I Hope Everyone Is Prepared for Kyle Rittenhouse to Go Free | The Nation

Wisconsin state judge Bruce Schroeder has presided over the Rittenhouse case from the beginning and has done nearly everything he can to tilt the scales of justice in Rittenhouse’s favor.

The trial of teenage gunman Kyle Rittenhouse begins next week, but the fix is already in. Rittenhouse, who is being tried as an adult, shot two people dead in the street in Kenosha, Wis., during the protests that followed the shooting of Jacob Blake in 2020. That he killed two people is undisputed, but Rittenhouse claims the homicides were justified acts of self-defense.

Rittenhouse is not from Kenosha. He went there, with other armed men, allegedly to defend a place called “Car Source,” which I point out just to emphasize that he wasn’t even trying to protect his own property in his own town. Once there, he began patrolling the streets with an assault rifle illegally gifted him by an older friend. I find the claim that Rittenhouse subsequently murdered two unarmed people in self-defense to be unconscionable. In a just world, Rittenhouse would go to jail for a double homicide and illegal gun possession.

But we do not live in a just world; we live in a white one. Rittenhouse has become a cause célèbre among white supremacists and their media sympathizers, who have proudly defended Rittenhouse’s decisions to kill. Rittenhouse is the very definition of an “outside agitator” who came into somebody else’s community armed to do violence, but because he murdered-while-white, he will probably walk free.

That reality is almost assured because, even if Rittenhouse somehow draws an impartial jury, he has already won the white people’s lottery and landed a very partial white judge.

Wisconsin state judge Bruce Schroeder has presided over the Rittenhouse case from the beginning and has done nearly everything he can to tilt the scales of justice in Rittenhouse’s favor. This week, in the last pretrial conference, Schroeder declared that prosecutors are not allowed to refer to the people Rittenhouse murdered as “victims” during the trial. He said “victims” is too “loaded” a term, as if there were some other word we should use for unarmed people who were shot to death.

Now, there is a progressive argument for not calling victims of homicide “victims” at trial. I can absolutely see the argument that using the term in a case where the defendant claims self-defense lacks neutrality. It’s a choice other judges have made, though I doubt that this kind of neutrality would be given to a Black teen who gunned down people at a MAGA rally. Still, I wouldn’t call Judge Schroeder biased for this ruling alone. I call Schroeder biased because at the same conference at which he decided to prohibit the prosecution from using the word “victims” to describe the people Rittenhouse shot, he said he would allow the defense to use words like “rioters,” “looters,” and “arsonists” to describe those same people.

That’s bullshit. The (ahem) victims are not on trial. Rittenhouse is. Refusing to allow prosecutors to use linguistically accurate terms for people who did not voluntarily attempt to catch a bullet with their face at the same time as allowing the defense to use prejudicial language to characterize what those people were doing at the time is the very definition of bias. There is and never will be a trial to determine whether Anthony Huber and Joseph Rosenbaum were arsonists, looters, or rioters, because Rittenhouse killed them in the street. Indeed, the sole surviving victim of Rittenhouse’s gunfire, Gaige Grosskreutz, has not been charged with rioting, looting, arson, or any crime whatsoever arising out of the protests in Kenosha. (The judge did say that the prosecutors could call Rittenhouse a “cold-blooded killer” if they could “back it up with evidence”—as if the presence of two unarmed dead people at Rittenhouse’s feet didn’t make the fact that he was a killer self-evident.)

At the same time, Schroeder announced that he will not allow prosecutors to introduce evidence of Rittenhouse’s prior disposition to shoot people to death. There is video of Rittenhouse watching from a car as people leave a CVS: He calls them “looters” and says that he wishes he had a gun to shoot them. The video was taken in August 2020, about two and a half weeks before Rittenhouse shot up the streets of Kenosha. There are also photos from January 2020 of Rittenhouse posing with members of the Proud Boys. Both the video and the photos will be excluded, but the police patting Rittenhouse on the head like a good little white supremacist will be included.

