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... ... @@ -1,16 +1,0 @@ 1 -Racism is Systemic and Institutionalized in US Police. Walcott ’15.JAMES WOLCOTT. The Other Cultural Forces Behind Police Brutality. Vanity Fair. JULY 2015http://www.vanityfair.com/culture/2015/06/police-deaths-baltimore-ferguson-james-wolcott 2 -Black Lives Matter was the protest message adopted after the acquittal in 2013 of George Zimmerman in the shooting of the unarmed 17-year-old Trayvon Martin. It swelled into a movement as open season seemed to be declared on black males and tragedies multiplied. Black lives matter in America, but white lives rule. Self-styled, homegrown, beef-jerky Red Dawn “Wolverines!” Open Carry showboats can preen about with AR-15s strapped to their backs without meeting kingdom come, and a psycho-killer such as James Eagan Holmes can be apprehended in one piece after conducting a massacre in an Aurora, Colorado, movie theater that left 12 dead and 70 wounded, while a black father of four, Rumain Brisbon, can be shot for holding a vial of pills mistaken for a weapon, another can be shot for handling a pellet gun at Walmart (John Crawford, aged 22), and a 12-year-old black child can have his future erased for playing with a BB gun, shot by an officer who may not have been aware the boy was holding a toy gun. (The victim, Tamir Rice, died the next day at the hospital and six months after his death had still not been buried, denied even that dignity. His family finally decided to have him cremated.)The latitude of response allowable to a black suspect is razor-thin to nonexistent. Resist, like Eric Garner, surrounded by a scrum of cops for the quality-of-life offense of allegedly selling individual cigarettes, or “loosies,” and you can find yourself in a choke hold that leaves you gasping, “I can’t breathe,” until the last breath goes. Flee and you may get shot in the back, like Walter Scott, felled by a South Carolina officer whose fairy-tale account of the incident collapsed when video showed him performing his fatal marksmanship, or like Eric Harris, who uttered, as he lay dying from a gunshot wound, “My God, I’m losing my breath,” to which one of Tulsa County’s finest responded, “Fuck your breath.” Or you may get tossed into a van and reduced to a bag of broken body parts, like Freddie Gray, whose death ignited a raging tempest in Baltimore. Seemingly surrender and you can still get killed point-blank, as happened to Jerame Reid, who emerged from the passenger side of a car at a traffic stop in New Jersey with his hands raised. Six shots later, he was history.It’s no great revelation that racism is rife in many police departments, even those in a city renowned for its liberal cosmopolitanism such as San Francisco, where a toxic spill of text messages between policemen (the most flagrant offender shared this handy health tip: “Cross burning lowers blood pressure! I did the test myself!”) led to officer dismissals and the review of thousands of cases. Such slur-slinging is sometimes defended as a combination of gallows humor and fraternal hazing, a Friars Roast on squad-car wheels that expresses camaraderie and releases job pressure, but the torture claims of nearly 200 black men at the hands of a white police commander and detectives in Chicago over the course of decades show that racial slurs emerge from embedded supremacist attitudes. 3 -The Aff is pure legal fantasy, the assumption that QI is the panacea to all our problems ignores the empirical reality of the court system, that such defenses don’t matter and officers still get off free Reinert 11’ Alexander A. Reinert “Does Qualified Immunity Matter?” 2011 University of St. Thomas Journal Volume 8.3 Spring 2011 4 -Thus, despite its broad potential, most commentators view Bivens liability as more powerful in theory than in practice. This is due partly to the Court’s continued hostility to “extending” Bivens to new constitutional contexts and partly to the barriers to success built into recognized Bivens causes of action. Thus, both academics and judges assume that Bivens litigation is generally unsuccessful as a practical matter.80 Commentators offer many explanations for this relative lack of success, but most agree that Bivens plaintiffs are disadvantaged because the personal defense of qualified immunity is an imposing barrier to recovery from federal officers.81 Supporting this general view that qualified immunity plays a significant role in the resolution of Bivens actions are empirical studies that have suggested that, when introduced as a defense, it is highly successful.82 These studies, however, were based entirely on reported decisions, which at the district court level may exclude over 95 of judicial decision-making.83 A study that I conducted of all district court decisions and dockets over a three-year period within five varied judicial districts revealed that only 2 of Bivens cases were resolved via qualified immunity defenses.84 While these data themselves are limited, they at least suggest the possibilty that it is misleading to look only to published cases to determine the role that qualified immunity plays in Bivens litigation. So, let us assume that qualified immunity plays a much less significant role in the outcomes of run-of-the-mill cases than has previously been assumed. Nonetheless, the defense still could have a significant impact on Bivens litigation for many reasons. First, because qualified immunity focuses on those cases in which the law is hazy, the defense is most logically going to do its most significant work when a claim for relief is novel or unanticipated by prior precedent. These cases may be a small subset of the overall universe of Bivens claims, but they may also be more significant to the public and the legal community precisely because of their precedential and political significance. Indeed, this may explain the difference between the reported role of qualified immunity in published and appellate decisions and its reported role in a broader range of decisions. Second, qualified immunity may be important as a release valve because it may provide courts with an opportunity to affirm that a particular plaintiff was wronged, even if it is unfair to hold an individual defendant personally liable for that wrong. John Jeffries has made arguments along this line, essentially maintaining that the rights-remedy gap qualified immunity creates is a net positive because it frees courts to announce new rights going forward without imposing retroactive liability on government officials.85 It is worth noting that for qualified immunity to play a role in either of these scenarios, cases in which a qualified immunity defense may be raised must be filed with the courts. Courts cannot take advantage of qualified immunity as a pressure valve if every filed case involves legal principles so commonly accepted that there is never a need or opportunity to announce new legal principles. In this sense, at least where the law is unclear, there likely is an optimal amount of cases involving novel legal principles in which qualified immunity may be an appropriate defense. If very few or no cases are filed in which qualified immunity may play a dispositive role, that may limit the power of federal courts to announce prospective rules moving forward, even if underlying constitutional violations have transpired. 5 -There is no legal recourse for police violence, in particular, and structural vulnerability, in general – the affirmative’s faith in the court distracts from the affective matrix of antiblackness Sexton 2007Jared, African American Studies Program, University of California Irvine | "Racial profiling and the societies of control," Warfare in the American homeland: Policing and prison in a penal democracy, ed. Joy James, pg.198-202 6 -A Genealogy of Policing In the contemporary United States, the police operate as the unaccountable arbiters of lethal violence, the agents of a domestic militarism that underwrites all expansionism and interventionism. They are, as a rule, afforded impunity in their discretion to use what we continue to euphemize as “excessive force,” which really means any manner of brutalization whatsoever, including so called unjustified shootings. In each case, the police enjoy a virtual immunity from prosecution and rarely experience even interruptions in salary. This free rein is not only practical, however—the effect of negligent judicial oversight or disorganized civilian review boards—it is also codified as what the legal scholar Janet Koven Levit terms “constitutional carte blanche.” There is simply no legal recourse against the violence and violation of the police; police departments are, according to a recent Human Rights Watch report, agencies “shielded from justice.”⁵ At this point of extremity, the power of life and death rests clearly in their hands, granted by official decree. Before the police, we do not live under constitutional (or other) protection of any sort. We are, in short, “naked before the state.”⁶ Under such conditions, it should surprise no one that “racial profiling” as an institutionalized practice of the agencies of the police is not only possible or pervasive but entirely legal. There is nothing hyperbolic about my argument here. Reading the legal scholarship on racial profiling, one gets a distinct sense of vertigo. What one finds there is an infinite regress around the standards of “probable cause” set forth in the Fourth Amendment protection against “unreasonable searches and seizures.” A number of scholars have amply demonstrated how, for instance, the recent cases of Illinois v. Wardlow (2000) and United States v. Whren (1996) effectively circumvented the standard of “reasonable suspicion” that previously governed the conditions under which the police might stop and frisk pedestrians or motorists during routine traffic stops.