Saturday, September 10, 2011

Lillian Smith Book Award Ceremony for 2011

Two exceptional books were recognized with the Lillian Smith Book Awards for 2011. These awards were established in 1968 by the Southern Regional Council (SRC) to recognize authors whose books represent outstanding achievements demonstrating through literary merit and moral vision an honest representation of the South, its people, its problems, and its promise.


This Forty-Third Anniversary Awards Ceremony was a partnership between the Southern Regional Council, the University of Georgia Libraries, and the Georgia Center for the Book. It was presented in connection with the Decatur Book Festival at the Old DeKalb County Courthouse in Decatur, Georgia on Sunday, September 4, 2011.

The 2011 award recipients were:

Sacrifice Zones: The Front Lines of Toxic Chemical Exposure in the United States

By Steve Lerner


By Danielle McGuire

Sunday, September 4, 2011

One Nation, Unquestionable: The News Media Responds to September 11


By Patrick Wehner

From Southern Changes, Vol. 23, No. 3-4, 2001 pp. 4-7

Amid the pulse of satellite uplinks, videophones, webcasts, and tickertape displays, the taglines manufactured by the news media in the wake of September 11 have become such permanent fixtures on our television and computer screens that one almost expects to see their images burnt-in even after the power is switched off. The unfolding storylines range from "A Nation Challenged," the struggle against adversity reported daily by both the print and online editions of The New York Times, to "America Strikes Back," the big-budget Hollywood revenge fantasy that, in an unprecedented display of cooperation, is being heavily promoted by no fewer than three competing television networks. A recent report on National Public Radio likened these taglines to branded products, suggesting that in a competitive news environment where the available facts are essentially the same, subtle differences in style or image-say, "Attack on America" versus "Terror Hits Home"-can provide an edge in promoting audience loyalty.

The comparison highlights some uncomfortable truths. Much of the official news has been the same, especially when it comes to the military action in Afghanistan. The news editor coordinating the post-September 11 coverage for the Atlanta Journal-Constitution, Bert Roughton, Jr., recently told an audience of journalism students at Emory University that despite the obstacles faced by correspondents filing from the war zone, the "biggest problem we have with information is not there, it's in Washington." The enduring lesson that Donald Rumsfeld and the Joint Chiefs learned from the Gulf War was that while the press corps may grumble, they will continue to cover military briefings that are little more than public relations events largely out of a need to have something to report each day. Comparing the major media outlets to commercial brands also admits the distasteful reality that the news business remains a business even in a time of crisis. While not all differences in coverage are the result of calculated attempts to improve market share, the marketing experts have successfully convinced many news executives that ratings and circulation are all about "selling a relationship."

The problem with the brand analogy is that the goal of differentiating a media "product" is simply inconsistent with all the obvious repetition. Overworked phrases like "The War on Terror" or "America's New War" accomplish little in distinguishing one news organization from another when everyone else is using them. So while the idea of branding the news surely captures the spirit of our market-driven society, it must also be said that sometimes a cliché is just a cliché even if it achieves that status in record time.

Despite their apparent emptiness, clichés have consequences. Swaggering taglines like "America Fights Back," for example, seem to be encouraging viewers to put their feet up, adjust the surround sound, and enjoy the special effects. But it is the more innocuous slogans, the wildly popular "America Unites" among them, that may have the most lasting effects. The sentiment is undeniably heartfelt: stories of people drawing together in the aftermath of the attacks bolster a belief that we as a nation will survive the present crisis and perhaps locate new sources of communal strength. There is also some factual, or at least statistical, justification for this continual refrain. We have all heard the polling figures-overwhelming support for a military response, high approval ratings for a President whose election was bitterly contested a year ago. Grief and confusion create a longing for certainty, community, and institutions deserving of our trust, and journalists, being human, share in those desires. Dan Rather's post-September 11 appearance on "The Late Show with David Letterman," provided one dramatic example. The CBS news anchor's pledge to "line up" wherever President Bush asked horrified many of his fellow journalists because it revealed how close to a vanishing point objectivity was being pushed.

