israel.

Lie No. 9: Israel, not Hamas, is responsible for the “humanitarian catastrophe” in Gaza. Goldstone was right when he charged that Israel was guilty of war crimes against civilians.

The United Nations Human Rights Council is obsessed with false anti-Israel resolutions. It refuses to address grievous human rights abuses in Iran, North Korea, Sudan, Saudi Arabia, Cuba and beyond. Faced with similar attacks, every U.N. member-state, including the United States and Canada, surely would have acted more aggressively than the Israel Defense Forces did in Gaza.

Lie No. 10: The only hope for peace is a single, binational state eliminating the Jewish State of Israel.

The one-state solution is a non-starter because it would eliminate the Jewish homeland. However, the current pressures on Israel are equally dangerous. In effect, the world is demanding that Israel, the size of New Jersey, shrink further by accepting a three-state solution: a P.A. state on the West Bank and a Hamas terrorist one in Gaza. All this as Hezbollah, Iran’s proxy in Lebanon, stockpiles 50,000 rockets, threatening northern and central Israel’s main population centers. Current polls show that while most Israelis favor a two-state solution, most Palestinians continue to oppose it.

Israel racism legitimation day April 20

Of course in America now every day is Holocaust Remembrance Day, not just April 20; as more US metropolises erect their own Holocaust museums, and the preponderance of our primary schools fit Holocaust-themed books into every reading or social studies program for every grade, every year. Let’s dedicate this April 20 to remembering what was the process that led western nations to conclude that the victimization of the Jewish people alone, not the genocide of the Gypsies, nor the larger Nazi eradication of the Slavs, merited compensation in the form of somebody else’s homeland. By coincidence the guilt we commemorate is somebody else’s too. How much more appropriate when someday we atone for the ethnic cleansing of the Palestinians, in restitution awarding them of their own land, Israel, usurped for a imperial-tourism colony whose apartheid identity a civilized society can no longer condone.

Just flew back from DC, arms tired

March 20 ANSWER DemonstrationI hoped to be sending updates from CAMP OUT NOW at the capitol, but a laptop mishap left me unplugged for the week. Have much to report about Sheehan’s last stand(s), Obama and St Pats, Cynthia McKinney and the ANSWER march, street-dancing with SDS, Kathy Griffin and DADT, Medea torments AIPAC, Sunday’s immigration rally, Kill-the-Bill teabaggers vs. anti-abortion Catholics, RAN tripods at the EPA, the Smithsonian for Complete Idiots, disciples for 911 untruth, Holocaust Denial at the National Museum of the American Indian, and more.

The Cairo Declaration

gaza-freedom-march-cairo-egypt
Ambitions for a greater Gaza Freedom March have been set aside for another decade, but the hopeful delegates thwarted in Cairo issued the following declaration:

End Israeli Apartheid?
Cairo Declaration
?January 1, 2010

We, international delegates meeting in Cairo during the Gaza Freedom March 2009 in collective response to an initiative from the South African delegation, state:

In view of:

* Israel’s ongoing collective punishment of Palestinians through the illegal occupation and siege of Gaza;?

* the illegal occupation of the West Bank, including East Jerusalem, and the continued construction of the illegal Apartheid Wall and settlements;?

* the new Wall under construction by Egypt and the US which will tighten even further the siege of Gaza;?

* the contempt for Palestinian democracy shown by Israel, the US, Canada, the EU and others after the Palestinian elections of 2006;?

* the war crimes committed by Israel during the invasion of Gaza one year ago;?

* the continuing discrimination and repression faced by Palestinians within Israel;?

* and the continuing exile of millions of Palestinian refugees;?

* all of which oppressive acts are based ultimately on the Zionist ideology which underpins Israel;?

* in the knowledge that our own governments have given Israel direct economic, financial, military and diplomatic support and allowed it to behave with impunity;?

* and mindful of the United Nations Declaration on the Rights of Indigenous People (2007)

We reaffirm our commitment to:

Palestinian Self-Determination?Ending the Occupation?Equal Rights for All within historic Palestine?The full Right of Return for Palestinian refugees.

We therefore reaffirm our commitment to the United Palestinian call of July 2005 for Boycott, Divestment and Sanctions (BDS) to compel Israel to comply with international law.

To that end, we call for and wish to help initiate a global mass, democratic anti-apartheid movement to work in full consultation with Palestinian civil society to implement the Palestinian call for BDS.

Mindful of the many strong similarities between apartheid Israel and the former apartheid regime in South Africa, we propose:

1) An international speaking tour in the first 6 months of 2010 by Palestinian and South African trade unionists and civil society activists, to be joined by trade unionists and activists committed to this programme within the countries toured, to take mass education on BDS directly to the trade union membership and wider public internationally;

2) Participation in the Israeli Apartheid Week in March 2010;

3) A systematic unified approach to the boycott of Israeli products, involving consumers, workers and their unions in the retail, warehousing, and transportation sectors;

4) Developing the Academic, Cultural and Sports boycott;

5) Campaigns to encourage divestment of trade union and other pension funds from companies directly implicated in the Occupation and/or the Israeli military industries;

6) Legal actions targeting the external recruitment of soldiers to serve in the Israeli military, and the prosecution of Israeli government war criminals; coordination of Citizen’s Arrest Bureaux to identify, campaign and seek to prosecute Israeli war criminals; support for the Goldstone Report and the implementation of its recommendations;

7) Campaigns against charitable status of the Jewish National Fund (JNF).

We appeal to organisations and individuals committed to this declaration to sign it and work with us to make it a reality.

Signed by:

(* Affiliation for identification purposes only.)

1. Hedy Epstein, Holocaust Survivor/ Women in Black*, USA?
2. Nomthandazo Sikiti, Nehawu, Congress of South African Trade Unions (COSATU), Affiliate International Officer*, South Africa?
3. Zico Tamela, Satawu, Congress of South African Trade Unions (COSATU) Affiliate International Officer*, South Africa?
4. Hlokoza Motau, Numsa, Congress of South African Trade Unions (COSATU) Affiliate International Officer*, South Africa?
5. George Mahlangu, Congress of South African Trade Unions (COSATU) Campaigns Coordinator*, South Africa?
6. Crystal Dicks, Congress of South African Trade Unions (COSATU) Education Secretary*, South Africa?
7. Savera Kalideen, SA Palestinian Solidarity Committee*, South Africa?
8. Suzanne Hotz, SA Palestinian Solidarity Group*, South Africa?
9. Shehnaaz Wadee, SA Palestinian Solidarity Alliance*, South Africa?
10. Haroon Wadee, SA Palestinian Solidarity Alliance*, South Africa?
11. Sayeed Dhansey, South Africa?
12. Faiza Desai, SA Palestinian Solidarity Alliance*, South Africa?
13. Ali Abunimah, Electronic Intifada*, USA?
14. Hilary Minch, Ireland Palestine Solidarity Committee*, Ireland?
15. Anthony Loewenstein, Australia?
16. Sam Perlo-Freeman, United Kingdom?
17. Julie Moentk, Pax Christi*, USA?
18. Ulf Fogelström, Sweden?
19. Ann Polivka, Chico Peace and Justice Center*, USA?
20. Mark Johnson, Fellowship of Reconciliation*, USA?
21. Elfi Padovan, Munich Peace Committee*/Die Linke*, Germany?
22. Elizabeth Barger, Peace Roots Alliance*/Plenty I*, USA?
23. Sarah Roche-Mahdi, CodePink*, USA?
24. Svetlana Gesheva-Anar, Bulgaria?
25. Cristina Ruiz Cortina, Al Quds-Malaga*, Spain?
26. Rachel Wyon, Boston Gaza Freedom March*, USA?
27. Mary Hughes-Thompson, Women in Black*, USA?
28. David Letwin, International Jewish Anti-Zionist Network (IJAN)*, USA?
29. Jean Athey, Peace Action Montgomery*, USA?
30. Gael Murphy, Gaza Freedom March*/CodePink*, USA?
31. Thomas McAfee, Journalist/PC*, USA?
32. Jean Louis Faure, International Jewish Anti-Zionist Network (IJAN)*, France?
33. Timothy A King, Christians for Peace and Justice in the Middle East*, USA?
34. Gail Chalbi, Palestine/Israel Justice Project of the Minnesota United Methodist Church*, USA?
35. Ouahib Chalbi, Palestine/Israel Justice Project of the Minnesota United Methodist Church*, USA?
36. Greg Dropkin, Liverpool Friends of Palestine*, England?
37. Felice Gelman, Wespac Peace and Justice New York*/Gaza Freedom March*, USA?
38. Ron Witton, Australian Academic Union*, Australia?
39. Hayley Wallace, Palestine Solidarity Committee*, USA?
40. Norma Turner, Manchester Palestine Solidarity Campaign*, England?
41. Paula Abrams-Hourani, Women in Black (Vienna)*/ Jewish Voice for Just Peace in the Middle East*, Austria?
42. Mateo Bernal, Industrial Workers of the World*, USA?
43. Mary Mattieu, Collectif Urgence Palestine*, Switzerland?
44. Agneta Zuppinger, Collectif Urgence Palestine*, Switzerland?
45. Ashley Annis, People for Peace*, Canada?
46. Peige Desgarlois, People for Peace*, Canada?
47. Hannah Carter, Canadian Friends of Sabeel*, Canada?
48. Laura Ashfield, Canadian Friends of Sabeel*, Canada?
49. Iman Ghazal, People for Peace*, Canada?
50. Filsam Farah, People for Peace*, Canada?
51. Awa Allin, People for Peace*, Canada?
52. Cleopatra McGovern, USA?
53. Miranda Collet, Spain?
54. Alison Phillips, Scotland?
55. Nicholas Abramson, Middle East Crisis Response Network*/Jews Say No*, USA?
56. Tarak Kauff, Middle East Crisis Response Network*/Veterans for Peace*, USA?
57. Jesse Meisler-Abramson, USA?
58. Hope Mariposa, USA?
59. Ivesa Lübben. Bremer Netzwerk fur Gerechten Frieden in Nahost*, Germany?
60. Sheila Finan, Mid-Hudson Council MERC*, USA?
61. Joanne Lingle, Christians for Peace and Justice in the Middle East (CPJME)*, USA?
62. Barbara Lubin, Middle East Children’s Alliance*, USA?
63. Josie Shields-Stromsness, Middle East Children’s Alliance*, USA?
64. Anna Keuchen, Germany?
65. Judith Mahoney Pasternak, WRL* and Indypendent*, USA?
66. Ellen Davidson, New York City Indymedia*, WRL*, Indypendent*, USA?
67. Ina Kelleher, USA?
68. Lee Gargagliano, International Jewish Anti-Zionist Network (Chicago)*, USA?
69. Brad Taylor, OUT-FM*, USA?
70. Helga Mankovitz, SPHR (Queen’s University)*, Canada?
71. Mick Napier, Scottish Palestine Solidarity Campaign*, Scotland?
72. Agnes Kueng, Paso Basel*, Switzerland?
73. Anne Paxton, Voices of Palestine*, USA?
74. Leila El Abtah, The Netherlands?
75. Richard, Van der Wouden, The Netherlands?
76. Rafiq A. Firis, P.K.R.*/Isra*, The Netherlands?
77. Sandra Tamari, USA?
78. Alice Azzouzi, Way to Jerusalem*, USA?
79. J’Ann Schoonmaker Allen, USA?
80. Ruth F. Hooke, Episcopalian Peace Fellowship*, USA?
81. Jean E. Lee, Holy Land Awareness Action Task Group of United Church of Canada*, Canada?
82. Delphine de Boutray, Association Thèâtre Cine*, France?
83. Sylvia Schwarz, USA?
84. Alexandra Safi, Germany?
85. Abdullah Anar, Green Party – Turkey*, Turkey?
86. Ted Auerbach, USA?
87. Martha Hennessy, Catholic Worker*, USA?
88. Father Louis Vitale, Interfaile Pace e Bene*, USA?
89. Leila Zand, Fellowship of Reconciliation*, USA?
90. Emma Grigore, CodePink*, USA?
91. Sammer Abdelela, New York Community of Muslim Progressives*, USA?
92. Sharat G. Lin, San Jose Peace and Justice Center*, USA?
93. Katherine E. Sheetz, Free Gaza*, USA?
94. Steve Greaves, Free Gaza*, USA?
95. Trevor Baumgartner, Free Gaza*, USA?
96. Hanan Tabbara, USA?
97. Marina Barakatt, CodePink*, USA?
98. Keren Bariyov, USA?
99. Ursula Sagmeister, Women in Black – Vienna*, Austria?
100. Ann Cunningham, Australia?
101. Bill Perry, Delaware Valley Veterans for Peace*, USA?
102. Terry Perry, Delaware Valley Veterans for Peace*, USA?
103. Athena Viscusi, USA?
104. Marco Viscusi, USA?
105. Paki Wieland, Northampton Committee*, USA?
106. Manijeh Saba, New York / New Jersey, USA?
107. Ellen Graves, USA?
108. Zoë Lawlor, Ireland – Palestine Solidarity Campaign*, Ireland?
109. Miguel García Grassot, Al Quds – Málaga*, Spain?
110. Ana Mamora Romero, ASPA-Asociacion Andaluza Solidaridad y Paz*, Spain?
111. Ehab Lotayef, CJPP Canada*, Canada?
112. David Heap, London Anti-War*, Canada?
113. Adie Mormech, Free Gaza* / Action Palestine*, England?
114. Aimee Shalan, UK?
115. Liliane Cordova, International Jewish Anti-Zionist Network (IJAN)*, Spain?
116. Priscilla Lynch, USA?
117. Jenna Bitar, USA?
118. Deborah Mardon, USA?
119. Becky Thompson, USA?
120. Diane Hereford, USA?
121. David Heap, People for Peace London*, Canada?
122. Donah Abdulla, Solidarity for Palestinian Human Rights*, Canada?
123. Wendy Goldsmith, People for Peace London*, Canada?
124. Abdu Mihirig, Solidarity for Palestinian Human Rights-UBC*, Canada?
125. Saldibastami, Solidarity for Palestinian Human Rights-UBC*, Canada?
126. Abdenahmane Bouaffad, CMF*, France?
127. Feroze Mithiborwala, Awami Bharat*, India?
128. John Dear, Pax Christi*, USA?
129. Ziyaad Lunat, Portugal?
130. Michael Letwin, New York City Labor Against the War (NYCLAW)?
131. Labor For Palestine

Ward Churchill to speak for O’odham

O'odham rightsAccording to Censored News, Activist and scholar Ward Churchill will speak at the Unitarian Universalist Church of Tucson, 4831 W. 22nd St., on November 13, 2009 at 7:00 p.m. to benefit O’odham VOICE Against the Wall, which since 2003 has organized and advocated for the traditional O’odham leaders and elders of the Tohono O’odham communities in the southern territory of the United States and northern territory of Mexico. Professor Churchill’s talk is part of the “Apartheid in America: Surviving Occupation in O’odham Lands”

O’odham activist Ofelia Rivas will also participate. The event is sponsored by the Dry River Radical Resource Center, the Earth First! Journal, and Voices against the Wall.

Here’s some background on the O’odham struggle:

pamphlet cover illustrationBy J. D. Hendricks, 2004
TIAMAT PUBLICATIONS #5

The People Who Emerged From the Earth

Over two thousand years ago the descendents of the O’odham moved into the southwestern region of the area now claimed by the U.S. as the state of Arizona. 1 The O’odham have had one of the longest histories of contact with the forces of European colonization compared with the rest of the native North American peoples. The O’odham’s first contact with Spanish invaders took place in the mid 16th century; nearly one hundred years before the colonization of the North Atlantic coast and Great Lakes regions were begun by the French and English colonists. As such, the history of the O’odham provides a good context for an investigation of the colonization of Native North America, and more specifically, an investigation of the interplay between, and results of, the varied responses to colonization – that of collaboration, accommodation, and resistance.

Many histories of the O’odham refer to these desert people as the Papago. The term Papago was a name given to the O’odham by the Spanish colonizers, and is likely the result of a Spanish corruption of the O’odham word “papabi” which was the O’odham name for one of their principal bean varieties. Thus, the Spanish colonizers term for the O’odham (Papago) came to mean “the bean eaters.” 2 For the purposes of this study I will refrain from the use of the term Papago and will refer to “the people” 3 by their traditional pre-colonial name. 4

As is often the case, with the name Papago being a good example, European constructs are often imposed upon indigenous peoples by the historians that seek to portray their past. This result can occur when historians seek to glorify European norms and traditions at the expense of indigenous ones, and can also be the result of the subconscious indoctrination of the historian by the dominant culture – in this case that of western style industrial civilization. In other cases it can be the result of a simple uncritical usage of language.

One of the most dominant and reoccurring “civilized” constructs imposed upon indigenous peoples history is the commonly understood notion that the O’odham, or any other indigenous North American culture for that matter, existed as a totality or uniformed mass. This study will seek to use the history of the interaction between the O’odham peoples and the United States, both its government and its peoples, to deconstruct this myth of the totality and provide a history of the O’odham’s varied responses to colonization from an anti-colonial and anti-industrial perspective. By investigating various important case studies in O’odham history, and looking not only at resistance but also accommodation and collaboration, it is hoped that this work will help to provide a more realistic historical picture of the effects of colonization, and the intentions and reactions of both the colonizer and the colonized. Within the previously stated context and theoretical framework, this study will argue that while the O’odham responded to the U.S. invasion of their lands in various ways, the choices to resist, accommodate, or collaborate with the forces of colonization did not affect the overall U.S. policy concerning the O’odham – that policy being the eventual total assimilation of the O’odham into the dominant “civilized” industrial system. 5

This investigation will include a strong focus on O’odham resistance to colonization, as any anti-colonial history should, however it will not discount or ignore the many historical occurrences of accommodation, and in some cases outright collaboration, with the colonizers. It is important to always keep in mind that none of the actions and reactions in any of the case studies looked at are attributable to the O’odham as a “totality,” but rather are attributable only to the various groupings of O’odham, be they incarnated in the form of the individual, the clan, the village, an economic or spiritual grouping, or an established political organization.

A God of Civilization and Coercion Comes to the O’odham

The O’odham’s first encounter with Spanish invaders took place in the mid sixteenth century when a group of conquistadors led by Alvaro Nunez Cabeza de Vaca entered O’odham territory in search of gold. These men did not find the riches they were looking for and left the desert region to return to the Spanish colony. However, soon after word spread of the O’odham villages on the northern periphery of the Spanish colony, missionaries began to travel north to bring God and “civilization” to the native people residing there. By 1686, Catholic missionaries had formed a few small missions in O’odham territory using what they believed to be the influence of their soft power 6 techniques to lure the O’odham into their missions where they were then subjected to a rigorous schedule of cultural indoctrination. Most O’odham historians, including Winston Erickson, 7 and to a lesser extent, Bernard Fontana 8 have, during this time period, focused on the O’odham who chose to reside nearby and within these early missions, thus painting a picture of the O’odham as accepting of Spanish influence and cultural indoctrination.

However a closer look at this time period reveals that mission O’odham were only a small percentage of the total population of O’odham residing in the Sonoran desert 9 and that the ones who were there may not have been so for the reasons that the colonizers believed. San Xavier del Bac, the largest mission in O’odham lands, as well as many other missions, took advantage of the fact that the desert O’odham migrated in the dry winter months to the Northern Piman settlements along the rivers to work the small farm plots for sustenance. 10 The Catholic missions inserted themselves into this traditional pattern. Those O’odham who worked and lived near the missions were, for the most part, seasonal residents, which shows that the missions were viewed merely as being of utilitarian value. Thus, the O’odham as a totality were not necessarily accommodating to or interested in anything the missionaries had to offer per se, and when the missionaries began to employ “hard power” techniques and abuse or overstep the grounds for their welcome it did not go without consequence. 11

Accommodating and ignoring the missionaries was not the only response to colonization practiced by the O’odham during the seventeenth and eighteenth centuries. Although historians such as Erickson feel that “the missions did serve the O’odham well….,” 12 that assertion is contradicted by the fact that there were many large scale rebellions waged against the missions from outside and from within. In 1695, 1751, 1756, and 1776, large scale rebellions occurred in which missionaries were killed and their missions burned to the ground. 13 In some cases these rebellions were the doing of joint O’odham/Apache alliances, which is significant considering that many histories of the O’odham and Apache portray them as immemorial enemies. This may be the result of the fact that by the early nineteenth century the Spanish government initiated a campaign of divide and conquer that was continued later by the Mexican and U.S. governments to turn the O’odham and Apache against one another, thus easing the project of their subjugation.

A Change in the Occupation Government: Washington Enters O’odham Lands

In 1821, Mexican Independence from Spain was achieved and interest in the O’odham dropped away nearly entirely. By 1828, the new and secular Mexican government began the process of shutting down the missions in O’odham territory and by 1842, the last of the missions were closed. Soon after, in 1846, the United Stated initiated a war for territorial expansion against Mexico. This war was not of immediate consequence to the O’odham peoples. Isolated in desert regions, the fighting between the two occupation powers affected them little in the short run. However, the signing of the Treaty of Guadalupe Hidalgo in 1848, which ended the war, would lay the foundations for a series of disastrous events which would affect the O’odham in very negative ways.

Of greatest consequence to the O’odham was the fact that the boundary between the United States and Mexico was not finalized by the treaty of Guadalupe Hidalgo. The boundary was designated by Article Five of the Treaty as being an arbitrary line roughly following the 32nd parallel, an area which runs through the southern part of modern Arizona. To the east, the border was provided by the Rio Grande. The exact boundary line along the 32nd parallel was to be decided at a later date. It is also important to note here that the Treaty also provided that all Mexican citizens absorbed by the United States were to be granted U.S. citizenship, which included all indigenous peoples in the annexed territory since under Mexican law they were considered citizens. In the treaty the United States also assumed the responsibility for preventing cross border raiding into Mexico by the southwestern tribes, specifically the Apache. 14

In the aftermath of the signing of the treaty of Guadalupe Hidalgo, it became quickly apparent that an acceptable border between Mexico and the United States along the 32nd parallel would not be achieved. An official survey expedition was assembled by the United States and Mexico in 1849 to trace out the boundary between the two countries with little success. Various borderlines were agreed to and then abandoned and re-made by the United States, sometimes in a unilateral decision that dismissed the positions of the Mexican government altogether. 15

The principal concern for the United States was to secure title to an area of land in northern Sonora, Mexico that was ideally suited for the construction of a portion of the southern continental railroad whose building was being discussed in the U.S. Congress at the time. One of the main advocates for this southern railroad route was a South Carolina man by the name of Colonel James Gadsden. Gadsden’s history of connections to powerful business, military, and political leaders is very interesting and his appointment by the United States to be Minister to Mexico in 1853 serves as a very informative source to gauge the United States’ intentions towards Native Americans and the O’odham in particular.

James Gadsden was born into an influential southern family and graduated from Yale University. After enlisting and serving in the war of 1812, Gadsden was sent to the Florida territory with Andrew Jackson to aid in the campaign of removal and extermination being waged against the Seminole Indians, which took place from 1816-1818. After this war against the Seminole, Gadsden was appointed by President Monroe as commissioner to oversee the removal of the Seminole Indians to Indian Territory. Like the more famous removal of the Cherokee, the removal of the Seminole, and the high death rate suffered as a result, unarguably constituted genocide. 16 As a reward for a job well done, Gadsden was appointed by Monroe to a seat on the legislative council of the territory of Florida, thus beginning Gadsden’s political career. In 1840, Gadsden was elected President of the Louisville, Charleston, and Cincinnati Railroad. In 1853, the Secretary of War, an ardent white supremacist and slavery defender by the name of Jefferson Davis, appointed Gadsden to be Minister to Mexico. 17 As Minister to Mexico, one of Gadsden’s primary missions was to negotiate a final demarcation of the boundary between the U.S. and Mexico. Although Gadsden was a zealous believer in Manifest Destiny, his ideas concerning racial Anglo-Saxonism 18 caused him to be an opponent of the total annexation of Mexico. Gadsden, like many racist U.S. politicians of that time, felt that the total absorption of Mexico and its non-Anglo population into the United States would pollute the Anglo bloodline too much and thus he sought only to gain enough territory for the United States to build the southern pacific route. 19 Thus, a man who had presided over a war of genocide against the Seminole Indians, was a devout racist, and who had obvious conflicts of interest due to his connections to the railroads, was put into a position to determine the territorial boundary between the United States and Mexico and in the process also determine the boundaries of the O’odham’s land. With its appointment of Gadsden, the intent of the U.S. government could not be clearer. Business interests and territorial expansion were to run roughshod, by any means necessary, over any native peoples who stood in the way.

It is no surprise that when James Gadsden finally successfully negotiated a treaty with Santa Anna to secure what is now the southern portion of Arizona, the O’odham were not consulted. In fact, the Gadsden Treaty, signed into law in 1853, did not contain any mention of the O’odham at all. Considering that the new boundary line put in place by the Gadsden Treaty literally split the traditional O’odham lands in two, it is obvious that the intentions of the United States were in no way benevolent. Here it is also important to point out that the terms of the Gadsden Treaty specifically included the same citizenship provisions which were spelled out in the earlier Treaty of Guadalupe Hidalgo. 20 Although the Gadsden treaty was of great significance for the O’odham, their isolation and the outbreak of the Civil War enabled them to live another decade in relative isolation from Anglo encroachment.

Assimilation, Cultural Destruction, Double Speak and Ordained Genocide

The causes which the Almighty originates, when in their appointed time he wills that one race of men – as in races of lower animals – shall disappear off the face of the earth and give place to another race, and so on, in the great cycle traced out by Himself, which may be seen, but has reasons too deep to be fathomed by us. The races of the mammoths and mastodons, and the great sloths, came and passed away: The red man of America is passing away!
–United States Congress Committee on Indian Affairs report, 1865. 21

No doubt with similar justifications in mind as those of the Committee on Indian Affairs, Anglo settlers began their invasion of O’odham lands less than a year after the conclusion of the Civil War. The Homestead Act had opened up the lands of Southern Arizona to Anglo squatters and in 1866, one of the first of many bills was passed by Congress granting mineral rights to any citizen who claimed them. 22 Every one of these homesteads opened and every resource extraction operation initiated without the express consent of the O’odham represented an illegal action under the Gadsden Treaty. The citizenship provisions of the Gadsden Treaty had granted citizenship to all former Mexican citizens and the O’odham were, by legal definition, included in this formulation. The United States, however, refused to consider “uncivilized” peoples as being worthy of the protections granted to citizens by the fourth amendment of the U.S. Constitution, which prohibits the expropriation of property. This refusal of the United States government to follow its own laws pertaining to Native Americans when those laws happen to stand in the way of U.S. interests has been a common occurrence in United States Indian policy. This land grab was only the first of many illegalities committed against the O’odham people by the United States and its citizens. In this respect the O’odham are in a special position when compared with many other tribes. While the theft of native lands by the United States Government was usually legally justified by treaty stipulations signed between a tribe and the U.S. government, this justification could not and cannot be used in the case of the O’odham since no treaty was ever signed with the O’odham by the United States Government. 23

For the most part, the O’odham did not resist this initial incursion of Anglo settlement, rather the O’odham practiced accommodation and moved farther out into the desert to shield themselves from the new settlers invading their lands. Traditional ways were maintained with the exception of the introduction of cattle ranching. The O’odham territory was well suited for the raising of cattle and a good number of O’odham became cattle ranchers, both for purposes of subsistence as well as for sale to Anglos residing in and around Tucson. In the 1880s, as increasing numbers of Anglo cattle ranchers began to invade and take over their pasture, some O’odham began to resist.