⁷ That earlier standard of reasonable suspicion was established in Terry v. Ohio (1968), the case from which the well-known “Terry stop” takes its name. However, on even cursory examination, one sees that Terry itself instituted a loophole around the Fourth Amendment definition of probable cause, all of which enabled the police greatly during its war on drugs, as Reagan declared it in 1982.⁸ We might lament this persistent whittling away of the standards of suspicion, yet if we look closely at the doctrinal history of Fourth Amendment protections, we find again that probable cause itself reduces down to an equally vague and problematic standard of protection. As H. Richard Uviller remarks in Virtual Justice: Probable cause is not a very apt term; it has little to do with probability and nothing whatever with causality. But it is the term chosen by the Framers to describe the degree of suspicion requisite for the government to move into the citizen’s private spaces. It means “damn good reason to believe,” that’s all. Not certainty beyond a reasonable doubt, not even more likely than not. But just more than a hunch or mere suspicion. That’s the best we can do to define it.⁹ Of course, the Fourth Amendment was intended to preclude the use of the “general warrant” or “writ of assistance” carried by British colonial officers before the Revolution, which sanctioned the search and seizure of anything and everything in the home or on the person of a given “suspect.” In other words, the parameters of search and seizure were at the discretion of the colonial police and not subject to any judicial review. It is safe to say that the police today have regained the general warrant, such that under present circumstances “we all become susceptible to the arbitrary whims and unsupported hunches of police officers.”¹⁰ The pretexts available to stop and frisk any pedestrian or motorist they so choose are as numerous as they are unavoidable. In a motor vehicle, any infraction of the traffic code, however minor, can lead to full-scale search and arrest. Given that “no one can drive for even a few blocks without committing a minor violation,”¹¹ one is imminently open to police encounter on the streets and highways. Simply walking away from the police is now grounds for a stop and frisk, despite the supposed constitutional right to do so. Standing still is also grounds for a stop, either in particular designated “high-crime areas” or in any setting in which the police judge your presence “incongruous.” In theory, everyone in the United States (and many outside its boundaries) is subject to these rules of engagement. Yet, as Ira Glasser, former director of the America Civil Liberties Union (aclu), recently noted, while the police could, say, randomly raid apartment buildings on the Upper West Side of Manhattan and yield fruitful results, they clearly do not. As he puts it, “They don’t do it because most of the folks who live in those apartment buildings are white. They don’t do it because if they tried to do it, the outrage would become so big, so fast that it would become politically impossible to sustain.”¹² We might wonder who would be outraged at such operations and whose outrage would make a difference? At any rate, the verdict of his analysis is clear: On our highways, on our streets, in our airports, and at our customs checkpoints, skin color once again, irrespective of class, and without distinctions based on education or economic status, skin color once again is being used as a cause for suspicion, and a sufficient reason to violate people’s rights.¹³ For blacks in particular the situation is acute. The most recent attack on Fourth Amendment protections followed immediately the Warren Court’s “due process revolution,” as inaugurated by its decisions in the Mapp (1961) and Miranda (1966) cases. This shift in judicial opinion in favor of criminal suspects and defendants, disproportionately black and characteristically depicted as such, was supposed by some to be the criminal-law equivalent to or extension of then recent civil law reforms. The motion toward constitutional protections for blacks was, then, taken to be a byproduct of the limited success of the Civil Rights Movement, but its broader implications were rapidly conflated with the perceived threat of the radicalization of struggle dubbed “Black Power,” which for the mainstream presented ominous criminal tendencies, among other things. The idea that blacks could or should have both civil and criminal rights thus entered the furor of an emergent “law and order” political culture whose executive, legislative, and judicial wings all feverishly and collaboratively retrenched. The legal history from Richard Nixon to Ronald Reagan to George W. Bush— from “war on crime” to “war on drugs” to “war on terror”—is alarmingly short. The liberal civil-rights legislation and judiciary review enjoyed a very brief and largely ineffective life. But the “revolution” in criminal rights never even got off the ground; it never actually happened except in the collective paranoid fantasy of “white America.” There is, finally, no golden age for blacks before the criminal law. Therefore, in our discussions of a so-called creeping fascism or nascent authoritarianism or rise of the police state, particularly in the wake of the Homeland Security and patriot acts, we might do better than trace its genealogy to the general warrant (or even the Executive Order), whose specter forever haunts the democratic experiment of postrevolutionary civil society. Instead, the proper object of investigation is the antebellum slave code and its antecedents in colonial statute, not because the trajectory of this legal history threatens to undo the rights of all, but precisely because the prevailing libertarian impulse in the United States has so resourcefully and recurrently rendered the concrete situation of blacks in metaphoric terms. Under the force of this law, blacks, who were clearly in the polity but definitively not of it, were not only available to arbitrary search and seizure—the bane of the general warrant—but were, in the main, always already searched and seized. More to the point, they had, in the famous phrase, “no rights that a white man was bound to respect,” including the right to life. The ethos of slavery—in other words, the lasting ideological and affective matrix of the white- supremacist project—admits no legitimate black self-defense, recognizes no legitimate assertions of black self-possession, privacy, or autonomy. A permanent state of theft, seizure, and abduction orders the affairs of the captive community and its progeny. Structural vulnerability to appropriation, perpetual and involuntary openness, including all the wanton uses of the body so finely detailed by scholars like Saidiya Hartman and Hortense Spillers, should be understood as the paradigmatic conditions of black existence in the Americas, the defining characteristics of New World antiblackness.¹⁴ In short, the black, whether slave or “free,” lives under the commandment of whites.¹⁵ Policing blacks in the colonial and antebellum periods was, we recall, the prerogative of every white (they could assume the role or not) and was only later professionalized as the modern prison system emerged out of the ashes of Reconstruction.¹⁶ Without glossing the interceding history, suffice it to say that such policing was organized across the twentieth century at higher orders of magnitude by the political, economic, and social shifts attending the transition from welfare to warfare state.¹⁷ “Racial profiling,” then, is a young term, but the practice is centuries-old. In other words, the policing of blacks—whose repression has always been state sanctioned, even as it was rendered a private affair of “property management”— remains a central issue today; it has not recently emerged. Amnesty International’s public hearings on racial profiling, the stalled federal legislation termed “hr 1443,” the aclu’s “Driving while Black” campaign, and the problematic reworking of the issue of racial profiling after September 11 all unfold against the backdrop of this long history of “policing black people.” The effects of crude political pragmatism, legalistic single-mindedness, or historical myopia enable us to identify the unleashing of the police \with the advent of the war on drugs or the xenophobic panic around the New Immigration or the emergence of Homeland Security against the threat of terrorism.¹⁸ 7 -The spectacular nature of police courtroom battles feeds white supremacist society and justifies further brutality, only complete rejection can solve Martinot and Sexton 03 Director, critical race theorist at San Francisco State University and African American Studies School of Humanities UCI, 2003 (Steve and Jared, “The Avant-Garde of White Supremacy”, Social Identities, Volume 9, Number 2, 2003 Accessed 8-13-12, MR) 8 -The dichotomy between white ethics and its irrelevance to the violence of police profiling is not dialectical; the two are incommensurable. Whenever one attempts to speak about the paradigm of policing, one is forced back into a discussion of particular events—high-profile police homicides and their related courtroom battles, for instance. The spectacular event camouflages the operation of police law as contempt, as terror, its occupation of neighborhoods; the secret of police law is the fact that there is no recourse to the disruption of people’s lives by these activities. In fact, to focus on the spectacular event of police violence is to deploy (and thereby reaffirm) the logic of police profiling itself. Yet, we can’t avoid this logic once we submit to the demand to provide examples or images of the paradigm. As a result, the attempt to articulate the paradigm of policing renders itself non-paradigmatic, reaffirms the logic of police profiling, and thereby reduces itself to the fraudulent ethics by which white civil society rationalizes its existence. Examples cannot represent the spectrum of