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Neoliberal Myths

Why Ray Kelly Protesters Did the Right Thing

By ANDREW TILLETT-SAKS | CounterPunch | November 7, 2013

Every few years, protestors shout down a conservative speaker at an American University. Every few years, rancorous debate ensues. Every few years, the warring sides yell past one another; the opponents of the ‘shout-down’ uphold the sanctity of ‘free speech’ while the protestors decry the awful ‘real world impact’ of the conservative speaker’s message.

In the wake of the Brown University shout-down of Ray Kelly, champion of the NYPD’s racist stop-and-frisk policy and racial profiling in general, the debate has resurfaced. Rather than talking past the anti-protestors’ arguments, they need to be addressed directly. The prototypical argument in denouncing the protestors is not a defense of Ray Kelly’s racism. It is twofold: First, that a free-flowing discourse on the matter will allow all viewpoints to be weighed and justice to inevitably emerge victorious on its merits. Second, that stopping a bigot from speaking in the name of freedom is self-defeating as it devolves our democratic society into tyranny.

The twofold argument against the protestors stems from two central myths of neoliberalism. The argument for free discourse as the enlightened path to justice ignores that direct action protest is primarily responsible for most of the achievements we would consider ‘progress’ historically (think civil rights, workers’ rights, suffrage, etc.), not the free exchange of ideas. The claim that silencing speech in the name of freedom is self-defeating indulges in the myth of the pre-existence of a free society in which freedom of speech must be preciously safeguarded, while ignoring the woeful shortcomings of freedom of speech in our society which must be addressed before there is anything worth protecting.

Critics of the protest repeatedly denounced direct action in favor of ideological debate as the path to social justice. “It would have been more effective to take part in a discussion rather than flat out refuse to have him speak,” declared one horrified student to the Brown Daily Herald. Similarly, Brown University President Christina Paxson labeled the protest a detrimental “affront to democratic civil society,” and instead advocated “intellectual rigor, careful analysis, and…respectful dialogue and discussion.” Yet the implication that masterful debate is the engine of social progress could not be more historically unfounded. Only in the fairy tale histories of those interested in discouraging social resistance does ‘respectful dialogue’ play a decisive role in struggles against injustice. The eight-hour workday is not a product of an incisive question-and-answer session with American robber barons. Rather, hundreds of thousands of workers conducted general strikes during the nineteenth century, marched in the face of military gunfire at Haymarket Square in 1886, and occupied scores of factories in the 1930’s before the eight-hour work day became American law. Jim Crow was not defeated with the moral suasion of Martin Luther King, Jr.’s speeches. Rather, hundreds of thousands marched on Washington, suffered through imprisonment by racist Southern law enforcement, and repeatedly staged disruptive protests to win basic civil rights. On a more international scale, Colonialism, that somehow-oft-forgotten tyranny that plagued most of the globe for centuries, did not cease thanks to open academic dialogue. Bloody resistance, from Algeria to Vietnam to Panama to Cuba to Egypt to the Philippines to Cameroon and to many other countries, was the necessary tool that unlocked colonial shackles. Different specific tactics have worked in different contexts, but one aspect remains constant: The free flow of ideas and dialogue, by itself, has rarely been enough to generate social progress. It is not that ideas entirely lack social power, but they have never been sufficient in winning concessions from those in power to the oppressed. Herein lies neoliberal myth number one—that a liberal free-market society will inexorably and inherently march towards greater freedom. To the contrary, direct action has always proved necessary.

Yet there are many critics of the protestors who do not claim Ray Kelly’s policies can be defeated with sharp debate. Instead, they argue that any protest in the name of freedom which blocks the speech of another is self-defeating, causing more damage to a free society by ‘silencing’ another than any potential positive effect of the protest. The protestors, the argument goes, tack society back to totalitarian days of censorship rather than forward to greater freedom. The protestors, however well intentioned, have pedantically thwarted our cherished liberal democracy by imposing their will on others.

The premise of this argument is neoliberal myth number two—that we live in a society with ‘freedom of speech’ so great it must be protected at all costs. This premise stems from an extremely limited conception of ‘freedom of speech’. Free speech should not be considered the mere ability to speak freely and inconsequentially in a vacuum, but rather the ability to have one’s voice heard equally. Due to the nature of private media and campaign finance in American society, this ability is woefully lopsided as political and economic barriers abound. Those with money easily have their voices heard through media and politics, those without have no such freedom. There is a certain irony (and garish privilege) of upper-class Ivy Leaguers proclaiming the sanctity of a freedom of speech so contingent upon wealth and political power. There is an even greater irony that the fight for true freedom of speech, if history is any indicator, must entail more direct action against defenders of the status quo such as Ray Kelly. To denounce such action out of indulgence in the neoliberal myth of a sacrosanct, already existing, freedom of speech is to condemn the millions in this country with no meaningful voice to eternal silence.