The O’odham resisted by stealing the Anglo cattle herds which were rounded up and driven south to be sold on the Mexican market. The expropriation of Anglo cattle herds was not isolated, and it became a major concern for the settlers and the government. In at least one case, a large cattle outfit was driven out of business. 24 The concern over this outbreak of O’odham theft of Anglo cattle was large enough that newspapers as far away as Los Angeles ran stories about the phenomenon. For the most part these stories seem to have been deliberately used to justify the enclosure of the O’odham into reservations as the government and Anglo cattle ranchers seized the opportunity to gain even more O’odham land by arguing that it was an unfair burden for the Anglo cattle ranchers to have to “support” the O’odham. 25 Here, in previous case study, we have another common attribute of U.S. Indian policy in general, and one which occurs again and again in the history of O’odham contact with the U.S. government and Anglo settlers – blaming the victim.

Another official position of United States Indian policy during this time period was that everything done to the Indians was, in the words of Indian Commissioner J. Q. Smith, in their own “best interests.” 26 Whether this obvious sham was based on a subconscious guilt and delusion or was a cynical example of “double-speak,” it is obvious that Native American’s best interest’s were the last thing on the government’s mind. Nevertheless, with this reasoning as justification, the first official reservation for the O’odham was created by executive order of President Grant on July 1, 1874. This small reservation surrounded the Old Catholic mission at San Xavier del Bac. It is estimated that only about ten percent 27 of the desert O’odham took up residence within this reservation – these were labeled as “civilized” O’odham by U.S. census takers. The vast majority of O’odham were labeled as “wild” and continued to live in the vast desert regions west of San Xavier del Bac. While it is obvious that the desert O’odham were resisting cultural assimilation by avoidance, even the mission O’odham maintained a resistance to European culture as the next example will illustrate.

While visiting the old mission at San Xavier a newspaper columnist from the Los Angeles Times wrote that upon her visit in 1882, she could see “not a single civilized human habitation within miles.” This writer goes on to state that the O’odham’s dwellings were in the form of “conical mud huts.” In the casual racism and Social Darwinist rhetoric of the period she also adds that,

“The Papagos are but little in advance of gophers and prairie dogs in their habitations.” 28

The point is that after more than 200 years of European influence, even the mission O’odham continued to build their traditional shelters. 29

Progressivism and Cultural Genocide: The Dawes Act

In 1887, the General Allotment Act, also known as the Dawes Act, was signed into law. The Dawes Act was the staging point for the forced assimilation of those remnants of Native American groupings which had not been totally decimated by the preceding period of “Indian Wars” and forced relocations. The essential function of the Dawes Act was to disrupt traditional tribal land holding patterns and thus force Native Americans into the Anglo system of private property. The O’odham, like most other Native American cultures, did not have a concept of private property – land was held in common for the benefit of the village group. Communally held land was an essential pre-requisite for their Anarchistic political system and extremely de-centralized tribal structure. 30

The first section of the Dawes Act provides for equal “sections” of land to be parceled out to each “head of family.” This head of family was always understood to be the father of each family when land was allotted. Thus, this first section of the act not only attempted to destroy the communal land system of Native Americans, it also instituted Patriarchy as the basis for social functioning in Native America. 31 In addition, Section Five of the Act also provides that any un-allotted lands be subject to purchase by the United States government. Section Six and Seven provide that all monies paid by the U.S. for un-allotted Native lands be held for each tribe by the U.S. Treasury and “subject to appropriation” by the U.S. government to repay itself for the implementation of allotment as well as to provide for the “civilization” of Native Americans. 32 In less veiled words, these sections are basically stating that Native Americans will be forced to pay for their own cultural annihilation.

This interpretation of the intent of the Dawes Act becomes clearer when one looks at the arguments and debates that took place in Congress and within self described progressive “Indian rights” groups such as the Indian Rights Association. Critics of the Dawes Act in Congress such as Rep. Russell Errett understood that

“the main purpose of this bill is not to help the Indian troubles so much as it is to provide a method for getting at the valuable Indian lands and opening them up for settlement.” 33

And Senator Dawes, the namesake of the final bill, speaking of the land and resources of Native Americans stated that

“civilization has got after these possessions with a greed never before equaled but it is idle to expect to stay it….” 34

As for the progressive Indian Rights Association, they argued that

“the organization of the Indians into tribes is, and has been, one of the most serious hindrances to the advancement of civilization, and that every effort should be made to secure disintegration of all tribal organizations….” 35

And one of their leaders, Reverend L. Abbott, provided justification with the statement:

“Barbarism has no rights which civilization is bound to respect.” 36

So here we have a self-proclaimed progressive Indian Rights organization arguing for cultural genocide and against the notion that Native Americans have any rights that civilized people are bound to respect! This conclusion provides a perfect example of the essence of “progressive” or “civilized” thought.

The Dawes Act had a much less devastating effect for the O’odham than it did for many other Native American tribes. At the time of its passage, the only official reservation for the O’odham was the San Xavier reservation which, as was stated earlier, was only a small 71,090 acre reservation around the old mission San Xavier del Bac. When the allotment agent came to San Xavier in 1890, he allotted out 41,600 acres of land to the 363 O’odham whom he counted in his census as being resident at the time. 37 The vast majority of the O’odham still continued to live west of San Xavier in the expansive desert regions and were little affected by the allotment schemes. Even those O’odham who lived in San Xavier and were allotted land paid little attention to the artificial boundaries drawn on paper which supposedly privatized their land – they continued to farm and graze the land communally. 38 This refusal to abide by the provisions of the Dawes Act is also a form of resistance to cultural assimilation and adds one more example to show that for those O’odham who resisted, the most often employed method of resistance was non-compliance and avoidance. This specific response to colonization was made possible by the isolation and expansiveness of their desert home, which many Anglo’s continued to view as a “hopeless desert.” 39

The Domestication of the “Wild Papago”

The vast majority of the O’odham continued to resist assimilation and maintained a fairly traditional lifestyle – minus the introduction of cattle herding and horse rearing. In the twenty years following the passage of the Dawes Act, a growing effort was made to enclose the “Wild Papago” 40 and forcibly strip them of their traditional culture and instill them with the “civilized” values of the industrial Anglo. As was mentioned previously in the paper, ranchers and the government used O’odham cattle theft from Anglo ranchers as one tool to justify the enclosure of the O’odham within a reservation. During this period, Anglo Cattle ranchers continued to encroach deeper and deeper into O’odham territory and scuffles began to break out.

In another classic example of the “blame the victim” tactic, a pro-enclosure story was printed in the Los Angeles Times, no doubt to build public pressure for the domestication of the “Wild Papago.” The story concerns a group of O’odham who had resisted an Anglo cattleman’s attempts to enclose one of their water sources. When these O’odham continually tore down the fence that this cattleman had built, the rancher filed a report with the local Indian Agency sheriff to have the men arrested. When the sheriff arrived to arrest the O’odham responsible for defending their water source, he was taken hostage. The sheriff was later released unharmed; however, the incident was used to make the argument that such troubles can only be expected to increase if the O’odham were not enclosed on a reservation where they could be more easily controlled and monitored. 41

The tactic of occupying and diverting natural water sources was one of the tools used by the Anglo settlers and government to destroy the self sufficiency of the O’odham and force them into reservations where they would be dependent on the government for their water and would thus be easier to control and monitor. Some of the O’odham clearly understood what was happening, which is evidenced by instances of resistance both to the enclosure of natural water sources as well as resistance to the drilling of wells. One example of the U.S. government using water as a tool of forced cultural assimilation can be found by looking at an event recorded by an O’odham calendar stick 42 keeper. In 1912, the O’odham residing in the village of Santa Rosa, an isolated and traditional village in the western desert region of O’odham territory, were paid a visit by an Anglo Indian Commissioner who wished to drill a well for them. The Chief of the village objected to the drilling of the well on the grounds that it would disturb their culture, their autonomy and their self-sufficiency. The government agent proceeded to have the well drilled anyway. Upon completion of the well, the Chief of the village, according to the calendar stick keeper, stated that

“the well must be left alone and, in order that the Papagos might continue their old life, water must still be carried from the spring in the foothills.” 43

However, the prohibition by the Chief could not be upheld due to the overwhelming convenience of the new well and after a period of abstaining from its usage, the village of Santa Rosa (including the Chief) gave in and thus was assimilated into the industrial system by being made dependent on the Government well. 44 During this same time period, encroaching Anglo farmers engaged in the diversion of O’odham water sources to irrigate their farms. This practice served as another method of forcing the self sufficient O’odham into a relationship of dependence upon the government. In many areas so much water was diverted that the O’odham could no longer grow their traditional summer crops. 45

In 1919, the first incarnation of an O’odham reservation to enclose the nearly two million acres of desert that the “Wild Papago” were residing in was established. The formation of the desert O’odham reservation in 1919 ushered in a period of exponentially increased government interference in O’odham matters, and of course, the various forms of coercive assimilation were multiplied. By 1933, thirty-two unwanted wells were drilled all over the new reservation. 46 The well drilling was often opposed by those who were trying to maintain the O’odham Him’dag – the traditional ways of the desert people.

Resistance and Collaboration: O’odham Responses to Forced Modernization

In contrast to the traditional O’odham who had maintained resistance to cultural assimilation for the past 300 years, there was also a small number of O’odham based in the new reservation that welcomed collaboration with the forces of Anglo modernization and advocated for cultural accommodation and in some instances for total cultural assimilation. These men would later form an organization called the Papago Good Government League, which would serve as the propaganda arm of the Bureau of Indian Affairs and government policy in general. The leadership of this new faction had been taken from their families as youths and placed in Protestant boarding schools to be culturally indoctrinated. The Tucson Presbyterian Training School was one of the indoctrination centers where many future members of the Good Government League had been sent. 47

Religious indoctrination, whether Catholic or Protestant, has always been one of the most powerful tools of colonization and its justification used by European invaders against the indigenous peoples of the Americas. The necessary counterpart to the forced indoctrination of Christian principals and morals has always been the repression of indigenous spiritual practices. The United States government understood the profound power that traditional spiritual practices had in maintaining group solidarity and cohesion and it is for this reason that such spiritual practices were made illegal and repressed historically. In 1883, a Court of Indian Offenses was established by congress at the request of Secretary of Interior Henry M. Teller to eliminate traditional spiritual practices. In a report to the commissioner of Indian Affairs, Teller laid out his goals and his rationale stating that,

“If it is the purpose of the Government to civilize the Indians, they must be compelled to desist from the savage and barbarous practices that are calculated to continue them in savagery….”

Teller went on to associate those who resisted the repression of their spirituality with the “non-progressive” faction of Indians and labeled traditional spiritualism as “debauchery,” “diabolism,” and “savagery.” The overarching argument of his letter is that in order to civilize the Indians and bring them into the industrial system, their traditional spiritualism must be destroyed. As an initial step towards this end, Teller advised that Medicine Men be “compelled” to desist from their practice of “deception.” 48

Although the Court of Indian Offenses advocated that coercion be used to repress and destroy indigenous spiritualism, it failed to succeed in this project even when it used force to try to stop traditional spiritual rituals. According to Historian Edward Spicer, the only thing the Court succeeded in doing was driving traditional spiritual practices underground. In the case of many resistant O’odham, traditional spiritual practices were continued without regard to regulations or prohibitions against them, and in many cases, federal authorities resorted to repression and arrest to try to stop these practices. One traditional spiritual practice of the O’odham which was particularly hated by the Protestant Missionaries and Indian Agents was the Vi-kita ceremony.

The Vi-kita ceremony of the O’odham has been written about and studied by many Anglo historians and anthropologists, the most prominent being Columbia Anthropologist Ruth Underhill. 49 Before going into a short description of the Vi-kita it is important to understand that this ceremony varied depending on who was conducting it and where it was being conducted. Peter Blaine, an influential O’odham man sympathetic to the traditional ways, wrote in his autobiography about Underhill’s methods. Blaine explained the traditional way for the O’odham to tell about their past was to do it

“in a group so that everybody had a chance to talk and tell it their way. Underhill was talking to just one man…Dr. Underhill was wrong all the way in how she got her information.” 50

As scholars from the dominant culture often do, Underhill had applied her own notions of hierarchy, authority and individualism to her work with the O’odham and totally disregarded their traditional methods of conveying information in a communal fashion.

The Vi-kita itself was a yearly rain and fertility festival preformed to initiate and give thanks for the yearly summer rains. The ceremony itself consisted of the communal singing of rain songs, dancing, intimate encounters, and the consumption of Navait (Saguaro wine), an alcoholic drink made by the fermentation of Saguaro Cactus buds. The consumption of this wine was meant to symbolize the connection between the sky and the earth. The intake of the Navait was representative of the earth’s intake of rain. Participants drank Navait until vomiting occurred as this act embodied the clouds issuing forth rain unto the earth. It was a powerful ceremony that bonded the O’odham with the elements of nature.

When Protestant missionaries, and a small number of Protestant O’odham in the Good Government League, backed by U.S. Indian Agents, began their attempts to usurp power on the newly formed western O’odham (Sells) 51 reservation in the early 20th century, one of the first things they attacked was the practice of the Vi-kita ceremony. In the early 1930s, Peter Blaine explained that the traditional O’odham from the San Xavier reservation would travel to the western reservation for the Vi-kita. He states that,

“In the late 1920s the government tried to stop this wine drinking ceremony on the Sells reservation. But no Papago or Agency police could ever stop it.”

In one instance Blaine tells the story of how he helped defend three traditional O’odham Vi-kita ceremony leaders when they were arrested by agents from the Indian Bureau and jailed in Tucson. During the trial, a group of Protestant O’odham men from the Good Government League 52 argued for the repression of the ceremony – one of these men, Richard Hendrix, would continue to plague the traditional O’odham in future encounters. To respond to the collaborationist Good Government League, the resistant traditional O’odham formed the League of Papago Chiefs to counter the attempts of the Protestant Good Government League to usurp control on the reservation. 53

The Indian Reorganization Act and O’odham land rights

On June 18th, 1934, President Roosevelt signed into law the Indian Reorganization Act which finally stopped the forced allotment process initiated by the Dawes Act in 1887. The Indian Reorganization Act was viewed by its proponents as being in the best interests of the Indians. One of the reasons for this view was the fact that the Dawes Act and its forced allotment provisions had resulted in the loss of 90,000,000 acres of tribal lands and it was hoped by some, including then Indian Commissioner John Collier, that the Indian Reorganization Act could be used to regain some of this lost land.

The public was also encouraged to view the Indian Reorganization Act as being beneficial for Native Americans. A large article in the Los Angles Times entitled “The Bill to Return Indian Rights” stated that:

“After a century of graft, plunder and injustice, this bill has the objective of handing their own souls back to the Indians.” 54

However, such optimism and notions of cultural relativism were not held by all. As a precursor to the Indian Reorganization Act, a report was prepared for the Secretary of the Interior in 1928 to lay out the need for a change in Federal Indian Policy. The report stated that the “great majority of Indians are ultimately to merge into the general population” and that it was the government’s responsibility to assimilate Native Americans into “white civilization” because “the hands of the clock cannot be turned backwards.” Sympathetic attempts to help Native Americans retain their culture were stigmatized as attempts to “preserve them as museum specimens.” 55 Indian Commissioner John Collier was one of those who believed that Native Americans should retain their culture and that “the awakening of the racial spirit must be sustained….” 56 However, although the finalized Indian Reorganization Act did contain elements that were meant to “help” Native Americans, many of its articles were still designed to impose “civilized” systems on Native Americans.

It can be argued that the intent of the finalized Indian Reorganization Act was to initiate a new chapter in the push for the total cultural assimilation of the Native American tribes. The argument that there was no qualitative change between the Dawes Act and the Reorganization Act is legitimate. The Indian Reorganization Act provides the examples for the argument. The main tool of assimilation in the Indian Reorganization Act was the provision in Section 17 which allowed for Native American tribes to form their own tribal governments, constitutions and laws which, although it is not specifically stated, were intended to be Anglo in structure and functioning. In the case that these native governments were not sufficiently acceptable to the U.S. government, section 17 also provided that all Tribal Government formations must be “approved by the Secretary of the Interior.” 57 This clearly shows that the intent of the Act was not to allow Native Americans to become fully autonomous, either culturally or politically. For a tribe such as the O’odham, which had a long history of decentralization and consensus decision making, the imposition of western style liberal democracy, with its attendant centralization and majority rule system, was an obvious method of forced cultural indoctrination. Peter Blaine, who was mentioned earlier, was an O’odham man who had sympathy for the traditional, decentralized and communal way of O’odham societal organization. When the collaborationist Papago Good Government League began to maneuver themselves into the position of representing all of the O’odham, Blaine took it upon himself to lead the charge to discredit their assertions to business interests and the Federal Government that they represented the O’odham. Blaine wrote that:

“This so-called council represented only their own church people, but they took it upon themselves to become a council for all Papagos. They had meetings. Nobody attended them but these four guys because most people didn’t recognize them as leaders.” 58

In 1934 Blaine, along with another O’odham from the Gila Bend reservation named Leon Pancho became the first O’odham to travel to Washington D.C. These two men were sent as representatives of the traditional chiefs of the O’odham villages to argue against a recent court order that closed the Sells reservation to outside, Anglo owned, mining. The court order was a result of a lawsuit brought by the members of the Good Government League, including Richard Hendrix, who had teamed up with outside lawyers. These lawyers were to receive as payment a ten percent share of all land reclaimed from the mining companies, or a monetary equivalent. As this entire procedure was done behind the backs of the majority of the O’odham, when it was revealed, there was great resentment towards the Good Government League by many of the O’odham.

While in Washington D.C., Blaine was informed of the pending Indian Reorganization Act, and he became a supporter of the Act due to its provision allowing for the self government of Native Americans, as well as a provision in section Six that allowed the Secretary of Interior to manage mineral, mining, and livestock on the reservation. 59 In the case of the O’odham this meant that the reservation would be re-opened to mining and they would regain an important means of economic sustenance. According to Blaine, the mines were an important economic resource for the O’odham as they provided jobs and a market where beef and other O’odham products could be sold. 60 This is yet another unfortunate example of how the incursion of Anglo industrial technology served to destroy the self-sufficiency of the O’odham by making them dependent on it for survival.

Whether or not the mines were truly in the best interest of the O’odham is a complex topic which cannot be dealt with here. However it should be stated that Blaine and his companions’ trip to Washington D.C. was financed by the Tucson Chamber of Commerce, an organization that functioned in support of the mining interests, not the O’odham. This Tucson Chamber of Commerce was the same organization that had aggressively petitioned President Wilson to rescind his 1916 act forming the Sells reservation because it prevented Anglo agricultural interests from exploiting the area’s “best agricultural and grazing lands.” 61

Resistance to and Collaboration with the “White Man’s War”

Not long after the passage of the Indian Reorganization Act and the formation of the first O’odham Tribal Government, the United States declared war on Japan, thus entering World War II. The participation of Native Americans in World War II has been well publicized, especially the role the Dineh (Navajo) played as code talkers in the South Pacific. The United States government and the mainstream media portrayed Native Americans as being eager to fight for their homeland, and eager to assimilate into “white civilization” once they returned from the war. Nearly 25,000 62 Native Americans served in the United States military during World War II, many of whom were no doubt under the impression that their service would be rewarded with increased “rights” after the war’s end. Instead, as a “reward” for Native Americans participation in World War II the United States government established the Indian Claims commission in 1946 to legalize the U.S. occupation of Native American Lands never granted to the U.S. by treaty, passed House Concurrent Resolution 108 to terminate tribal recognition as separate entities from the Federal Government, and then instituted a plan in 1954 to relocate Native Americans off the reservation and into “Indian Ghettos” in the nation’s large cities. 63 These were the “rewards” for participation in World War II.

Like many other Native American Tribes, some of the O’odham Nations members participated in World War II. Ruth Underhill claims that the O’odham enlisted to serve in World War II “in droves” 64 and it is documented that the O’odham tribal government bought $10,000 in war bonds. 65 However, the extent of this involvement was distorted by the media, academia, and even some of the O’odham leaders in the tribal government. Richard Hendrix, a former member of the collaborationist Good Government League, had risen to prominence in the new O’odham tribal government by this time and was interviewed by the Arizona Archaeological and Historical Society on November 16, 1942. In this interview Hendrix exposed the extent to which he had allowed his mind to be colonized and assimilated into that of the dominant white culture. Speaking of colonization in general and World War II in particular, Hendrix stated that the O’odham had:

Learned to love the American government and they learned to love the Stars and Stripes. And when the war came and the time came for our boys to be registered, there was no exception. They registered just the same as white boys did. And now they are out fighting alongside the white boys, the American boys. They are just as anxious as the white boys to kill as many Japs, to kill as many Germans, and they are very anxious to win this great war so that the Papago people in this desert land may continue to enjoy the freedom of their homes. 66

Hendrix’s internalization of white supremacist racial notions is a heart breaking and shocking example of the extent to which he had accepted the ideology of “white civilization.” In addition, his assertion that every O’odham boy registered for the war with “no exception” is glaringly false.

Aside from the fact that there are always exceptions to everything, there was also a large scale organized resistance to World War II led by an old Chief and medicine man, Pia Machita, and his band of traditional O’odham who resided in an isolated village in the north western area of the Sells Reservation known as the Hickwan district. According to Peter Blaine, the O’odham residing in some of the most isolated villages in the Hickwan district had not seen a white man until the 1930s, and continued to practice the traditional O’odham Him’dag. 67 When Pia Machita was informed of the compulsory registration of young O’odham boys for induction into World War II, he instructed the youth of his village to refuse to sign the registration forms when they were visited by the local Indian Agent. Pia Machita was a very traditional leader who refused cultural assimilation and would not accept the authority of the Bureau of Indian Affairs or the O’odham tribal government. Finally, after all efforts to persuade Pia Machita’s village to register had failed, the tribal chief of police and a gang of Federal Marshals led by U.S. Marshall Ben McKinney invaded the village at two in the morning on October 16th, 1941, with tear gas bombs and guns drawn – when the Marshals attempted to take Pia Machita into custody some of the young men from the village used force to liberate him and severely beat one of the federal marshals. In the face of this resistance, the government agents and their local collaborators retreated to Tucson. When the Attorney General’s Office heard of the resistance on the O’odham reservation, they immediately got involved in the effort to repress this draft resistance movement as quickly as possible to prevent its possible spread to other reservations. By May 17th, 1941, after a period of about six months of trying to track down Pia Machita and his small band of men, Marshall McKinney and O’odham collaborators including Jose Ignacio from the tribal government, surrounded Pia Machita in the village of Stoa Pitk and took him into custody without incident. 68

Peter Blaine was the O’odham tribal chairman during the time that Pia Machita was leading the draft resistance movement. Although he did not believe that Pia Machita and his men were threats in any way, he was annoyed by what he perceived to be their stubbornness and attributed their draft resistance to his belief that they “didn’t really understand what they were doing.” 69 In reality, it was Blaine who did not understand the reasons behind Pia Machita and his men’s resistance to enlistment. Pia Machita and his men understood very well what they were doing – they were resisting giving aid to a government that they understood was their enemy. Given this understanding, and given the dictionary definition of the word “collaboration,” it becomes necessary to label those O’odham who participated in the arrest of Pia Machita as such – collaborators. The understanding that the U.S. government was the enemy of the traditional O’odham of the Hickwan district was based upon a long history of attempts by the U.S. government to force the Traditional O’odham of that area to abandon the Him’dag and embrace elements of Anglo “progress” such as dams, railroads, wells, and the protestant religion. Despite Peter Blaine’s inability to understand why the O’odham in the Hickwan district rejected Anglo-civilization in its totality, he still maintained sympathy for the people there. When Pia Machita and two co-defendants were finally sentenced to serve 18 months in prison at Terminal Island Federal Prison for their roles in leading the resistance movement, Peter Blaine eventually came to their aid and used his connections as tribal chairman to persuade the sentencing Judge to release Pia Machita early and allow him to return to the reservation and his family. 70

Conclusion

The history of the O’odham’s contact with the United States government has been one marked by a persistent current of resistance to cultural assimilation into “white civilization.” This resistance has included a variety of tactics and actions. The favored tactic of resistance to assimilation for many of the O’odham groupings seems to have been that of avoidance and feigned accommodation to Anglo culture when expedient. However, as was evidenced by the O’odham’s early history of contact with the Spanish, they did not refrain from waging armed resistance to colonization when they were pushed into a situation where other tactics might have been ineffectual.

In addition to resistance and accommodation, it has also been shown that some of the O’odham choose to engage in direct collaboration with the Anglo colonization of their lands and minds. As this paper has shown, the levels of collaborative activity amongst the O’odham varied, and so did the effects of such collaboration. When investigating instances of collaboration it is always important to understand the context which produced them and to remember that the ultimate blame for a situation of oppression should always be placed upon the group committing the acts of repression – in this case the United States government and allied business interests. It is important to show such examples of collaboration and to understand that all human cultures who have been the victim of colonization have invariably contained individuals who chose to collaborate for a variety of reasons. The O’odham are no exception to this rule. Making apologies for collaboration or failing to mention the instances where such collaboration did occur creates a historical distortion and does nothing to aid present struggles for liberation.

The O’odham responses to colonization never represented a totality, but a strong current of resistance is evident throughout their history. In regards to the United States government, it can be said, given the primary sources looked at, and the final drafts of laws signed and policies followed, that the intent of the United States government toward all Native American tribes, when it was not outright genocidal, has been the cultural destruction and absorption of remaining Native Americans into the dominant industrial culture of “white civilization.” Regardless of the varying tactics used, and the various lip service about “best interests” and “justice,” it has been shown that there has never been a qualitative change in United States policy toward the O’odham people and Native Americans in general. The O’odham have maintained aspects of their traditional culture despite the best efforts of the government to force assimilation, not as a result of such efforts. A continuing current of struggle between the forces of colonization and resistance has persisted for centuries, in all its various forms, within the minds and bodies of many O’odham and will continue until liberation.

NOTES:

1
This date is based on archeological evidence gathered by E.W. Haury in Ventana Cave. Haury, E.W. The Stratigraphy and Archeology of Ventana Cave Arizona. Tuscon: University of Arizona Press, 1950. Cited from Williams, Thomas R. “The Structure of the Socialization Process in Papago Indian Society.” Social Forces, Vol.36, No.3. p.253.

2
Fontana, Bernard L. Of Earth and Little Rain: The Papago Indians. Tuscon: University of Arizona Press, 1989. pp.37-39.

3
The name “O’odham” is roughly translated as “the people” in the Piman dialect spoken by the various O’odham groupings.

4
In 1986 the tribal government of the Papago reservation officially changed its name to the Tohono O’odham Nation.

5
The term “civilized” is a problematic historical term, and its definition tends to be very subjective. The meaning of the term and its use as a label is heavily influenced by how the author and the reader understand its meaning. For the purposes of this paper, the term “civilized” refers to the totality of the “western” cultural, political, and economic system – and most importantly the belief that technological/industrial progress is inherently beneficial and liberatory. For most, being labeled “civilized” is viewed as a positive and the label of “un-civilized” or “savage” is viewed in the reverse. However, for the purposes of this study it is imperative to understand that this author views “civilization” itself as an inherently oppressive and destructive entity, and this must be kept in mind to correctly understand the arguments and analyses in the paper.

6
The term “soft power” refers to the concept of gaining influence and control over another group by means of the attraction of the dominating group’s cultural attributes and the use of commodification rather than using military might and coercion (“hard power”) to gain that influence. See Joseph S. Nye, Jr. Soft Power: The means to success in world politics. New York: Perseus Books, 2004.

7
Erickson, Winston T. Sharing the Desert: The Tohono O’odham in History. Tucson: University of Arizona Press, 2003.

8
Fontana, Bernard L. Of Earth and Little Rain: The Papago Indians. Tucson: University of Arizona Press, 1989.

9
According to Catholic missionary records, the numbers of mission O’odham during this time period were somewhere around 2,000. However, according to population estimates there were at least 10,000 O’odham peoples living in this area. See Fontana, Bernard L. Of Earth and Little Rain . pp.11,46.

10
Fontana, Bernard L., p.40.

11
It is well documented that many of the Missions resorted to physical abuse, forced confinement and occasional murder to coerce the O’odham into compliance. San Xavier del Bac, the largest and most famous of Catholic missions in O’odham lands was built with forced labor. See Daniel McCool; “Federal Indian Policy and the Sacred Mountains of the Papago Indians.” Journal of Ethnic Studies 9.3 (1981).p59.