contemporary white supremacy from the subtle (e.g., the inability to get a taxi) to the extreme (e.g. the de facto martial law occupation of many black and brown neighborhoods), all of which has become structural and everyday. As in the case of spectacular police violence, producing examples of more subtle (if obvious) forms of "institutional racism" (e.g., continuing discriminatory trends in housing, education, employment, etc.) has the same effect of reducing the paradigm to the non-paradigmatic. The logic of this journalistic approach generates nonchalance in contemporary race talk such that sensational reportage about the supposedly hidden residues of a persistent racism disables analysis. Both the spectacular and the subtle, against which people can unite in their desire for justice, remain the masks behind which the daily operations of white supremacist terror proceed. Most theories of white supremacy seek to plumb the depths of its excessiveness, beyond the ordinary; they miss the fact that racism is a mundane affair. The fundamental excess of the paradigm of policing which infuses this culture is wholly banal. Those theories overlook that fact in favor of extant extravagance, spectacle, or the ‘deep psychology’ of rogue elements and become complicit in perpetuating white supremacy. The reality is an invidious ethos of excess that, instead, constitutes the surface of everything in this society. For some time now, the intellectual quest for racism’s supposedly hidden meaning has afforded a refuge from confrontations with this banality, even its possible acknowledgement. The most egregious aspect of this banality is our tacit acquiescence to the rules of race and power, to the legitimacy white supremacy says it has, regardless of their total violation of reason and comprehensibility. Our "tacit acquiescence" is the real silent source of white supremacist tenacity and power. As William C. Harris, II wrote in the aftermath of Tyisha Miller’s murder by the police: It is heartbreaking to be an American citizen and have to say this, but I do have to say this. We have almost, and I stress almost, become accustomed to police shooting innocent, unarmed, young, black males. That in itself is bad enough, and one was at one time inclined to think it couldn't get any worse, but it gets worse…. Now we have police killing our young black females. It can't get any worse than that. Harris is right; yet he also sells himself out because he acquiesces in the process of decrying acquiescence. He does not draw the line between respect for persons and impunity. He continues: "Even if she grabbed a gun, was it necessary to shoot at her twenty-seven times? I know it’s less than 41, but that's still too many times to shoot at a sleeping female—black, brown, yellow or white" (emphasis added). Why isn’t one bullet too many times to shoot anybody? It is the job of the spectacular (and sensational reports about the subtle) to draw attention away from the banality of police murder as standard operating procedure. 9 -Use of legal action is the slaves bow to its master 10 -Farley 5, Anthony. Prof. Farley specializes in Constitutional Law, Criminal Procedure and Legal Theory. Taught at Boston College Before Teaching at Albany “Perfecting Slavery” Page 221-222Slavery is with us still. We are haunted by slavery. We are animated by slavery. White-over-black is slavery and segregation and neosegregation and every situation in which the distribution of material or spiritual goods follows the colorline. The movement from slavery to segregation to neosegregation to whatever form of white-over-black it is that may come with post-modernity or after is not toward freedom. The movement from slavery to segregation to neosegregation is the movement of slavery perfecting itself. White-over-black is neosegregation. White-over-black is segregation. White-over-black is slavery. All of it is white-over-black, only white-over-black, and that continually. The story of progress up from slavery is a lie, the longest lie. The story of progress up from slavery is told juridically in the form of the rule of law. Slavery is the rule of law. And slavery is death. The slave perfects itself as a slave when it bows down before its master of its own free will. That is the moment in which the slave accomplishes the impossible reconciliation of its freedom with its unfreedom by willing itself unfree. 3 When exactly does this perfection of slavery take place? The slave bows down before its master when it prays for legal relief, when it prays for equal rights, and while it cultivates the field of law hoping for an answer. 11 - 12 -The alternative is to burn it down civil society is inseparable from its foundation Farley 4 (Anthony Paul, Associate Profess @ Albany Law School, “Perfecting Slavery”, http://www.luc.edu/law/activities/publications/lljdocs/vol36_no1/farley.pdf, Accessed: 11/9/11, ) 13 -What is to be done? Two hundred years ago, when the slaves in Haiti rose up, they, of necessity, burned everything: They burned San Domingo flat so that at the end of the war it was a charred desert. Why do you burn everything? asked a French officer of a prisoner. We have a right to burn what we cultivate because a man has a right to dispose of his own labour, was the reply of this unknown anarchist.48 The slaves burned everything because everything was against them. Everything was against the slaves, the entire order that it was their lot to follow, the entire order in which they were positioned as worse than senseless things, every plantation, everything.49 “Leave nothing white behind you,” said Toussaint to those dedicated to the end of white-overblack. 50 “God gave Noah the rainbow sign. No more water, the fire next time.”51 The slaves burned everything, yes, but, unfortunately, they only burned everything in Haiti.52 Theirs was the greatest and most successful revolution in the history of the world but the failure of their fire to cross the waters was the great tragedy of the Nineteenth century.53 At the dawn of the Twentieth century, W.E.B. Du Bois wrote, “The colorline belts the world.”54 Du Bois said that the problem of the Twentieth century was the problem of the colorline.55 The problem, now, at the dawn of the Twenty-first century is the problem of the colorline. The colorline continues to belt the world. Indeed, the slave power that is the United States now threatens an entire world with the death that it has become and so the slaves of yesterday, today, and tomorrow, those with nothing but their chains to lose, must, if they would be free, if they would escape slavery, win the entire world. win the entire world. VIII. TRAINING We begin as children. We are called and we become our response to the call. Slaves are not called. What becomes of them? What becomes of the broken-hearted? The slaves are divided souls, they are brokenhearted, the slaves are split asunder by what they are called upon to become. The slaves are called upon to become objects but objecthood is not a calling. The slave, then, during its loneliest loneliness, is divided from itself. This is schizophrenia. The slaves are not called, or, rather, the slaves are called to not be. The slaves are called unfree and thus the living can never be and so the slaves burst apart and die. The slaves begin as death, not as children, and death is not a beginning but an end. There is no progress and no exit from the undiscovered country of the slave, or so it seems. We are trained to think through a progress narrative, a grand narrative, the grandest narrative, that takes us up from slavery. There is no up from slavery. The progress from white-over-black to white-over-black to white-overblack. The progress of slavery runs in the opposite direction of the past-present- future timeline. The slave only becomes the perfect slave at the end of the timeline, only under conditions of total juridical freedom. It is only under conditions of freedom, of bourgeois legality, that the slave can perfect itself as a slave by freely choosing to bow down before its master. The slave perfects itself as a slave by offering a prayer for equal rights. The system of marks is a plantation. The system of property is a plantation. The system of law is a plantation. These plantations, all part of the same system, hierarchy, produce white-overblack, white-over-black only, and that continually. The slave perfects itself as a slave through its prayers for equal rights. The plantation system will not commit suicide and the slave, as stated above, has knowing non-knowledge of this fact. The slave finds its way back from the undiscovered country only by burning down every plantation. When the slave prays for equal rights it makes the free choice to be dead, and it makes the free choice to not be. 14 - 15 -The ROB is rejecting racism. Addressing Anti-Blackness is a priori – it prevents ethicality and sets the groundwork for all violence – 3 warrants.Wilderson, award-winning author of Incognegro: A Memoir of Exile and Apartheid. He is one of two Americans to hold elected office in the African National Congress and is a former insurgent in the ANC’s armed wing, 2003 (Frank B. III “Chapter One: The Ruse of Analogy” Red, White, and Black: Cinema and the Structure of U.S. Antagonisms,) GG 16 -Two tensions are at work here. One operates under the labor of ethical dilemmas~-~- “simple enough one has only not to be a nigger.” This, I submit, is the essence of being for the White and non-Black position: ontology scaled down to a global common denominator. The other tension is found in the impossibility of ethical dilemmas for the Black: “I am,” Fanon writes, “a slave not of an idea others have of me but of my own appearance.” Being can thus be thought of, in the first ontological instance, as non-niggerness; and slavery then as niggerness. The visual field, “my own appearance,” is the cut, the mechanism that elaborates the division between the non-niggerness and slavery, the difference between the living and the dead. Whereas Humans exist on some plane of being and thus can become existentially present through some struggle for/of/through recognition, Blacks cannot attain the plane of recognition (West 82). Spillers, Fanon, and Hartman maintain that the violence that has positioned and repetitively re-positions the Black as a void of historical movement is without analog in the suffering dynamics of the ontologically alive. The violence that turns the African into a thing is without analog because it does not simply oppress the Black through tactile and empirical technologies of oppression, like the “little family quarrels” which for Fanon exemplify the Jewish Holocaust. Rather, the gratuitous violence of the Black’s first ontological instance, the Middle Passage, “wiped out his/her metaphysics…his her customs and sources on which they are based” (BSWM 110). Jews went into Auschwitz and came out as Jews. Africans went into the ships and came out as Blacks. The former is a Human holocaust; the latter is a Human and a metaphysical holocaust. That is why it makes little sense to attempt analogy: the Jews have the Dead (the Muselmenn) among them; the Dead have the Blacks among them.