A federal judge ruled recently that the city of New Orleans violated the First Amendment rights of street artist Cashy D and property owner Neal Morris when the city censored a mural painted by Cashy D on Mr. Morris’s property for the NOLA (New Orleans, Louisiana) Mural Project. The mural in question quotes off camera remarks made by the current president when he was still a private citizen to Access Hollywood host Billy Bush. Those were the infamous “grab ’em by the p*ssy” remarks. For the mural, Cashy D painted pictograms to stand in for some of the words, and it was supposedly one pictogram in particular that some citizens and the city objected to, taking their case to court.
In a case like this, it’s probably impossible to separate politics from concerns about public display of lewd images. People engage in political displays on their own property all the time, the most prevalent example being electioneering signs. Those signs typically do not contain lewd images or profane language, though it’s possible some homemade versions might. Art displayed on private property where it can be viewed by the public is often subject to local zoning and nuisance regulations. The NOLA Mural Project artwork is a political statement expressed on private property within public view, and any lewd images and profane language it contains are directly related to the quotation from the political figure the creators are criticizing.
A Gay Pride Festivus Pole and Nativity Scene on public display on private property in Deerfield Beach, Florida, in 2015. Photo by DavidCharlesFLA.
Simple as the language of the First Amendment to the Constitution appears, it is amazing how many different interpretations it has engendered over the years. It would seem fairly cut and dried, but obviously it is not, according to the nation’s judiciary. First Amendment cases decided one way by a lower court are often as not overturned by a higher court, an outcome that wouldn’t appear likely if it were not for the fallibility of judges and the judicial process, and the malleability of the law itself.
The current president may have made his foul remarks in private as a private citizen, but the way the American political game is played, he and his history became fair game once he entered public life, and remarks like those quoted in the Cashy D mural are indicative of his character, or lack of it, and become part of political discourse, their very offensiveness being the whole point of the mural. Political expression on public view from a private space is subject to interpretation and possible censure by the public, and its merits are therefore best judged on a case by case basis in the courts, as they should be, and not by bureaucrats and politicians in city halls around the country.
— Ed.
“And can you, can you imagine fifty people a day, I said fifty people a day walking in singin’ a bar of Alice’s Restaurant and walking out. And friends they may think it’s a movement.” — Arlo Guthrie, from his song “Alice’s Restaurant Massacree”.
Progressive Democrats like Alexandria Ocasio-Cortez, newly elected Representative from New York’s 14th Congressional District, have their work cut out for them even before they take their seats in January as they battle the Old Guard within their own party. The Old Guard of the Democratic Party, led by Nancy Pelosi in the House and Chuck Schumer in the Senate, are working to co-opt, minimize, and undermine the incoming progressives so that business as usual shall continue after January. The Old Guard appears to have little interest in understanding that business as usual by corporate Democrats such as themselves is what brought this country to the precipice of authoritarian rule by the current president and his accomplices in Congress and the judiciary over the past two years.
Harriot Daley, standing, was appointed telephone operator at the United States Capitol in Washington, D.C., in 1898 when there were only 51 stations on the switchboard. On July 30, 1937, when this photo was taken, Miss Daley was Chief Operator and supervised a staff of 37 operators as they answered calls from 1200 extensions. Library of Congress photo by Harris & Ewing.
Corporate Democrats are a better option for leading this country than fascist Republicans in the same way that a kick in the behind is marginally better than a kick in the groin, but that’s hardly a hearty endorsement of their policies and practices. That is not a positive view of the future for young people starting out and raising children of their own into the world. There has to be a better option still, one that is outside the stale choice between the lesser of two evils, both of them more interested in serving corporate interests than those of the people at large. The Old Guard of the Democratic Party will continue trying to scare progressives into backing down from real change by claiming they are splintering the Party and allowing the minority party, the Republicans, to win votes in the House of Representatives and pass their agenda.
There’s truth in their argument, too, particularly since Republicans historically are more likely than Democrats to maintain lock step with their colleagues in the face of opposition and subsume their differences, but it doesn’t necessarily follow that progressives should move to the center and join ranks with the corporate Democrats instead of the other way around. What’s needed to convince corporate Democrats to drop Old Guard methods and beliefs, besides not re-electing them time after time, is pressure from ordinary citizens that builds to a point overpowering their allegiance to corporate money.
Phone calls. E-mails. Snail mails. Attendance and vocal presence at town halls. Boycotts of corporations making large political donations. Taking to the streets. Voting in local elections for school board and county supervisor and city council seats. Knocking on doors to get out the vote and helping people register to vote. Speaking up when someone among your friends, family, or neighbors expresses hateful ideas counter to our democratic principles. Refusal to participate in the national security state by calling for the repeal of the PATRIOT Act and the National Defense Authorization Act (NDAA) and condemning the persecution of whistleblowers like Chelsea Manning, Edward Snowden, and John Kiriakou.
The presentation in Frank Capra’s 1939 movieMr. Smith Goes to Washingtonprobably strikes most people today as corny, but that should not overshadow the principles of good government and citizen participation it espouses and their relevancy today.