Ironically, in helping to harden collective longings into something-an accepted truth, an article of faith, a reassuring cliché that is no longer open to discussion, the major media have contributed to a climate where journalists are condemned for living up to their professional principles. Unpopular with the public even before September 11, reporters who have asked difficult questions about the reasons behind the attacks or the wisdom of U.S. foreign policy have encountered outrage on an entirely different scale. Roughton, for example, acknowledged intense pressure from Journal-Constitution readers to be unconditionally supportive of the war. Speaking of journalists' professional mandate to uncover the truth, however embarrassing or inconvenient it may be to those in power, he admitted, "I think right now, the American public isn't very sympathetic to our cause." Nor have the charges of treason and accusations about a lack of moral character been limited to rank-and-file reporters. Talk-show personality Bill Maher, bestselling novelist Barbara Kingsolver, and even media tycoon Ted Turner have been met with a chorus of angry responses for having dared to disrupt the consensus.

Lost in the controversy surrounding Turner's speech at the Woodrow Wilson Center in Washington, D.C. on October 10, 2001-in which he proposed, with no apparent sense of personal irony, that U.S. leaders could be more "humble" in their dealings with the rest of the world-was the CNN founder's pointed criticism of both the broadcast and print media. Turner accused news executives of having contributed to American audiences' lack of knowledge about international affairs by closing many of their overseas bureaus in the 1990s. "Americans are woefully uninformed at the current time about international news in general, and I've always said we were doing that at our peril," the Cox News Service quoted Turner as saying. While the media billionaire has seldom allowed facts to get in the way of his opinions, his observations about the decline of international news parallel the findings of A number of surveys and reports by media research institutes. Citing studies conducted by Harvard, UC-San Diego, and a broad range of professional groups, media critic David Shaw of the Los Angeles Times estimates that newspaper and television coverage of international events has declined by as much as 80 percent since the mid-eighties. News organizations often claim to have cut back on their foreign staff for budgetary reasons, but Shaw argues a far more significant factor in the decline was that after the Soviet Union dissolved, "most news executives decided that Americans weren't interested in international news." Scandals, celebrity gossip, and "soft" lifestyle features replaced coverage of overseas events.

Nathan McCall, an author, former Washington Post reporter, and visiting professor of journalism at Emory, sees a historic parallel for recent events in the Report of the National Advisory Commission on Civil Disorders, issued in 1968 and more widely known as the "Kerner Report." Among the Report's most significant findings, notes McCall, was that "there was a lot of racial hostility beneath the surface in the nation's African-American communities, and the media was partly to blame for that bubbling up." The Commission described at least two ways in which the media bore some measure of responsibility for the violence occurring in neighborhoods of Los Angeles, Newark, and other American cities during the 1960s. "One, the media had compounded the frustrations in African-American communities where people's grievances weren't being heard. Two, it undermined the consciousness of the rest of the country who didn't even recognize the problem or the injustices that were occurring." In a similar fashion, reductions in the amount of resources expended on the gathering and reporting of international news have left many American audiences unaware of the deep resentments that U.S. foreign policies have inspired. "Here we are forty years later," says McCall, "and it's just that it's happening on an international scale."

As it happens, the media's response to September 11 demonstrates more than one form of historical amnesia. Part of the irony behind all the present assertions of unity is that for the past three decades, media decision-makers have been conducting business according to a decidedly opposite set of principles. Since the 1970s, the prevailing wisdom among advertising and media executives has been that American society is increasingly fragmented into separate interest groups and lifestyle enclaves. The magazines, cable channels, radio stations, and websites that have thrived have been those able to deliver a detailed portrait of a niche audience to their potential advertisers. Even newspapers, once the medium promoted as offering "something for everyone," have focused increasingly on upscale suburbanites with "zoned" editions edited for specific neighborhoods and a greater emphasis on local news, lifestyle, and personal finance. Those who work the business side of newspaper publishing readily admit that these kinds of features help attract advertisers with images of affluent readers. Whether the media, in their sudden passion for our shared connections, will reaffirm an obligation to serve all segments of American society by making substantive changes in their coverage remains to be seen. Already, the worst excesses of "America United" resemble the idealized world that journalist Naomi Klein calls "Representation Nation"-the ethnically-balanced visions of harmony that are featured in Ralph Lauren and Tommy Hilfiger ads.