¶ This violence which turns a body into flesh, ripped apart literally and imaginatively, destroys the possibility of ontology because it positions the Black within an infinite and indeterminately horrifying and open vulnerability, an object made available (which is to say fungible) for any subject. As such, “the black has no ontological resistance in the eyes of the white man” (110) or, more precisely, in the eyes of Humanity - EntryDate
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... ... @@ -1,0 +1,16 @@ 1 +Racism is Systemic and Institutionalized in US Police. Walcott ’15.JAMES WOLCOTT. The Other Cultural Forces Behind Police Brutality. Vanity Fair. JULY 2015http://www.vanityfair.com/culture/2015/06/police-deaths-baltimore-ferguson-james-wolcott 2 +Black Lives Matter was the protest message adopted after the acquittal in 2013 of George Zimmerman in the shooting of the unarmed 17-year-old Trayvon Martin. It swelled into a movement as open season seemed to be declared on black males and tragedies multiplied. Black lives matter in America, but white lives rule. Self-styled, homegrown, beef-jerky Red Dawn “Wolverines!” Open Carry showboats can preen about with AR-15s strapped to their backs without meeting kingdom come, and a psycho-killer such as James Eagan Holmes can be apprehended in one piece after conducting a massacre in an Aurora, Colorado, movie theater that left 12 dead and 70 wounded, while a black father of four, Rumain Brisbon, can be shot for holding a vial of pills mistaken for a weapon, another can be shot for handling a pellet gun at Walmart (John Crawford, aged 22), and a 12-year-old black child can have his future erased for playing with a BB gun, shot by an officer who may not have been aware the boy was holding a toy gun. (The victim, Tamir Rice, died the next day at the hospital and six months after his death had still not been buried, denied even that dignity. His family finally decided to have him cremated.)The latitude of response allowable to a black suspect is razor-thin to nonexistent. Resist, like Eric Garner, surrounded by a scrum of cops for the quality-of-life offense of allegedly selling individual cigarettes, or “loosies,” and you can find yourself in a choke hold that leaves you gasping, “I can’t breathe,” until the last breath goes. Flee and you may get shot in the back, like Walter Scott, felled by a South Carolina officer whose fairy-tale account of the incident collapsed when video showed him performing his fatal marksmanship, or like Eric Harris, who uttered, as he lay dying from a gunshot wound, “My God, I’m losing my breath,” to which one of Tulsa County’s finest responded, “Fuck your breath.” Or you may get tossed into a van and reduced to a bag of broken body parts, like Freddie Gray, whose death ignited a raging tempest in Baltimore. Seemingly surrender and you can still get killed point-blank, as happened to Jerame Reid, who emerged from the passenger side of a car at a traffic stop in New Jersey with his hands raised. Six shots later, he was history.It’s no great revelation that racism is rife in many police departments, even those in a city renowned for its liberal cosmopolitanism such as San Francisco, where a toxic spill of text messages between policemen (the most flagrant offender shared this handy health tip: “Cross burning lowers blood pressure! I did the test myself!”) led to officer dismissals and the review of thousands of cases. Such slur-slinging is sometimes defended as a combination of gallows humor and fraternal hazing, a Friars Roast on squad-car wheels that expresses camaraderie and releases job pressure, but the torture claims of nearly 200 black men at the hands of a white police commander and detectives in Chicago over the course of decades show that racial slurs emerge from embedded supremacist attitudes. 3 +The Aff is pure legal fantasy, the assumption that QI is the panacea to all our problems ignores the empirical reality of the court system, that such defenses don’t matter and officers still get off free Reinert 11’ Alexander A. Reinert “Does Qualified Immunity Matter?” 2011 University of St. Thomas Journal Volume 8.3 Spring 2011 4 +Thus, despite its broad potential, most commentators view Bivens liability as more powerful in theory than in practice. This is due partly to the Court’s continued hostility to “extending” Bivens to new constitutional contexts and partly to the barriers to success built into recognized Bivens causes of action. Thus, both academics and judges assume that Bivens litigation is generally unsuccessful as a practical matter.80 Commentators offer many explanations for this relative lack of success, but most agree that Bivens plaintiffs are disadvantaged because the personal defense of qualified immunity is an imposing barrier to recovery from federal officers.81 Supporting this general view that qualified immunity plays a significant role in the resolution of Bivens actions are empirical studies that have suggested that, when introduced as a defense, it is highly successful.82 These studies, however, were based entirely on reported decisions, which at the district court level may exclude over 95 of judicial decision-making.83 A study that I conducted of all district court decisions and dockets over a three-year period within five varied judicial districts revealed that only 2 of Bivens cases were resolved via qualified immunity defenses.84 While these data themselves are limited, they at least suggest the possibilty that it is misleading to look only to published cases to determine the role that qualified immunity plays in Bivens litigation. So, let us assume that qualified immunity plays a much less significant role in the outcomes of run-of-the-mill cases than has previously been assumed. Nonetheless, the defense still could have a significant impact on Bivens litigation for many reasons. First, because qualified immunity focuses on those cases in which the law is hazy, the defense is most logically going to do its most significant work when a claim for relief is novel or unanticipated by prior precedent. These cases may be a small subset of the overall universe of Bivens claims, but they may also be more significant to the public and the legal community precisely because of their precedential and political significance. Indeed, this may explain the difference between the reported role of qualified immunity in published and appellate decisions and its reported role in a broader range of decisions. Second, qualified immunity may be important as a release valve because it may provide courts with an opportunity to affirm that a particular plaintiff was wronged, even if it is unfair to hold an individual defendant personally liable for that wrong. John Jeffries has made arguments along this line, essentially maintaining that the rights-remedy gap qualified immunity creates is a net positive because it frees courts to announce new rights going forward without imposing retroactive liability on government officials.85 It is worth noting that for qualified immunity to play a role in either of these scenarios, cases in which a qualified immunity defense may be raised must be filed with the courts. Courts cannot take advantage of qualified immunity as a pressure valve if every filed case involves legal principles so commonly accepted that there is never a need or opportunity to announce new legal principles. In this sense, at least where the law is unclear, there likely is an optimal amount of cases involving novel legal principles in which qualified immunity may be an appropriate defense. If very few or no cases are filed in which qualified immunity may play a dispositive role, that may limit the power of federal courts to announce prospective rules moving forward, even if underlying constitutional violations have transpired. 5 +There is no legal recourse for police violence, in particular, and structural vulnerability, in general – the affirmative’s faith in the court distracts from the affective matrix of antiblackness Sexton 2007Jared, African American Studies Program, University of California Irvine | "Racial profiling and the societies of control," Warfare in the American homeland: Policing and prison in a penal democracy, ed. Joy James, pg.198-202 6 +A Genealogy of Policing In the contemporary United States, the police operate as the unaccountable arbiters of lethal violence, the agents of a domestic militarism that underwrites all expansionism and interventionism. They are, as a rule, afforded impunity in their discretion to use what we continue to euphemize as “excessive force,” which really means any manner of brutalization whatsoever, including so called unjustified shootings. In each case, the police enjoy a virtual immunity from prosecution and rarely experience even interruptions in salary. This free rein is not only practical, however—the effect of negligent judicial oversight or disorganized civilian review boards—it is also codified as what the legal scholar Janet Koven Levit terms “constitutional carte blanche.” There is simply no legal recourse against the violence and violation of the police; police departments are, according to a recent Human Rights Watch report, agencies “shielded from justice.”