And these are just the biased decisions Schroeder has made before the trial starts. Once it gets going, once he gets to rule on objections and jury instructions, there’s no telling how much worse he’ll get. Schroeder’s actions suggest he has predetermined the case in favor of Rittenhouse, and at trial the prosecution will be fighting against that as well as against Rittenhouse’s actual defense lawyers.

All of this suggests that Rittenhouse will walk free. Schroeder appears to believe that the shooting of “rioters,” “looters,” and “arsonists” by a white teenager is a “victimless” crime. All the defense has to do is find one juror who agrees with the judge.

OCG This Week ::: “White Collar Crime: How Whiteness Presides” ::: Professor Jennifer Taub :: Author, “Big Dirty Money”

“White Collar Crime: How Whiteness Presides”

“Big Dirty Money”, Author, Professor Jennifer Taub

Professor Jennifer Taub, Esq.

  January 9, 2021 :: 10 pm EST

Join us LIVE: http://bit.ly/OCGTruthTalk

In a controversial 1975 article, titled “White Racism, Black Crime, and American Justice,” criminologist Robert Staples argued that discrimination pervades the justice system. He said the legal system was made by white men to protect white interests and keep Blacks down. (At the time this was received as “outlandish and untrue”). Staples charged that the system was characterized by second-rate legal help for Black defendants, biased jurors, and judges who discriminate in sentencing. No matter, study after study demonstrates how extreme racial disparities address for Blacks in the judicial system, no matter the income strata or available resources.

Unwarranted disparity is defined as different treatment of individual offenders who are similar in relevant ways, or similar treatment of individual offenders who differ in characteristics that are relevant to the purposes of charging and sentencing. Whiteness is honored, it is protected and it blinds much of the judicial process. We can no longer deny, racial disparities exist because the system protects whiteness for the most part. It is clear that in sentencing especially, “departure” from the guidelines is reserved for mostly whites, and rarely extended to Blacks. Fair sentencing is individualized sentencing and it is mostly decided by people who value whiteness, having a value system of what crimes are punishable with distinct stereotyping of criminals.

Our guest, Professor Jennifer Taub, in her book, “Big Dirty Money” suggests we first attempt to measure white-collar crime as a whole. Then we need to measure the harm to victims in terms that go beyond the economic costs. She points out that “The wealthy have the resources either to exert political influence or become lawmakers themselves”. But Taub explicitly and persuasively places the breakdown of enforcement and accountability in the context of money and class.

What happens when a group of wealthy bankers fraudulently bring foreclosures on an entire class of people, as they did after the crash of 2008? Unlike a loss of, say, $210, the loss of a person’s home affects their life and well-being in ways that cannot be assigned a dollar amount. Thousands of people have spent the years since the recession uprooted from their communities. Taub posits that “the elite class had the power to define what was criminal.”

What happens when the President of the United States pardons criminals who have violated security, foreign interference, sedition, and treason laws? Trump is a stark illustration of why so few wealthy malefactors are held accountable. Like other members of the .01 percent, he can act with seeming impunity, able to buy or influence his way out of trouble. He empathizes with rich people who run afoul of the law. He minimizes their guilt, suggesting white-collar crimes aren’t really crimes, especially when the accused are white men, as the vast majority of all rich white-collar criminals are. Yet Trump is a symptom, not the cause. What happens when white politicians create laws to intentionally suppress and violate voters? How can we measure the social and political costs of mass dispossession because the defendant and violator are protected by a cloud of whiteness?

We will talk with Professor Taub who clearly articulates in her book, the cause and effect of white-collar crime “blinded by the whiteness” that plagues the judicial system. Leaving white-crime bosses to their devices operated by their money and “white card”.

ABOUT Jennifer Taub

Jennifer Taub is a legal scholar and advocate, devoted to making complex business law topics engaging inside and outside of the classroom. Her research and writing focuses on corporate governance, banking and financial market regulation, and white collar crime. Similarly, her advocacy centers on “follow the money” matters  –– promoting transparency and opposing corruption.