12
Erickson, Winston P., p.66.

13
Fontana, Bernard L., pp.61-64.

14
Treaty of Guadalupe Hidalgo, Feb 2nd, 1848. United States Statutes At Large, pp. 922-943

15
For a detailed treatment of this series of events see; Garber, Paul N. The Gadsden Treaty. Glouchester: Peter Smith, 1959.

16
For more information on the removal of the Seminole; Stannard, David E. American Holocaust: The Conquest of the New World. New York: Oxford University Press, 1992. P.124. For additional information about the Seminole Wars see; Churchill, Ward. “A Little Matter Of Genocide: Holocaust and Denial in the Americas 1492 to the Present.” San Francisco: City Lights Books, 1997.

17
All dates for the political appointments of James Gadsden are cited from Paul Garber’s “The Gadsden Treaty.” Pages 74-81.

18
Racial Anglo-Saxonism was a belief popular in the later 19th century which held that Europeans of Anglo-Saxon descent were at the forefront of evolution and were responsible to bring civilization to the world. This ideology was used as a convenient justification for the extermination and removal of Native Americans. For a detailed study of this ideology see: Horsman, Reginald. Race And Manifest Destiny: The Origins of American Racial Anglo-Saxonism. Cambridge: Harvard University Press, 1981.

19
For a detailed investigation of the role that the railroads played in the Gadsden purchase see; Schmidt, Louis B. “Manifest Opportunity and the Gadsden Purchase.” Arizona and the West, vol.3 (autumn 1961).

20
Forbes, Jack D. The Papago-Apache Treaty of 1853: Property Rights and Religious Liberties of the O’odham, Maricopa and Other Native Peoples. Davis: Native American Studies Tecumseh Center, U.C. Davis, 1979. p.1.

21
United States Congress. Joint Special Committee. Condition of The Indian Tribes. Report of the joint special committee, appointed under joint resolution of March 3, 1865. With an appendix. Washington, D.C.: United States Government Printing Office, 1865.

22
Erickson, p.77

23
During this time period many treaties were negotiated with native tribes in the regions west of the Mississippi to gain legal justification for the United States’ theft of their lands. For a detailed list of treaties signed between the United States and Native American tribes, see the compendium edited by Charles J. Kappler. Indian Affairs: Laws and Treaties. 7 volumes. Washington, D.C.: Unites States Government Printing Office, 1903-4.

24
Spicer, Edward H. Cycles of Conquest: The Impact of Spain, Mexico, and the United States on the Indians of the Southwest, 1533-1960. Tucson: The University of Arizona Press, 1962. p.138.

25
“Arizona News; Papago Cattle-thieves Brought to Justice.” Los Angeles Times. Feb 1, 1894. Also see: “Arizona News; Report Showing the Depredations Committed by Papago Indians on Stockmen’s Herds.” Los Angeles Times. June 8, 1895, In addition see; “Arizona News: Papagoes Destroying Cattle in Large Numbers.” Los Angeles Times. Mar 23, 1894.

26
Kehoe, Lawrence. “Our New Indian Policy and Religious Liberty.” Catholic World, vol. 26 (Oct. 1887). P.96.

27
Erickson p.78.

28
“Tucson And Fort Lowell; Notes of a Visitor – The Church of San Xavier.” Los Angeles Times. Nov 18, 1882.

29
The Spanish had brought the adobe style of construction to the O’odham but, although the resources for adobe construction were readily available to the O’odham at San Xavier, they continued to build their traditional grass huts.

30
For a detailed study of traditional O’odham tribal structure and life style see; Underhill, Ruth M. Social Organization of the Papago Indians. Columbia: Columbia University Press, 1939. ________. Papago Woman. New York: Holt, Rinehart and Winston, 1979.

31
For the most part, traditional Native American societies exhibited gender parallelism and were rarely if ever patriarchal by definition. For a detailed study of gender in Native America see: Allen, Paula G. The Sacred Hoop: Recovering the Feminine in American Indian Traditions. Boston: Beacon Press, 1986.

32
All direct quotations from Dawes Act. General Allotment Act (Dawes Act). February 8, 1887. Printed in its totality in: Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

33
U.S. Congress, House Committee on Indian Affairs, Lands in Severalty to Indians: Report to Accompany H.R. 5038, 46th Cong., 2nd sess., May 28, 1880, H. Rept. 1576, pp.7-10. Reproduced in: Washburn, Wilcomb E. The Assault on Indian Tribalism: The General Allotment Law (Dawes Act) of 1887. Philadelphia: J.B. Lippincott Co., 1975.

34
Letter from Henry L. Dawes to Henry M. Teller (Commissioner of Indian Affairs), September 19, 1882. Dawes Papers, Library of Congress, Washington, D.C. Reproduced in: Washburn, Wilcomb E. The Assault on Indian Tribalism: The General Allotment Law (Dawes Act) of 1887. Philadelphia: J.B. Lippincott Co., 1975.

35
Washburn, Wilcomb E. The Assault on Indian Tribalism: The General Allotment Law (Dawes Act) of 1887. P.12.

36
Washburn, p.16.

37
Fontana, pp. 77-79.

38
Erickson, p. 92.

39
“Baboquivari Peak.” Los Angeles Times. Nov 4, 1894.

40
The term “Wild Papago” was a term used by the government and media to marginalize those O’odham who continued to resist “civilization.”

41
“The Indian War Cloud.” Los Angeles Times. May 22, 1885.

42
The Calendar Stick was a device used by the O’odham as a tool to aid in the remembering of their history. The Calendar Stick itself was a cactus stick on which notches were carved at various intervals which aided the history keeper in the remembrance of events.

43
Fontana, p.54.

44
This example is meant to show the insidious nature of industrial technology and is not intended to place any blame on this specific group of O’odham for their ultimate choice to begin using the well. This example is given to show how industrial technology always comes with strings attached. In this case, once the village becomes dependent on the well they in turn become dependent on the Anglo civilization which is needed to maintain the functioning of such a well, and thus become less able to resist other Anglo incursions. In addition it must be pointed out here that the traditional water gathering procedure talked about was preformed by O’odham women. Due to this fact, some may feel that by resisting the building of the well, the male O’odham are in fact seeking to perpetuate patriarchy. It is true that the O’odham did have a system of gendered roles, but the overall system made room for exceptions and is best characterized as one of gender parallelism, not patriarchy. It is the Anglo industrial system that brought patriarchy to the O’odham. For more information see: Underhill, Ruth. Papago Woman. New York: Holt, Rinehart and Winston, 1979. Also see: Allen, Paula G. The Sacred Hoop: Recovering the Feminine in American Indian Traditions. Boston: Beacon Press, 1986.

45
Forbes, Jack D. The Papago-Apache Treaty of 1853: Property Rights and Religious Liberties of the O’odham, Maricopa and Other Native Peoples. Davis: Native American Studies Tecumseh Center, U.C. Davis, 1979. pp..5-8.

46
Spicer, p. 140.

47
Spicer, p.141.

48
All quotes taken directly from: House Executive Document no.1, 48th Cong., 1st sess., serial 2190, pp.x-xii. Reproduced in; Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

49
For a detailed account of the Vi-kita see: Davis, Edward H. The Papago Ceremony of Vikita. New York: Museum of The American Indian, 1920. Also see: Underhill, Ruth. Papago Woman. New York: Holt, Rinehart and Winston, 1979.

50
Blaine, Peter. Papagos and Politics. Tucson: The Arizona Historical Society, 1981. p.42.

51
The expansive western O’odham reservation was officially called the Sells reservation. It was named after the first Indian agent in the region, John Sells.

52
The Good Government League was formed by a small group of Protestant O’odham who used the organization to advocate for the assimilation of the O’odham into Anglo civilization as well as to promote general U.S. Indian policy.

53
Blaine, pp.40-50.

54
“Bill To Return Indian Rights ” Los Angeles Times. June 8, 1934.

55
Lewis Meriam et al., The Problem of Indian Administration. Baltimore: Johns Hopkins Press, 1928. Selection printed in: Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

56
Annual Report of the Secretary of Interior, 1934, pp.78-83. Reprinted in; Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

57
Wheeler-Howard Act (Indian Reorganization Act) June 18, 1934. U.S. Statutes at Large, 48:984-88. Re-printed in: Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

58
Blaine, p.50.

59
Wheeler-Howard Act (Indian Reorganization Act) June 18, 1934. U.S. Statutes at Large, 48:984-88. Re-printed in: Prucha, Francis, P. ed. Documents of United States Indian Policy. 3rd ed. Lincoln: University of Nebraska Press, 2000.

60
Blaine, pp.50-53.

61
McCool, Daniel. “Federal Indian Policy and the Sacred Mountains of the Papago Indians.” Journal of Ethnic Studies 9.3 (1981). p.62.

62
Holm, Tom. “Fighting A White Mans War: The Extent and Legacy of American Indian Participation in World War II.” The Journal of Ethnic Studies. 9.2. p.70.

63
For more on this aspect of the Indian Claims Commission, and a discussion about the termination act see: Forbes, Jack D. The Papago-Apache Treaty of 1853: Property Rights and Religious Liberties of the O’odham, Maricopa and Other Native Peoples. Davis: Native American Studies Tecumseh Center, U.C. Davis, 1979.

64
Underhill, Ruth. Papago Woman. New York: Holt, Rinehart and Winston, 1979. P.94.

65
Blaine, p.115.

66
Hendrix, Richard. Talk by Richard Hendricks, Prominent Papago Indian, Given at the Arizona Archaeological and Historical Society, November 16, 1942. The Kiva, vol. 8 (Nov. 1942).

67
Blaine, p.92.

68
Flaccus, Elmer. “Arizona’s Last Great Indian War: The Saga of Pia Machita.” The Journal of Arizona History, vol. 22 (1981).

69
Blaine, p.101.

70
Blain, pp.103-4.

© 2004, REPRODUCTION FOR NON-PROFIT INFORMATIONAL PURPOSES IS ALLOWED

Not Health Insurance, Health CARE

health-reform-rally-union-printers-homeNOT HEALTH INSURANCE, HEALTH CARE.
Local Dems are being rallied again by the SEIU and other corporate handlers to ask for Health Insurance Reform. These are the same gate keepers who squelch calls for Universal Health Care, and who stand back from Democrats like Congressman Alan Grayson (D-FL) when he labeled his Republican health reform adversaries as callous obstructionists.

The Republicans are not meeting anyone halfway, why do the Democrats begin the negotiations from the center? It’s a rhetorical question of course, because both corporate parties support the health insurance industry. The real question is why DO YOU ask your representatives in the legislature to begin with a compromise? Why do your organizers insist that the grassroots voice temper its demand?

Grayson angered his fellow congressmen by calling them murderers. Was he right? Here’s what he said:

“If you get sick in America, this is what the Republicans want you to do: If you get sick America, the Republican health care plan is this: Die quickly … That’s right, the Republicans want you to die quickly if you get sick.”

Asked to apologize for the remark, for besmirching Republicans and trivializing the Holocaust, Grayson offered to apologize to the dead, to the more than 44,000 Americans who die every year because they lack health insurance.

“That is ten times more than the number of Americans who have died in Iraq and who died in 9/11… But that was just once. This is every single year. That’s right. Every single year.”

“I call upon the Democratic members of the House, I call upon the Republican members of the House, I call upon all of us to do our jobs for the sake of America, for the sake of those dying people and their families … I apologize to the dead and their families that we haven’t voted sooner to end this holocaust in America.”

Ahmadinejad denial downgraded to jibe

Before Mahmoud Ahmadinejad’s Al-Quds remarks could be translated, Zionist mouthpieces were fomenting outrage about a new “Holocaust Denial.” By the time DC, London, Paris and Berlin were pushed to repudiate the Iranian president’s statement, and real transcripts hit the stands, newspapers have had to downgrade it as a Holocaust Jibe. Ahmadinejab didn’t deny the Holocaust, he denied the “Holocaust Myth.” The part justifying the state of Israel. Official narratives promoted by Holocaust Museums prominently feature the conclusion that Jews can only escape extermination by occupying to the Middle East.

At the Al-Quds rally, marking the day of solidarity to support the continuing struggle of the Palestinian people, Ahmadinejad did say:

“The very existence of this [Israeli] regime is an insult to the dignity of the people.”

“They [the Western powers] launched the myth of the Holocaust. They lied, they put on a show and then they support the Jews.

“The pretext for establishing the Zionist regime is a lie… a lie which relies on an unreliable claim, a mythical claim, and the occupation of Palestine has nothing to do with the Holocaust.”

“This claim is corrupt and the pretext is corrupt. This regime’s days are numbered and it is on its way to collapse. This regime is dying.”

In Israeli Apartheid, you and I are black

Boycott Divestment and SanctionsSorta-leftist websites are touting use-to-be-leftist Uri Avnery’s weekend article in Ma’an called “Tutu’s Prayer.” Where, the founder of Israel’s Gush Shalom (touted as “fairly far left” as opposed to grandfather- clause’d phony) argues against the BDS boycott of Israel and against comparisons to South African apartheid. And where, Avnery shows himself blind to his own Judeo-centrism. Rejecting the term apartheid, Avnery writes: “It seems that the blacks in South Africa are very different from the Israelis–“

Whaaaaat? Israelis see themselves as not the colonists but the natives! Who is it in Israel that has to wear the sunscreen?

Avnery relates his conversation with Archbishop Desmond Tutu as reinforcing why a boycott will not work. Oh, Tutu testifies that the boycott worked against the South African regime. But Avnery points out the uniqueness of the Jews, who suffered the Holocaust. All Jews, he explains, believe the whole world is against them. An international boycott will only reinforce that belief. His conclusion: Israel will resist a boycott forever. Ergo, it won’t work.

Israelis as forever the victims; doesn’t that point to why Israelis cannot begin to see why their actions against their neighbors are likened to war crimes? They see themselves as the black of South Africa. They probably see themselves as the Palestinians in the struggle over Gaza.

You don’t have to explain to the rest of the world, who is oppressing whom in the Middle East. And that’s who has the fuller view of Israeli Apartheid.

Apartheid in Israel is much simpler than between Israeli Jews and the dispossessed Palestinians.

Under Israeli Apartheid, every Jew in the world has the preferential right to the land of the Palestinians. You, if you are a Jew, have a birthright to Israel, to the roads and lands designated for Jews only. You, if you are not a Jew, do not.

That is Israeli Apartheid. To Israel, everyone else, you , me, and the Palestinians are the black.

The Port Huron Statement

Port Huron Statement of the Students for a Democratic Society, 1962

Port-Huron-Statement-SDSIntroductory Note: This document represents the results of several months of writing and discussion among the membership, a draft paper, and revision by the Students for a Democratic Society national convention meeting in Port Huron, Michigan, June 11-15, 1962. It is represented as a document with which SDS officially identifies, but also as a living document open to change with our times and experiences. It is a beginning: in our own debate and education, in our dialogue with society.

published and distributed by Students for a Democratic Society 112 East 19 Street New York 3, New York GRamercy 3-2181

INTRODUCTION: AGENDA FOR A GENERATION

We are people of this generation, bred in at least modest comfort, housed now in universities, looking uncomfortably to the world we inherit.

When we were kids the United States was the wealthiest and strongest country in the world: the only one with the atom bomb, the least scarred by modern war, an initiator of the United Nations that we thought would distribute Western influence throughout the world. Freedom and equality for each individual, government of, by, and for the people — these American values we found good, principles by which we could live as men. Many of us began maturing in complacency.

As we grew, however, our comfort was penetrated by events too troubling to dismiss. First, the permeating and victimizing fact of human degradation, symbolized by the Southern struggle against racial bigotry, compelled most of us from silence to activism. Second, the enclosing fact of the Cold War, symbolized by the presence of the Bomb, brought awareness that we ourselves, and our friends, and millions of abstract “others” we knew more directly because of our common peril, might die at any time. We might deliberately ignore, or avoid, or fail to feel all other human problems, but not these two, for these were too immediate and crushing in their impact, too challenging in the demand that we as individuals take the responsibility for encounter and resolution.

While these and other problems either directly oppressed us or rankled our consciences and became our own subjective concerns, we began to see complicated and disturbing paradoxes in our surrounding America. The declaration “all men are created equal . . . rang hollow before the facts of Negro life in the South and the big cities of the North. The proclaimed peaceful intentions of the United States contradicted its economic and military investments in the Cold War status quo.

We witnessed, and continue to witness, other paradoxes. With nuclear energy whole cities can easily be powered, yet the dominant nation states seem more likely to unleash destruction greater than that incurred in all wars of human history. Although our own technology is destroying old and creating new forms of social organization, men still tolerate meaningless work and idleness. While two-thirds of mankind suffers undernourishment, our own upper classes revel amidst superfluous abundance. Although world population is expected to double in forty years, the nations still tolerate anarchy as a major principle of international conduct and uncontrolled exploitation governs the sapping of the earth’s physical resources. Although mankind desperately needs revolutionary leadership, America rests in national stalemate, its goals ambiguous and tradition-bound instead of informed and clear, its democratic system apathetic and manipulated rather than “of, by, and for the people.”

Not only did tarnish appear on our image of American virtue, not only did disillusion occur when the hypocrisy of American ideals was discovered, but we began to sense that what we had originally seen as the American Golden Age was actually the decline of an era. The worldwide outbreak of revolution against colonialism and imperialism, the entrenchment of totalitarian states, the menace of war, overpopulation, international disorder, supertechnology — these trends were testing the tenacity of our own commitment to democracy and freedom and our abilities to visualize their application to a world in upheaval.

Our work is guided by the sense that we may be the last generation in the experiment with living. But we are a minority — the vast majority of our people regard the temporary equilibriums of our society and world as eternally-functional parts. In this is perhaps the outstanding paradox: we ourselves are imbued with urgency, yet the message of our society is that there is no viable alternative to the present. Beneath the reassuring tones of the politicians, beneath the common opinion that America will “muddle through”, beneath the stagnation of those who have closed their minds to the future, is the pervading feeling that there simply are no alternatives, that our times have witnessed the exhaustion not only of Utopias, but of any new departures as well. Feeling the press of complexity upon the emptiness of life, people are fearful of the thought that at any moment things might thrust out of control. They fear change itself, since change might smash whatever invisible framework seems to hold back chaos for them now. For most Americans, all crusades are suspect, threatening. The fact that each individual sees apathy in his fellows perpetuates the common reluctance to organize for change. The dominant institutions are complex enough to blunt the minds of their potential critics, and entrenched enough to swiftly dissipate or entirely repel the energies of protest and reform, thus limiting human expectancies. Then, too, we are a materially improved society, and by our own improvements we seem to have weakened the case for further change.

Some would have us believe that Americans feel contentment amidst prosperity — but might it not better be called a glaze above deeply felt anxieties about their role in the new world? And if these anxieties produce a developed indifference to human affairs, do they not as well produce a yearning to believe there is an alternative to the present, that something can be done to change circumstances in the school, the workplaces, the bureaucracies, the government? It is to this latter yearning, at once the spark and engine of change, that we direct our present appeal. The search for truly democratic alternatives to the present, and a commitment to social experimentation with them, is a worthy and fulfilling human enterprise, one which moves us and, we hope, others today. On such a basis do we offer this document of our convictions and analysis: as an effort in understanding and changing the conditions of humanity in the late twentieth century, an effort rooted in the ancient, still unfulfilled conception of man attaining determining influence over his circumstances of life.

Values

Making values explicit — an initial task in establishing alternatives –

* is an activity that has been devalued and corrupted. The conventional moral terms of the age, the politician moralities — “free world”, “people’s democracies” — reflect realities poorly, if at all, and seem to function more as ruling myths than as descriptive principles. But neither has our experience in the universities brought as moral enlightenment. Our professors and administrators sacrifice controversy to public relations; their curriculums change more slowly than the living events of the world; their skills and silence are purchased by investors in the arms race; passion is called unscholastic. The questions we might want raised — what is really important? can we live in a different and better way? if we wanted to change society, how would we do it? — are not thought to be questions of a “fruitful, empirical nature”, and thus are brushed aside.

Unlike youth in other countries we are used to moral leadership being exercised and moral dimensions being clarified by our elders. But today, for us, not even the liberal and socialist preachments of the past seem adequate to the forms of the present. Consider the old slogans; Capitalism Cannot Reform Itself, United Front Against Fascism, General Strike, All Out on May Day. Or, more recently, No Cooperation with Commies and Fellow Travellers, Ideologies Are Exhausted, Bipartisanship, No Utopias. These are incomplete, and there are few new prophets. It has been said that our liberal and socialist predecessors were plagued by vision without program, while our own generation is plagued by program without vision. All around us there is astute grasp of method, technique — the committee, the ad hoc group, the lobbyist, that hard and soft sell, the make, the projected image — but, if pressed critically, such expertise is incompetent to explain its implicit ideals. It is highly fashionable to identify oneself by old categories, or by naming a respected political figure, or by explaining “how we would vote” on various issues.

Theoretic chaos has replaced the idealistic thinking of old — and, unable to reconstitute theoretic order, men have condemned idealism itself. Doubt has replaced hopefulness — and men act out a defeatism that is labeled realistic. The decline of utopia and hope is in fact one of the defining features of social life today. The reasons are various: the dreams of the older left were perverted by Stalinism and never recreated; the congressional stalemate makes men narrow their view of the possible; the specialization of human activity leaves little room for sweeping thought; the horrors of the twentieth century, symbolized in the gas-ovens and concentration camps and atom bombs, have blasted hopefulness. To be idealistic is to be considered apocalyptic, deluded. To have no serious aspirations, on the contrary, is to be “tough-minded”.

In suggesting social goals and values, therefore, we are aware of entering a sphere of some disrepute. Perhaps matured by the past, we have no sure formulas, no closed theories — but that does not mean values are beyond discussion and tentative determination. A first task of any social movement is to convenience people that the search for orienting theories and the creation of human values is complex but worthwhile. We are aware that to avoid platitudes we must analyze the concrete conditions of social order. But to direct such an analysis we must use the guideposts of basic principles. Our own social values involve conceptions of human beings, human relationships, and social systems.

We regard men as infinitely precious and possessed of unfulfilled capacities for reason, freedom, and love. In affirming these principles we are aware of countering perhaps the dominant conceptions of man in the twentieth century: that he is a thing to be manipulated, and that he is inherently incapable of directing his own affairs. We oppose the depersonalization that reduces human beings to the status of things — if anything, the brutalities of the twentieth century teach that means and ends are intimately related, that vague appeals to “posterity” cannot justify the mutilations of the present. We oppose, too, the doctrine of human incompetence because it rests essentially on the modern fact that men have been “competently” manipulated into incompetence — we see little reason why men cannot meet with increasing skill the complexities and responsibilities of their situation, if society is organized not for minority, but for majority, participation in decision-making.

Men have unrealized potential for self-cultivation, self-direction, self-understanding, and creativity. It is this potential that we regard as crucial and to which we appeal, not to the human potentiality for violence, unreason, and submission to authority. The goal of man and society should be human independence: a concern not with image of popularity but with finding a meaning in life that is personally authentic: a quality of mind not compulsively driven by a sense of powerlessness, nor one which unthinkingly adopts status values, nor one which represses all threats to its habits, but one which has full, spontaneous access to present and past experiences, one which easily unites the fragmented parts of personal history, one which openly faces problems which are troubling and unresolved: one with an intuitive awareness of possibilities, an active sense of curiosity, an ability and willingness to learn.

This kind of independence does not mean egoistic individualism — the object is not to have one’s way so much as it is to have a way that is one’s own. Nor do we deify man — we merely have faith in his potential.

Human relationships should involve fraternity and honesty. Human interdependence is contemporary fact; human brotherhood must be willed however, as a condition of future survival and as the most appropriate form of social relations. Personal links between man and man are needed, especially to go beyond the partial and fragmentary bonds of function that bind men only as worker to worker, employer to employee, teacher to student, American to Russian.

Loneliness, estrangement, isolation describe the vast distance between man and man today. These dominant tendencies cannot be overcome by better personnel management, nor by improved gadgets, but only when a love of man overcomes the idolatrous worship of things by man.

As the individualism we affirm is not egoism, the selflessness we affirm is not self-elimination. On the contrary, we believe in generosity of a kind that imprints one’s unique individual qualities in the relation to other men, and to all human activity. Further, to dislike isolation is not to favor the abolition of privacy; the latter differs from isolation in that it occurs or is abolished according to individual will. Finally, we would replace power and personal uniqueness rooted in possession, privilege, or circumstance by power and uniqueness rooted in love, reflectiveness, reason, and creativity.

As a social system we seek the establishment of a democracy of individual participation, governed by two central aims: that the individual share in those social decisions determining the quality and direction of his life; that society be organized to encourage independence in men and provide the media for their common participation.

In a participatory democracy, the political life would be based in several root principles:

* that decision-making of basic social consequence be carried on by public groupings;

* that politics be seen positively, as the art of collectively creating an acceptable pattern of social relations;

* that politics has the function of bringing people out of isolation and into community, thus being a necessary, though not sufficient, means of finding meaning in personal life;

* that the political order should serve to clarify problems in a way instrumental to their solution; it should provide outlets for the expression of personal grievance and aspiration; opposing views should be organized so as to illuminate choices and facilities the attainment of goals; channels should be commonly available to related men to knowledge and to power so that private problems — from bad recreation facilities to personal alienation — are formulated as general issues.

The economic sphere would have as its basis the principles:

* that work should involve incentives worthier than money or survival. It should be educative, not stultifying; creative, not mechanical; selfdirect, not manipulated, encouraging independence; a respect for others, a sense of dignity and a willingness to accept social responsibility, since it is this experience that has crucial influence on habits, perceptions and individual ethics;

* that the economic experience is so personally decisive that the individual must share in its full determination;

* that the economy itself is of such social importance that its major resources and means of production should be open to democratic participation and subject to democratic social regulation.

Like the political and economic ones, major social institutions — cultural, education, rehabilitative, and others — should be generally organized with the well-being and dignity of man as the essential measure of success.

In social change or interchange, we find violence to be abhorrent because it requires generally the transformation of the target, be it a human being or a community of people, into a depersonalized object of hate. It is imperative that the means of violence be abolished and the institutions — local, national, international — that encourage nonviolence as a condition of conflict be developed.

These are our central values, in skeletal form. It remains vital to understand their denial or attainment in the context of the modern world.

The Students

In the last few years, thousands of American students demonstrated that they at least felt the urgency of the times. They moved actively and directly against racial injustices, the threat of war, violations of individual rights of conscience and, less frequently, against economic manipulation. They succeeded in restoring a small measure of controversy to the campuses after the stillness of the McCarthy period. They succeeded, too, in gaining some concessions from the people and institutions they opposed, especially in the fight against racial bigotry.

The significance of these scattered movements lies not in their success or failure in gaining objectives — at least not yet. Nor does the significance lie in the intellectual “competence” or “maturity” of the students involved — as some pedantic elders allege. The significance is in the fact the students are breaking the crust of apathy and overcoming the inner alienation that remain the defining characteristics of American college life.

If student movements for change are rarities still on the campus scene, what is commonplace there? The real campus, the familiar campus, is a place of private people, engaged in their notorious “inner emigration.” It is a place of commitment to business-as-usual, getting ahead, playing it cool. It is a place of mass affirmation of the Twist, but mass reluctance toward the controversial public stance. Rules are accepted as “inevitable”, bureaucracy as “just circumstances”, irrelevance as “scholarship”, selflessness as “martyrdom”, politics as “just another way to make people, and an unprofitable one, too.”

Almost no students value activity as a citizen. Passive in public, they are hardly more idealistic in arranging their private lives: Gallup concludes they will settle for “low success, and won’t risk high failure.” There is not much willingness to take risks (not even in business), no setting of dangerous goals, no real conception of personal identity except one manufactured in the image of others, no real urge for personal fulfillment except to be almost as successful as the very successful people. Attention is being paid to social status (the quality of shirt collars, meeting people, getting wives or husbands, making solid contacts for later on); much too, is paid to academic status (grades, honors, the med school rat-race). But neglected generally is real intellectual status, the personal cultivation of the mind.