⁵ At this point of extremity, the power of life and death rests clearly in their hands, granted by official decree. Before the police, we do not live under constitutional (or other) protection of any sort. We are, in short, “naked before the state.”⁶ Under such conditions, it should surprise no one that “racial profiling” as an institutionalized practice of the agencies of the police is not only possible or pervasive but entirely legal. There is nothing hyperbolic about my argument here. Reading the legal scholarship on racial profiling, one gets a distinct sense of vertigo. What one finds there is an infinite regress around the standards of “probable cause” set forth in the Fourth Amendment protection against “unreasonable searches and seizures.” A number of scholars have amply demonstrated how, for instance, the recent cases of Illinois v. Wardlow (2000) and United States v. Whren (1996) effectively circumvented the standard of “reasonable suspicion” that previously governed the conditions under which the police might stop and frisk pedestrians or motorists during routine traffic stops.⁷ That earlier standard of reasonable suspicion was established in Terry v. Ohio (1968), the case from which the well-known “Terry stop” takes its name. However, on even cursory examination, one sees that Terry itself instituted a loophole around the Fourth Amendment definition of probable cause, all of which enabled the police greatly during its war on drugs, as Reagan declared it in 1982.⁸ We might lament this persistent whittling away of the standards of suspicion, yet if we look closely at the doctrinal history of Fourth Amendment protections, we find again that probable cause itself reduces down to an equally vague and problematic standard of protection. As H. Richard Uviller remarks in Virtual Justice: Probable cause is not a very apt term; it has little to do with probability and nothing whatever with causality. But it is the term chosen by the Framers to describe the degree of suspicion requisite for the government to move into the citizen’s private spaces. It means “damn good reason to believe,” that’s all. Not certainty beyond a reasonable doubt, not even more likely than not. But just more than a hunch or mere suspicion. That’s the best we can do to define it.⁹ Of course, the Fourth Amendment was intended to preclude the use of the “general warrant” or “writ of assistance” carried by British colonial officers before the Revolution, which sanctioned the search and seizure of anything and everything in the home or on the person of a given “suspect.” In other words, the parameters of search and seizure were at the discretion of the colonial police and not subject to any judicial review. It is safe to say that the police today have regained the general warrant, such that under present circumstances “we all become susceptible to the arbitrary whims and unsupported hunches of police officers.”¹⁰ The pretexts available to stop and frisk any pedestrian or motorist they so choose are as numerous as they are unavoidable. In a motor vehicle, any infraction of the traffic code, however minor, can lead to full-scale search and arrest. Given that “no one can drive for even a few blocks without committing a minor violation,”¹¹ one is imminently open to police encounter on the streets and highways. Simply walking away from the police is now grounds for a stop and frisk, despite the supposed constitutional right to do so. Standing still is also grounds for a stop, either in particular designated “high-crime areas” or in any setting in which the police judge your presence “incongruous.” In theory, everyone in the United States (and many outside its boundaries) is subject to these rules of engagement. Yet, as Ira Glasser, former director of the America Civil Liberties Union (aclu), recently noted, while the police could, say, randomly raid apartment buildings on the Upper West Side of Manhattan and yield fruitful results, they clearly do not. As he puts it, “They don’t do it because most of the folks who live in those apartment buildings are white. They don’t do it because if they tried to do it, the outrage would become so big, so fast that it would become politically impossible to sustain.”¹² We might wonder who would be outraged at such operations and whose outrage would make a difference? At any rate, the verdict of his analysis is clear: On our highways, on our streets, in our airports, and at our customs checkpoints, skin color once again, irrespective of class, and without distinctions based on education or economic status, skin color once again is being used as a cause for suspicion, and a sufficient reason to violate people’s rights.¹³ For blacks in particular the situation is acute. The most recent attack on Fourth Amendment protections followed immediately the Warren Court’s “due process revolution,” as inaugurated by its decisions in the Mapp (1961) and Miranda (1966) cases. This shift in judicial opinion in favor of criminal suspects and defendants, disproportionately black and characteristically depicted as such, was supposed by some to be the criminal-law equivalent to or extension of then recent civil law reforms. The motion toward constitutional protections for blacks was, then, taken to be a byproduct of the limited success of the Civil Rights Movement, but its broader implications were rapidly conflated with the perceived threat of the radicalization of struggle dubbed “Black Power,” which for the mainstream presented ominous criminal tendencies, among other things. The idea that blacks could or should have both civil and criminal rights thus entered the furor of an emergent “law and order” political culture whose executive, legislative, and judicial wings all feverishly and collaboratively retrenched. The legal history from Richard Nixon to Ronald Reagan to George W. Bush— from “war on crime” to “war on drugs” to “war on terror”—is alarmingly short. The liberal civil-rights legislation and judiciary review enjoyed a very brief and largely ineffective life. But the “revolution” in criminal rights never even got off the ground; it never actually happened except in the collective paranoid fantasy of “white America.” There is, finally, no golden age for blacks before the criminal law. Therefore, in our discussions of a so-called creeping fascism or nascent authoritarianism or rise of the police state, particularly in the wake of the Homeland Security and patriot acts, we might do better than trace its genealogy to the general warrant (or even the Executive Order), whose specter forever haunts the democratic experiment of postrevolutionary civil society. Instead, the proper object of investigation is the antebellum slave code and its antecedents in colonial statute, not because the trajectory of this legal history threatens to undo the rights of all, but precisely because the prevailing libertarian impulse in the United States has so resourcefully and recurrently rendered the concrete situation of blacks in metaphoric terms. Under the force of this law, blacks, who were clearly in the polity but definitively not of it, were not only available to arbitrary search and seizure—the bane of the general warrant—but were, in the main, always already searched and seized. More to the point, they had, in the famous phrase, “no rights that a white man was bound to respect,” including the right to life. The ethos of slavery—in other words, the lasting ideological and affective matrix of the white- supremacist project—admits no legitimate black self-defense, recognizes no legitimate assertions of black self-possession, privacy, or autonomy. A permanent state of theft, seizure, and abduction orders the affairs of the captive community and its progeny. Structural vulnerability to appropriation, perpetual and involuntary openness, including all the wanton uses of the body so finely detailed by scholars like Saidiya Hartman and Hortense Spillers, should be understood as the paradigmatic conditions of black existence in the Americas, the defining characteristics of New World antiblackness.¹⁴ In short, the black, whether slave or “free,” lives under the commandment of whites.¹⁵ Policing blacks in the colonial and antebellum periods was, we recall, the prerogative of every white (they could assume the role or not) and was only later professionalized as the modern prison system emerged out of the ashes of Reconstruction.¹⁶ Without glossing the interceding history, suffice it to say that such policing was organized across the twentieth century at higher orders of magnitude by the political, economic, and social shifts attending the transition from welfare to warfare state.¹⁷ “Racial profiling,” then, is a young term, but the practice is centuries-old. In other words, the policing of blacks—whose repression has always been state sanctioned, even as it was rendered a private affair of “property management”— remains a central issue today; it has not recently emerged. Amnesty International’s public hearings on racial profiling, the stalled federal legislation termed “hr 1443,” the aclu’s “Driving while Black” campaign, and the problematic reworking of the issue of racial profiling after September 11 all unfold against the backdrop of this long history of “policing black people.” The effects of crude political pragmatism, legalistic single-mindedness, or historical myopia enable us to identify the unleashing of the police \with the advent of the war on drugs or the xenophobic panic around the New Immigration or the emergence of Homeland Security against the threat of terrorism.