Starting and supporting statewide initiatives such as California’s Proposition 11 in 2008 which took legislative district reapportionment away from partisan politicians and gave that power to the people. There are many more ways to convince business as usual Democrats in Congress and across the nation that the future for them and us lies in their scooting over to the left, in the direction this country came from before it swung too far right in the last generation, rather than stubbornly obstructing progressives in order to better serve their corporate masters. Getting up off the couch and making phone calls and doing the other things is the only way to make it happen.
— Ed.
“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”
― from The Federalist Papers, No. 51, by James Madison.
United States Attorney General Jeff Sessions is a fan of civil asset forfeiture, and last year he reinstated the federal partnership with state and local authorities that had been ended by the previous Attorney General, Eric Holder. That partnership allows state and local police to share seized assets with federal authorities if they claim even the flimsiest trespass on federal law by the forfeited assets (in a pretzel-like twist of legal reasoning, it is the assets themselves that are accused, not the person or persons who own them). Engaging the federal government in this way allows state and local police to bypass their civil asset forfeiture laws because they are superseded by federal laws, which are often more favorable to the police. The feds then give the state and local cops a kickback of all or part of the proceeds. This is called “equitable sharing” or, more cutely, “federal adoption”.
Getting pulled over for a minor traffic violation while carrying a large amount of cash can lead to a nightmare civil asset forfeiture scenario for the driver, regardless of the legitimacy of his or her claim to the cash. Only the rich can afford to fight city hall in court. Photo by photoo.uk.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
― The Fifth Amendment to the United States Constitution, with the due process clause.
It’s hard to imagine how the law can be more clear than this: ” . . . nor be deprived of life, liberty, or property, without due process of law . . . ” To be doubly sure, there is another due process clause in the 14th Amendment. Yet here we are, with police abusing the citizenry by stealing from them, sometimes without even a formal charge filed, but only on mere suspicion of a crime having been committed with the asset or assets, and keeping the proceeds in order to augment their budget. There are slight differences in the law from state to state, but in many states the police are allowed to keep seized assets, which also clearly violates the last clause of the Fifth Amendment, the takings clause. It’s impossible to imagine a more blatant case of conflict of interest, adding insult to the injury of the initial seizure.
In a civil asset forfeiture case, the burden of proof is often on the citizen whose assets were seized, not the authorities who took them. In order to retrieve seized assets, a citizen must prove they were not used in the commission of a crime or are a result of criminal activity, and this proof must be forthcoming even when the police have not filed a charge in court. Apparently the only thing to prevent the police from more flagrantly abusing the civil asset forfeiture laws more than they do is the basic decency and good character of the majority of them. But men are not angels, as James Madison wisely observed, and to allow these laws to remain on the books is to invite corruption of the police and further erosion of public trust in government.
Cash found in a freezer at the Washington, D.C. home of Congressman William J. Jefferson of Louisiana. This photo was entered as evidence in July 2009 showing what was seized in August 2005 from the freezer of the home of then Rep. William Jefferson, D-New Orleans. Jurors in the trial of Jefferson, who lost his re-election bid in 2008 while under indictment for bribery, saw photos of the infamous frozen cash. It was wrapped in $10,000 increments and concealed in boxes of Pillsbury pie crust and Boca burgers. Photo by the U.S. Attorney’s Office.
A flagrant case of abuse occurred last year in Jeff Sessions’s home state of Alabama, in the small town of Castleberry in the south central part of the state. To generate revenue for his little town, the mayor hatched a plan for taking advantage of Alabama’s very favorable civil asset forfeiture laws by confiscating cash and property from citizens and visitors alike, but especially out of state visitors, often using entirely invented suspicions. The police chief made no bones about it on public forums, where he joked about how the bogus money grabbing had been a windfall for the town of Castleberry and its nascent police department, now flush with fancy new equipment and patrol cars. Eventually bad publicity caught up with the mayor and police chief of Castleberry, and they were hit with a lawsuit. On a national scale, what happened in Castleberry doesn’t amount to much other than a clear distillation of everything wrong with civil asset forfeiture.
Attorney General Sessions, waving the bloody shirt of the War on Drugs, nevertheless wants to continue civil asset forfeiture and expand it, if he can get away with it. His motivations are unimportant other than how they forecast all the draconian policies he’s likely to see through while he is in charge of the Department of Justice. The important thing is that he has opened up one of the very few issues that attracts a bipartisan consensus in Congress, and that has been for less civil asset forfeiture, not more.
Highway robbery in Stanley Kubrick’s 1975 film Barry Lyndon, with Ryan O’Neal as Redmond Barry. Under America’s civil asset forfeiture laws, the gold guineas in Barry’s purse, and the horse he rode in on, could be forfeited to the robbers, or police. The strange history of this policy of official stealing from the innocent and the guilty alike also matters little, except perhaps to those appellate court judges who fall back on referring to obscure precedents of legal reasoning as convoluted and ultimately irrelevant as the debates of clerics who wondered how many angels might dance on the head of a pin. Congress can take this matter away from both Sessions and the judges by enacting legislation rolling it back. Really it should be swept away entirely, along with the War on Drugs it purportedly assists, as failed policies which have corrupted the police and eroded public trust every bit as much and in the same way as Prohibition did in the early decades of the twentieth century, when civil asset forfeiture first became a major police tactic. It seems we never learn lessons once and for all, but have to forever relearn them.
― Ed.