“Students don’t even give a damn about the apathy,” one has said. Apathy toward apathy begets a privately-constructed universe, a place of systematic study schedules, two nights each week for beer, a girl or two, and early marriage; a framework infused with personality, warmth, and under control, no matter how unsatisfying otherwise.

Under these conditions university life loses all relevance to some. Four hundred thousand of our classmates leave college every year.

But apathy is not simply an attitude; it is a product of social institutions, and of the structure and organization of higher education itself. The extracurricular life is ordered according to in loco parentis theory, which ratifies the Administration as the moral guardian of the young. The accompanying “let’s pretend” theory of student extracurricular affairs validates student government as a training center for those who want to spend their lives in political pretense, and discourages initiative from more articulate, honest, and sensitive students. The bounds and style of controversy are delimited before controversy begins. The university “prepares” the student for “citizenship” through perpetual rehearsals and, usually, through emasculation of what creative spirit there is in the individual.

The academic life contains reinforcing counterparts to the way in which extracurricular life is organized. The academic world is founded in a teacher-student relation analogous to the parent-child relation which characterizes in loco parentis. Further, academia includes a radical separation of student from the material of study. That which is studied, the social reality, is “objectified” to sterility, dividing the student from life — just as he is restrained in active involvement by the deans controlling student government. The specialization of function and knowledge, admittedly necessary to our complex technological and social structure, has produced and exaggerated compartmentalization of study and understanding. This has contributed to: an overly parochial view, by faculty, of the role of its research and scholarship; a discontinuous and truncated understanding, by students, of the surrounding social order; a loss of personal attachment, by nearly all, to the worth of study as a humanistic enterprise.

There is, finally, the cumbersome academic bureaucracy extending throughout the academic as well as extracurricular structures, contributing to the sense of outer complexity and inner powerlessness that transforms so many students from honest searching to ratification of convention and, worse, to a numbness of present and future catastrophes. The size and financing systems of the university enhance the permanent trusteeship of the administrative bureaucracy, their power leading to a shift to the value standards of business and administrative mentality within the university. Huge foundations and other private financial interests shape under-financed colleges and universities, not only making them more commercial, but less disposed to diagnose society critically, less open to dissent. Many social and physical scientists, neglecting the liberating heritage of higher learning, develop “human relations” or morale-producing” techniques for the corporate economy, while others exercise their intellectual skills to accelerate the arms race.

Tragically, the university could serve as a significant source of social criticism and an initiator of new modes and molders of attitudes. But the actual intellectual effect of the college experience is hardly distinguishable from that of any other communications channel — say, a television set — passing on the stock truths of the day. Students leave college somewhat more “tolerant” than when they arrived, but basically unchallenged in their values and political orientations. With administrators ordering the institutions, and faculty the curriculum, the student learns by his isolation to accept elite rule within the university, which prepares him to accept later forms of minority control. The real function of the educational system — as opposed to its more rhetorical function of “searching for truth” — is to impart the key information and styles that will help the student get by, modestly but comfortably, in the big society beyond.

The Society Beyond

Look beyond the campus, to America itself. That student life is more intellectual, and perhaps more comfortable, does not obscure the fact that the fundamental qualities of life on the campus reflect the habits of society at large. The fraternity president is seen at the junior manager levels; the sorority queen has gone to Grosse Pointe: the serious poet burns for a place, any place, or work; the once-serious and never serious poets work at the advertising agencies. The desperation of people threatened by forces about which they know little and of which they can say less; the cheerful emptiness of people “giving up” all hope of changing things; the faceless ones polled by Gallup who listed “international affairs” fourteenth on their list of “problems” but who also expected thermonuclear war in the next few years: in these and other forms, Americans are in withdrawal from public life, from any collective effort at directing their own affairs.

Some regard this national doldrums as a sign of healthy approval of the established order — but is it approval by consent or manipulated acquiescence? Others declare that the people are withdrawn because compelling issues are fast disappearing — perhaps there are fewer breadlines in America, but is Jim Crow gone, is there enough work and work more fulfilling, is world war a diminishing threat, and what of the revolutionary new peoples? Still others think the national quietude is a necessary consequence of the need for elites to resolve complex and specialized problems of modern industrial society — but, then, why should business elites help decide foreign policy, and who controls the elites anyway, and are they solving mankind’s problems? Others, finally, shrug knowingly and announce that full democracy never worked anywhere in the past — but why lump qualitatively different civilizations together, and how can a social order work well if its best thinkers are skeptics, and is man really doomed forever to the domination of today?

There are no convincing apologies for the contemporary malaise. While the world tumbles toward the final war, while men in other nations are trying desperately to alter events, while the very future qua future is uncertain — America is without community, impulse, without the inner momentum necessary for an age when societies cannot successfully perpetuate themselves by their military weapons, when democracy must be viable because of its quality of life, not its quantity of rockets.

The apathy here is, first subjective — the felt powerlessness of ordinary people, the resignation before the enormity of events. But subjective apathy is encouraged by the objective American situation — the actual structural separation of people from power, from relevant knowledge, from pinnacles of decision-making. Just as the university influences the student way of life, so do major social institutions create the circumstances in which the isolated citizen will try hopelessly to understand his world and himself.

The very isolation of the individual — from power and community and ability to aspire — means the rise of a democracy without publics. With the great mass of people structurally remote and psychologically hesitant with respect to democratic institutions, those institutions themselves attenuate and become, in the fashion of the vicious circle, progressively less accessible to those few who aspire to serious participation in social affairs. The vital democratic connection between community and leadership, between the mass and the several elites, has been so wrenched and perverted that disastrous policies go unchallenged time and again.

Politics without Publics

The American political system is not the democratic model of which its glorifiers speak. In actuality it frustrates democracy by confusing the individual citizen, paralyzing policy discussion, and consolidating the irresponsible power of military and business interests.

A crucial feature of the political apparatus in America is that greater differences are harbored within each major party than the differences existing between them. Instead of two parties presenting distinctive and significant differences of approach, what dominates the system if a natural interlocking of Democrats from Southern states with the more conservative elements of the Republican party. This arrangement of forces is blessed by the seniority system of Congress which guarantees congressional committee domination by conservatives — ten of 17 committees in the Senate and 13 of 21 in House of Representatives are chaired currently by Dixiecrats.

The party overlap, however, is not the only structural antagonist of democracy in politics. First, the localized nature of the party system does not encourage discussion of national and international issues: thus problems are not raised by and for people, and political representatives usually are unfettered from any responsibilities to the general public except those regarding parochial matters. Second, whole constituencies are divested of the full political power they might have: many Negroes in the South are prevented from voting, migrant workers are disenfranchised by various residence requirements, some urban and suburban dwellers are victimized by gerrymandering, and poor people are too often without the power to obtain political representation. Third, the focus of political attention is significantly distorted by the enormous lobby force, composed predominantly of business interests, spending hundreds of millions each year in an attempt to conform facts about productivity, agriculture, defense, and social services, to the wants of private economic groupings.

What emerges from the party contradictions and insulation of privatelyheld power is the organized political stalemate: calcification dominates flexibility as the principle of parliamentary organization, frustration is the expectancy of legislators intending liberal reform, and Congress becomes less and less central to national decision-making, especially in the area of foreign policy. In this context, confusion and blurring is built into the formulation of issues, long-range priorities are not discussed in the rational manner needed for policymaking, the politics of personality and “image” become a more important mechanism than the construction of issues in a way that affords each voter a challenging and real option. The American voter is buffeted from all directions by pseudo-problems, by the structurally-initiated sense that nothing political is subject to human mastery. Worried by his mundane problems which never get solved, but constrained by the common belief that politics is an agonizingly slow accommodation of views, he quits all pretense of bothering.

A most alarming fact is that few, if any, politicians are calling for changes in these conditions. Only a handful even are calling on the President to “live up to” platform pledges; no one is demanding structural changes, such as the shuttling of Southern Democrats out of the Democratic Party. Rather than protesting the state of politics, most politicians are reinforcing and aggravating that state. While in practice they rig public opinion to suit their own interests, in word and ritual they enshrine “the sovereign public” and call for more and more letters. Their speeches and campaign actions are banal, based on a degrading conception of what people want to hear. They respond not to dialogue, but to pressure: and knowing this, the ordinary citizen sees even greater inclination to shun the political sphere. The politicians is usually a trumpeter to “citizenship” and “service to the nation”, but since he is unwilling to seriously rearrange power relationships, his trumpetings only increase apathy by creating no outlets. Much of the time the call to “service” is justified not in idealistic terms, but in the crasser terms of “defending the free world from communism” — thus making future idealistic impulses harder to justify in anything but Cold War terms.

In such a setting of status quo politics, where most if not all government activity is rationalized in Cold War anti-communist terms, it is somewhat natural that discontented, super-patriotic groups would emerge through political channels and explain their ultra-conservatism as the best means of Victory over Communism. They have become a politically influential force within the Republican Party, at a national level through Senator Goldwater, and at a local level through their important social and economic roles. Their political views are defined generally as the opposite of the supposed views of communists: complete individual freedom in the economic sphere, non-participation by the government in the machinery of production. But actually “anticommunism” becomes an umbrella by which to protest liberalism, internationalism, welfarism, the active civil rights and labor movements. It is to the disgrace of the United States that such a movement should become a prominent kind of public participation in the modern world — but, ironically, it is somewhat to the interests of the United States that such a movement should be a public constituency pointed toward realignment of the political parties, demanding a conservative Republican Party in the South and an exclusion of the “leftist” elements of the national GOP.

The Economy

American capitalism today advertises itself as the Welfare State. Many of us comfortably expect pensions, medical care, unemployment compensation, and other social services in our lifetimes. Even with one-fourth of our productive capacity unused, the majority of Americans are living in relative comfort — although their nagging incentive to “keep up” makes them continually dissatisfied with their possessions. In many places, unrestrained bosses, uncontrolled machines, and sweatshop conditions have been reformed or abolished and suffering tremendously relieved. But in spite of the benign yet obscuring effects of the New Deal reforms and the reassuring phrases of government economists and politicians, the paradoxes and myths of the economy are sufficient to irritate our complacency and reveal to us some essential causes of the American malaise.

We live amidst a national celebration of economic prosperity while poverty and deprivation remain an unbreakable way of life for millions in the “affluent society”, including many of our own generation. We hear glib reference to the “welfare state”, “free enterprise”, and “shareholder’s democracy” while military defense is the main item of “public” spending and obvious oligopoly and other forms of minority rule defy real individual initiative or popular control. Work, too, is often unfulfilling and victimizing, accepted as a channel to status or plenty, if not a way to pay the bills, rarely as a means of understanding and controlling self and events. In work and leisure the individual is regulated as part of the system, a consuming unit, bombarded by hardsell soft-sell, lies and semi-true appeals and his basest drives. He is always told what he is supposed to enjoy while being told, too, that he is a “free” man because of “free enterprise.”

The Remote Control Economy. We are subject to a remote control economy, which excludes the mass of individual “units” — the people — from basic decisions affecting the nature and organization of work, rewards, and opportunities. The modern concentration of wealth is fantastic. The wealthiest one percent of Americans own more than 80 percent of all personal shares of stock. From World War II until the mid-Fifties, the 50 biggest corporations increased their manufacturing production from 17 to 23 percent of the national total, and the share of the largest 200 companies rose from 30 to 37 percent. To regard the various decisions of these elites as purely economic is short-sighted: their decisions affect in a momentous way the entire fabric of social life in America. Foreign investments influence political policies in under-developed areas — and our efforts to build a “profitable” capitalist world blind our foreign policy to mankind’s needs and destiny. The drive for sales spurs phenomenal advertising efforts; the ethical drug industry, for instance, spent more than $750 million on promotions in 1960, nearly for times the amount available to all American medical schools for their educational programs. The arts, too, are organized substantially according to their commercial appeal aesthetic values are subordinated to exchange values, and writers swiftly learn to consider the commercial market as much as the humanistic marketplace of ideas. The tendency to over-production, to gluts of surplus commodities, encourages “market research” techniques to deliberately create pseudo-needs in consumers — we learn to buy “smart” things, regardless of their utility — and introduces wasteful “planned obsolescence” as a permanent feature of business strategy. While real social needs accumulate as rapidly as profits, it becomes evident that Money, instead of dignity of character, remains a pivotal American value and Profitability, instead of social use, a pivotal standard in determining priorities of resource allocation.

Within existing arrangements, the American business community cannot be said to encourage a democratic process nationally. Economic minorities not responsible to a public in any democratic fashion make decisions of a more profound importance than even those made by Congress. Such a claim is usually dismissed by respectful and knowing citations of the ways in which government asserts itself as keeper of the public interest at times of business irresponsibility. But the real, as opposed to the mythical, range of government “control” of the economy includes only:

1. some limited “regulatory” powers — which usually just ratify industry policies or serve as palliatives at the margins of significant business activity;

2. a fiscal policy build upon defense expenditures as pump-priming “public works” — without a significant emphasis on “peaceful public works” to meet social priorities and alleviate personal hardships;

3. limited fiscal and monetary weapons which are rigid and have only minor effects, and are greatly limited by corporate veto: tax cuts and reforms; interest rate control (used generally to tug on investment by hurting the little investor most); tariffs which protect noncompetitive industries with political power and which keep less-favored nations out of the large trade mainstream, as the removal of barriers reciprocally with the Common Market may do disastrously to emerging countries outside of Europe; wage arbitration, the use of government coercion in the name of “public interest” to hide the tensions between workers and business production controllers; price controls, which further maintains the status quo of big ownership and flushes out little investors for the sake of “stability”;

4. very limited “poverty-solving” which is designed for the organized working class but not the shut-out, poverty-stricken migrants, farm workers, the indigent unaware of medical care or the lower-middle class person riddled with medical bills, the “unhireables” of minority groups or workers over 45 years of age, etc.

5. regional development programs — such as the Area Redevelopment Act

* which have been only “trickle down” welfare programs without broad authority for regional planning and development and public works spending. The federal highway program has been more significant than the “depressed areas” program in meeting the needs of people, but is generally too remote and does not reach the vicious circle of poverty itself.

In short, the theory of government “countervailing” business neglects the extent to which government influence is marginal to the basic production decisions, the basic decision-making environment of society, the basic structure or distribution and allocation which is still determined by major corporations with power and wealth concentrated among the few. A conscious conspiracy — as in the case of pricerigging in the electrical industry — is by no means generally or continuously operative but power undeniably does rest in comparative insulation from the public and its political representatives.

The Military-Industrial Complex. The most spectacular and important creation of the authoritarian and oligopolistic structure of economic decision-making in America is the institution called “the militaryindustrial complex” by former President Eisenhower, the powerful congruence of interest and structure among military and business elites which affects so much of our development and destiny. Not only is ours the first generation to live with the possibility of world-wide cataclysm — it is the first to experience the actual social preparation for cataclysm, the general militarization of American society. In 1948 Congress established Universal Military Training, the first peacetime conscription. The military became a permanent institution. Four years earlier, General Motor’s Charles E. Wilson had heralded the creation of what he called the “permanent war economy,” the continuous use of military spending as a solution to economic problems unsolved before the post-war boom, most notably the problem of the seventeen million jobless after eight years of the New Deal. This has left a “hidden crisis” in the allocation of resources by the American economy.

Since our childhood these two trends — the rise of the military and the installation of a defense-based economy — have grown fantastically. The Department of Defense, ironically the world’s largest single organization, is worth $160 billion, owns 32 million acres of America and employs half the 7.5 million persons directly dependent on the military for subsistence, has an $11 billion payroll which is larger than the net annual income of all American corporations. Defense spending in the Eisenhower era totaled $350 billions and President Kennedy entered office pledged to go even beyond the present defense allocation of sixty cents from every public dollar spent. Except for a war-induced boom immediately after “our side” bombed Hiroshima, American economic prosperity has coincided with a growing dependence on military outlay — from 1941 to 1959 America’s Gross National Product of $5.25 trillion included $700 billion in goods and services purchased for the defense effort, about one-seventh of the accumulated GNP. This pattern has included the steady concentration of military spending among a few corporations. In 1961, 86 percent of Defense Department contracts were awarded without competition. The ordnance industry of 100,000 people is completely engaged in military work; in the aircraft industry, 94 percent of 750,000 workers are linked to the war economy; shipbuilding, radio and communications equipment industries commit forty percent of their work to defense; iron and steel, petroleum, metal-stamping and machine shop products, motors and generators, tools and hardware, copper, aluminum and machine tools industries all devote at least 10 percent of their work to the same cause.

The intermingling of Big Military and Big Industry is evidenced in the 1,400 former officers working for the 100 corporations who received nearly all the $21 billion spent in procurement by the Defense Department in 1961. The overlap is most poignantly clear in the case of General Dynamics, the company which received the best 1961 contracts, employed the most retired officers (187), and is directed by a former Secretary of the Army. A Fortune magazine profile of General Dynamics said: “The unique group of men who run Dynamics are only incidentally in rivalry with other U.S. manufacturers, with many of whom they actually act in concert. Their chief competitor is the USSR. The core of General Dynamics corporate philosophy is the conviction that national defense is a more or less permanent business.” Little has changed since Wilson’s proud declaration of the Permanent War Economy back in the 1944 days when the top 200 corporations possessed 80 percent of all active prime war-supply contracts.

Military Industrial Politics. The military and its supporting business foundation have found numerous forms of political expression, and we have heard their din endlessly. There has not been a major Congressional split on the issue of continued defense spending spirals in our lifetime. The triangular relation of the business, military and political arenas cannot be better expressed than in Dixiecrat Carl Vinson’s remarks as his House Armed Services Committee reported out a military construction bill of $808 million throughout the 50 states, for 1960-61: “There is something in this bill for everyone,” he announced. President Kennedy had earlier acknowledged the valuable anti-recession features of the bill.

Imagine, on the other hand, $808 million suggested as an anti-recession measure, but being poured into programs of social welfare: the impossibility of receiving support for such a measure identifies a crucial feature of defense spending: it is beneficial to private enterprise, while welfare spending is not. Defense spending does not “compete” with the private sector; it contains a natural obsolescence; its “confidential” nature permits easier boondoggling; the tax burdens to which it leads can be shunted from corporation to consumer as a “cost of production.” Welfare spending, however, involves the government in competition with private corporations and contractors; it conflicts with immediate interests of private pressure groups; it leads to taxes on business. Think of the opposition of private power companies to current proposals for river and valley development, or the hostility of the real estate lobby to urban renewal; or the attitude of the American Medical Association to a paltry medical care bill; or of all business lobbyists to foreign aid; these are the pressures leading to the schizophrenic public-military, private-civilian economy of our epoch. The politicians, of course, take the line of least resistance and thickest support: warfare, instead of welfare, is easiest to stand up for: after all, the Free World is at stake (and our constituency’s investments, too).

Automation, Abundance, and Challenge. But while the economy remains relatively static in its setting of priorities and allocation of resources, new conditions are emerging with enormous implications: the revolution of automation, and the replacement of scarcity by the potential of material abundance.

Automation, the process of machines replacing men in performing sensory, motoric and complex logical tasks, is transforming society in ways that are scarcely comprehensible. By 1959, industrial production regained its 1957 “pre-recession” level — but with 750,000 fewer workers required. In the Fifties as a whole, national production enlarged by 43 percent but the number of factory employees remained stationary, seventenths of one percent higher than in 1947. Automation is destroying whole categories of work — impersonal thinkers have efficiently labeled this “structural unemployment” — in blue-collar, service, and even middle management occupations. In addition it is eliminating employment opportunities for a youth force that numbers one million more than it did in 1950, and rendering work far more difficult both to find and do for people in the forties and up. The consequences of this economic drama, strengthened by the force of post-war recessions, are momentous: five million becomes an acceptable unemployment tabulation, and misery, uprootedness and anxiety become the lot of increasing numbers of Americans.

But while automation is creating social dislocation of a stunning kind, it paradoxically is imparting the opportunity for men the world around to rise in dignity from their knees. The dominant optimistic economic fact of this epoch is that fewer hands are needed now in actual production, although more goods and services are a real potentiality. The world could be fed, poverty abolished, the great public needs could be met, the brutish world of Darwinian scarcity could be brushed away, all men could have more time to pursue their leisure, drudgery in work could be cut to a minimum, education could become more of a continuing process for all people, both public and personal needs could be met rationally. But only in a system with selfish production motives and elitist control, a system which is less welfare than war-based, undemocratic rather than “stockholder participative” as “sold to us”, does the potentiality for abundance become a curse and a cruel irony:

1. Automation brings unemployment instead of mere leisure for all and greater achievement of needs for all people in the world — a crisis instead of economic utopia. Instead of being introduced into a social system in a planned and equitable way, automation is initiated according to its profitability. American Telephone and Telegraph holds back modern telephone equipment, invented with public research funds, until present equipment is financially unprofitable. Colleges develop teaching machines, mass-class techniques, and TV education to replace teachers: not to proliferate knowledge or to assist the qualified professors now, but to “cut costs in education and make the academic community more efficient and less wasteful.” Technology, which could be a blessing to society, becomes more and more a sinister threat to humanistic and rational enterprise.

2. Hard-core poverty exists just beyond the neon lights of affluence, and the “have-nots” may be driven still further from opportunity as the high-technology society demands better education to get into the production mainstream and more capital investment to get into “business”. Poverty is shameful in that it herds people by race, region, and previous condition of infortune into “uneconomic classes” in the so-called free society — the marginal worker is made more insecure by automation and high education requirements, heavier competition for jobs, maintaining low wages or a high level of unemployment. People in the rut of poverty are strikingly unable to overcome the collection of forces working against them: poor health, bad neighborhoods, miserable schools, inadequate “welfare” services, unemployment and underemployment, weak politician and union organization.

3. Surplus and potential plenty are waste domestically and producers suffer impoverishment because the real needs of the world and of our society are not reflected in the market. Our huge bins of decomposing grain are classic American examples, as is the steel industry which, in the summer of 1962, is producing at 53 percent of capacity.

The Stance of Labor. Amidst all this, what of organized labor, the historic institutional representative of the exploited, the presumed “countervailing power” against the excesses of Big Business? The contemporary social assault on the labor movement is of crisis proportions. To the average American, “big labor” is a growing cancer equal in impact to Big Business — nothing could be more distorted, even granting a sizable union bureaucracy. But in addition to public exaggerations, the labor crisis can be measured in several ways. First, the high expectations of the newborn AFL-CIO of 30 million members by 1965 are suffering a reverse unimaginable five years ago. The demise of the dream of “organizing the unorganized” is dramatically reflected in the AFL-CIO decision, just two years after its creation, to slash its organizing staff in half. From 15 million members when the AFL and the CIO merged, the total has slipped to 13.5 million. During the post-war generation, union membership nationally has increased by four million — but the total number of workers has jumped by 13 million. Today only 40 percent of all non-agricultural workers are protected by any form or organization. Second, organizing conditions are going to worsen. Where labor now is strongest — in industries — automation is leading to an attrition of available work. As the number of jobs dwindles, so does labor’s power of bargaining, since management can handle a strike in an automated plant more easily than the older mass-operated ones.

More important perhaps, the American economy has changed radically in the last decade, as suddenly the number of workers producing goods became fewer than the number in “nonproductive” areas — government, trade, finance, services, utilities, transportation. Since World War II “white collar” and “service” jobs have grown twice as fast as have, “blue collar” production jobs. Labor has almost no organization in the expanding occupational areas of the new economy, but almost all of its entrenched strength in contracting areas. As big government hires more, as business seeks more office workers and skilled technicians, and as growing commercial America demands new hotels, service stations and the like, the conditions will become graver still. Further, there is continuing hostility to labor by the Southern states and their industrial interests — meaning ” runaway plants, cheap labor threatening the organized trade union movement, and opposition from Dixiecrats to favorable labor legislation in Congress. Finally, there is indication that Big Business, for the sake of public relations if nothing more, has acknowledged labor’s “right” to exist, but has deliberately tried to contain labor at its present strength, preventing strong unions from helping weaker ones or from spreading or unorganized sectors of the economy. Business is aided in its efforts by proliferation of “right-to-work” laws at state levels (especially in areas where labor is without organizing strength to begin with), and anti-labor legislation in Congress.

In the midst of these besetting crises, labor itself faces its own problems of vision and program. Historically, there can be no doubt as to its worth in American politics — what progress there has been in meeting human needs in this century rests greatly with the labor movement. And to a considerable extent the social democracy for which labor has fought externally is reflected in its own essentially democratic character: representing millions of people, no millions of dollars; demanding their welfare, not eternal profit. Today labor remains the most liberal “mainstream” institution — but often its liberalism represents vestigial commitments self-interestedness, unradicalism. In some measure labor has succumbed to institutionalization, its social idealism waning under the tendencies of bureaucracy, materialism, business ethics. The successes of the last generation perhaps have braked, rather than accelerated labor’s zeal for change. Even the House of Labor has bay windows: not only is this true of the labor elites, but as well of some of the rank-and-file. Many of the latter are indifferent unionists, uninterested in meetings, alienated from the complexities of the labor-management negotiating apparatus, lulled to comfort by the accessibility of luxury and the opportunity of long-term contracts. “Union democracy” is not simply inhibited by labor leader elitism, but by the unrelated problem of rankand -file apathy to the tradition of unionism. The crisis of labor is reflected in the coexistence within the unions of militant Negro discontents and discriminatory locals, sweeping critics of the obscuring “public interest” marginal tinkering of government and willing handmaidens of conservative political leadership, austere sacrificers and business-like operators, visionaries and anachronisms — tensions between extremes that keep alive the possibilities for a more militant unionism. Too, there are seeds of rebirth in the “organizational crisis” itself: the technologically unemployed, the unorganized white collar men and women, the migrants and farm workers, the unprotected Negroes, the poor, all of whom are isolated now from the power structure of the economy, but who are the potential base for a broader and more forceful unionism.

Horizon. In summary: a more reformed, more human capitalism, functioning at three-fourths capacity while one-third of America and two-thirds of the world goes needy, domination of politics and the economy by fantastically rich elites, accommodation and limited effectiveness by the labor movement, hard-core poverty and unemployment, automation confirming the dark ascension of machine over man instead of shared abundance, technological change being introduced into the economy by the criteria of profitability — this has been our inheritance. However inadequate, it has instilled quiescence in liberal hearts — partly reflecting the extent to which misery has been over-come but also the eclipse of social ideals. Though many of us are “affluent”, poverty, waste, elitism, manipulation are too manifest to go unnoticed, too clearly unnecessary to go accepted. To change the Cold War status quo and other social evils, concern with the challenges to the American economic machine must expand. Now, as a truly better social state becomes visible, a new poverty impends: a poverty of vision, and a poverty of political action to make that vision reality. Without new vision, the failure to achieve our potentialities will spell the inability of our society to endure in a world of obvious, crying needs and rapid change.

THE INDIVIDUAL IN THE WARFARE STATE

Business and politics, when significantly militarized, affect the whole living condition of each American citizen. Worker and family depend on the Cold War for life. Half of all research and development is concentrated on military ends. The press mimics conventional cold war opinion in its editorials. In less than a full generation, most Americans accept the military-industrial structure as “the way things are.” War is still pictured as one more kind of diplomacy, perhaps a gloriously satisfying kind. Our saturation and atomic bombings of Germany and Japan are little more than memories of past “policy necessities” that preceded the wonderful economic boom of 1946. The facts that our once-revolutionary 20,000 ton Hiroshima Bomb is now paled by 50 megaton weapons, that our lifetime has included the creation of intercontinental ballistic missiles, that “greater” weapons are to follow, that weapons refinement is more rapid than the development of weapons of defense, that soon a dozen or more nations will have the Bomb, that one simple miscalculation could incinerate mankind: these orienting facts are but remotely felt. A shell of moral callous separates the citizen from sensitivity of the common peril: this is the result of a lifetime saturation with horror. After all, some ask, where could we begin, even if we wanted to? After all, others declare, we can only assume things are in the best of hands. A coed at the University of Kentucky says, “we regard peace and war as fairy tales.” And a child has asked in helplessness, perhaps for us all, “Daddy, why is there a cold war?”