¹⁸ 7 +The spectacular nature of police courtroom battles feeds white supremacist society and justifies further brutality, only complete rejection can solve Martinot and Sexton 03 Director, critical race theorist at San Francisco State University and African American Studies School of Humanities UCI, 2003 (Steve and Jared, “The Avant-Garde of White Supremacy”, Social Identities, Volume 9, Number 2, 2003 Accessed 8-13-12, MR) 8 +The dichotomy between white ethics and its irrelevance to the violence of police profiling is not dialectical; the two are incommensurable. Whenever one attempts to speak about the paradigm of policing, one is forced back into a discussion of particular events—high-profile police homicides and their related courtroom battles, for instance. The spectacular event camouflages the operation of police law as contempt, as terror, its occupation of neighborhoods; the secret of police law is the fact that there is no recourse to the disruption of people’s lives by these activities. In fact, to focus on the spectacular event of police violence is to deploy (and thereby reaffirm) the logic of police profiling itself. Yet, we can’t avoid this logic once we submit to the demand to provide examples or images of the paradigm. As a result, the attempt to articulate the paradigm of policing renders itself non-paradigmatic, reaffirms the logic of police profiling, and thereby reduces itself to the fraudulent ethics by which white civil society rationalizes its existence. Examples cannot represent the spectrum of contemporary white supremacy from the subtle (e.g., the inability to get a taxi) to the extreme (e.g. the de facto martial law occupation of many black and brown neighborhoods), all of which has become structural and everyday. As in the case of spectacular police violence, producing examples of more subtle (if obvious) forms of "institutional racism" (e.g., continuing discriminatory trends in housing, education, employment, etc.) has the same effect of reducing the paradigm to the non-paradigmatic. The logic of this journalistic approach generates nonchalance in contemporary race talk such that sensational reportage about the supposedly hidden residues of a persistent racism disables analysis. Both the spectacular and the subtle, against which people can unite in their desire for justice, remain the masks behind which the daily operations of white supremacist terror proceed. Most theories of white supremacy seek to plumb the depths of its excessiveness, beyond the ordinary; they miss the fact that racism is a mundane affair. The fundamental excess of the paradigm of policing which infuses this culture is wholly banal. Those theories overlook that fact in favor of extant extravagance, spectacle, or the ‘deep psychology’ of rogue elements and become complicit in perpetuating white supremacy. The reality is an invidious ethos of excess that, instead, constitutes the surface of everything in this society. For some time now, the intellectual quest for racism’s supposedly hidden meaning has afforded a refuge from confrontations with this banality, even its possible acknowledgement. The most egregious aspect of this banality is our tacit acquiescence to the rules of race and power, to the legitimacy white supremacy says it has, regardless of their total violation of reason and comprehensibility. Our "tacit acquiescence" is the real silent source of white supremacist tenacity and power. As William C. Harris, II wrote in the aftermath of Tyisha Miller’s murder by the police: It is heartbreaking to be an American citizen and have to say this, but I do have to say this. We have almost, and I stress almost, become accustomed to police shooting innocent, unarmed, young, black males. That in itself is bad enough, and one was at one time inclined to think it couldn't get any worse, but it gets worse…. Now we have police killing our young black females. It can't get any worse than that. Harris is right; yet he also sells himself out because he acquiesces in the process of decrying acquiescence. He does not draw the line between respect for persons and impunity. He continues: "Even if she grabbed a gun, was it necessary to shoot at her twenty-seven times? I know it’s less than 41, but that's still too many times to shoot at a sleeping female—black, brown, yellow or white" (emphasis added). Why isn’t one bullet too many times to shoot anybody? It is the job of the spectacular (and sensational reports about the subtle) to draw attention away from the banality of police murder as standard operating procedure. 9 +Use of legal action is the slaves bow to its master 10 +Farley 5, Anthony. Prof. Farley specializes in Constitutional Law, Criminal Procedure and Legal Theory. Taught at Boston College Before Teaching at Albany “Perfecting Slavery” Page 221-222Slavery is with us still. We are haunted by slavery. We are animated by slavery. White-over-black is slavery and segregation and neosegregation and every situation in which the distribution of material or spiritual goods follows the colorline. The movement from slavery to segregation to neosegregation to whatever form of white-over-black it is that may come with post-modernity or after is not toward freedom. The movement from slavery to segregation to neosegregation is the movement of slavery perfecting itself. White-over-black is neosegregation. White-over-black is segregation. White-over-black is slavery. All of it is white-over-black, only white-over-black, and that continually. The story of progress up from slavery is a lie, the longest lie. The story of progress up from slavery is told juridically in the form of the rule of law. Slavery is the rule of law. And slavery is death. The slave perfects itself as a slave when it bows down before its master of its own free will. That is the moment in which the slave accomplishes the impossible reconciliation of its freedom with its unfreedom by willing itself unfree. 3 When exactly does this perfection of slavery take place? The slave bows down before its master when it prays for legal relief, when it prays for equal rights, and while it cultivates the field of law hoping for an answer. 11 + 12 +The alternative is to burn it down civil society is inseparable from its foundation Farley 4 (Anthony Paul, Associate Profess @ Albany Law School, “Perfecting Slavery”, http://www.luc.edu/law/activities/publications/lljdocs/vol36_no1/farley.pdf, Accessed: 11/9/11, ) 13 +What is to be done? Two hundred years ago, when the slaves in Haiti rose up, they, of necessity, burned everything: They burned San Domingo flat so that at the end of the war it was a charred desert. Why do you burn everything? asked a French officer of a prisoner. We have a right to burn what we cultivate because a man has a right to dispose of his own labour, was the reply of this unknown anarchist.48 The slaves burned everything because everything was against them. Everything was against the slaves, the entire order that it was their lot to follow, the entire order in which they were positioned as worse than senseless things, every plantation, everything.49 “Leave nothing white behind you,” said Toussaint to those dedicated to the end of white-overblack. 50 “God gave Noah the rainbow sign. No more water, the fire next time.”51 The slaves burned everything, yes, but, unfortunately, they only burned everything in Haiti.52 Theirs was the greatest and most successful revolution in the history of the world but the failure of their fire to cross the waters was the great tragedy of the Nineteenth century.53 At the dawn of the Twentieth century, W.E.B. Du Bois wrote, “The colorline belts the world.”54 Du Bois said that the problem of the Twentieth century was the problem of the colorline.55 The problem, now, at the dawn of the Twenty-first century is the problem of the colorline. The colorline continues to belt the world. Indeed, the slave power that is the United States now threatens an entire world with the death that it has become and so the slaves of yesterday, today, and tomorrow, those with nothing but their chains to lose, must, if they would be free, if they would escape slavery, win the entire world. win the entire world. VIII. TRAINING We begin as children. We are called and we become our response to the call. Slaves are not called. What becomes of them? What becomes of the broken-hearted? The slaves are divided souls, they are brokenhearted, the slaves are split asunder by what they are called upon to become. The slaves are called upon to become objects but objecthood is not a calling. The slave, then, during its loneliest loneliness, is divided from itself. This is schizophrenia. The slaves are not called, or, rather, the slaves are called to not be. The slaves are called unfree and thus the living can never be and so the slaves burst apart and die. The slaves begin as death, not as children, and death is not a beginning but an end. There is no progress and no exit from the undiscovered country of the slave, or so it seems. We are trained to think through a progress narrative, a grand narrative, the grandest narrative, that takes us up from slavery. There is no up from slavery. The progress from white-over-black to white-over-black to white-overblack. The progress of slavery runs in the opposite direction of the past-present- future timeline. The slave only becomes the perfect slave at the end of the timeline, only under conditions of total juridical freedom. It is only under conditions of freedom, of bourgeois legality, that the slave can perfect itself as a slave by freely choosing to bow down before its master. The slave perfects itself as a slave by offering a prayer for equal rights. The system of marks is a plantation. The system of property is a plantation. The system of law is a plantation. These plantations, all part of the same