Every few years, an advocate of oppression is shouted down.  Every few years, the protestors are denounced. They are asked to trust open, ‘civil’ dialogue to stop oppression, despite a historical record of struggle and progress that speaks overwhelmingly to the contrary. They are asked to restrain their protest for freedom so to protect American freedom of speech, despite the undeniable fact that our private media and post-Citizens United political system hear only dollars, not the voices of the masses. Some will claim that both sides have the same goal, freedom, but merely differ on tactics. Yet the historical record is too clear and the growing dysfunctions in our democracy too gross to take any such claims as sincere. In a few years, when protestors shout down another oppressive conservative, we will be forced to lucidly choose which side we are on: The oppressors or the protestors. The status quo or progress.

Andrew Tillett-Saks is an organizer with UNITE HERE Local 217. He can be reached at:  atillett-saks@unitehere.org.

Ray Kelly At Brown (Full Inside Event Coverage)

http://www.youtube.com/watch?v=6Qch6b7GaJM#t=654

Video by Emily Kassie | www.brownpoliticalreview.org

November 7, 2013 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Subjugation - Torture, Video | , , , , | Leave a comment

Settlement Means No More Highway Robbery in Tenaha, Texas

By Elora Mukherjee, Staff Attorney, ACLU Racial Justice Program | August 9, 2012

On Friday, the ACLU settled a class action lawsuit, pending court approval, against officials in the East Texas town of Tenaha and Shelby County over the rampant practice of stopping and searching drivers, almost always Black or Latino, and often seizing their cash and other valuable property. The money seized by officers during these stops went directly into department coffers. It was highway robbery, targeting those who could least afford to challenge the officers’ abuse of power, under the guise of a so-called “drug interdiction” program and made possible by Texas’s permissive civil asset forfeiture laws.

Hundreds, if not more than a thousand, people have been stopped under the interdiction program. From 2006 to 2008, police seized approximately $3 million from at least 140 people as part of the program. None of the ACLU’s clients were ever arrested or charged with a crime after being stopped and shaken down.

Officers who are defendants in the case testified that there were no limits on the searches and seizures conducted under the interdiction program. One of the defendants, Barry Washington, testified that he considered the ethnicity and religion of the motorists to be factors relevant to establishing reasonable suspicion of criminal activity. Under oath, when asked what indicators of criminal activity might be, Washington testified:

Well, there could be several things. There could even be indicators on the vehicle. The number one thing is you have two guys stopped, and these two guys are from New York. They’re two Puerto Ricans. They’re driving a car that has a Baptist Church symbol on the back, says First Baptist Church of New York.

The plaintiffs in the ACLU’s lawsuit lost hundreds or even thousands of dollars to the defendant officers. If they refused to part with their money, officers threatened to arrest them on false money laundering charges and other serious felonies. The consequences for parents of color were even worse: officers threatened mothers like Jennifer Boatwright that if they did not part with their cash and valuables, their children would be taken away from them and put in foster care. This was not an empty threat; when Dale Agostini, a successful restaurant owner, refused to hand over $50,000 in business earnings he was carrying to buy new restaurant equipment, police seized both his money and his 16-month-old son. When Agostini pleaded to keep his son or at least kiss him goodbye, the officers refused and simply continued counting the money they had seized from him.

Thankfully, pending court approval of the ACLU’s settlement, police will now be required to observe rigorous rules that will govern traffic stops in Tenaha and Shelby County. All stops will now be videotaped, and the officer must state the reason for the stop and the basis for suspecting criminal activity. Motorists pulled over during a traffic stop must be advised orally and in writing that they can refuse a search. In addition, officers are no longer using dogs in conducting traffic stops. No property may be seized during a search unless the officer first gives the driver a reason for why it should be taken. All property improperly taken must be returned within 30 business days. And any asset forfeiture revenue seized during a traffic stop must be donated to non-profit organizations or used for the audio and video equipment or training required by the settlement.

To the best of our knowledge, this settlement is unprecedented in not only strictly monitoring traffic stops for racial profiling and other abuses, but also removing the incentives that can lead law enforcement to engage in highway robbery.

While Tenaha represents some of the most egregious abuses in racial profiling and civil asset forfeiture, the facts are far from unique. The ACLU is investigating similar abuses in states across the nation. In the meantime, the settlement in Tenaha should send a message to law enforcement departments across the nation: officers should focus on protecting the communities they serve, not on policing for profit.

August 13, 2012 Posted by | Civil Liberties, Ethnic Cleansing, Racism, Zionism, Subjugation - Torture, Timeless or most popular | , , , , , | Leave a comment