Her new book, Big Dirty Money: The Shocking Injustice and Unseen Cost of White Collar Crime (Viking) will be published on September 29, 2020. Taub was a co-founder and organizer of the April 15, 2017 Tax March where more than 120,000 people gathered in cities nationwide to demand President Donald Trump release his tax returns. She is a professor of law at the Western New England University School of Law where she teaches Civil Procedure, White Collar Crime, and other business and commercial law courses, and was the Bruce W. Nichols Visiting Professor of Law at Harvard Law School during the fall 2019 semester. She formerly was a professor at Vermont Law School.

An authority on the 2008 mortgage meltdown and related financial crisis, Taub is also an emerging expert in white collar crime. In addition to Big Dirty Money, she is co-author with the late Kathleen Brickey of Corporate and White Collar Crime: Cases and Materials, 6th edition (Wolters Kluwer 2017). Relatedly, she has appeared on cable news programs including MSNBC’s Morning Joe and CNN Newsroom to discuss the Special Counsel investigation into links between Russia and the Trump presidential campaign.

In the area of banking and financial market regulation, Taub’s book Other People’s Houses: How Decades of Bailouts, Captive Regulators, and Toxic Bankers Made Home Mortgages a Thrilling Business was published in May 2014 by Yale University Press. Recognized as accessible and informative, OPH was honored by the Massachusetts Center for the Book as one of the 2015 finalists in the nonfiction category. Other People’s Houses was favorably mentioned by Nobel Laureate, Robert Shiller in his 2015 edition of Irrational Exuberance. Taub testified as an expert before the United States Senate Banking Committee and a United States House Financial Services Subcommittee. She also co-organized a conference and co-lead a panel discussion at the Financial Stability Law Workshop at the U.S. Treasury Department, hosted by the Office of Financial Research.

In addition to Other People’s Houses, Taub has written extensively on the financial crisis. Her publications include “The Sophisticated Investor and the Global Financial Crisis” in the peer-reviewed Corporate Governance Failures (UPenn Press, 2011) and a case study on AIG in Robert A. G. Monks and Nell Minow’s fifth edition of Corporate Governance (Wiley, 2011). In response to Roberta Romano, she presented and wrote “Regulating in the Light: Harnessing Political Entrepreneurs’ Energy for Post-Crisis Sunlight Hearings” (St. Thomas L. Rev. 2015). Additional works include the chapter “Delay, Dilutions, and Delusions: Implementing the Dodd-Frank Act” in Restoring Shared Prosperity (2013) and “What We Don’t Talk About When We Talk About Banking,” in the Handbook on the Political Economy of the Financial Crisis (Oxford, 2012). She wrote entries on “Shadow Banking” and “Financial Deregulation” for the Oxford Encyclopedia of American Business, Labor and Economic History (Oxford, 2013) and the chapter “Great Expectations for the Office of Financial Research,” in Will it Work? How Will We Know? The Future of Financial Reform (2010). In addition, she has published Reforming the Banks for Good in Dissent (2014). Her article, “The Subprime Specter Returns: High Finance and the Growth of High-Risk Consumer Debt,” was published in the New Labor Forum (2015). And, she recently wrote a book chapter on “New Hopes and Hazards for Social Investment Crowdfunding” in Law and Policy for a New Economy (Edward Elgar, 2017).

Taub’s corporate governance work often focuses on the role of institutional investors, including mutual funds. Her article “Able but Not Willing: The Failure of Mutual Fund Advisers to Advocate for Shareholders’ Rights,” published in the Journal of Corporation Law (2009) was presented at a conference jointly sponsored by the Millstein Center for Corporate Governance and the Oxford Said Business School. Her article “Managers in the Middle: Seeing and Sanctioning Corporate Political Spending after Citizens United” was presented at the Brennan Center for Justice at NYU and later published in the NYU Journal of Legislation and Public Policy (2012). Taub’s article, “Is Hobby Lobby a Tool for Limiting Corporate Constitutional Rights,” was presented at Harvard Law School and later published in a symposium issue of Constitutional Commentary in 2015 on Money, Politics, Corporations, and the Constitution (2015).