system, hierarchy, produce white-overblack, white-over-black only, and that continually. The slave perfects itself as a slave through its prayers for equal rights. The plantation system will not commit suicide and the slave, as stated above, has knowing non-knowledge of this fact. The slave finds its way back from the undiscovered country only by burning down every plantation. When the slave prays for equal rights it makes the free choice to be dead, and it makes the free choice to not be. 14 + 15 +The ROB is rejecting racism. Addressing Anti-Blackness is a priori – it prevents ethicality and sets the groundwork for all violence – 3 warrants.Wilderson, award-winning author of Incognegro: A Memoir of Exile and Apartheid. He is one of two Americans to hold elected office in the African National Congress and is a former insurgent in the ANC’s armed wing, 2003 (Frank B. III “Chapter One: The Ruse of Analogy” Red, White, and Black: Cinema and the Structure of U.S. Antagonisms,) GG 16 +Two tensions are at work here. One operates under the labor of ethical dilemmas~-~- “simple enough one has only not to be a nigger.” This, I submit, is the essence of being for the White and non-Black position: ontology scaled down to a global common denominator. The other tension is found in the impossibility of ethical dilemmas for the Black: “I am,” Fanon writes, “a slave not of an idea others have of me but of my own appearance.” Being can thus be thought of, in the first ontological instance, as non-niggerness; and slavery then as niggerness. The visual field, “my own appearance,” is the cut, the mechanism that elaborates the division between the non-niggerness and slavery, the difference between the living and the dead. Whereas Humans exist on some plane of being and thus can become existentially present through some struggle for/of/through recognition, Blacks cannot attain the plane of recognition (West 82). Spillers, Fanon, and Hartman maintain that the violence that has positioned and repetitively re-positions the Black as a void of historical movement is without analog in the suffering dynamics of the ontologically alive. The violence that turns the African into a thing is without analog because it does not simply oppress the Black through tactile and empirical technologies of oppression, like the “little family quarrels” which for Fanon exemplify the Jewish Holocaust. Rather, the gratuitous violence of the Black’s first ontological instance, the Middle Passage, “wiped out his/her metaphysics…his her customs and sources on which they are based” (BSWM 110). Jews went into Auschwitz and came out as Jews. Africans went into the ships and came out as Blacks. The former is a Human holocaust; the latter is a Human and a metaphysical holocaust. That is why it makes little sense to attempt analogy: the Jews have the Dead (the Muselmenn) among them; the Dead have the Blacks among them.¶ This violence which turns a body into flesh, ripped apart literally and imaginatively, destroys the possibility of ontology because it positions the Black within an infinite and indeterminately horrifying and open vulnerability, an object made available (which is to say fungible) for any subject. As such, “the black has no ontological resistance in the eyes of the white man” (110) or, more precisely, in the eyes of Humanity - EntryDate
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... ... @@ -1,0 +1,28 @@ 1 +===="Free Speech" is code-word used by the capitalist academia to shut down college movements opposed to capitalism Khan 15' Tariq Kahn writer for the "Hampton Institute" A working class think tank, November 10^^th^^ 2015, Masking Oppression as free Speech: An Anarchist Take" http://www.hamptoninstitution.org/masking-oppression-as-free-speech.html~~#.WENnHKIrI6U==== 2 +Yet, while students . . . on anti-colonialist expression. 3 +====Calling students "oversensitive" or "too PC" are tools to marginalize the fight against harmful and oppressive atmospheres on campus perpetuated by the establishment Khan 15' Tariq Kahn writer for the "Hampton Institute" A working class think tank, November 10^^th^^ 2015, Masking Oppression as free Speech: An Anarchist Take" http://www.hamptoninstitution.org/masking-oppression-as-free-speech.html~~#.WENnHKIrI6U==== 4 +The flawed notion . . . of "free speech." 5 +====The argument against free speech on campus is tied to anti-capitalist movements and student education, the aff's denial of student thought justifies capitalism's invasion of the brain Khan 15 Tariq Kahn writer for the "Hampton Institute" A working class think tank, November 10^^th^^ 2015, Masking Oppression as free Speech: An Anarchist Take" http://www.hamptoninstitution.org/masking-oppression-as-free-speech.html~~#.WENnHKIrI6U==== 6 +Out of necessity . . . violence at home. 7 +==Impacts== 8 +====Prefer the slow violence over big-stick impacts – cap produces suffering unrecognizable by traditional yardsticks of measurement Nixon 11 ==== 9 +(Rob Nixon, a Professor of English at University of Wisconsin at Madison; has a PhD from Columbia University "Slow Violence and the Environmentalism of the Poor", Published 2011, pages 65-67) 10 +Looking back at Chernobyl, Hiroshima, Nagasaki, and Bhopal, Petryna laments how 11 +AND 12 +a millennium ago, Lazaro recognized as "the sepulcher of oblivion."64 13 +====Voting negative refuses the affirmative in favor of Historical Materialist Pedagogy. International inequality is sutured by the unequal circulation of capital. Without revolutionary theory, there can be no revolutionary moment. Only starting from the structural antagonisms produced by wage labor can lead to transformative politics. ==== 14 +Ebert '9 ~~Teresa, Associate Professor of English, State University of New York at Albany, THE TASK OF CULTURAL CRITIQUE, pp. 92-95~~ 15 +Unlike these rewritings, which reaffirm in a somewhat new language the system of wage 16 +AND 17 +Instead, the pedagogy of critique is a worldly teaching of the worldly. 18 +====The Role of the Ballot goes to whoever best proposes an anti-capitalist pedagogy, re-evaluating education tactics is the only way to end the anonymization of workers the capitalist mindset engrains==== 19 +**Zizek and Daly 04** 20 +~~Glyn. Lecturer in International Studies at the University College Northampton; Slavoj Zizek, world famous philosophy on psychoanalysis and capitalism; Conversations with Žižek. 14-19~~ 21 +For Žižek it is imperative that we cut through this Gordian knot of postmodern protocol 22 +AND 23 +political boutiquism that is readily sustained by postmodern forms of consumerism and lifestyle. 24 +====It's try or die for the Cap K, only radical education that breaks away completely from the status quo reveals better forms of communication and criticism that actually lead to change==== 25 +De Angelis 3 (Massimo, Dept of Economics at East London, The commoner, http://www.ainfos.ca/03/jan/ainfos00479.html) 26 +Once we acknowledge the existence of the galaxy of alternatives as they emerge from concrete 27 +AND 28 +, at the same time building and strengthening communities through the social fields. - EntryDate
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... ... @@ -1,0 +1,17 @@ 1 +====The US's protection of hate speech ties back to racist and anti-black methods of censorship Epps 14' Garret Epps, Writer for The Atlantic, February 7th 2014, "Free Speech isn't Free" http://www.theatlantic.com/politics/archive/2014/02/free-speech-isnt-free/283672/==== 2 +U.S. law only . . . public opinion turned. 3 +====The chilling effect is just white fragility, shifting the conversation of racism to white feelings denies the precedent for speech codes as obstacles to racism==== 4 +**Carpenter 16** 5 +Carpenter, Bennett. (Carpenter is a grad student of literature at Duke U.) "Free Speech, Black Lives and White Fragility." The Chronicle. Duke Student Publishing Company, 19 Jan. 2016. Web. 11 Jan. 2017. http://www.dukechronicle.com/article/2016/01/free-speech-black-lives-and-white-fragility. 6 +As I write my first column, I am thinking a lot about speech. 7 +AND 8 +to respond—whether by calling someone out or calling for their resignation. 9 +====The alternative is to burn it down civil society is inseparable from its foundation ==== 10 +Farley 4 (Anthony Paul, Associate Profess @ Albany Law School, "Perfecting Slavery", http://www.luc.edu/law/activities/publications/lljdocs/vol36_no1/farley.pdf, Accessed: 11/9/11, ) 11 +What is to be done? AND 12 +to not be. 13 +====The ROB is rejecting racism. Addressing Anti-Blackness is a priori – it prevents ethicality and sets the groundwork for all violence – 3 warrants.==== 14 +Wilderson, award-winning author of Incognegro: A Memoir of Exile and Apartheid. He is one of two Americans to hold elected office in the African National Congress and is a former insurgent in the ANC's armed wing, 2003 (Frank B. III "Chapter One: The Ruse of Analogy" Red, White, and Black: Cinema and the Structure of U.S. Antagonisms,) GG 15 +Two tensions are 16 +AND 17 +eyes of Humanity - EntryDate