Past senselessness permits present brutality; present brutality is prelude to future deeds of still greater inhumanity; that is the moral history of the twentieth century, from the First World War to the present. A half-century of accelerating destruction has flattened out the individual’s ability to make moral distinction, it has made people understandably give up, it has forced private worry and public silence.

To a decisive extent, the means of defense, the military technology itself, determines the political and social character of the state being defended — that is, defense mechanism themselves in the nuclear age alter the character of the system that creates them for protection. So it has been with American, as her democratic institutions and habits have shriveled in almost direct proportion to the growth of her armaments. Decisions about military strategy, including the monstrous decision to go to war, are more and more the property of the military and the industrial arms race machine, with the politicians assuming a ratifying role instead of a determining one. This is increasingly a fact not just because of the installation of the permanent military, but because of constant revolutions in military technology. The new technologies allegedly require military expertise, scientific comprehension, and the mantle of secrecy. As Congress relies more and more on the Joint Chiefs of Staff, the existing chasm between people and decision-makers becomes irreconcilably wide, and more alienating in its effects.

A necessary part of the military effort is propaganda: to “sell” the need for congressional appropriations, to conceal various business scandals, and to convince the American people that the arms race is important enough to sacrifice civil liberties and social welfare. So confusion prevails about the national needs, while the three major services and the industrial allies jockey for power — the Air Force tending to support bombers and missilery, the Navy, Polaris and carriers, the Army, conventional ground forces and invulnerable nuclear arsenals, and all three feigning unity and support of the policy of weapons and agglomeration called the “mix”. Strategies are advocated on the basis of power and profit, usually more so than on the basis of national military needs. In the meantime, Congressional investigating committees — most notably the House Un-American Activities Committee and the Senate Judiciary Committee — attempt to curb the little dissent that finds its way into off-beat magazines. A huge militant anticommunist brigade throws in its support, patriotically willing to do anything to achieve “total victory” in the Cold War; the government advocates peaceful confrontation with international Communism, then utterly pillories and outlaws the tiny American Communist Party. University professors withdraw prudently from public issues; the very style of social science writing becomes more qualified. Needs in housing, education, minority rights, health care, land redevelopment, hourly wages, all are subordinated — though a political tear is shed gratuitously — to the primary objective of the “military and economic strength of the Free World.”

What are the governing policies which supposedly justify all this human sacrifice and waste? With few exceptions they have reflected the quandaries and confusion, stagnation and anxiety, of a stalemated nation in a turbulent world. They have shown a slowness, sometimes a sheer inability to react to a sequence of new problems.

Of these problems, two of the newest are foremost: the existence of poised nuclear weapons and the revolutions against the former colonial powers. In the both areas, the Soviet Union and the various national communist movements have aggravated internation relations in inhuman and undesirable ways, but hardly so much as to blame only communism for the present menacing situation.

Deterrence Policy

The accumulation of nuclear arsenals, the threat of accidental war, the possibility of limited war becoming illimitable holocaust, the impossibility of achieving final arms superiority or invulnerability, the approaching nativity of a cluster of infant atomic powers; all of these events are tending to undermine traditional concepts of power relations among nations. War can no longer be considered as an effective instrument of foreign policy, a means of strengthening alliances, adjusting the balance of power, maintaining national sovereignty, or preserving human values. War is no longer simply a forceful extension of foreign policy; it can obtain no constructive ends in the modern world. Soviet or American “megatonnage” is sufficient to destroy all existing social structures as well as value systems. Missiles have (figuratively) thumbed their nosecones at national boundaries. But America, like other countries, still operates by means of national defense and deterrence systems. These are seen to be useful so long as they are never fully used: unless we as a national entity can convince Russia that we are willing to commit the most heinous action in human history, we will be forced to commit it.

Deterrence advocates, all of them prepared at least to threaten mass extermination, advance arguments of several kinds. At one pole are the minority of open partisans of preventive war — who falsely assume the inevitability of violent conflict and assert the lunatic efficacy of striking the first blow, assuming that it will be easier to “recover” after thermonuclear war than to recover now from the grip of the Cold War. Somewhat more reluctant to advocate initiating a war, but perhaps more disturbing for their numbers within the Kennedy Administration, are the many advocates of the “counterforce” theory of aiming strategic nuclear weapons at military installations — though this might “save” more lives than a preventive war, it would require drastic, provocative and perhaps impossible social change to separate many cities from weapons sites, it would be impossible to ensure the immunity of cities after one or two counterforce nuclear “exchanges”, it would generate a perpetual arms race for less vulnerability and greater weapons power and mobility, it would make outer space a region subject to militarization, and accelerate the suspicions and arms build-ups which are incentives to precipitate nuclear action. Others would support fighting “limited wars” which use conventional (all but atomic) weapons, backed by deterrents so mighty that both sides would fear to use them — although underestimating the implications of numerous new atomic powers on the world stage, the extreme difficulty of anchoring international order with weapons of only transient invulnerability, the potential tendency for a “losing side” to push limited protracted fighting on the soil of underdeveloped countries. Still other deterrence artists propose limited, clearly defensive and retaliatory, nuclear capacity, always potent enough to deter an opponent’s aggressive designs — the best of deterrence stratagems, but inadequate when it rests on the equation of an arms “stalemate” with international stability.

All the deterrence theories suffer in several common ways. They allow insufficient attention to preserving, extending, and enriching democratic values, such matters being subordinate rather than governing in the process of conducting foreign policy. Second, they inadequately realize the inherent instabilities of the continuing arms race and balance of fear. Third, they operationally tend to eclipse interest and action towards disarmament by solidifying economic, political and even moral investments in continuation of tensions. Fourth, they offer a disinterested and even patriotic rationale for the boondoggling, belligerence, and privilege of military and economic elites. Finally, deterrence stratagems invariably understate or dismiss the relatedness of various dangers; they inevitably lend tolerability to the idea of war by neglecting the dynamic interaction of problems — such as the menace of accidental war, the probable future tensions surrounding the emergence of ex-colonial nations, the imminence of several new nations joining the “Nuclear Club,” the destabilizing potential of technological breakthrough by either arms race contestant, the threat of Chinese atomic might, the fact that “recovery” after World War III would involve not only human survivors but, as well, a huge and fragile social structure and culture which would be decimated perhaps irreparably by total war.

Such a harsh critique of what we are doing as a nation by no means implies that sole blame for the Cold War rests on the United States. Both sides have behaved irresponsibly — the Russians by an exaggerated lack of trust, and by much dependence on aggressive military strategists rather than on proponents of nonviolent conflict and coexistence. But we do contend, as Americans concerned with the conduct of our representative institutions, that our government has blamed the Cold War stalemate on nearly everything but its own hesitations, its own anachronistic dependence on weapons. To be sure, there is more to disarmament than wishing for it. There are inadequacies in international rule-making institutions — which could be corrected. There are faulty inspection mechanisms — which could be perfected by disinterested scientists. There is Russian intransigency and evasiveness — which do not erase the fact that the Soviet Union, because of a strained economy, an expectant population, fears of Chinese potential, and interest in the colonial revolution, is increasingly disposed to real disarmament with real controls. But there is, too, our own reluctance to face the uncertain world beyond the Cold War, our own shocking assumption that the risks of the present are fewer than the risks of a policy re-orientation to disarmament, our own unwillingness to face the implementation of our rhetorical commitments to peace and freedom.

Today the world alternatively drifts and plunges towards a terrible war

* when vision and change are required, our government pursues a policy of macabre dead-end dimensions — conditioned, but not justified, by actions of the Soviet bloc. Ironically, the war which seems to close will not be fought between the United States and Russia, not externally between two national entities, but as an international civil war throughout the unrespected and unprotected human civitas which spans the world.

The Colonial Revolution

While weapons have accelerated man’s opportunity for self-destruction, the counter-impulse to life and creation are superbly manifest in the revolutionary feelings of many Asian, African and Latin American peoples. Against the individual initiative and aspiration, and social sense of organicism characteristic of these upsurges, the American apathy and stalemate stand in embarrassing contrast.

It is difficult today to give human meaning to the welter of facts that surrounds us. That is why it is especially hard to understand the facts of “underdevelopment”: in India, man and beast together produced 65 percent of the nation’s economic energy in a recent year, and of the remaining 35 percent of inanimately produced power almost three-fourths was obtained by burning dung. But in the United States, human and animal power together account for only one percent of the national economic energy — that is what stands humanly behind the vague term “industrialization”. Even to maintain the misery of Asia today at a constant level will require a rate of growth tripling the national income and the aggregate production in Asian countries by the end of the century. For Asians to have the (unacceptable) 1950 standard of Europeans, less than $2,000 per year for a family, national production must increase 21-fold by the end the century, and that monstrous feat only to reach a level that Europeans find intolerable.

What has America done? During the years 1955-57 our total expenditures in economic aid were equal to one-tenth of one percent of our total Gross National Product. Prior to that time it was less; since then it has been a fraction higher. Immediate social and economic development is needed — we have helped little, seeming to prefer to create a growing gap between “have” and “have not” rather than to usher in social revolutions which would threaten our investors and out military alliances. The new nations want to avoid power entanglements that will open their countries to foreign domination — and we have often demanded loyalty oaths. They do not see the relevence of uncontrolled free enterprise in societies without accumulated capital and a significant middle class — and we have looked calumniously on those who would not try “our way”. They seek empathy — and we have sided with the old colonialists, who now are trying to take credit for “giving” all the freedom that has been wrested from them, or we “empathize” when pressure absolutely demands it.

With rare variation, American foreign policy in the Fifties was guided by a concern for foreign investment and a negative anti-communist political stance linked to a series of military alliances, both undergirded by military threat. We participated unilaterally — usually through the Central Intelligence Agency — in revolutions against governments in Laos, Guatemala, Cuba, Egypt, Iran. We permitted economic investment to decisively affect our foreign policy: fruit in Cuba, oil in the Middle East, diamonds and gold in South Africa (with whom we trade more than with any African nation). More exactly: America’s “foreign market” in the late Fifties, including exports of goods and services plus overseas sales by American firms, averaged about $60 billion annually. This represented twice the investment of 1950, and it is predicted that the same rates of increase will continue. The reason is obvious: Fortune said in 1958, “foreign earnings will be more than double in four years, more than twice the probable gain in domestic profits”. These investments are concentrated primarily in the Middle East and Latin America, neither region being an impressive candidate for the long-run stability, political caution, and lower-class tolerance that American investors typically demand.

Our pugnacious anti-communism and protection of interests has led us to an alliance inappropriately called the “Free World”. It included four major parliamentary democracies: ourselves, Canada, Great Britain, and India. It also has included through the years Batista, Franco, Verwoerd, Salazar, De Gaulle, Boun Oum, Ngo Diem, Chiang Kai Shek, Trujillo, the Somozas, Saud, Ydigoras — all of these non-democrats separating us deeply from the colonial revolutions.

Since the Kennedy administration began, the American government seems to have initiated policy changes in the colonial and underdeveloped areas. It accepted “neutralism” as a tolerable principle; it sided more than once with the Angolans in the United Nations; it invited Souvanna Phouma to return to Laos after having overthrown his neutralist government there; it implemented the Alliance for Progress that President Eisenhower proposed when Latin America appeared on the verge of socialist revolutions; it made derogatory statements about the Trujillos; it cautiously suggested that a democratic socialist government in British Guiana might be necessary to support; in inaugural oratory, it suggested that a moral imperative was involved in sharing the world’s resources with those who have been previously dominated. These were hardly sufficient to heal the scars of past activity and present associations, but nevertheless they were motions away from the Fifties. But quite unexpectedly, the President ordered the Cuban invations, and while the American press railed about how we had been “shamed” and defied by that “monster Castro,” the colonial peoples of the world wondered whether our foreign policy had really changed from its old imperialist ways (we had never supported Castro, even on the eve of his taking power, and had announced early that “the conduct of the Castro government toward foreign private enterprise in Cuba” would be a main State Department concern). Any heralded changes in our foreign policy are now further suspect in the wake of the Punta Del Este foreign minister’s conference where the five countries representing most of Latin America refused to cooperate in our plans to further “isolate” the Castro government.

Ever since the colonial revolution began, American policy makers have reacted to new problems with old “gunboat” remedies, often thinly disguised. The feeble but desirable efforts of the Kennedy administration to be more flexible are coming perhaps too late, and are of too little significance to really change the historical thrust of our policies. The hunger problem is increasing rapidly mostly as a result of the worldwide population explosion that cancels out the meager triumphs gained so far over starvation. The threat of population to economic growth is simply documented: in 1960-70 population in Africa south of the Sahara will increase 14 percent; in South Asia and the Far East by 22 percent; in North Africa 26 percent; in the Middle East by 27 percent; in Latin America 29 percent. Population explosion, no matter how devastating, is neutral. But how long will it take to create a relation of thrust between America and the newly-developing societies? How long to change our policies? And what length of time do we have?

The world is in transformation. But America is not. It can race to industrialize the world, tolerating occasional authoritarianisms, socialisms, neutralisms along the way — or it can slow the pace of the inevitable and default to the eager and self-interested Soviets and, much more importantly, to mankind itself. Only mystics would guess we have opted thoroughly for the first. Consider what our people think of this, the most urgent issue on the human agenda. Fed by a bellicose press, manipulated by economic and political opponents of change, drifting in their own history, they grumble about “the foreign aid waste”, or about “that beatnik down in Cuba”, or how “things will get us by” . . . thinking confidently, albeit in the usual bewilderment, that Americans can go right on like always, five percent of mankind producing forty percent of its goods.

Anti-Communism

An unreasoning anti-communism has become a major social problem for those who want to construct a more democratic America. McCarthyism and other forms of exaggerated and conservative anti-communism seriously weaken democratic institutions and spawn movements contrary to the interests of basic freedoms and peace. In such an atmosphere even the most intelligent of Americans fear to join political organizations, sign petitions, speak out on serious issues. Militaristic policies are easily “sold” to a public fearful of a democratic enemy. Political debate is restricted, thought is standardized, action is inhibited by the demands of “unity” and “oneness” in the face of the declared danger. Even many liberals and socialists share static and repititious participation in the anti-communist crusade and often discourage tentative, inquiring discussion about “the Russian question” within their ranks — often by employing “stalinist”, “stalinoid”, trotskyite” and other epithets in an oversimplifying way to discredit opposition.

Thus much of the American anti-communism takes on the characteristics of paranoia. Not only does it lead to the perversion of democracy and to the political stagnation of a warfare society, but it also has the unintended consequence of preventing an honest and effective approach to the issues. Such an approach would require public analysis and debate of world politics. But almost nowhere in politics is such a rational analysis possible to make.

It would seem reasonable to expect that in America the basic issues of the Cold War should be rationally and fully debated, between persons of every opinion — on television, on platforms and through other media. It would seem, too, that there should be a way for the person or an organization to oppose communism without contributing to the common fear of associations and public actions. But these things do not happen; instead, there is finger-pointing and comical debate about the most serious of issues. This trend of events on the domestic scene, towards greater irrationality on major questions, moves us to greater concern than does the “internal threat” of domestic communism. Democracy, we are convinced, requires every effort to set in peaceful opposition the basic viewpoints of the day; only by conscious, determined, though difficult, efforts in this direction will the issue of communism be met appropriately.

Communism and Foreign Policy

As democrats we are in basic opposition to the communist system. The Soviet Union, as a system, rests on the total suppression of organized opposition, as well as on a vision of the future in the name of which much human life has been sacrificed, and numerous small and large denials of human dignity rationalized. The Communist Party has equated falsely the “triumph of true socialism” with centralized bureaucracy. The Soviet state lacks independent labor organizations and other liberties we consider basic. And despite certain reforms, the system remains almost totally divorced from the image officially promulgated by the Party. Communist parties throughout the rest of the world are generally undemocratic in internal structure and mode of action. Moreover, in most cases they subordinate radical programs to requirements of Soviet foreign policy. The communist movement has failed, in every sense, to achieve its stated intentions of leading a worldwide movement for human emancipation.

But present trends in American anti-communism are not sufficient for the creation of appropriate policies with which to relate to and counter communist movements in the world. In no instance is this better illustrated than in our basic national policy-making assumption that the Soviet Union is inherently expansionist and aggressive, prepared to dominate the rest of the world by military means. On this assumption rests the monstrous American structure of military “preparedness”; because of it we sacrifice values and social programs to the alleged needs of military power.

But the assumption itself is certainly open to question and debate. To be sure, the Soviet state has used force and the threat of force to promote or defend its perceived national interests. But the typical American response has been to equate the use of force — which in many cases might be dispassionately interpreted as a conservative, albeit brutal, action — with the initiation of a worldwide military onslaught. In addition, the Russian-Chinese conflicts and the emergency !! throughout the communist movement call for a re-evaluation of any monolithic interpretations. And the apparent Soviet disinterest in building a first-strike arsenal of weapons challenges the weight given to protection against surprise attack in formulations of American policy toward the Soviets.

Almost without regard to one’s conception of the dynamics of Soviet society and foreign policy, it is evident that the American military response has been more effective in deterring the growth of democracy than communism. Moreover, our prevailing policies make difficult the encouragement of skepticism, anti-war or pro-democratic attitudes in the communist systems. America has done a great deal to foment the easier, opposite tendency in Russia: suspicion, suppression, and stiff military resistance. We have established a system of military alliances which of even dubious deterrence value. It is reasonable of suggest the “Berlin” and “Laos” have been earth-shaking situations partly because rival systems of deterrence make impossible the withdrawal of threats. The “status quo” is not cemented by mutual threat but by mutual fear of receeding from pugnacity — since the latter course would undermine the “credibility” of our deterring system. Simultaneously, while billions in military aid were propping up right-wing Laotian, Formosan, Iranian and other regimes, American leadership never developed a purely political policy for offering concrete alternatives to either communism or the status quo for colonial revolutions. The results have been: fulfillment of the communist belief that capitalism is stagnant, its only defense being dangerous military adventurism; destabilizing incidents in numerous developing countries; an image of America allied with corrupt oligarchies counterposed to the Russian-Chinese image of rapid, though brutal, economic development. Again and again, America mistakes the static area of defense, rather than the dynamic area of development, as the master need of two-thirds of mankind.

Our paranoia about the Soviet Union has made us incapable of achieving agreements absolutely necessary for disarmament and the preservation of peace. We are hardly able to see the possibility that the Soviet Union, though not “peace loving”, may be seriously interested in disarmament.

Infinite possibilities for both tragedy and progress lie before us. On the one hand, we can continue to be afraid, and out of fear commit suicide. On the other hand, we can develop a fresh and creative approach to world problems which will help to create democracy at home and establish conditions for its growth elsewhere in the world.

Discrimination

Our America is still white.

Consider the plight, statistically, of its greatest nonconformists, the “nonwhites” (a Census Bureau designation).

1. Literacy: One of every four “nonwhites” is functionally illiterate; half do not complete elementary school; one in five finishes high school or better. But one in twenty whites is functionally illiterate; four of five finish elementary school; half go through high school or better.

2. Salary: In 1959 a “nonwhite” worker could expect to average $2,844 annually; a “nonwhite” family, including a college-educated father, could expect to make $5,654 collectively. But a white worker could expect to make $4,487 if he worked alone; with a college degree and a family of helpers he could expect $7,373. The approximate Negro-white wage ratio has remained nearly level for generations, with the exception of the World War II employment “boom” which opened many better jobs to exploited groups.

3. Work: More than half of all “nonwhites” work at laboring or service jobs, including one-fourth of those with college degrees; one in 20 works in a professional or managerial capacity. Fewer than one in five of all whites are laboring or service workers, including one in every 100 of the college-educated; one in four is in professional or managerial work.

4. Unemployment: Within the 1960 labor force of approximately 72 million, one of every 10 “nonwhites” was unemployed. Only one of every 20 whites suffered that condition.

5. Housing: The census classifies 57 percent of all “nonwhite” houses substandard, but only 27 percent of white-owned units so exist.

6. Education: More than fifty percent of America’s “nonwhite” high school students never graduate. The vocational and professional spread of curriculum categories offered “nonwhites” is 16 as opposed to the 41 occupations offered to the white student. Furthermore, in spite of the 1954 Supreme Court decision, 80 percent of all “nonwhites” educated actually, or virtually, are educated under segregated conditions. And only one of 20 “nonwhite” students goes to college as opposed to the 1:10 ratio for white students.

7. Voting: While the white community is registered above two-thirds of its potential, the “nonwhite” population is registered below one-third of its capacity (with even greater distortion in areas of the Deep South).

Even against this background, some will say progress is being made. The facts bely it, however, unless it is assumed that America has another century to deal with its racial inequalities. Others, more pompous, will blame the situation on “those people’s inability to pick themselves up”, not understanding the automatic way in which such a system can frustrate reform efforts and diminish the aspirations of the oppressed. The one-party system in the South, attached to the Dixiecrat-Republican complex nationally, cuts off the Negro’s independent powers as a citizen. Discrimination in employment, along with labor’s accomodation to the “lily-white” hiring practises, guarantees the lowest slot in the economic order to the “nonwhite.” North or South, these oppressed are conditioned by their inheritance and their surroundings to expect more of the same: in housing, schools, recreation, travel, all their potential is circumscribed, thwarted and often extinguished. Automation grinds up job opportunities, and ineffective or non-existent retraining programs make the already-handicapped “nonwhite” even less equipped to participate in “technological progress.”

Horatio Alger Americans typically believe that the “nonwhites” are being “accepted” and “rising” gradually. They see more Negroes on television and so assume that Negroes are “better off”. They hear the President talking about Negroes and so assume they are politically represented. They are aware of black peoples in the United Nations and so assume that the world is generally moving toward integration. They don’t drive through the South, or through the slum areas of the big cities, so they assume that squalor and naked exploitation are disappearing. They express generalities about “time and gradualism” to hide the fact that they don’t know what is happening.

The advancement of the Negro and other “nonwhites” in America has not been altogether by means of the crusades of liberalism, but rather through unavoidable changes in social structure. The economic pressures of World War II opened new jobs, new mobility, new insights to Southern Negroes, who then began great migrations from the South to the bigger urban areas of the North where their absolute wage was greater, though unchanged in relation to the white man of the same stratum. More important than the World War II openings was the colonial revolution. The world-wide upsurge of dark peoples against white colonial domination stirred the separation and created an urgancy among American Negroes, while simultaneously it threatened the power structure of the United States enough to produce concessions to the Negro. Produced by outer pressure from the newly-moving peoples rather than by the internal conscience of the Federal government, the gains were keyed to improving the American “image” more than to reconstructing the society that prospered on top of its minorities. Thus the historic Supreme Court decision of 1954, theoretically desegregating Southern schools, was more a proclamation than a harbinger of social change — and is reflected as such in the fraction of Southern school districts which have desegregated, with Federal officials doing little to spur the process.

It has been said that the Kennedy administration did more in two years than the Eisenhower administration did in eight. Of this there can be no doubt. But it is analogous to comparing whispers to silence when positively stentorian tones are demanded. President Kennedy lept ahead of the Eisenhower record when he made his second reference to the racial problem; Eisenhower did not utter a meaningful public statement until his last month in office when he mentioned the “blemish” of bigotry.

To avoid conflict with the Dixiecrat-Republican alliance, President Kennedy has developed a civil rights philosophy of “enforcement, not enactment”, implying that existing statuatory tools are sufficient to change the lot of the Negro. So far he has employed executive power usefully to appoint Negroes to various offices, and seems interested in seeing the Southern Negro registered to vote. On the other hand, he has appointed at least four segregationist judges in areas where voter registration is a desperate need. Only two civil rights bills, one to abolish the poll tax in five states and another to prevent unfair use of literacy tests in registration, have been proposed — the President giving active support to neither. But even this legislation, lethargically supported, then defeated, was intended to extend only to Federal elections. More important, the Kennedy interest in voter registration has not been supplemented with interest in giving the Southern Negro the economic protection that only trade unions can provide. It seems evident that the President is attempting to win the Negro permanently to the Democratic Party without basically disturbing the reactionary one-party oligarchy in the South. Moreover, the administration is decidedly “cool” (a phrase of Robert Kennedy’s) toward mass nonviolent movements in the South, though by the support of racist Dixiecrats the Administration makes impossible gradual action through conventional channels. The Federal Bureau of Investigation in the South is composed of Southerners and their intervention in situations of racial tension is always after the incident, not before. Kennedy has refused to “enforce” the legal prerogative to keep Federal marshals active in Southern areas before, during and after any “situations” (this would invite Negroes to exercise their rights and it would infuriate the Southerners in Congress because of its “insulting” features).

While corrupt politicians, together with business interests happy with the absence of organized labor in Southern states and with the $50 billion in profits that results from paying the Negro half a “white wage”, stymie and slow fundamental progress, it remains to be appreciated that the ultimate wages of discrimination are paid by individuals and not by the state. Indeed the other sides of the economic, political and sociological coins of racism represent their more profound implications in the private lives, liberties and pursuits of happiness of the citizen. While hungry nonwhites the world around assume rightful dominance, the majority of Americans fight to keep integrated housing out of the suburbs. While a fully interracial world becomes a biological probability, most Americans persist in opposing marriage between the races. While cultures generally interpenetrate, white America is ignorant still of nonwhite America — and perhaps glad of it. The white lives almost completely within his immediate, close-up world where things are tolerable, there are no Negroes except on the bus corner going to and from work, and where it is important that daughter marry right. White, like might, makes right in America today. Not knowing the “nonwhite”, however, the white knows something less than himself. Not comfortable around “different people”, he reclines in whiteness instead of preparing for diversity. Refusing to yield objective social freedoms to the “nonwhite”, the white loses his personal subjective freedom by turning away “from all these damn causes.”

White American ethnocentrism at home and abroad reflect most sharply the self-deprivation suffered by the majority of our country which effectively makes it an isolated minority in the world community of culture and fellowship. The awe inspired by the pervasiveness of racism in American life is only matched by the marvel of its historical span in American traditions. The national heritage of racial discrimination via slavery has been a part of America since Christopher Columbus’ advent on the new continent. As such, racism not only antedates the Republic and the thirteen Colonies, but even the use of the English language in this hemisphere. And it is well that we keep this as a background when trying to understand why racism stands as such a steadfast pillar in the culture and custom of the country. Racial-xenophobia is reflected in the admission of various racial stocks to the country. From the nineteenth century Oriental Exclusion Acts to the most recent up-dating of the Walter-McCarren Immigration Acts the nation has shown a continuous contemptuous regard for “nonwhites.” More recently, the tragedies of Hiroshima and Korematsu, and our cooperation with Western Europe in the United Nations add treatment to the thoroughness of racist overtones in national life.

But the right to refuse service to anyone is no longer reserved to the Americans. The minority groups, internationally, are changing place.

WHAT IS NEEDED?

How to end the Cold War? How to increase democracy in America? These are the decisive issues confronting liberal and socialist forces today. To us, the issues are intimately related, the struggle for one invariably being a struggle for the other. What policy and structural alternatives are needed to obtain these ends?

1. Universal controlled disarmament must replace deterrence and arms control as the national defense goal. The strategy of mutual threat can only temporarily prevent thermonuclear war, and it cannot but erode democratic institutions here while consolidating oppressive institutions in the Soviet Union. Yet American leadership, while giving rhetorical due to the ideal of disarmament, persists in accepting mixed deterrence as its policy formula: under Kennedy we have seen first-strike and second-strike weapons, counter-military and counter-population inventions, tactical atomic weapons and guerilla warriors, etc. The convenient rationalization that our weapons potpourri will confuse the enemy into fear of misbehaving is absurd and threatening. Our own intentions, once clearly retaliatory, are now ambiguous since the President has indicated we might in certain circumstances be the first to use nuclear weapons. We can expect that Russia will become more anxious herself, and perhaps even prepare to “preempt” us, and we (expecting the worst from the Russians) will nervously consider “preemption” ourselves. The symmetry of threat and counter-threat lead not to stability but to the edge of hell.