Taub has also ventured into the area of legal education and pedagogy. This includes her article “Unpopular Contracts and Why They Matter: Burying Langdell and Enlivening Students,” published in the Washington Law Review (2013). She is a co-author with Martha McCluskey and Frank Pasquale of “Law and Economics: Contemporary Approaches,” published in Yale Law & Policy Review (2016). With McCluskey and Pasquale, Taub is a co-founder of APPEAL (the Association for the Promotion of Political Economy and the Law), a research network linking economists, legal scholars, and policy makers concerned with inequality and instability who view markets and the government as mutually constituted. She has also developed a model syllabus for course on Financial Stability.

In 2017, Taub received the Vermont Law School, Women’s Law Association Phenomenal Woman Award in the faculty category. She also served as chair of the Section on Financial Institutions and Consumer Financial Services for the 2017 AALS annual meeting. Prior to joining academia, Taub was an associate general counsel with Fidelity Investments. She received her BA degree, cum laude, from Yale University, with distinction in the English major, and her JD, cum laude, from Harvard Law School where she was the Recent Developments Editor at the Harvard Women’s Law Journal. She was a visiting professor at the University of Illinois College of Law for a short course in 2015 and a visiting fellow at the Yale School of Management during the 2016 spring semester. She was a visiting professor at the University of Connecticut School of Law during the 2019 spring semester.

Taub has written pieces for a variety of platforms including The Washington PostCNN opinion page, Slate, the New York Times Dealbook, Dame Magazine, The Baseline Scenario, Race to the Bottom, Pareto Commons, The Conglomerate, and Concurring Opinions.

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America doesn’t want unity. It wants absolution without restitution ::: Renee Graham :: The Boston Globe

America doesn’t want unity. It wants absolution without restitution

Renee Graham, Boston Globe

Throughout his campaign, and especially during his first speech as president-elect, Joe Biden stressed the need for unity. “Our nation is shaped by the constant battle between our better angels and our darkest impulses,” he said. “It is time for our better angels to prevail.”

Abraham Lincoln first summoned “the better angels of our nature” in his inaugural speech in 1861. A month later, the Civil War began; we’ve been waiting ever since for these rumored apparitions of our nation’s inherent goodness to prevail.

America has never wanted unity. It prefers absolution over restitution.

When this nation’s leaders speak of unity, that often means, “We need to move on,” even though unchecked trauma leaching from one generation to another prohibits any such thing. For many of us, especially Black and brown people, unity is a five-letter word for “Shut up and get over it.” That is how this nation regards calls for repair of systemic disenfranchisement.

Before accord, there must be an accounting — otherwise, it’s like leaving a tick’s head embedded beneath the skin. The problem is less visible, but the host body remains sick and unsound.

In his speech, Biden seemed to speak very specifically about the horrors imposed these past four years. (And they aren’t over.) Of course, what we witnessed during the Trump years was an amplification of the racism and other hatreds that plagued this country long before a failed businessman became a failed president.

“Every day we hear about how society is splitting apart — a polarized Congress, a fragmented media market, a persistent schism among Americans over social issues. But really, how bad are the divisions?” Bob Cohn (now president of The Economist), wrote in The Atlantic. His conclusion: “Pretty bad.”

That was seven years ago. Trump did not create the divisions; he exploited the hell out of them.

About 10 million more people voted for Trump in the 2020 election than in 2016. Again, most of them are white. This I believe: They want to be feared, not understood, and their only definition of unity is aligning against anyone who doesn’t think like them. They’re willing to tear this nation apart with baseless, anti-democracy conspiracies to slake one man’s flimsy ego and their own relevance in an increasingly multiracial, multicultural nation.