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... ... @@ -1,0 +1,23 @@ 1 +====The aff's attempt to fix the dying university is destined to fail. Anarchist News 10: Anarchistnews.org, "The university, social death, and the inside joke", published 18 February 2010, http://anarchistnews.org/content/university-social-death-and-inside-joke==== 2 +An unfortunate slip . . . Dead objects rule. 3 +====The concept of free speech trains the subject to be inculcated with neoliberal values. Anarchist News 10: Anarchistnews.org, "The university, social death, and the inside joke", published 18 February 2010, http://anarchistnews.org/content/university-social-death-and-inside-joke==== 4 +The University . . . the semiotic economy. 5 +====The university is a tool used to grow and reproduce capitalism. Anarchist news 10': Anarchistnews.org, "The university, social death, and the inside joke", published 18 February 2010, http://anarchistnews.org/content/university-social-death-and-inside-joke==== 6 +"The university is . . . of 'the other'. 7 +====The omnipotence of the media in the west makes freedom of speech meaningless. Murphy 08': Dr. Paula Murphy writer for the International Journal of Baudrillard Studies, "The Simulacra of Global Conflict", July 2008 http://www2.ubishops.ca/baudrillardstudies/vol-5_2/v5-2-paula-murphy.html==== 8 +Paradoxically, it revealed . . . everywhere and everybody. 9 +====Capitalism, through the concept of industry, has transformed humans into a resource of production. **Deleuze and Guattari, 72====** 10 +(Gilles Deleuze ~~Professor of Philosophy at the University of Paris~~ AND Felix Guattari ~~Activist and Psychoanalyst, worked at La Borde~~. Anti-Oedipus 1972 p. 4) 11 +"Second, we make no distinction between man and nature: the human essence 12 +AND 13 +, universal primary production as "the essential reality of man and nature." 14 +====If we do not escape that ontological view that humans are a resource, by failing to rethink our capitalist ontology, we will reach a point of ontological damnation that is worse than extinction. Zimmerman, ==== 15 +(Professor of Philosophy at Tulane), 94 (Michael, Contesting the Earth's Future, p. 104). 16 +Heidegger asserted that human self-assertion, combined with the eclipse of being, 17 +AND 18 +species are somehow lessened because they were never "disclosed" by humanity. 19 +====The alternative is a mass exodus from the state starting with refusal to comply with state edicts that force tolerating capitalist speech on the campuses of the state funded academy. Only by moving away from the state do we have a chance at real freedom. Virno and Hardt 06':==== 20 +==== Paulo Virno and Michael Hardt, "Radical thought in Italy: A potential Politics", October 5 2006, Republished in "Southern Nights" on May 6 2013, https://socialecologies.wordpress.com/2013/05/06/paul-virno-exodus-quote-of-the-day/==== 21 +I use the . . . to leave Egypt. 22 +====In a world filled with failed revolution one after the other, the option of flight rather than fight re-invigorates radically disobedient movements and can actually change the modern regime of control Virno Paulo Virno, "Virtuosity and Revolution: The Political Theory of Exodus" Translated by Ed Emery, http://www.generation-online.org/c/fcmultitude2.html==== 23 +Radical Disobedience breaks . . . of departure reversible.11 - EntryDate
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... ... @@ -1,0 +1,31 @@ 1 +"Free Speech" is code-word used by the capitalist academia to shut down college movements opposed to capitalism Khan 15' Tariq Kahn writer for the "Hampton Institute" A working class think tank, November 10th 2015, Masking Oppression as free Speech: An Anarchist Take" http://www.hamptoninstitution.org/masking-oppression-as-free-speech.html~~#.WENnHKIrI6U==== 2 +Yet, while students . . . on anti-colonialist expression. 3 +Calling students "oversensitive" or "too PC" are tools to marginalize the fight against harmful and oppressive atmospheres on campus perpetuated by the establishment Khan 15' Tariq Kahn writer for the "Hampton Institute" A working class think tank, November 10th 2015, Masking Oppression as free Speech: An Anarchist Take" http://www.hamptoninstitution.org/masking-oppression-as-free-speech.html~~#.WENnHKIrI6U==== 4 +The flawed notion . . . of "free speech." 5 +The argument against free speech on campus is tied to anti-capitalist movements and student education, the aff's denial of student thought justifies capitalism's invasion of the brain Khan 15 Tariq Kahn writer for the "Hampton Institute" A working class think tank, November 10th 2015, Masking Oppression as free Speech: An Anarchist Take" http://www.hamptoninstitution.org/masking-oppression-as-free-speech.html~~#.WENnHKIrI6U==== 6 +Out of necessity . . . violence at home. 7 +Impacts 8 +Prefer the slow violence over big-stick impacts – cap produces suffering unrecognizable by traditional yardsticks of measurement Nixon 11 9 +(Rob Nixon, a Professor of English at University of Wisconsin at Madison; has a PhD from Columbia University "Slow Violence and the Environmentalism of the Poor", Published 2011, pages 65-67) 10 +Looking back at Chernobyl, Hiroshima, Nagasaki, and Bhopal, Petryna laments how 11 +AND 12 +a millennium ago, Lazaro recognized as "the sepulcher of oblivion."64 13 + 14 +Voting negative refuses the affirmative in favor of Historical Materialist Pedagogy. International inequality is sutured by the unequal circulation of capital. Without revolutionary theory, there can be no revolutionary moment. Only starting from the structural antagonisms produced by wage labor can lead to transformative politics. 15 +Ebert '9 ~Teresa, Associate Professor of English, State University of New York at Albany, THE TASK OF CULTURAL CRITIQUE, pp. 92-95~ 16 +Unlike these rewritings, which reaffirm in a somewhat new language the system of wage 17 +AND 18 +Instead, the pedagogy of critique is a worldly teaching of the worldly. 19 + 20 +The Role of the Ballot goes to whoever best proposes an anti-capitalist pedagogy, re-evaluating education tactics is the only way to end the anonymization of workers the capitalist mindset engrains 21 +Zizek and Daly 04 22 +~Glyn. Lecturer in International Studies at the University College Northampton; Slavoj Zizek, world famous philosophy on psychoanalysis and capitalism; Conversations with Žižek. 14-19~ 23 +For Žižek it is imperative that we cut through this Gordian knot of postmodern protocol 24 +AND 25 +political boutiquism that is readily sustained by postmodern forms of consumerism and lifestyle. 26 + 27 +It's try or die for the Cap K, only radical education that breaks away completely from the status quo reveals better forms of communication and criticism that actually lead to change 28 +De Angelis 3 (Massimo, Dept of Economics at East London, The commoner, http://www.ainfos.ca/03/jan/ainfos00479.html) 29 +Once we acknowledge the existence of the galaxy of alternatives as they emerge from concrete 30 +AND 31 +, at the same time building and strengthening communities through the social fields. - EntryDate
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... ... @@ -1,0 +1,3 @@ 1 +Interpretation: The affirmative should defend the desirability of a topical plan that affirms that public colleges and universities ought not restrict constitutionally protected speech 2 + 3 +Interpretation: “Any” means “all,” so the aff must defend that all constitutionally protected free speech is unrestricted by public colleges and universities in the United States. - EntryDate
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... ... @@ -1,0 +1,37 @@ 1 +Trump needs PC to re-negotiate NAFTA 2 +Anderson 1/31 (Scott, writer for Forbes, "Will The Trump Policy Hype Match The Reality?", http://www.forbes.com/sites/scottanderson/2017/01/31/will-the-trump-policy-hype-match-the-reality/~~#77a0c2e3635c) 3 +Let’s just focus in on what’s at stake as the U.S. government 4 +AND 5 +is underway. Economists will be there to tally the box office receipts. 6 + 7 +Trump’s recent threats to Berkeley means he will be credited for causing the aff, independent of their justifications 8 +Brown and Mangan 2/3 9 +Brown, Sarah, and Katherine Mangan. "Trump Can't Cut Off Berkeley's Funds by Himself. His Threat Still Raised Alarm." The Chronicle of Higher Education. N.p., 03 Feb. 2017. Web. 03 Feb. 2017. http://www.chronicle.com/article/Trump-Can-t-Cut-Off/239100?cid=trend'right. BS 10 +Back in October, when President Trump vowed to "end" political correctness on 11 +AND 12 +. "He had to do it in a way that was threatening." 13 + 14 +That makes Trump look tough-winners win means it’s a boost to his PC 15 +Green 10 – professor of political science at Hofstra University 16 +David Michael Green, 6/11/10, " The Do-Nothing 44th President ", http://www.opednews.com/articles/The-Do-Nothing-44th-Presid-by-David-Michael-Gree-100611-648.html 17 +Moreover, there is a continuously evolving and reciprocal relationship between presidential boldness and achievement 18 +AND 19 +of the now retired Helen Thomas, this is precisely what they did. 20 + 21 +Scrapping NAFTA causes US to be more reliant on Saudi oil exports 22 +Eric Martin 2015 "Trump Killing Nafta Could Mean Big Unintended Consequences for the U.S." Eric is an analyst for Bloomberg on trade deals and the domestic economy https://www.bloomberg.com/news/articles/2015-10-01/trump-killing-nafta-could-mean-big-unintended-consequences-for-the-u-s- 23 +Canada and Mexico accounted for about half of U.S. oil imports in 24 +AND 25 +aren’t as friendly to the U.S. as Mexico or Canada. 26 + 27 +Saudi Arabia needs the dirty oil money to sustain its proxy war in Yemen 28 +Mehmood Hussain 2016 "Saudi Intervention in Yemen and its impact on Saudi’s economy" Mehmood Hussain is PhD Fellow in International Relations at School of International and Public Affairs (SIPA), Jilin University, China. He also holds a Master’s degree in Political Science from University of Gujrat, Pakistan. http://foreignpolicynews.org/2016/12/11/saudi-intervention-yemen-impact-saudis-economy/ 29 +As for as war costs increased in Yemen, Riyadh started to sale its assets 30 +AND 31 +clearly indicate the grave consequences of Saudi intervention in Yemen over foreign reserves. 32 + 33 +Continued war in Yemen spills over to cascading ME war 34 +Marc Moussalli 2015 Marc Moussalli works with institutional investors in Europe and the Middle East to advise on global political and macroeconomic risks. "Not just a proxy war: Yemen’s strategic importance" http://globalriskinsights.com/2015/04/not-just-a-proxy-war-yemens-strategic-importance/ 35 +Furthermore, Yemen’s inherent instability and its porous borders pose a direct threat to its 36 +AND 37 +, lead to full-blown armed conflict between the region’s major powers. - EntryDate
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