It is necessary that America make disarmament, not nuclear deterrence, “credible” to the Soviets and to the world. That is, disarmament should be continually avowed as a national goal; concrete plans should be presented at conference tables; real machinery for a disarming and disarmed world — national and international — should be created while the disarming process itself goes on. The long-standing idea of unilateral initiative should be implemented as a basic feature of American disarmament strategy: initiatives that are graduated in their ~~~ potential, accompanied by invitations to reciprocate when done regardless of reciprocation, openly ~~~ significant period of future time. Their ~~~ should not be to strip America of weapon, ~~~ produce a climate in which disarmament can be ~~~ with less mutual hostility and threat. They might include: a unilateral nuclear test moratorium, withdrawal of several bases near the Soviet Union, proposals to experiment in disarmament by stabilization of zone of controversy; cessation of all apparent first-strike preparations, such as the development of 41 Polaris by 1963 while naval theorists state that about 45 constitutes a provocative force; inviting a special United Nations agency to observe and inspect the launchings of all American flights into outer space; and numerous others.

There is no simple formula for the content of an actual disarmament treaty. It should be phased: perhaps on a region-by-region basis, the conventional weapons first. It should be conclusive, not open-ended, in its projection. It should be controlled: national inspection systems are adequate at first, but should be soon replaced by international devices and teams. It should be more than denuding: world or at least regional enforcement agencies, an international civil service and inspection service, and other supranational groups must come into reality under the United Nations.

2. Disarmament should be see as a political issue, not a technical problem. Should this year’s Geneva negotiations have resulted (by magic) in a disarmament agreement, the United States Senate would have refused to ratify it, a domestic depression would have begun instantly, and every fiber of American life would be wrenched drastically: these are indications not only of our unpreparedness for disarmament, but also that disarmament is not “just another policy shift.” Disarmament means a deliberate shift in most of our domestic and foreign policy.

1. It will involve major changes in economic direction. Government intervention in new areas, government regulation of certain industrial price and investment practices to prevent inflation, full use of national productive capacities, and employment for every person in a dramatically expanding economy all are to be expected as the “price” of peace.

2. It will involve the simultaneous creation of international rulemaking and enforcement machinery beginning under the United Nations, and the gradual transfer of sovereignties — such as national armies and national determination of “international” law — to such machinery.

3. It will involve the initiation of an explicitly political — as opposed to military — foreign policy on the part of the two major superstates. Neither has formulated the political terms in which they would conduct their behavior in a disarming or disarmed world. Neither dares to disarm until such an understanding is reached.

4. A crucial feature of this political understanding must be the acceptance of status quo possessions. According to the universality principle all present national entities — including the Vietnams, the Koreans, the Chinas, and the Germanys — should be members of the United Nations as sovereign, no matter how desirable, states.

Russia cannot be expected to negotiate disarmament treaties for the Chinese. We should not feed Chinese fanaticism with our encirclement but Chinese stomachs with the aim of making war contrary to Chinese policy interests. Every day that we support anti-communist tyrants but refuse to even allow the Chinese Communists representation in the United Nations marks a greater separation of our ideals and our actions, and it makes more likely bitter future relations with the Chinese.

Second, we should recognize that an authoritarian Germany’s insistence on reunification, while knowing the impossibility of achieving it with peaceful means, could only generate increasing frustrations among the population and nationalist sentiments which frighten its Eastern neighbors who have historical reasons to suspect Germanic intentions. President Kennedy himself told the editor of Izvestia that he fears an independent Germany with nuclear arms, but American policies have not demonstrated cognisance of the fact that Chancellor Adenauer too, is interested in continued East-West tensions over the Germany and Berlin problems and nuclear arms precisely because this is the rationale for extending his domestic power and his influence upon the NATO-Common Market alliance.

A world war over Berlin would be absurd. Anyone concurring with such a proposition should demand that the West cease its contradictory advocacy of “reunification of Germany through free elections” and “a rearmed Germany in NATO”. It is a dangerous illusion to assume that Russia will hand over East Germany to a rearmed re-united Germany which will enter the Western camp, although this Germany might have a Social Democratic majority which could prevent a reassertion of German nationalism. We have to recognize that the cold war and the incorporation of Germany into the two power blocs was a decision of both Moscow and Washington, of both Adenauer and Ulbricht. The immediate responsibility for the Berlin wall is Ulbricht’s. But it had to be expected that a regime which was bad enough to make people flee is also bad enough to prevent them from fleeing. The inhumanity of the Berlin wall is an ironic symbol of the irrationality of the cold war, which keeps Adenauer and Ulbricht in power. A reduction of the tension over Berlin, if by internationalization or by recognition of the status quo and reducing provocations, is a necessary but equally temporary measure which could not ultimately reduce the basic cold war tension to which Berlin owes its precarious situation. The Berlin problem cannot be solved without reducing tensions in Europe, possibly by a bilateral military disengagement and creating a neutralized buffer zone. Even if Washington and Moscow were in favor disengagement, both Adenauer and Ulbricht would never agree to it because cold war keeps their parties in power.

Until their regimes’ departure from the scene of history, the Berlin status quo will have to be maintained while minimizing the tensions necessarily arising from it. Russia cannot expect the United States to tolerate its capture by the Ulbricht regime, but neither can America expect to be in a position to indefinitely use Berlin as a fortress within the communist world. As a fair and bilateral disengagement in Central Europe seems to be impossible for the time being, a mutual recognition of the Berlin status quo, that is, of West Berlin’s and East Germany’s security, is needed. And it seems to be possible, although the totalitarian regime of East Germany and the authoritarian leadership of West Germany until now succeeded in frustrating all attempts to minimize the dangerous tensions of cold war.

The strategy of securing the status quo of the two power blocs until it is possible to depolarize the world by creating neutralist regions in all trouble zones seems to be the only way to guarantee peace at this time.

4. Experiments in disengagement and demilitarization must be conducted as part of the total disarming process. These “disarmament experiments” can be of several kinds, so long as they are consistent with the principles of containing the arms race and isolating specific sectors of the world from the Cold War power-play. First, it is imperative that no more nations be supplied with, or locally produce, nuclear weapons. A 1959 report of the National Academy of Arts and Sciences predicted that 19 nations would be so armed in the near future. Should this prediction be fulfilled, the prospects of war would be unimaginably expanded. For this reason the United States, Great Britain and the Soviet Union should band against France (which wants its own independent deterrent) and seek, through United Nations or other machinery, the effective prevention of the spread of atomic weapons. This would involve not only declarations of “denuclearization” in whole areas of Latin America, Africa, Asia and Europe, but would attempt to create inspection machinery to guarantee the peaceful use of atomic energy.

Second, the United States should reconsider its increasingly outmoded European defense framework, the North Atlantic Treaty Organization. Since its creation in 1949, NATO has assumed increased strength in overall determination of Western military policy, but has become less and less relevant to its original purpose, which was the defense of Central Europe. To be sure, after the Czech coup of 1948, it might have appeared that the Soviet Union was on the verge of a full-scale assault on Europe. But that onslaught has not materialized, not so much because of NATO’s existence but because of the general unimportance of much of Central Europe to the Soviets. Today, when even American-based ICBMs could smash Russia minutes after an invasion of Europe, when the Soviets have no reason to embark on such an invasion, and when “thaw sectors” are desperately needed to brake the arms race, one of at least threatening but most promising courses for American would be toward the gradual diminishment of the NATO forces, coupled with the negotiated “disengagement” of parts of Central Europe.

It is especially crucial that this be done while America is entering into favorable trade relations with the European Economic Community: such a gesture, combining economic ambition with less dependence on the military, would demonstrate the kind of competitive “co-existence” America intends to conduct with the communist-bloc nations. If the disengaged states were the two Germanies, Poland and Czechoslovakia, several other benefits would accrue. First, the United States would be breaking with the lip-service commitment to “liberation” of Eastern Europe which has contributed so much to Russian fears and intransigence, while doing too little about actual liberation. But the end of “liberation” as a proposed policy would not signal the end of American concern for the oppressed in East Europe. On the contrary, disengagement would be a real, rather than a rhetorical, effort to ease military tensions, thus undermining the Russian argument for tighter controls in East Europe based on the “menace of capitalist encirclement”. This policy, geared to the needs of democratic elements in the satellites, would develop a real bridge between East and West across the two most pro-Western Russian satellites. The Russians in the past have indicated some interest in such a plan, including the demilitarization of the Warsaw pact countries. Their interest should be publicly tested. If disengagement could be achieved, a major zone could be removed from the Cold War, the German problem would be materially diminished, and the need for NATO would diminish, and attitudes favorable to disarming would be generated.

Needless to say, those proposals are much different than what is currently being practised and praised. American military strategists are slowly acceeding to the NATO demand for an independent deterrent, based on the fear that America might not defend Europe from military attack. These tendencies strike just the opposite chords in Russia than those which would be struck by disengagement themes: the chords of military alertness, based on the fact that NATO (bulwarked by the German Wehrmacht) is preparing to attack Eastern Europe or the Soviet Union. Thus the alarm which underlies the NATO proposal for an independent deterrent is likely itself to bring into existence the very Russian posture that was the original cause of fear. Armaments spiral and belligerence will carry the day, not disengagement and negotiation.

The Industrialization of the World

Many Americans are prone to think of the industrialization of the newlydeveloped countries as a modern form of American noblesse, undertaken sacrificially for the benefit of others. On the contrary, the task of world industrialization, of eliminating the disparity between have and have-not nations, is as important as any issue facing America. The colonial revolution signals the end of an era for the old Western powers and a time of new beginnings for most of the people of the earth. In the course of these upheavals, many problems will emerge: American policies must be revised or accelerated in several ways.

1. The United States’ principal goal should be creating a world where hunger, poverty, disease, ignorance, violence, and exploitation are replaced as central features by abundance, reason, love, and international cooperation. To many this will seem the product of juvenile hallucination: but we insist it is a more realistic goal than is a world of nuclear stalemate. Some will say this is a hope beyond all bounds: but is far better to us to have positive vision than a “hard headed” resignation. Some will sympathize, but claim it is impossible: if so, then, we, not Fate, are the responsible ones, for we have the means at our disposal. We should not give up the attempt for fear of failure.

2. We should undertake here and now a fifty-year effort to prepare for all nations the conditions of industrialization. Even with far more capital and skill than we now import to emerging areas, serious prophets expect that two generations will pass before accelerating industrialism is a worldwide act. The needs are numerous: every nation must build an adequate intrastructure (transportation, communication, land resources, waterways) for future industrial growth; there must be industries suited to the rapid development of differing raw materials and other resources; education must begin on a continuing basis for everyone in the society, especially including engineering and technical training; technical assistance from outside sources must be adequate to meet present and long-term needs; atomic power plants must spring up to make electrical energy available. With America’s idle productive capacity, it is possible to begin this process immediately without changing our military allocations. This might catalyze a “peace race” since it would demand a response of such magnitude from the Soviet Union that arms spending and “coexistence” spending would become strenuous, perhaps impossible, for the Soviets to carry on simultaneously.

3. We should not depend significantly on private enterprise to do the job. Many important projects will not be profitable enough to entice the investment of private capital. The total amount required is far beyond the resources of corporate and philanthropic concerns. The new nations are suspicious, legitimately, of foreign enterprises dominating their national life. World industrialization is too huge an undertaking to be formulated or carried out by private interests. Foreign economic assistance is a national problem, requiring long range planning, integration with other domestic and foreign policies, and considerable public debate and analysis. Therefore the Federal government should have primary responsibility in this area.

4. We should not lock the development process into the Cold War: we should view it as a way of ending that conflict. When President Kennedy declared that we must aid those who need aid because it is right, he was unimpeachably correct — now principle must become practice. We should reverse the trend of aiding corrupt anti-communist regimes. To support dictators like Diem while trying to destroy ones like Castro will only enforce international cynicism about American “principle”, and is bound to lead to even more authoritarian revolutions, especially in Latin America where we did not even consider foreign aid until Castro had challenged the status quo. We should end the distinction between communist hunger and anti-communist hunger. To feed only anticommunists is to directly fatten men like Boun Oum, to incur the wrath of real democrats, and to distort our own sense of human values. We must cease seeing development in terms of communism and capitalism. To fight communism by capitalism in the newly-developing areas is to fundamentally misunderstand the international hatred of imperialism and colonialism and to confuse and needs of 19th century industrial America with those of contemporary nations.

Quite fortunately, we are edging away from the Dullesian “either-or” foreign policy ultimatum towards an uneasy acceptance of neutralism and nonalignment. If we really desire the end of the Cold War, we should now welcome nonalignment — that is, the creation of whole blocs of nations concerned with growth and with independently trying to break out of the Cold War apparatus.

Finally, while seeking disarmament as the genuine deterrent, we should shift from financial support of military regimes to support of national development. Real security cannot be gained by propping up military defenses, but only through the hastening of political stability, economic growth, greater social welfare, improved education. Military aid is temporary in nature, a “shoring up” measure that only postpones crisis. In addition, it tends to divert the allocations of the nation being defended to supplementary military spending (Pakistan’s budget is 70% oriented to defense measures). Sometimes it actually creates crisis situations, as in Latin America where we have contributed to the growth of national armies which are opposed generally to sweeping democratization. Finally, if we are really generous, it is harder for corrupt governments to exploit unfairly economic aid — especially if it is to plentiful that rulers cannot blame the absence of real reforms on anything but their own power lusts.

5. America should show its commitment to democratic institutions not by withdrawing support from undemocratic regimes, but by making domestic democracy exemplary. Worldwide amusement, cynicism and hatred toward the United States as a democracy is not simply a communist propaganda trick, but an objectively justifiable phenomenon. If respect for democracy is to be international, then the significance of democracy must emanate from America shores, not from the “soft sell” of the United States Information Agency.

6. America should agree that public utilities, railroads, mines, and plantations, and other basic economic institutions should be in the control of national, not foreign, agencies. The destiny of any country should be determined by its nationals, not by outsiders with economic interests within. We should encourage our investors to turn over their foreign holdings (or at least 50% of the stock) to the national governments of the countries involved.

7. Foreign aid should be given through international agencies, primarily the United Nations. The need is to eliminate political overtones, to the extent possible, from economic development. The use of international agencies, with interests transcending those of American or Russian self-interest, is the feasible means of working on sound development. Second, internationalization will allow more long-range planning, integrate development plans adjacent countries and regions may have, and eliminate the duplication built into national systems of foreign aid. Third, it would justify more strictness of supervision than is now the case with American foreign aid efforts, but with far less chance of suspicion on the part of the developing countries. Fourth, the humiliating “hand-out” effect would be replaced by the joint participation of all nations in the general development of the earth’s resources and industrial capacities. Fifth, it would eliminate national tensions, e.g. between Japan and some Southeast Asian areas, which now impair aid programs by “disguising” nationalities in the common pooling of funds. Sixth, it would make easier the task of stabilizing the world market prices of basic commodities, alleviating the enormous threat that decline in prices of commodity exports might cancel out the gains from foreign aid in the new nations. Seventh, it would improve the possibilities of non-exploitative development, especially in creating “soft-credit” rotating-fund agencies which would not require immediate progress or financial return. Finally, it would enhance the importance of the United Nations itself, as the disarming process would enhance the UN as a rule-enforcement agency.

8. Democratic theory must confront the problems inherent in social revolutions. For Americans concerned with the development of democratic societies, the anti-colonial movements and revolutions in the emerging nations pose serious problems. We need to face these problems with humility: after 180 years of constitutional government we are still striving for democracy in our own society. We must acknowledge that democracy and freedom do not magically occur, but have roots in historical experience; they cannot always be demanded for any society at any time, but must be nurtured and facilitated. We must avoid the arbitrary projection of Anglo-Saxon democratic forms onto different cultures. Instead of democratic capitalism we should anticipate more or less authoritarian variants of socialism and collectivism in many emergent societies.

But we do not abandon our critical faculties. Insofar as these regimes represent a genuine realization of national independence, and are engaged in constructing social systems which allow for personal meaning and purpose where exploitation once was, economic systems which work for the people where once they oppressed them, and political systems which allow for the organization and expression of minority opinion and dissent, we recognize their revolutionary and positive character. Americans can contribute to the growth of democracy in such societies not by moralizing, nor by indiscriminate prejudgment, but by retaining a critical identification with these nations, and by helping them to avoid external threats to their independence. Together with students and radicals in these nations we need to develop a reasonable theory of democracy which is concretely applicable to the cultures and conditions of hungry people.

TOWARDS AMERICAN DEMOCRACY

Every effort to end the Cold War and expand the process of world industrialization is an effort hostile to people and institutions whose interests lie in perpetuation of the East-West military threat and the postponement of change in the “have not” nations of the world. Every such effort, too, is bound to establish greater democracy in America. The major goals of a domestic effort would be:

1. America must abolish its political party stalemate. Two genuine parties, centered around issues and essential values, demanding allegiance to party principles shall supplant the current system of organized stalemate which is seriously inadequate to a world in flux. It has long been argued that the very overlapping of American parties guarantees that issues will be considered responsibly, that progress will be gradual instead of intemperate, and that therefore America will remain stable instead of torn by class strife. On the contrary: the enormous party overlap itself confuses issues and makes responsible presentation of choice to the electorate impossible, that guarantees Congressional listlessness and the drift of power to military and economic bureaucracies, that directs attention away from the more fundamental causes of social stability, such as a huge middle class, Keynesian economic techniques and Madison Avenue advertising. The ideals of political democracy, then, the imperative need for flexible decision-making apparatus makes a real two-party system an immediate social necessity. What is desirable is sufficient party disagreement to dramatize major issues, yet sufficient party overlap to guarantee stable transitions from administration to administration.

Every time the President criticizes a recalcitrant Congress, we must ask that he no longer tolerate the Southern conservatives in the Democratic Party. Every time in liberal representative complains that “we can’t expect everything at once” we must ask if we received much of anything from Congress in the last generation. Every time he refers to “circumstances beyond control” we must ask why he fraternizes with racist scoundrels. Every time he speaks of the “unpleasantness of personal and party fighting” we should insist that pleasantry with Dixiecrats is inexcusable when the dark peoples of the world call for American support.

2. Mechanisms of voluntary association must be created through which political information can be imparted and political participation encouraged. Political parties, even if realigned, would not provide adequate outlets for popular involvement. Institutions should be created that engage people with issues and express political preference, not as now with huge business lobbies which exercise undemocratic power, but which carry political influence (appropriate to private, rather than public, groupings) in national decision-making enterprise. Private in nature, these should be organized around single issues (medical care, transportation systems reform, etc.), concrete interest (labor and minority group organizations), multiple issues or general issues. These do not exist in America in quantity today. If they did exist, they would be a significant politicizing and educative force bringing people into touch with public life and affording them means of expression and action. Today, giant lobby representatives of business interests are dominant, but not educative. The Federal government itself should counter the latter forces whose intent is often public deceit for private gain, by subsidizing the preparation and decentralized distribution of objective materials on all public issues facing government.

3. Institutions and practices which stifle dissent should be abolished, and the promotion of peaceful dissent should be actively promoted. The first Amendment freedoms of speech, assembly, thought, religion and press should be seen as guarantees, not threats, to national security. While society has the right to prevent active subversion of its laws and institutions, it has the duty as well to promote open discussion of all issues — otherwise it will be in fact promoting real subversion as the only means to implementing ideas. To eliminate the fears and apathy from national life it is necessary that the institutions bred by fear and apathy be rooted out: the House Un-American Activities Committee, the Senate Internal Security Committee, the loyalty oaths on Federal loans, the Attorney General’s list of subversive organizations, the Smith and McCarren Acts. The process of eliminating these blighting institutions is the process of restoring democratic participation. Their existence is a sign of the decomposition and atrophy of the participation.

4. Corporations must be made publicly responsible. It is not possible to believe that true democracy can exist where a minority utterly controls enormous wealth and power. The influence of corporate elites on foreign policy is neither reliable nor democratic; a way must be found to be subordinate private American foreign investment to a democratically-constructed foreign policy. The influence of the same giants on domestic life is intolerable as well; a way must be found to direct our economic resources to genuine human needs, not the private needs of corporations nor the rigged needs of maneuvered citizenry.

We can no longer rely on competition of the many to insure that business enterprise is responsive to social needs. The many have become the few. Nor can we trust the corporate bureaucracy to be socially responsible or to develop a “corporate conscience” that is democratic. The community of interest of corporations, the anarchic actions of industrial leaders, should become structurally responsible to the people — and truly to the people rather than to an ill-defined and questionable “national interest”. Labor and government as presently constituted are not sufficient to “regulate” corporations. A new re-ordering, a new calling of responsibility is necessary: more than changing “work rules” we must consider changes in the rules of society by challenging the unchallenged politics of American corporations. Before the government can really begin to control business in a “public interest”, the public must gain more substantial control of government: this demands a movement for political as well as economic realignments. We are aware that simple government “regulation”, if achieved, would be inadequate without increased worker participation in management decision-making, strengthened and independent regulatory power, balances of partial and/or complete public ownership, various means of humanizing the conditions and types of work itself, sweeping welfare programs and regional public government authorities. These are examples of measures to re-balance the economy toward public — and individual — control.

5. The allocation of resources must be based on social needs. A truly “public sector” must be established, and its nature debated and planned. At present the majority of America’s “public sector”, the largest part of our public spending, is for the military. When great social needs are so pressing, our concept of “government spending” is wrapped up in the “permanent war economy”.

In fact, if war is to be avoided, the “permanent war economy” must be seen as an “interim war economy”. At some point, America must return to other mechanisms of economic growth besides public military spending. We must plan economically in peace. The most likely, and least desirable, return would be in the form of private enterprise. The undesirability lies in the fact of inherent capitalist instability, noticeable even with bolstering effects of government intervention. In the most recent post-war recessions, for example, private expenditures for plant and equipment dropped from $16 billion to $11.5 billion, while unemployment surged to nearly six million. By good fortune, investments in construction industries remained level, else an economic depression would have occurred. This will recur, and our growth in national per capita living standards will remain unsensational while the economy stagnates. The main private forces of economic expansion cannot guarantee a steady rate of growth, nor acceptable recovery from recession — especially in a demilitarizing world. Government participation in the economy is essential. Such participation will inevitably expand enormously, because the stable growth of the economy demands increasing “public” investments yearly. Our present outpour of more than $500 billion might double in a generation, irreversibly involving government solutions. And in future recessions, the compensatory fiscal action by the government will be the only means of avoiding the twin disasters of greater unemployment and a slackening rate of growth. Furthermore, a close relationship with the European Common Market will involve competition with numerous planned economies and may aggravate American unemployment unless the economy here is expanding swiftly enough to create new jobs.

All these tendencies suggest that not only solutions to our present social needs but our future expansion rests upon our willingness to enlarge the “public sector” greatly. Unless we choose war as an economic solvent, future public spending will be of a non-military nature — a major intervention into civilian production by the government. The issues posed by this development are enormous:

1. How should public vs. private domain be determined? We suggest these criteria: 1) when a resource has been discovered or developed with public tax revenues, such as a space communications system, it should remain a public source, not be given away to private enterprise;

2. when monopolization seems inevitable, the public should maintain control of an industry; 3) when national objectives contradict seriously with business objectives as to the use of the resource, the public need should prevail.

3. How should technological advances be introduced into a society? By a public process, based on publicly-determined needs. Technological innovations should not be postponed from social use by private corporations in order to protect investment in older equipment.

4. How shall the “public sector” be made public, and not the arena of a ruling bureaucracy of “public servants”? By steadfast opposition to bureaucratic coagulation, and to definitions of human needs according to problems easiest for computers to solve. Second, the bureaucratic pileups must be at least minimized by local, regional, and national economic planning — responding to the interconnection of public problems by comprehensive programs of solution. Third, and most important, by experiments in decentralization, based on the vision of man as master of his machines and his society. The personal capacity to cope with life has been reduced everywhere by the introduction of technology that only minorities of men (barely) understand. How the process can be reversed

* and we believe it can be — is one of the greatest sociological and economic tasks before human people today. Polytechnical schooling, with the individual adjusting to several work and life experiences, is one method. The transfer of certain mechanized tasks back into manual forms, allowing men to make whole, not partial, products, is not unimaginable. Our monster cities, based historically on the need for mass labor, might now be humanized, broken into smaller communities, powered by nuclear energy, arranged according to community decision. These are but a fraction of the opportunities of the new era: serious study and deliberate experimentation, rooted in a desire for human fraternity, may now result in blueprints of civic paradise.

5. America should concentrate on its genuine social priorities: abolish squalor, terminate neglect, and establish an environment for people to live in with dignity and creativeness.

6. A program against poverty must be just as sweeping as the nature of poverty itself. It must not be just palliative, but directed to the abolition of the structural circumstances of poverty. At a bare minimum it should include a housing act far larger than the one supported by the Kennedy Administration, but one that is geared more to low-and middleincome needs than to the windfall aspirations of small and large private entrepreneurs, one that is more sympathetic to the quality of communal life than to the efficiency of city-split highways. Second, medical care must become recognized as a lifetime human right just as vital as food, shelter and clothing — the Federal government should guarantee health insurance as a basic social service turning medical treatment into a social habit, not just an occasion of crisis, fighting sickness among the aged, not just by making medical care financially feasible but by reducing sickness among children and younger people. Third, existing institutions should be expanded so the Welfare State cares for everyone’s welfare according to read. Social security payments should be extended to everyone and should be proportionately greater for the poorest. A minimum wage of at least $1.50 should be extended to all workers (including the 16 million currently not covered at all). Equal educational opportunity is an important part of the battle against poverty.

7. A full-scale public initiative for civil rights should be undertaken despite the clamor among conservatives (and liberals) about gradualism, property rights, and law and order. The executive and legislative branches of the Federal government should work by enforcement and enactment against any form of exploitation of minority groups. No Federal cooperation with racism is tolerable — from financing of schools, to the development of Federally-supported industry, to the social gatherings of the President. Laws bastcuing school desegregation, voting rights, and economic protection for Negroes are needed right now. The moral force of the Executive Office should be exerted against the Dixiecrats specifically, and the national complacency about the race question generally. Especially in the North, where one-half of the country’s Negro people now live, civil rights is not a problem to be solved in isolation from other problems. The fight against poverty, against slums, against the stalemated Congress, against McCarthyism, are all fights against the discrimination that is nearly endemic to all areas of American life.

8. The promise and problems of long-range Federal economic development should be studied more constructively. It is an embarrassing paradox that the Tennessee Valley Authority is a wonder to foreign visitors but a “radical” and barely influential project to most Americans. The Kennedy decision to permit private facilities to transmit power from the $1 billion Colorado River Storage Project is a disastrous one, interposing privately-owned transmitters between public-owned power generators and their publicly (and cooperatively) owned distributors. The contracy trend, to public ownership of power, should be generated in an experimental way.