Fox News is even chiding Democrats for lobbing “angry rhetoric at those who have worked with and for, and even those who simply support, Trump.” For the president’s propaganda network, achieving unity is a burden to be borne only by those who oppose the president. I don’t hear many Trump supporters reckoning with why they still support the worst president in modern American history.

And that’s par for this country. During a 2017 Harvard conference on universities and slavery, writer Ta-Nehisi Coates said, “I don’t know how you conduct research that says your very existence is rooted in a great crime, and you just say, at best, ‘Sorry,’ and walk away.

For its entire existence, America has mostly walked away. From nearly 250 years of Black people in bondage to the genocidal “Trail of Tears” that forced thousands of Indigenous people from their lands in the 1800s; from the 1921 Tulsa Race Massacre during which white people killed hundreds and destroyed that Oklahoma city’s “Black Wall Street” to every barbarity the current administration concocted to punish those who sought only a better life, this nation continually opts for historical amnesia over atonement.

As the Rev. Bernice King, daughter of Martin Luther King Jr., tweeted, “We can’t skip justice and get to peace.” Nor can we get there without equality.

Scars of this catastrophic presidency will lie alongside festering wounds long untended. There’s no shortcut to unity, a challenge in a nation that would rather be comfortable than truthful. This unfinished democracy will never be whole until all of its practitioners abandon the collective silence that cloaks their complicity. To move toward unity, white supremacy must first be demolished. America has shown no serious inclination to do that, and more than 72 million Trump voters serve as damning proof.

For the sake of this country, I wish Biden every success. I hope he understands that unity is not self-achieving. The most arduous labor must be done by those who have inflicted or benefited from the pain of so many others. Until then, do not ask me to forgive all this nation is too eager to forget.


Renée Graham can be reached at renee.graham@globe.com. Follow her on Twitter @reneeygraham.

Source: America doesn’t want unity. It wants absolution without restitution – The Boston Globe

White Backlash Is Nothing New – The Atlantic

A group of black marchers protesting school-board policies is met by white counterprotesters during a double demonstration in Memphis on August 31, 1963.
A group of black marchers protesting school-board policies is met by white counterprotesters during a double demonstration in Memphis on August 31, 1963.BILL HUDSON / AP

The word backlash gained popularity in the summer of 1963, when, after dallying on the issue for the first two years of his presidency, President John F. Kennedy proposed significant civil-rights legislation. In response, the word, which had primarily denoted the recoil of a fishing line, was repurposed, usually as “white backlash,” to refer to opposition to the increased pace of African American civil-rights activism or the Kennedy (and, after his assassination in November 1963, the Lyndon B. Johnson) administration’s legislative proposals and executive actions, or both.

In 1966, a commentator, speaking of “the grand new word, backlash,” claimed without much exaggeration that “just about everything that happened could be (and was) attributed to some form of backlash.” The word came to stand for a topsy-turvy rebellion in which white people with relative societal power perceived themselves as victimized by what they described as overly aggressive African Americans demanding equal rights. Backlash, as the New York Times columnist Tom Wicker wrote, “is nothing more nor less than white resentment of Negroes.”

Moving beyond an opposition to civil rights, the word backlash—less frequently qualified as “white”—quickly became a synonym for a new and growing conservative force, signifying a virulent counterreaction to all manner of social movements and cultural transformations that became central to American politics. Over time, observers noted manifestations of this reaction in a “Southern backlash,” a “male backlash,” a “heterosexual backlash,” a “property tax backlash” and a “backlash against environmentalists.” Just a month after the passage of the Civil Rights Act, a journalist described the United States as being in the midst of “a multitude of backlashes.” But as one commentator pointed out, “The word which gave rise to all sorts of other ‘lashes’ was coined in reference to white opposition to Negro gains.”