Not coincidentally, media institutions that have historically expressed the double consciousness of their audiences-as both American citizens and members of distinct and often oppressed social groups-have proven to be among the most willing to question the limits of unity. The African-American press and ethnic newspapers have focused on local angles to the September 11 events, have covered benefit events and prayer services, and have attempted to alleviate the anxieties of readers for whom English is a second language. But black newspapers like the Atlanta Daily World and the Baltimore Afro-American have also featured a steady procession of columnists reaffirming a commitment to civil liberties, objecting to racial profiling practices, and questioning the wisdom of U.S. foreign policy. In a commentary published in the October 11 issue of the Atlanta Daily World, for example, columnist Hazel Trice Edney expressed concern that U.S. government actions often seemed uncaring and arrogant to people in the developing world, citing the U.S. walkout on the U. N. Conference Against Racism in Durban, South Africa as one of the more recent instances. In the Spanish-language press, syndicated columnist James E. Garcia reminded his readers of the mass deportations of Mexican-American citizens during the Great Depression of the 1930s, calling upon them to speak out against acts of violence and discrimination directed at Arab Americans. These examples demonstrate that while many people may feel the need to draw together in a crisis, they are not willing to overlook the ways in which America has failed to live up to its promises, or to ignore the manner in which "unity" can become exclusionary.

Peace demonstrations, marches, and rallies visibly complicate this theme, and press coverage of groups organizing to oppose the war in Afghanistan has been accordingly sporadic. "In the immediate aftermath of the attacks in D.C. and New York, there was a kind of united front and a real frenzy that we saw in the media," says Lance Newman, a member of the steering committee for the Georgia Coalition for Peace, an Atlanta-based activist group composed largely of veterans of the street protests against institutions like the World Trade Organization and the International Monetary Fund. When the media have reported on the activities organized by local peace groups, the tone of the coverage has been "fairly patronizing and sarcastic," Newman observes. The eagerness with which many news executives have aligned their organizations with the cause of unity has made it difficult for peace groups to have their messages heard. "I think there's a lot of people out there who oppose the war but don't feel confident enough to put themselves on the line right now because they see what's going on," says Newman. "They see the crackdown on civil liberties, they see the way dissent is treated in the media, and they expect that's how they are liable to be treated."

When dealing with groups who oppose the war, the media seem to have little awareness of past mistakes. In late September, for example, more than a dozen black churches in the Cascade Heights area of southwest Atlanta organized a march for peace. Although other vigils and demonstrations had been held in downtown Atlanta parks and at the King Center, the march down Cascade Road was noteworthy for the number of participants (eight hundred, by the Atlanta Journal-Constitution's estimate), for the range of ages that was represented, and for the fact that the marchers identified themselves by faith rather than membership in an anti-war group. "We gather to pray and speak a word of peace" read the statement issued by the march organizers, "first to the hearts and minds of those most directly affected by these horrific and haunting events, but also to the nations of the world, who have begun to position themselves for international conflict."

All three of Atlanta's leading television stations reported on the march, but only one emphasized the congregants' clear message that one might pray for the country while still opposing retaliatory violence. Of the other two, one focused almost exclusively on the presence of famous leaders like the Reverend Jesse Jackson and Georgia Governor Roy Barnes. (While the presence of these leaders was a significant show of support for the marchers, the fact that this station only highlighted Jackson and Barnes ignored the important message of the march.) The final station's 45-second piece featured a white man as the subject of its single on-screen interview, the reporter apparently having concluded that the real story of the march was the presence of people who admitted membership in a socialist group. Such racism and red-baiting seemed straight out of an era of Civil Defense drills and automotive tailfins, and the reporter went on to emphasize the "controversial" nature of the march. Overlooked was the more compelling reality that many of the marchers were acting on their own definitions of citizenship and solidarity, offering them as an alternative to President Bush's "either you're with us or against us" rhetoric.

Journalists and their critics alike agree that a few positive signs have appeared in the past weeks that seem to indicate that news organizations are beginning to focus on missed opportunities. But if there is a growing recognition of where news organizations might have failed their audiences in the past, many of the ongoing problems have yet to be addressed. When the events of September 11 have become more distant history, predicts Professor McCall, "someone will have a big media convention somewhere and the big mucketymucks will talk about what we could have done better with what I call progressive hindsight. Journalists-we're all very good at being progressive in retrospect. The problem is, it's always hard to get changes made in midstream, when they would make the most impact."

Patrick Wehner is a postdoctoral fellow at the Center for Myth and Ritual in American Life at Emory University and served as a special contributing editor for this issue of Southern Changes.

Remembering our Values in a Post 9/11 World


By Charles S. Johnson, III

From Southern Changes, Vol. 23, No. 3, 2001

Following the tragic loss of thousands of lives in two of our most diverse cities, our nation is struggling with feelings of suspicion, insecurity, and fear. And many have responded by looking for scapegoats.