The Area Redevelopment Act of 1961 is a first step in recognizing the underdeveloped areas of the United States, but is only a drop in the bucket financially and is not keyed to public planning and public works on a broad scale, but only to a few loan programs to lure industries and some grants to improve public facilities to “lure industries.” The current public works bill in Congress is needed and a more sweeping, higher priced program of regional development with a proliferation of “TVAs” in such areas as the Appalachian region are needed desperately. It has been rejected by Mississippi already however, because of the improvement it bodes for the unskilled Negro worker. This program should be enlarged, given teeth, and pursued rigorously by Federal authorities.

d. We must meet the growing complex of “city” problems; over 90% of Americans will live in urban areas in the next two decades. Juvenile delinquency, untended mental illness, crime increase, slums, urban tenantry and uncontrolled housing, the isolation of the individual in the city — all are problems of the city and are major symptoms of the present system of economic priorities and lack of public planning. Private property control (the real estate lobby and a few selfish landowners and businesses) is as devastating in the cities as corporations are on the national level. But there is no comprehensive way to deal with these problems now midst competing units of government, dwindling tax resources, suburban escapism (saprophitic to the sick central cities), high infrastructure costs and on one to pay them. The only solutions are national and regional. “Federalism” has thus far failed here because states are rural-dominated; the Federal government has had to operate by bootlegging and trickle-down measures dominated by private interests, and the cities themselves have not been able to catch up with their appendages through annexation or federation. A new external challenge is needed, not just a Department of Urban Affairs but a thorough national program to help the cities. The model city must be projected — more community decision-making and participation, true integration of classes, races, vocations — provision for beauty, access to nature and the benefits of the central city as well, privacy without privatism, decentralized “units” spread horizontally with central, regional, democratic control — provision for the basic facility-needs, for everyone, with units of planned regions and thus public, democratic control over the growth of the civic community and the allocation of resources.

e. Mental health institutions are in dire need; there were fewer mental hospital beds in relation to the numbers of mentally-ill in 1959 than there were in 1948. Public hospitals, too, are seriously wanting; existing structures alone need an estimated $1 billion for rehabilitation. Tremendous staff and faculty needs exist as well, and there are not enough medical students enrolled today to meet the anticipated needs of the future.

f. Our prisons are too often the enforcers of misery. They must be either re-oriented to rehabilitative work through public supervision or be abolished for their dehumanizing social effects. Funds are needed, too, to make possible a decent prison environment.

g. Education is too vital a public problem to be completely entrusted to the province of the various states and local units. In fact, there is no good reason why America should not progress now toward internationalizing rather than localizing, its educational system — children and young adults studying everywhere in the world, through a United Nations program, would go far to create mutual understanding. In the meantime, the need for teachers and classrooms in America is fantastic. This is an area where “minimal” requirements hardly should be considered as a goal — there always are improvements to be made in the educational system, e.g., smaller classes and many more teachers for them, programs to subsidize the education of the poor but bright, etc.

h. America should eliminate agricultural policies based on scarcity and pent-up surplus. In America and foreign countries there exist tremendous needs for more food and balanced diets. The Federal government should finance small farmers’ cooperatives, strengthen programs of rural electrification, and expand policies for the distribution of agricultural surpluses throughout the world (by Foodfor -Peace and related UN programming). Marginal farmers must be helped to either become productive enough to survive “industrialized agriculture” or given help in making the transition out of agriculture –

* the current Rural Area Development program must be better coordinated with a massive national “area redevelopment” program. i. Science should be employed to constructively transform the conditions of life throughout the United States and the world. Yet at the present time the Department of Health, Education, and Welfare and the National Science Foundation together spend only $300 million annually for scientific purposes in contrast to the $6 billion spent by the Defense Department and the Atomic Energy Commission. One-half of all research and development in America is directly devoted to military purposes. Two imbalances must be corrected — that of military over non-military investigation, and that of biological-natural-physical science over the sciences of human behavior. Our political system must then include planning for the human use of science: by anticipating the political consequences of scientific innovation, by directing the discovery and exploration of space, by adapting science to improved production of food, to international communications systems, to technical problems of disarmament, and so on. For the newly-developing nations, American science should focus on the study of cheap sources of power, housing and building materials, mass educational techniques, etc. Further, science and scholarship should be seen less as an apparatus of conflicting power blocs, but as a bridge toward supranational community: the International Geophysical Year is a model for continuous further cooperation between the science communities of all nations.

Alternatives to Helplessness

The goals we have set are not realizable next month, or even next election — but that fact justifies neither giving up altogether nor a determination to work only on immediate, direct, tangible problems. Both responses are a sign of helplessness, fearfulness of visions, refusal to hope, and tend to bring on the very conditions to be avoided. Fearing vision, we justify rhetoric or myopia. Fearing hope, we reinforce despair.

The first effort, then, should be to state a vision: what is the perimeter of human possibility in this epoch? This we have tried to do. The second effort, if we are to be politically responsible, is to evaluate the prospects for obtaining at least a substantial part of that vision in our epoch: what are the social forces that exist, or that must exist, if we are to be at all successful? And what role have we ourselves to play as a social force?

1. In exploring the existing social forces, note must be taken of the Southern civil rights movement as the most heartening because of the justice it insists upon, exemplary because it indicates that there can be a passage out of apathy.

This movement, pushed into a brilliant new phase by the Montgomery bus boycott and the subsequent nonviolent action of the sit-ins and Freedom Rides has had three major results: first, a sense of self-determination has been instilled in millions of oppressed Negroes; second, the movement has challenged a few thousand liberals to new social idealism; third, a series of important concessions have been obtained, such as token school desegregation, increased Administration help, new laws, desegregation of some public facilities.

But fundamental social change — that would break the props from under Jim Crown — has not come. Negro employment opportunity, wage levels, housing conditions, educational privileges — these remain deplorable and relatively constant, each deprivation reinforcing the impact of the others. The Southern states, in the meantime, are strengthening the fortresses of the status quo, and are beginning to camouflage the fortresses by guile where open bigotry announced its defiance before. The white-controlled one-party system remains intact; and even where the Republicans are beginning under the pressures of industrialization in the towns and suburbs, to show initiative in fostering a two-party system, all Southern state Republican Committees (save Georgia) have adopted militant segregationist platforms to attract Dixiecrats.

Rural dominance remains a fact in nearly all the Southern states, although the reapportionment decision of the Supreme Court portends future power shifts to the cities. Southern politicians maintain a continuing aversion to the welfare legislation that would aid their people. The reins of the Southern economy are held by conservative businessmen who view human rights as secondary to property rights. A violent anti-communism is rooting itself in the South, and threatening even moderate voices. Add the militaristic tradition of the South, and its irrational regional mystique and one must conclude that authoritarian and reactionary tendencies are a rising obstacle to the small, voiceless, poor, and isolated democratic movements.

The civil rights struggle thus has come to an impasse. To this impasse, the movement responded this year by entering the sphere of politics, insisting on citizenship rights, specifically the right to vote. The new voter registration stage of protest represents perhaps the first major attempt to exercise the conventional instruments of political democracy in the struggle for racial justice. The vote, if used strategically by the great mass of now-unregistered Negroes theoretically eligible to vote, will be decisive factor in changing the quality of Southern leadership from low demagoguery to decent statesmanship.

More important, the new emphasis on the vote heralds the use of political means to solve the problems of equality in America, and it signals the decline of the short-sighted view that “discrimination” can be isolated from related social problems. Since the moral clarity of the civil rights movement has not always been accompanied by precise political vision, and sometimes not every by a real political consciousness, the new phase is revolutionary in its implication. The intermediate goal of the program is to secure and insure a healthy respect and realization of Constitutional liberties. This is important not only to terminate the civil and private abuses which currently characterize the region, but also to prevent the pendulum of oppression from simply swinging to an alternate extreme with a new unsophisticated electorate, after the unhappy example of the last Reconstruction. It is the ultimate objectives of the strategy which promise profound change in the politics of the nation. An increased Negro voting race in and of itself is not going to dislodge racist controls of the Southern power structure; but an accelerating movement through the courts, the ballot boxes, and especially the jails is the most likely means of shattering the crust of political intransigency and creating a semblence of democratic order, on local and state levels.

Linked with pressure from Northern liberals to expunge the Dixiecrats from the ranks of the Democratic Party, massive Negro voting in the South could destroy the vice-like grip reactionary Southerners have on the Congressional legislative process.

2. The broadest movement for peace in several years emerged in 1961-62. In its political orientation and goals it is much less identifiable than the movement for civil rights: it includes socialists, pacifists, liberals, scholars, militant activists, middle-class women, some professionals, many students, a few unionists. Some have been emotionally single-issue: Ban the Bomb. Some have been academically obscurantist. Some have rejected the System (sometimes both systems). Some have attempted, too, to “work within” the System. Amidst these conflicting streams of emphasis, however, certain basic qualities appear. The most important is that the “peace movement” has operated almost exclusively through peripheral institutions — almost never through mainstream institutions. Similarly, individuals interested in peace have nonpolitical social roles that cannot be turned to the support of peace activity. Concretely, liberal religious societies, anti-war groups, voluntary associations, ad hoc committees have been the political unit of the peace movement, and its human movers have been students, teacher, housewives, secretaries, lawyers, doctors, clergy. The units have not been located in spots of major social influence, the people have not been able to turn their resources fully to the issues that concern them. The results are political ineffectiveness and personal alienation.

The organizing ability of the peace movement thus is limited to the ability to state and polarize issues. It does not have an institution or the forum in which the conflicting interests can be debated. The debate goes on in corners; it has little connection with the continuing process of determining allocations of resources. This process is not necessarily centralized, however much the peace movement is estranged from it. National policy, though dominated to a large degree by the “power elites” of the corporations and military, is still partially founded in consensus. It can be altered when there actually begins a shift in the allocation of resources and the listing of priorities by the people in the institutions which have social influence, e.g., the labor unions and the schools. As long as the debates of the peace movement form only a protest, rather than an opposition viewpoint within the centers of serious decision- making, then it is neither a movement of democratic relevance, nor is it likely to have any effectiveness except in educating more outsiders to the issue. It is vital, to be sure, that this educating go on (a heartening sign is the recent proliferation of books and journals dealing with peace and war from newly-developing countries); the possibilities for making politicians responsible to “peace constituencies” becomes greater.

But in the long interim before the national political climate is more open to deliberate, goal-directed debate about peace issues, the dedicated peace “movement” might well prepare a local base, especially by establishing civic committees on the techniques of converting from military to peacetime production. To make war and peace relevant to the problems of everyday life, by relating it to the backyard (shelters), the baby (fall-out), the job (military contracts) — and making a turn toward peace seem desirable on these same terms — is a task the peace movement is just beginning, and can profitably continue.

3. Central to any analysis of the potential for change must be an appraisal of organized labor. It would be a-historical to disregard the immense influence of labor in making modern America a decent place in which to live. It would be confused to fail to note labor’s presence today as the most liberal of mainstream institutions. But it would be irresponsible not to criticize labor for losing much of the idealism that once made it a driving movement. Those who expected a labor upsurge after the 1955 AFL-CIO merger can only be dismayed that one year later, in the Stevenson-Eisenhower campaign, the AFL-CIO Committee on Political Education was able to obtain solicited $1.00 contributions from only one of every 24 unionists, and prompt only 40% of the rankand -file to vote.

As a political force, labor generally has been unsuccessful in the postwar period of prosperity. It has seen the passage of the Taft-Hartley and Landrum-Griffin laws, and while beginning to receiving slightly favorable National Labor Relations Board rulings, it has made little progress against right-to-work laws. Furthermore, it has seen less than adequate action on domestic problems, especially unemployment.

This labor “recession” has been only partly due to anti-labor politicians and corporations. Blame should be laid, too, to labor itself for not mounting an adequate movement. Labor has too often seen itself as elitist, rather than mass-oriented, and as a pressure group rather than as an 18-million member body making political demands for all America. In the first instance, the labor bureaucracy tends to be cynical toward, or afraid of, rank-and-file involvement in the work of the Union. Resolutions passed at conventions are implemented only by high-level machinations, not by mass mobilization of the unionists. Without a significant base, labor’s pressure function is materially reduced since it becomes difficult to hold political figures accountable to a movement that cannot muster a vote from a majority of its members.

There are some indications, however, that labor might regain its missing idealism. First, there are signs within the movement: of worker discontent with the economic progress, of collective bargaining, of occasional splits among union leaders on questions such as nuclear testing or other Cold War issues. Second, and more important, are the social forces which prompt these feelings of unrest. Foremost is the permanence of unemployment, and the threat of automation, but important, too, is the growth of unorganized ranks in white-collar fields with steady depletion in the already-organized fields. Third, there is the tremendous challenge of the Negro movement for support from organized labor: the alienation from and disgust with labor hypocrisy among Negroes ranging from the NAACP to the Black Muslims (crystallized in the formation of the Negro American Labor Council) indicates that labor must move more seriously in its attempts to organize on an interracial basis in the South and in large urban centers. When this task was broached several years ago, “jurisdictional” disputes prevented action. Today, many of these disputes have been settled — and the question of a massive organizing campaign is on the labor agenda again.

These threats and opportunities point to a profound crisis: either labor continues to decline as a social force, or it must constitute itself as a mass political force demanding not only that society recognize its rights to organize but also a program going beyond desired labor legislation and welfare improvements. Necessarily this latter role will require rank-and-file involvement. It might include greater autonomy and power for political coalitions of the various trade unions in local areas, rather than the more stultifying dominance of the international unions now. It might include reductions in leaders’ salaries, or rotation from executive office to shop obligations, as a means of breaking down the hierarchical tendencies which have detached elite from base and made the highest echelons of labor more like businessmen than workers. It would certainly mean an announced independence of the center and Dixiecrat wings of the Democratic Party, and a massive organizing drive, especially in the South to complement the growing Negro political drive there.

A new politics must include a revitalized labor movement; a movement which sees itself, and is regarded by others, as a major leader of the breakthrough to a politics of hope and vision. Labor’s role is no less unique or important in the needs of the future than it was in the past, its numbers and potential political strength, its natural interest in the abolition of exploitation, its reach to the grass roots of American society, combine to make it the best candidate for the synthesis of the civil rights, peace, and economic reform movements.

The creation of bridges is made more difficult by the problems left over from the generation of “silence”. Middle class students, still the main actors in the embryonic upsurge, have yet to overcome their ignorance, and even vague hostility, for what they see as “middle class labor” bureaucrats. Students must open the campus to labor through publications, action programs, curricula, while labor opens its house to students through internships, requests for aid (on the picket-line, with handbills, in the public dialogue), and politics. And the organization of the campus can be a beginning — teachers’ unions can be argued as both socially progressive, and educationally beneficial university employees can be organized — and thereby an important element in the education of the student radical.

But the new politics is still contained; it struggles below the surface of apathy, awaiting liberation. Few anticipate the breakthrough and fewer still exhort labor to begin. Labor continues to be the most liberal — and most frustrated — institution in mainstream America.

4. Since the Democratic Party sweep in 1958, there have been exaggerated but real efforts to establish a liberal force in Congress, not to balance but to at least voice criticism of the conservative mood. The most notable of these efforts was the Liberal Project begun early in 1959 by Representative Kastenmeier of Wisconsin. The Project was neither disciplined nor very influential but it was concerned at least with confronting basic domestic and foreign problems, in concert with sever liberal intellectuals.

In 1960 five members of the Project were defeated at the polls (for reasons other than their membership in the Project). Then followed a “post mortem” publication of the Liberal Papers, materials discussed by the Project when it was in existence. Republican leaders called the book “further our than Communism”. The New Frontier Administration repudiated any connection with the statements. Some former members of the Project even disclaimed their past roles.

A hopeful beginning came to a shameful end. But during the demise of the Project, a new spirit of Democratic Party reform was occurring: in New York City, Ithaca, Massachusetts, Connecticut, Texas, California, and even in Mississippi and Alabama where Negro candidates for Congress challenged racist political power. Some were for peace, some for the liberal side of the New Frontier, some for realignment of the parties — and in most cases they were supported by students.

Here and there were stirrings of organized discontent with the political stalemate. Americans for Democratic Action and the New Republic, pillars of the liberal community, took stands against the President on nuclear testing. A split, extremely slight thus far, developed in organized labor on the same issue. The Rev. Martin Luther King, Jr. preached against the Dixiecrat-Republican coalition across the nation.

5. From 1960 to 1962, the campuses experienced a revival of idealism among an active few. Triggered by the impact of the sit-ins, students began to struggle for integration, civil liberties, student rights, peace, and against the fast-rising right wing “revolt” as well. The liberal students, too, have felt their urgency thwarted by conventional channels: from student governments to Congressional committees. Out of this alienation from existing channels has come the creation of new ones; the most characteristic forms of liberal-radical student organizations are the dozens of campus political parties, political journals, and peace marches and demonstrations. In only a few cases have students built bridges to power: an occasional election campaign, the sit-ins, Freedom Rides, and voter registration activities; in some relatively large Northern demonstrations for peace and civil rights, and infrequently, through the United States National Student Association whose notable work has not been focused on political change.

These contemporary social movements — for peace, civil rights, civil liberties labor — have in common certain values and goals. The fight for peace is one for a stable and racially integrated world; for an end to the inherently volatile exploitation of most of mankind by irresponsible elites; and for freedom of economic, political and cultural organization. The fight for civil rights is also one for social welfare for all Americans; for free speech and the right to protest; for the shield of economic independence and bargaining power; for a reduction of the arms race which takes national attention and resources away from the problems of domestic injustice. Labor’s fight for jobs and wages is also one labor; for the right to petition and strike; for world industrialization; for the stability of a peacetime economy instead of the insecurity of the war economy; for expansion of the Welfare State. The fight for a liberal Congress is a fight for a platform from which these concerns can issue. And the fight for students, for internal democracy in the university, is a fight to gain a forum for the issues.

But these scattered movements have more in common: a need for their concerns to be expressed by a political party responsible to their interests. That they have no political expression, no political channels, can be traced in large measure to the existence of a Democratic Party which tolerates the perverse unity of liberalism and racism, prevents the social change wanted by Negroes, peace protesters, labor unions, students, reform Democrats, and other liberals. Worse, the party stalemate prevents even the raising of controversy — a full Congressional assault on racial discrimination, disengagement in Central Europe, sweeping urban reform, disarmament and inspection, public regulation of major industries; these and other issues are never heard in the body that is supposed to represent the best thoughts and interests of all Americans.

An imperative task for these publicly disinherited groups, then, is to demand a Democratic Party responsible to their interests. They must support Southern voter registration and Negro political candidates and demand that Democratic Party liberals do the same (in the last Congress, Dixiecrats split with Northern Democrats on 119 of 300 roll-calls, mostly on civil rights, area redevelopment and foreign aid bills; and breach was much larger than in the previous several sessions). Labor should begin a major drive in the South. In the North, reform clubs (either independent or Democratic) should be formed to run against big city regimes on such issues as peace, civil rights, and urban needs. Demonstrations should be held at every Congressional or convention seating of Dixiecrats. A massive research and publicity campaign should be initiated, showing to every housewife, doctor, professor, and worker the damage done to their interests every day a racist occupies a place in the Democratic Party. Where possible, the peace movement should challenge the “peace credentials” of the otherwise-liberals by threatening or actually running candidates against them.

The University and Social Change. There is perhaps little reason to be optimistic about the above analysis. True, the Dixiecrat-GOP coalition is the weakest point in the dominating complex of corporate, military and political power. But the civil rights and peace and student movements are too poor and socially slighted, and the labor movement too quiescent, to be counted with enthusiasm. From where else can power and vision be summoned? We believe that the universities are an overlooked seat of influence.

First, the university is located in a permanent position of social influence. Its educational function makes it indispensable and automatically makes it a crucial institution in the formation of social attitudes. Second, in an unbelievably complicated world, it is the central institution for organizing, evaluating, and transmitting knowledge. Third, the extent to which academic resources presently is used to buttress immoral social practice is revealed first, by the extent to which defense contracts make the universities engineers of the arms race. Too, the use of modern social science as a manipulative tool reveals itself in the “human relations” consultants to the modern corporation, who introduce trivial sops to give laborers feelings of “participation” or “belonging”, while actually deluding them in order to further exploit their labor. And, of course, the use of motivational research is already infamous as a manipulative aspect of American politics. But these social uses of the universities’ resources also demonstrate the unchangeable reliance by men of power on the men and storehouses of knowledge: this makes the university functionally tied to society in new ways, revealing new potentialities, new levers for change. Fourth, the university is the only mainstream institution that is open to participation by individuals of nearly any viewpoint.

These, at least, are facts, no matter how dull the teaching, how paternalistic the rules, how irrelevant the research that goes on. Social relevance, the accessibility to knowledge, and internal openness

* these together make the university a potential base and agency in a movement of social change.

1. Any new left in America must be, in large measure, a left with real intellectual skills, committed to deliberativeness, honesty, reflection as working tools. The university permits the political life to be an adjunct to the academic one, and action to be informed by reason.

2. A new left must be distributed in significant social roles throughout the country. The universities are distributed in such a manner.

3. A new left must consist of younger people who matured in the postwar world, and partially be directed to the recruitment of younger people. The university is an obvious beginning point.

4. A new left must include liberals and socialists, the former for their relevance, the latter for their sense of thoroughgoing reforms in the system. The university is a more sensible place than a political party for these two traditions to begin to discuss their differences and look for political synthesis.

5. A new left must start controversy across the land, if national policies and national apathy are to be reversed. The ideal university is a community of controversy, within itself and in its effects on communities beyond.

6. A new left must transform modern complexity into issues that can be understood and felt close-up by every human being. It must give form to the feelings of helplessness and indifference, so that people may see the political, social and economic sources of their private troubles and organize to change society. In a time of supposed prosperity, moral complacency and political manipulation, a new left cannot rely on only aching stomachs to be the engine force of social reform. The case for change, for alternatives that will involve uncomfortable personal efforts, must be argued as never before. The university is a relevant place for all of these activities.

But we need not indulge in allusions: the university system cannot complete a movement of ordinary people making demands for a better life. From its schools and colleges across the nation, a militant left might awaken its allies, and by beginning the process towards peace, civil rights, and labor struggles, reinsert theory and idealism where too often reign confusion and political barter. The power of students and faculty united is not only potential; it has shown its actuality in the South, and in the reform movements of the North.

The bridge to political power, though, will be built through genuine cooperation, locally, nationally, and internationally, between a new left of young people, and an awakening community of allies. In each community we must look within the university and act with confidence that we can be powerful, but we must look outwards to the less exotic but more lasting struggles for justice.

To turn these possibilities into realities will involve national efforts at university reform by an alliance of students and faculty. They must wrest control of the educational process from the administrative bureaucracy. They must make fraternal and functional contact with allies in labor, civil rights, and other liberal forces outside the campus. They must import major public issues into the curriculum — research and teaching on problems of war and peace is an outstanding example. They must make debate and controversy, not dull pedantic cant, the common style for educational life. They must consciously build a base for their assault upon the loci of power.

As students, for a democratic society, we are committed to stimulating this kind of social movement, this kind of vision and program is campus and community across the country. If we appear to seek the unattainable, it has been said, then let it be known that we do so to avoid the unimaginable.

Darfur, the Israeli lobby & US Democrats

hillary-clinton-meets-israelWhat does it mean for Africa when right wing end-of-the- world-is-near evangelical Christians join forces with the Robert F. Kennedy Center For Human Rights? What does it mean for African Americans when Bush, Obama, and nearly all last year’s presidential candidates from both parties encourage the continuation of an African civil war rather than a political settlement between the parties? What does it mean when 21st century PR firms employ FaceBook, slick viral marketing and millions of dollars to create a simple, satisfying, feel-good excuse for military intervention on the African continent? –from Is There a Save Darfur Industrial Complex?

But Save Darfur has gotten into hot water with aid groups helping the refugees of the conflict.

In February it began a high-profile advertising campaign that included full-page newspaper ads, television spots and billboards calling for more aggressive action in Darfur, including the imposition of a no-flight zone over the region.

Aid groups and even some activists say banning flights could do more harm than good, because it could stop aid flights. Many aid groups fly white airplanes and helicopters that may look similar to those used by the Sudanese government, putting their workers at risk in a no-flight zone.

Sam Worthington, the president and chief executive of InterAction, a coalition of aid groups, complained to Mr. Rubenstein by e-mail that Save Darfur’s advertising was confusing the public and damaging the relief effort.

“I am deeply concerned by the inability of Save Darfur to be informed by the realities on the ground and to understand the consequences of your proposed actions,” Mr. Worthington wrote.

He noted that contrary to assertions in its initial ads, Save Darfur did not represent any of the organizations working in Darfur, and he accused it of “misstating facts.” He said its endorsement of plans that included a no-flight zone and the use of multilateral forces “could easily result in the deaths of hundreds of thousands of individuals.”

Another aid group, Action Against Hunger, said in a statement last week that a forced intervention by United Nations troops without the approval of the Sudanese government “could have disastrous consequences that risk triggering a further escalation of violence while jeopardizing the provision of vital humanitarian assistance to millions of people.”

Aid groups also complain that Save Darfur, whose budget last year was $15 million, does not spend that money on aid for the long-suffering citizens of the region.

from the New York Times June 2, 2007 Darfur Advocacy Group Undergoes a Shake-Up

‘The “Save Darfur (Coalition) was created in 2005 by two groups concerned about genocide in the African country – the American Jewish World Service and the U.S. Holocaust Memorial Museum…

‘The coalition has a staff of 30 with expertise in policy and public relations. Its budget was about $15 million in the most recent fiscal year…

from The Washington Post at http://www.overbrook.org/newsletter/06_07/pdfs/AJWS_Washington_Post.pdf

Hillary Clinton on Darfur as she calls for more Pentagon intervention and wars abroad. This is a woman that has no problem with genocide when committed by the US and/ or Israel.

Biden calls for military force in Darfur speaks for itself as he directly calls for a US military assault on Sudan See Joe Biden: Darfur as he calls for US troops to attack Sudan

Phony Sedon-y meet Social Ecology

hikers-Boynton-Sedona
I mentioned in my last post that I’d had a visceral negative reaction to Sedona — undeniably one of the most beautiful places on earth — which surprised and dismayed me. I had a vague sense that I was offended by the opulence and pseudo-spiritualism of the place, but that didn’t completely explain my snarky attitude which, I’ve come to understand, usually masks a deeper response to perceived injustice or dashed hopes.

I found an answer in the form of a book I happened to pull from my brother’s bookshelf: An American Child Supreme — the education of a liberation ecologist, by John Nichols. It’s a memoir of sorts, and tries to decipher how any of us — born into a culture that very nearly ensures that we become bigots, greedy consumers, warmongers, and environmental parasites — develops a social conscience.

John Nichols tells of the life-changing — often seemingly innocuous — events, people and books that transformed him from a product of a privileged upbringing and Mayflower pedigree to a liberation ecologist (as opposed to naturalist or environmentalist), a more radical superstratum of social ecology.

I won’t go into any of that, although it was fascinating to me. I’ll just write the words that I scratched frantically into my little notebook so I’d not lose them or allow myself to forget them. I wasn’t sure how they related to Sedona, but somehow they did.

Myself, I do not have the courage or the fanaticism that motivated Diana Oughton (of the Weather Underground) to build bombs, but I cannot envision the changes we need without some sort of apocalyptic reaction against the current levels of violence generated by the daily economic activities of the multinationals that feed and clothe us.

Territorial shooting wars are only a small fraction of the greater (and more horrific) violence of a world market that levels forests, pollutes the oceans, impoverishes people and toxifies topsoil in order to bring us our hamburgers, polyester golf slacks, and Marlboro cigarettes. “The human murder by poverty in Latin America is secret,” writes Eduard Galeano. “Every year, without making a sound, three Hiroshima bombs explode over communities that have become accustomed to suffering with clenched teeth. This systemic violence is not apparent but is real and constantly increasing: its holocausts are not made known in the sensational press but in Food and Agricultural Organization statistics.”

Environmental collapse is now universally caused by monopoly capital plundering earth’s biological and human resources for profit. The profit is generated by the labor of those underdogs, whose energy is thus co-opted to destroy the environment. This means that our most destructive environmental problems are tied to their inequality. . . . That inequality is causing a downward social spiral on earth and eco-devastation. Profit requires demolition. The racism that deforms our nation (and the globe) is a tool used by a capitalist society to maintain class divisions for profit-making reasons, so racism is also a main component of biosystem toxicity.

John Nichols sums up the philosophy of a liberation ecologist when he quotes Tom Athanasiou’s book Divided Planet: The Ecology of Rich and Poor, whose words are directed at environmentalists:

“The time for such political innocence is over. . . .it is past time for environmentalists to face their own history, in which they have too often stood not for justice and freedom, or even for realism, but merely for the comforts and aesthetics of affluent nature lovers. They have no choice. History will judge greens by whether they stand with the world’s poor.”