During Reconstruction, opponents of the black-freedom struggle deployed preemptive, apocalyptic, slippery-slope arguments that have remained enduring features of backlash politics up to the present. They treated federal support for African American civil rights, economic and social equality—however delayed, reluctant, underfunded, and incomplete it may have been—as a cataclysmic overreaction and framed it as a far more dangerous threat to liberty than the injustice it was designed to address. In 1867, not even two years after ratification of the Thirteenth Amendment, the Brooklyn Daily Eagle decried the placement of political power “in the hands of a property-less and ignorant class of the population,” and pronounced that “the pending Reconstruction scheme must be abandoned.”

Since then, such framing has done more than merely shape the politics of reaction in the United States; it has also constrained putatively supportive political leaders, who live in fear of setting off backlashes. Responding to a moderate plan to enfranchise only free blacks in Louisiana in 1864, the Union general Nathaniel P. Banks, worrying about a negative response from the state’s whites, who were being defeated in the Civil War, said, “Revolutions which are not controlled and held within reasonable limits produce counter-revolution.” That obeisance to a defeated group in 1864 was an extreme version of a general pattern that has remained a hallmark of backlashes ever since: solicitousness to white fears.

For many white backlashers in the 1960s, the era of what the historian C. Vann Woodward called the “second Reconstruction,” the first Reconstruction remained a negative model. They viewed its reform as overly fast-paced, and felt that it foregrounded black civil rights at the cost of white people’s peace of mind. They associated civil-rights activism with what popular historians and commentators of the day called the “excesses” of Reconstruction, by which they meant a combination of “militant” African American demands for basic equality with overweening, aggressive, and hasty federal action in support of interracial democracy. Thurman Sensing of the Southern States Industrial Council, a conservative business group, described the civil-rights movement in 1966 as an effort to force “the Reconstruction of American customs,” showing the degree to which the post–Civil War campaign for racial equality remained a central metaphor for white backlashers. The journalist in December 1963 who noted the political power of those opposed to “Negro pressure for equal opportunity and the Federal Government’s pace on the Civil Rights front,” could just as easily have been describing the origins of the counterrevolution of the 1870s.

What is particularly noteworthy is that the white backlash in this case was in place before the passage of the Civil Rights Act in July 1964. The pattern is this: American reactionary politics is nearly always preemptive, predicting catastrophe and highlighting potential slippery slopes. “White backlash,” after all, got its name in 1963, just months after African Americans in Birmingham risked attacks from police dogs and high-pressure fire hoses in order to demand justice, and immediately after Kennedy mooted the idea of substantive legislation—both events taking place well before the Civil Rights Act became law. What one reporter called “white panic” was driven by fears of “favoritism” and “special privileges” for African Americans—that white “workers would be forced out of their jobs to make way for Negroes,” as one article put it that year, when Jim Crow still prevailed. “Many of my people think the Negroes want to take over the country,” a midwestern Republican politician said in a Wall Street Journal article published on April 10 of the following year, still months before the Act’s passage. “They think there are things in the bill that just aren’t there, like forced sales of housing to Negroes and stuff like that.” White backlashers imagined coercion where it did not exist. They embraced a lexicon and posture of victimization that hearkened back to the era of Reconstruction and anticipated the deceiving, self-pitying MAGA discourse that drives reactionary politics in Donald Trump’s America.

Residents of Levittown, Penn., are shown during a rally to protest plans by William Myers, a black man, to move into a home in the all-white community of 60,000 persons, Aug. 17, 1957.  (Bill Ingraham / AP)
Residents of Levittown, Pennsylvania, are shown during a rally on August 17, 1957, to protest plans by William Myers, a black man, to move into a home in the all-white community of 60,000 people.  (Bill Ingraham / AP)

Since reconstruction, many backlash campaigns have imposed a politics of white fragility and frustration onto racial-equality struggles. Reporting on the “hate vote” in The Saturday Evening Post, in October 1964, one month before the presidential election, Ben H. Bagdikian highlighted the “churning, emotional conflict within each voter,” by which he meant white people. He noted that the backlashers “are not against a better life for the Negro, but they are strongly against this being achieved at the cost of white tranquility.” The elevation of “tranquility” over equal justice for all was a hallmark of backlash discourse, which ranked white feelings over black rights.