That must be it. I distrusted Sedona because it quite obviously doesn’t stand with the world’s poor, nor even the nation’s middle class. It is an enclave for affluent nature lovers whose social consciences are buried in crystals and energy forces, $4 iced teas and expensive gauzy skirts.

Sedona seems to care not a whit about social or economic justice nor — I’d wager a guess — about wreaking environmental havoc in Utah and New Mexico to keep its own little slice of Eden energized and enflowered. There is no need for Sedona to worry about the larger world, neither liberation for its people nor the sustainability of its global environment. Sedona exists unto itself and its wealthy denizens — to be owned, developed and distributed and enjoyed at their directive.

Sedona-Boynton-Canyon

UCSB Hillel students Rebecca Joseph, Tova Hausman highlight poor education

Charges against Professor William RobinsonToday’s university campuses have to deal with College Republicans, ACTA and NeoMcCarthyists. The latest uneducable creeps shopped their leftist-professor- horror-story to the Anti-Defamation League, to brand their teacher’s criticism of Israel as “anti-Semitic.” UCSB senior Rebecca Joseph and junior Tova Hausman both took exception to Professor William Robinson’s Sociology Listserv email comparing Israel’s mop up operation in Gaza to the Warsaw Ghetto. Below are the words they cut and pasted together to accuse Robinson.

The literacy level of these two students is probably on par for Twilight fans, but definitely unbecoming for the University of California system. The first letter is reputedly from a college senior. Rebecca Joseph‘s opening argument was plagiarized from the internet, but she continues to scold Professor Robinson for straying from her idea of what makes a university professor. The second complaint from UCSB junior Tova Hausman copies the first letter’s form, but adds the accusation of sexual misconduct for leaving her feeling raped.

Is it unfair to put simple college students under national scrutiny like this? From their own words they show themselves to be rather helpless. But what to do when students, or some unscrupulous backers, are taking aim at a respected tenured professor? It’s serious business. Organizations like ACTA and Hillel are out to enforce a veritable Right Wing PC rectitude. As if it’s politically incorrect to make fun of uneducated on campus!

Keeping educators silenced was easier during the Bush administration, but the dampers are still on Academic Freedom. Ward Churchill may have won his case in court against the University of Colorado, but opinionated faculty are still few and far between. The latest attack against William Robinson attempts to reinforce more of the same.

UCSB senior Rebecca JosephProbably by now Hillel is wishing they’d coaxed a better educated pair of students to face off against Robinson. The administrators who received the complaint letters should have earmarked the girls for a remedial English refresher in anticipation of their graduation. But let’s look beyond the cheap shots.

The accusations inarticulated here are scurrilous where they are not outright illogical. You be the judge.

First Student Complaint
Here’s the first complaint received by UCSB, from Rebecca Joseph, Vice-president of the Santa Barbara campus Orthodox Jewish Chabad. Interestingly, UCSB has a number of pro-Israel action groups: Hillel, Jewish Awareness Movement on Campus, American Students for Israel, Stand With Us, AIPAC and the Israeli Palestinian Film Festival (which judging by the lineup runs films only by un-self-critical Israelis and sympathetic Palestinians).

Here is Rebecca Joseph’s complaint, uncorrected.

To Whom It May Concern:

On Monday, january 19, at 1:02 pm, I received an email from Professor Robinson for the course Sociology of Globalization (Soc 130SG). The subject of the email was “Parallel images of Nazis and Israelis.” This email compared the aggression of the Nazis to the Jews in Germany, to that which is going on between Palestine and Israel today. Professor Robinson wrote the first three paragraphs including the following: “Gaza is Israel’s Warsaw…” In addition to his few words, he attached an email describing the comparison which goes on to another attachment showing pictures to prove his point.

This email shocked me; before I did anything I gave him the benefit of the doubt and emailed him back asking, “I just wanted to know what this information was for? Is it for some assignment or just information that you put out there for us?” His response was “Rebecca, just for your interest….. I should have clarified.”

At this point I felt nauseous that a professor could use his power to send this email with his views attached, to each student in his class. To me this overstepped the boundaries of a professor and his conduct in a system of higher education. Due to this horrific email I had to drop the course. being a senior and needing any classes I could get, this left me in need of more classes which added more stress.

Two weeks later I saw a friend that was in the course with me and I asked him if it was ever brought up in class or discussed even for a brief minute or two, he responded by telling me that he never even mentioned it in class and that he too would have dropped the course, but he needed it to graduate on time.

Anti Semitism is considered to be hatred toward Jews –individually and as a group– that can be attributed to the Jewish religion and/or ethnicity. An important issue is the distinction between legitimate criticism of policies and practices of the State of Israel, and commentary that assumes an anti-Semitic character. The demonization of Israel, or vilification of Israeli leaders, sometimes through comparisons with Nazi leaders, and through the use of Nazi symbols to caricature them, indicates an anti-Semitic bias rather than a valid criticism of policy.

I found these parallel images intimidating, disgusting, and beyond a teacher role as an educator in the university system. I feel that something must be done so other students don’t have to go through the same intimidating, disgust I went through. I was asked to speak to him and get him to apologize but I feel that it will not make a difference for future students of his.

Whatever the outcome may be, I am hoping for some apology from Robinson, for not only my self and but for my peers in the class as well. In addition I would like to see more happen then just an apology because he has breached the University’s Code of Conduct for Professors and that this issue must be dealt with immediately.

In the Faculty Code of Conduct in Part II, Professional Responsibilities, Ethical Principles, and Unacceptable Faculty conduct, in Section A, Teaching and Students, it states that “The integrity of the faculty-student relationship is the foundation of the University’s educational mission. This relationship vests considerable trust in the faculty member, who, in turn, bears authority and accountability as mentor, educator, and evaluator.”

However Professor Robinson has turned away from his professional responsibilities through his “significant intrusion of material unrelated to the course.” (Part II, Section A, Number 1, b). He has also violated the universities policy by “participating in or deliberately abetting disruption, interference, or intimidation in the classroom,” (Part II, Section A, Number 5). Robinson has done so through this intimidating email which had pushed me to withdraw from this course and take another one.

In the University System professors above all, are to be “effective teachers and scholars,” Robinson has gone against his rights as a professor at the university through his, “unauthorized use of University resources or facilities on a significant scale for personal, commercial, political, or religious purposes,” (Section II, Section C, Number 3). Robinson used his university resources, to email each student in this course to get his view across, in doing so; he became a representation of the faculty members of the University of California Santa Barbara. The code of conduct state that, “faculty members have the same rights and obligations as all citizens. They are as free as other citizens to express their views and to participate in the political process of the community. When they act or speak in their personal and private capacities, they should avoid deliberately creating the impression that they represent the University.” By Robinson using his university email account he attaches his thoughts with that of the university and they become a single entity sharing the same ideas.

Thank you very much for your time and consideration of this matter and I am hoping to here [sic] back in the near future.

Thank you,

Rebecca Joseph

Junior Tova Hausman accused UCSB professor William Robinson of being anti-SemiticSecond student complaint
The second letter, which cribs from the first obviously, was sent by UCSB junior Tova Hausman. At least she credits the US State Dept as the source of her definition of “anti-Semitism.” But Hausman adds the accusation of sexual impropriety, taking a page it seems from David Mamet’s Oleanna.

February 19, 2009

To whom it may concern,

My name is Tova Hausman, and I was enrolled in Professor William Robinson’s Sociology 130 SG course this Winter 2009. The course was called Social Globalization. Our class received an email in the second week of class, from the professor, called “Parallel images of Nazis and Israelis.” It discussed the parallel acts and images between Nazi Germany during World War II and the present day Israelis. He claims that what the Nazis did to the Jews during the war is parallel to what Israel is doing to Palestine right now. Professor Robinson clearly stated his anti Semitic political views in this email that were unjust and unsolicited. The department of states 2004 definition of anti-Semitism: Anti Semitism is considered to be hatred toward Jews –individually and as a group– that can be attributed to the Jewish religion and/or ethnicity. An important issue is the distinction between legitimate criticism of policies and practices of the State of Israel, and commentary that assumes an anti-Semitic character. The demonization of Israel, or vilification of Israeli leaders, sometimes through comparisons with Nazi leaders, and through the use of Nazi symbols to caricature them, indicates an anti-Semitic bias rather than a valid criticism of policy……

In all the years of schooling and higher education I have never experienced an abuse of an educator position. Taking the opportunity to disseminate personal political views through obtaining email addresses of the class roster that are only for academic use, show betrayal and complete abuse of powers by the professor. To hide behind a computer and send this provocative email shows poor judgment and perhaps a warped personality. The classroom and the forum of which higher education is presented needs to be safe and guarded so the rights of individuals are respected. handle

To express one’s political views is not necessarily wrong but here it was not relevant to the subject matter. How could one continue to participate in this professor’s class? The fact that the professor attached his views to the depiction of what my great grandparents and family experienced shows lack of sensitivity and awareness. What he did was criminal because he took my trust and invaded something that is very personal. I felt as if I have been violated by this professor. Yes I am aware of Anti-Semites, but to abuse this position in an environment of higher education where I always thought it to be safe, until now, is intimidating.

This professor should be stopped immediately from continuing to disseminate this information and be punished because his damage is irreversible. He abused his privilege to teach, to lead, and to mentor.

Bellow is a list of the faculty code of conduct in which I believe Professor Robinson violated:

Part I — Professional Rights of Faculty
2. the right to present controversial material relevant to a course of instruction.

Part II — Professional Responsibilities, Ethical Principles, and Unacceptable Faculty Conduct
A. Teaching and Student

The integrity of the faculty-student relationship is the foundation of the University’s educational mission. This relationship vests considerable trust in the faculty member, who, in turn, bears authority and accountability as mentor, educator, and evaluator. The unequal institutional power inherent in this relationship heighten the vulnerability of the student and the potential for coercion. The pedagogical relationship between faculty member and student must be protected from influences or activities that can interfere with learning consistent with the goals and ideals of the University. Whenever a faculty member is responsible for academic supervision of a student, a personal relationship between them of a romantic or sexual nature, even if consensual, is inappropriate. Any such relationship jeopardizes the integrity of the educational process.

1. Failure to meet the responsibilities of instruction, including:
(b) significant intrusion of material unrelated to the course;

2. Discrimination, including harassment, against a student on political grounds, or for reasons of race, religion, sex, sexual orientation, ethnic origin, national origin, ancestry, marital status, medical condition, status as a covered veteran, or, within the limits imposed by law or University regulation, because of age or citizenship or for other arbitrary or personal reasons.

5. Participating in or deliberately abetting disruption, interference, or intimidation in the classroom.

Types of unacceptable conduct:

B. Scholarship
Violation of canons of intellectual honesty, such as research misconduct and/or intentional misappropriation of the writings, research, and findings of others.

C. University
3. Unauthorized use of University resources or facilities on a significant scale for personal, commercial, political, or religious purposes.

E. The Community Ethical Principles.
“Faculty members have the same rights and obligations as all citizens. They are as free as other citizens to express their views and to participate in the political processes of the community. When they act or speak in their personal and private capacities, they should avoid deliberately creating the impression that they represent the University.” (U.C. Academic Council Statement, 1971)

I expect this matter to be looked into and wish to be contacted soon.

Thank you,

Tova Hausman

Well let’s make a point to contact this McCarthy wannabe. These are crummy students fancying themselves campus sanitizers for Israel. What contemptible innuendo and vacuous indignation! The two students reportedly approached the Simon Wiesenthal Center, where they were advised to work through the Jewish Anti-Defamation League.

Abraham FoxmanLetter sent from the ADL
Pressure then came from Anti-Defamation League National Director Abraham Foxman who visited the campus in a covert meeting to recommend the immediate reprimand of Professor Robinson. (Foxman even had these words for the Gaza analysis offered by Bill Moyers.)

February 9, 2009

William I. Robinson
Professor of Sociology
Global and international Studies
Latin American and Iberian Studies
University of California – Santa Barbara
Santa Barbara, CA 93106

Dear Professor Robinson:

We have received complaints that on January 19, 2009, you sent an email to a number of your student entitled “parallel images of Nazis and Israelis.” If this allegation is true, ADL strongly condemns the views expressed in your email and urges you to unequivocally repudiate them.

While your writings are protected by the First Amendment and academic freedom, we rely upon our own rights to say that your comparisons of Nazis and Israelis were offensive, a historical and have crossed the line well beyond legitimate criticism of Israel.

In our view, no accurate comparison can be made between the complex Israeli-Palestinian conflict and the atrocities committed by the Nazis against the Jews. Nor can Israeli actions or policies be fairly characterized as acts of ethnic cleansing or genocide. Unlike the Holocaust (and to more recent examples of genocide and ethnic cleansing in Darfur, Rwanda and Kosovo), there is no Israeli ideology, policy or plan to persecute, exterminate or expel the Palestinian population — nor has there ever been. In direct contrast, the Nazis’ “final solution” to the “Jewish problem” was the deliberate, systematic and mechanized extermination of European Jewry. Hitler’s “final Solution” led to the calculated, premeditated murder of six million Jews and the destruction of thriving Jewish communities across Europe.

We also think it is important to note that the tone and extreme views presented in your email were intimidating to students and likely chilled thoughtful discussion on the Israeli-Palestinian conflict. Clearly, that is antithetical to the very purpose of the academy. Finally, using your university email address to send out material that appears unrelated to your Globalization of Sociology course likely violates numerous parts of the University of Santa Barbara Faculty Code of Conduct (see, for example, Part I, 2; Part II, A, 1, b; Part II, C, 3; Part II, E, 1).

Again, ADL strongly condemns the views expressed in the January 19, 2009 email and we urge you to unequivocally repudiate them.

Sincerely,

Cynthia Silverman
Santa Barbara Regional Director
Anti-Defamation League

Cc:
Department Chair, Verta Dean
Chancellor, Henry T. Yang
President, Mark G. Yudof

Martin Scharlemann, University of California at Santa BarbaraEmail from UCSB Charges Officer:
Instead of dismissing the dubious accusations, the school is convening an investigation. But not without impropriety on the part of the Charges Officer Martin Scharlemann. Prof. Scharlemann insisted that Robinson produce a written refutation BEFORE he would reveal the formal accusations leveled by the two students. Read the formidable exchanges at the website mounted by the UCSB students and faculty rallying to Robinson’s defense.

Charges Officer E-mail Re: Charges

Professor Robinson,

Responding to your memo of 3 April, here is a summary of the allegations:

* You, as professor of an academic course, sent to each student enrolled in that course a highly partisan email accompanied by lurid
photographs.

* The email was unexpected and without educational context.

* You offered no explanation of how the material related to the content of the course.

* You offered no avenue to discuss, nor encouraged any response, to the opinions and photographs included in the email.

* You directly told a student who inquired that the email was not connected to the course.

* As a result, two enrolled students were too distraught to continue with the course.

* The constellation of allegations listed above, if substantially true, may violate the Faculty Code of Conduct.

In the (”not exhaustive”) list of examples included with that Faculty Code of Conduct, the most proximate are part II, A. 1. b and A. 4.

On the other matters you raise, while my conversation with the students was confidential, I can tell you that I did not advise them to seek an “apology” from you. And yes, I did offer you an opportunity “if you wish” to provide a written response to the complaint before I met with the Charges Advisory Committee, which is solely vested with the authority to dismiss a complaint as frivolous and unfounded.

-Martin Scharlemann

Dan ChinitzAnd from the internets…
And let’s not overlook the attempts to initiate an email campaign to bring public pressure on UCSB to reprimand Professor Robinson. A commenter to this blog linked to a website advocating a form email to convey (our) universal indignation over the anti-Semitism at UCSB. The form letter is suggested by “anonymous” (possibly Alvin Black aka Dr. Mike) and he recommended signing it “Name withheld to protect privacy.” We reprint the opening and closing here:

Dear Chancellor Yang,

As I am sure you know, several months ago, Professor William I. Robinson, a self described “scholar -activist” and professor of Sociology and Global Studies at your university, forwarded an email to his students condemning Israel. The email contained images of Nazi atrocities along with images from Israel’s defensive campaign against Hamas’s terror. This comparison is considered by both the US State Dept and the European Union, in their working paper on anti-Semitism, to cross the line into anti-Semitism. This email was so disturbing to at least two students that they felt compelled to drop his class. Because of the nature of the emails, the Anti-Defamation League, as well as the UCSB Academic Senate’s Charges Committee have become involved.

[…etc…]

And thus the Arab world’s war against Israel becomes a nation-wide campus war against Jews.

Professor Robinson seems to have chosen to join the ranks of these “erstwhile defenders.”

I most sincerely urge you, therefore, to draw a line in the sand. The university should not be a promoter of Jew-hatred, nor an inciter of violence.

Sincerely yours,

Name withheld to protect privacy

Anonymity
Isn’t that what this post is about actually? We’ve aggregated the criticisms flying against Professor Robinson, but most notably this article seeks to expose the UCSB students who led the faceless attack against Professor Robinson.

Until the Los Angeles Times revealed their names today, the identities of both Joseph and Hausman had been concealed. Even the specific complaints they brought against Robinson were kept secret from the accused himself. Now, what kind of people insist on slandering others from the shadows?

At NMT, we make ourselves known, while many of our detractors do not. We could not care less, but if apologists for Israel’s crimes consider themselves in the right, why do they hide behind aliases?

If you support Israel’s “right to defend itself” by breaking international conventions and committing war crimes, stand up and say it. If you think Israel has every right to take the land of the Palestinians and keep it, Goddamn it come out from behind your creepy disguises and say it. If you’re going to impugn others for whatever false transgression, without the courage to reveal yourself, do you expect anyone to accord you credibility?

If you are going to condemn the Palestinians of Gaza for exercising their basic human right to resist an illegal foreign invasion and occupation of their land, you better have the nerve to say it publicly. Cowards.

UCSB Prof William Robinson pro-Semite

Putting down the Warsaw Ghetto uprising
Wouldn’t you think it bad form for Israeli militants to behave like Nazis, while immunizing themselves with the self-righteous indignation that any criticism of their actions can simply be dismissed as “anti-Semitic?” Photographs and confessions emerging from the IDF’s atrocities in Gaza just beg comparison the German Einsatzgruppen in Poland. Earlier this year UC Santa Barbara professor William Robinson forwarded an email photo essay to a UCSB listserv, the already much-circulated side by side comparison to the WWII atrocities. Two students complained, plagiarizing stock IDF lingo. Now the Anti-Defamation League wants Robinson to recant. With IDF propagandists pouring on the bullshit, let’s revisit the documents.

As has already been noted, Professor Robinson is a harsh critic of US foreign policy, and already a likely target for the goon squad enforcers of Western Capitalism. Not many of America’s actions are defensible, so Robinson has to be attacked by desperate means. Lucky for the lackey-jackals, Robinson chose to criticize Israel’s atrocities against the Palestinians of Gaza. Bingo!

The Israeli propaganda machine has armed aspiring Israel-defenders with a blanket rebuttal: just yell “ANTI-SEMITISM!” And what a load of crap that is. Much turns on the definition of “anti-Semitism.” It packs the punch of meaning someone who hates Jews, but the advocates of Zionism have expanded the definition into 3-D! Zionist apologist Nathan Sharansky has coined the 3D definition of ant-Semitism: demonization of Israel, double standards, and delegitimization. You don’t have to look closely to note that those points outline all the rebuttals of criticisms of Israel and any question of the legitimacy of the Zionist usurpation of Palestine.

The criticisms posed by those concerned for the fate of Gaza are the same expressed by a large portion of the Israeli Jewish population as well. But the US Israeli lobby, militantly Zionist, has the complicity of the US war-mongering corporate media, thus the IDF Megaphone protestations get traction. These are the same cheap shots leveled against Ward Churchill. By flooding the internet to create the sensation that the indignation was shared, the IDF spammers have been successful in slandering these dissenting academics.

Since we’re seeing this technique being slopped unto our comment forums, let’s examine the statement for which Robinson is being attacked. First we’ll present Robinson’s email. The next post will feature the ensuing letters of complaint, two from UCSB students, and third from the ADL.

Original Email
Here is Professor Robinson’s original email, including his attachment of the Judith Stone article. This accompanied the aforementioned photo essay he forwarded.

Subject: [socforum] parallel images of Nazis and Israelis
From: “William I. Robinson” …
Date: Mon, 19 Jan 2009 21:00:05

If Martin Luther King were alive on this day of January 19, 2009, there is no doubt that he would be condemning the Israeli aggression against Gaza along with U.S. military and political support for Israeli war crimes, or that he would be standing shoulder to shoulder with the Palestinians. I am forwarding some horrific, parallel images of Nazi atrocities against the Jews and Israeli atrocities against the Palestinians. Perhaps the most frightening are not those providing a graphic depiction of the carnage but that which shows Israeli children writing “with love” on a bomb that will tear apart Palestinian children.

Gaza is Israel’s Warsaw – a vast concentration camp that confined and blockaded Palestinians, subjecting them to the slow death of malnutrition, disease and despair, nearly two years before their subjection to the quick death of Israeli bombs. We are witness to a slow-motion process of genocide (Websters: “the systematic killing of, or a program of action intended to destroy, a whole national or ethnic group”), a process whose objective is not so much to physically eliminate each and every Palestinian than to eliminate the Palestinians as a people in any meaningful sense of the notion of people-hood.

The Israeli army is the fifth most potent military machine in the world and one that is backed by a propaganda machine that rivals and may well surpass that of the U.S., a machine that dares to make the ludicrous and obnoxious claim that opposition to the policies and practices of the Israeli state is anti-Semitism. It should be no surprise that a state founded on the negation of a people was one of the principal backers of the apartheid South African state not to mention of the Latin American military dictatorships until those regimes collapsed under mass protest, and today arms, trains, and advises military and paramilitary forces in Colombia, one of the world’s worst human rights violators.

Below is an article written by a U.S. Jew and sent to a Jewish newspaper. The editor of the paper was fired for publishing it.

Quest for Justice

By Judith Stone

I am a Jew. I was a participant in the Rally for the Right of Return to Palestine. It was the right thing to do.

I’ve heard about the European holocaust against the Jews since I was a small child. I’ve visited the memorials in Washington, DC and Jerusalem dedicated to Jewish lives lost and I’ve cried at the recognition to what level of atrocity mankind is capable of sinking.

Where are the Jews of conscience? No righteous malice can be held against the survivors of Hitler’s holocaust. These fragments of humanity were in no position to make choices beyond that of personal survival. We must not forget that being a survivor or a co-religionist of the victims of the European Holocaust does not grant dispensation from abiding by the rules of humanity.

“Never again” as a motto, rings hollow when it means “never again to us alone.” My generation was raised being led to believe that the biblical land was a vast desert inhabited by a handful of impoverished Palestinians living with their camels and eking out a living in the sand. The arrival of the Jews was touted as a tremendous benefit to these desert dwellers. Golda Mier even assured us that there “is no Palestinian problem.”

We know now this picture wasn’t as it was painted. Palestine was a land filled with people who called it home. There were thriving towns and villages, schools and hospitals. There were Jews, Christians and Muslims. In fact, prior to the occupation, Jews represented a mere 7 percent of the population and owned 3 percent of the land.

Taking the blinders off for a moment, I see a second atrocity perpetuated by the very people who should be exquisitely sensitive to the suffering of others. These people knew what it felt like to be ordered out of your home at gun point and forced to march into the night to unknown destinations or face execution on the spot. The people who displaced the Palestinians knew first hand what it means to watch your home in flames, to surrender everything dear to your heart at a moment’s notice. Bulldozers leveled hundreds of villages, along with the remains of the village inhabitants, the old and the young. This was nothing new to the world.

Poland is a vast graveyard of the Jews of Europe. Israel is the final resting place of the massacred Palestinian people. A short distance from the memorial to the Jewish children lost to the holocaust in Europe there is a leveled parking lot. Under this parking lot is what’s left of a once flourishing village and the bodies of men, women and children whose only crime was taking up needed space and not leaving graciously. This particular burial marker reads: “Public Parking”.

I’ve talked with Palestinians. I have yet to meet a Palestinian who hasn’t lost a member of their family to the Israeli Shoah, nor a Palestinian who cannot name a relative or friend languishing under inhumane conditions in an Israeli prison. Time and time again, Israel is cited for human rights violations to no avail. On a recent trip to Israel, I visited the refugee camps inhabited by a people who have waited 52 years in these ‘temporary’ camps to go home. Every Palestinian grandparent can tell you the name of their village, their street, and where the olive trees were planted. Their grandchildren may never have been home, but they can tell you where their great-grandfather lies buried and where the village well stood. The press has fostered the portrait of the Palestinian terrorist. But, the victims who rose up against human indignity in the Warsaw Ghetto are called heroes. Those who lost their lives are called martyrs. The Palestinian who tosses a rock in desperation is a terrorist.

Two years ago I drove through Palestine and watched intricate sprinkler systems watering lush green lawns of Zionist settlers in their new condominium complexes, surrounded by armed guards and barbed wire in the midst of a Palestinian community where there was not adequate water to drink and the surrounding fields were sandy and dry. University professor Moshe Zimmerman reported in the Jerusalem Post (April 30, 1995), “The Jewish children of Hebron are just like Hitler’s youth.”

We Jews are suing for restitution, lost wages, compensation for homes, land, slave labor and back wages in Europe. Am I a traitor of a Jew for supporting the right of return of the Palestinian refugees to their birthplace and compensation for what was taken that cannot be returned?

The Jewish dead cannot be brought back to life and neither can the Palestinian massacred be resurrected. David Ben Gurion said, “Let us not ignore the truth among ourselves…politically, we are the aggressors and they defend themselves…The country is theirs, because they inhabit it, whereas we want to come here and settle down, and in their view we want to take away from them their country…”

Palestine is a land that has been occupied and emptied of its people. It’s cultural and physical landmarks have been obliterated and replaced by tidy Hebrew signs. The history of a people was the first thing eradicated by the occupiers. The history of the indigenous people has been all but eradicated as though they never existed. And all this has been hailed by the world as a miraculous act of G-d. We must recognize that Israel’s existence is not even a question of legality so much as it is an illegal fait accompli realized through the use of force while supported by the Western powers. The UN missions directed at Israel in attempting to correct its violations of have thus far been futile.

In Hertzl’s “The Jewish State,” the father of Zionism said, “…We must investigate and take possession of the new Jewish country by means of every modern expedient.” I guess I agree with Ehud Barak (3 June 1998) when he said, “If I were a Palestinian, I’d also join a terror group.” I’d go a step further perhaps. Rather than throwing little stones in desperation, I’d hurtle a boulder.

Hopefully, somewhere deep inside, every Jew of conscience knows that this was no war; that this was not G-d’s restitution of the holy land to it’s rightful owners. We know that a human atrocity was and continues to be perpetuated against an innocent people who couldn’t come up with the arms and money to defend themselves against the western powers bent upon their demise as a people.

We cannot continue to say, “But what were we to do?” Zionism is not synonymous with Judaism. I wholly support the rally of the right of return of the Palestinian people.

Oh, that bad view from the Yad Vashem ‘museum’!

map
Yad Vashem is a Jewish State ‘Holocaust Museum’ with a bad view. It is a site set to ‘remember’ the slaughter of Jews in WW2 but it also sits with an actual physical view out over the local area where JEWISH Zionist TERRORISTS slaughtered their Arab Palestinian neighbors in the 1948 massacre at Deir Yassin …..Shhhh…. don’t mention it, please. Yad Vashem fires employee who compared Holocaust to Nakba

It seems that some Jews are considered more politically correct than others under the Jewish State ‘philosophy’? This Jewish employee just couldn’t close his eyes and pretend and for that, he had to be eliminated to create yet another victim for the Jewish Terrorist squads.

Yes, the Jewish State was founded through JEWISH TERRORISM, not Arab. Yad Vashem, the ‘Holocaust Museum’ wants us to forget and the US Christian Zionists never knew in the first place. Those Christians seemingly only get their ‘news’ from Fox… which likes to relay ‘news’ over from places like Yad Vashem.

Christian and Jewish Zionists united in a new Crusade to their Holy Land! That Jewish employee got in the way of it all. What a bad boy!