Backlashers understood civil rights as zero-sum, and therefore treated campaigns for African American equality as an inexcusable undermining of what they saw as deserved white privileges and prerogatives. A New York Times poll revealed, in condensed form, the emotional landscape of the white backlash: “Northern white urbanites have no sympathy for the Negro’s plight, and believe the Civil Rights movement has gone too far, while a considerable percentage believes Negroes ‘don’t appreciate what we’re doing for them.’” The extension of sympathy, such as being in favor of a “better life for the Negro,” was, then, conditional on personal convenience and easily withdrawn. “In general, the persons interviewed were mildly in favor of a better break for Negroes—as long as it wouldn’t affect them personally,” the reporter Dave Allbaugh observed in 1963.

White backlashers did not just wallow in their fear, anger, and resentment. In broadcasting these feelings widely, they shaped the limits of acceptable reform. Recommending a “go-slow course,” they could extend sympathy or not, and sought to determine when equal rights crossed the line into “special privileges.” A reporter noted “the apprehension of suburbanites and others in white neighborhoods that their residential areas will face an influx of Negroes.” In this worldview, whites presented themselves as victims, the crimes perpetrated against them by campaigns for equality were anxiety, inconvenience, and fear. Long before the passage of the Civil Rights Act, a politician told the Post’s Roberts in October 1963, “For the first time, I’m getting mail from white people saying, ‘Wait a minute, we’ve got rights too.’” The “too” was especially telling because at that time a large number of African Americans still lacked federal protection for basic civil and voting rights.

The reporting on the backlash foregrounded white fears and anxieties in a way that coverage of African Americans rarely did. Jerry Landauer’s April 1964 report for the Wall Street Journal highlighted white people’s “emotion-laden struggle,” appropriating even the word struggle to describe the psychological challenges for white Americans of adjusting to the possibility of racial equality. Landauer noted “the intense resentment of large blocs of whites in the North,” which was amplified by the likelihood that the Civil Rights Act might actually become law (which it did in July). “To them, the bill has become a symbol of fear—fear of losing jobs to Negroes; fear that neighborhood schools will be flooded by Negro kids ‘bussed in’ from across town; fear that homeowners will be forced to sell, if they wish to sell at all, to Negro newcomers.” These were fears of the consequences of African American equality, framed as unfair victimization.

Throughout what we might call the “backlash era,” African Americans offered a clear-eyed analysis and robust critique of backlashes and white defenses of them, taking them to be, as the ex-baseball star and longtime activist Jackie Robinson put it in a 1966 New York Amsterdam News article, “a great big fat alibi for bigotry.” Whereas many white observers in the early 1960s highlighted the novelty of white backlash, Martin Luther King Jr. more accurately called it “a new name for an old phenomenon” that “had always existed underneath and sometimes on the surface of American life.”  Langston Hughes wrote a poem, “The Backlash Blues,” which Nina Simone later set to music and recorded.

Members of the Arkansas-based white-pride organization White Revolution protest on May 21, 2005. (David S. Holloway / Getty)

Perhaps Lorraine Hansberry most directly put her finger on the issue in a June 1964 talk titled “The Black Revolution and the White Backlash,” which she gave at the Town Hall in New York City. She spoke during an event organized by the Association of Artists for Freedom, a group of African American artists and intellectuals, about two weeks before the passage of the Civil Rights Act. Pointing to the long history of the black-liberation struggle, Hansberry said, “The charge of impatience is simply unbearable.” Her request to the “white liberal to stop being a liberal and to become a radical” was largely a call for those liberals to recognize that the true victims of racism were not resentful white Americans but African Americans demanding equality.

But, as Johnson was also well aware, the forces of backlash were far from defeated. “I think we just delivered the South to the Republican Party for a long time to come,” LBJ told Bill Moyers, his press aide, shortly after he signed the Civil Rights Act. With the hindsight that history offers, we can see that Goldwater’s campaign was less a sign of the backlash’s vanquishing than a harbinger of modern conservatism. In 1966, the influential columnists Rowland Evans and Robert Novak called white backlash “a permanent feature of the political scene,” where it has remained ever since.

Using the same phrase that General Banks had employed a century earlier, but to different purposes, a columnist wrote that the proper way to understand white backlash was as “a counter-revolution against the black man.” Counterrevolution is a phrase that Americans rarely use to describe our politics. But it is not unfair or inaccurate to apply this label to white backlash, whose explicit goal was to slow or halt the civil-rights revolution.

The backlashers lost a number of key political battles in the 1960s, the decade in which they got their name. From Reconstruction to the New Deal, they had been vanquished before, and they’ve been defeated more recently, too, in a variety of areas—LBGTQ rights, for example. But both before and since, the preemptive politics of grievance and anti-egalitarianism they championed, whereby the psychology of privilege takes center stage while the needs of the oppressed are forced to wait in the wings, has left a deforming and reactionary imprint on our political culture. It has done so not just by emboldening reactionaries but by making the fear of setting off backlashes a standard element of the political conversation.

Neo-Nazis, members of the alt-right, and white supremacists take part in a “Unite the Right” rally in Charlottesville, Virginia, in 2017.* (Zach D Roberts / NurPhoto via Getty)

Consider, as examples, when last year the economist Larry Summers tweeted about the dangers of a wealth tax “boomerang,” and David Brooks warned about the “ugly backlash” that would likely follow an impeachment trial. Or, in a similar vein, when the columnist Ross Douthat wrote that if the Democrats adopt the Green New Deal, it “will empower climate-change skeptics, weaken the hand of would-be compromisers in the GOP” and “possibly help Donald Trump win re-election.” In this way, backlash politics has become a constraint on modern liberalism.

The backlashers have been out in force at recent anti-social-distancing protests, which have been dominated by white people proclaiming that public-health measures to prevent the spread of COVID-19 are robbing them of their birthright of liberty. Making the connection to prior backlashes explicit, some protesters have waved Confederate flags and held signs that read give me liberty or give me death. While in some ways laughable, given their complaints about being unable to get a haircut or having to “get two iced teas in the drive thru,” some of the protesters also incite fear, with their ostentatious weapon-wielding and threats of violence, to say nothing of their willingness to potentially infect others with the coronavirus. Drawing upon the template of the backlashes of earlier historic moments, these protesters, too, combine the paranoia and insecurity that have long warped our political culture with acclamations of freedom for some at the expense of freedom for all. As during Reconstruction and the civil-rights era, we face once again the danger that a politics of freedom and equality may be eclipsed by the psychology of white resentment.


* A photo caption in this article previously misstated the date the photo was taken. It is from the 2017 “Unite the Right” rally in Charlottesville, Virginia.

Lawrence B. Glickman is a history professor at Cornell University. He is the author, most recently, of Free Enterprise: An American History.

Source: White Backlash Is Nothing New – The Atlantic

I Wanted to Know What White Men Thought About Their Privilege. So I Asked. – The New York Times

“I finally got up my nerve to ask a stranger directly about white privilege as I was sitting next to him at the gate. He had initiated our conversation, because he was frustrated about yet another delay. We shared that frustration together. Eventually he asked what I did, and I told him that I write and teach. “Where do you teach?” he asked. “Yale,” I answered. He told me his son wanted to go there but hadn’t been accepted during the early-application process. “It’s tough when you can’t play the diversity card,” he added.Was he thinking out loud? Were the words just slipping out before he could catch them? Was this the innocence of white privilege? Was he yanking my chain? Was he snapping the white-privilege flag in my face? Should I have asked him why he had the expectation that his son should be admitted early, without delay, without pause, without waiting? Should I have asked how he knew a person of color “took” his son’s seat and not another white son of one of these many white men sitting around us?I was perhaps holding my breath. I decided to just breathe.”

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