In Dallas, Texas, a Pakistani Muslim storeowner was recently shot and killed. An arrow was shot through the front window of a Muslim-owned laundromat in Green Cove, Florida. Four men in the Atlanta area attempted to stab a Sudanese man, saying, "You killed our people in New York. We want to kill you tonight."

But racial or ethnically-based attacks such as we are currently experiencing are far from new in the South. We have seen such times before. One such time was in the period immediately following the First World War, when soldiers returned from saving the world for democracy only to be confronted with an outrageous failure of democracy at home. In the Red Summer of 1919, there were more than twenty-five race riots and seventy-six lynchings in the United States. Two hundred African Americans were killed in a single riot in Elaine, Arkansas.

It was against this background that an interracial group of Southerners came together in 1919, determined to transform what we used to call race relations. After working for more than two decades to end lynchings and alleviate property, this group by the end of the Second World War had embraced the strategy of pursuing equal opportunity through research and action, and what emerged was the early Southern Regional Council.

The Council has always linked work for racial fairness with the struggle for democratic rights. As we continue to share our concern for the victims of the recent tragedies, commend courageous relief workers, and express our convictions about U.S. actions abroad, we must also continue working to strengthen democracy at home. In light of the nation's sudden discovery last year that our election system simply doesn't work in the way that we thought it did, we must support the strongest possible election reform legislation moving through Congress. Election fairness is a civil right linked to national policy on every domestic and international concern.

We also cannot abandon our efforts to improve race relations at home. It is critical to expand and intensify that work, giving greater recognition to the increasing diversity of our nation. In light of recent events, we must work to deter acts of hate against innocent Arabs and Muslims as well as other immigrants. But the recent grotesque Halloween activities on the part of fraternity members at Auburn University and similar incidents at the University of Louisville and the University of Mississippi remind us that we cannot step back from efforts to heal longstanding racial divides and end inequalities.

The U.N. World Conference Against Racism held in Durban, South Africa may have dropped out of consciousness since September 11th, but as long as inequalities remain, we cannot sideline the struggle against racism.

Civil liberties are fundamentally linked with civil rights. We should be able to strengthen the government's ability to respond to terrorism without denying the right to dissent. However, some of our national leaders do not appear to share this belief. Under intense pressure to respond to the horrific attacks, U. S. Attorney General John Ashcroft and a number of members of Congress have taken a short-sighted view in lifting protections for civil liberties, initiating changes that directly affect immigrants and endanger the privacy rights of all Americans. The "U.S.A. PATRIOT Act" (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism), limits the role of the courts in checking law enforcement authority, eases safeguards against the misuse of surveillance and searches, permits incarceration of non-citizens on suspicion, allows deportation and exclusion of non-citizens for beliefs and associations, and interferes with the attorney-client privilege. Unilateral executive orders which diminish the role of the courts using military tribunals undermine democracy in the process.

Fear, suspicion, and distrust still live with us. The kinds of recriminations that we've seen in the past months remind us that, although we think we've come a long way since 1919, we still have a long way to go. If we are to avoid another Red Summer, we may wish to consider a little dose of interracial- and interethnic-cooperation. Intergroup cooperation is the key to broadening civic participation and preserving democratic rights.

Justice, above all, is what we as a nation must pursue. This has been recognized since the days that the Republic was founded. Before the Constitution's signers wrote of domestic tranquility, before they wrote of promoting the general welfare, and even before they wrote of providing for the common defense, the authors of the Preamble wrote of a goal to establish justice.

The work of today's Southern Regional Council is in the tradition of our nation's historic pursuit of justice. The new realities which confront us as a result of recent events cannot and will not deter us in our quest.

Charles S. Johnson, III, is president of the Southern Regional Council and a partner in the law firm of Holland and Knight.

Thursday, August 25, 2011

On Dr. King, Senator Kennedy, and Lillian Smith


The 43rd Lillian Sm
ith Book Awards were presented on Sunday, September 4, 2011 at the Old DeKalb County Courthouse in Decatur, Georgia. The choice of this venue is deeply ironic.

It was in this building on September 23, 1960 that Martin Luther King, Jr. stood before Judge J. Oscar Mitchell, who sentenced him to a fine and probation for a minor traffic offense. There is now some question about whether Dr. King was thoroughly informed about the terms of his probation.

A few weeks later, Dr. King and others were arrested for trespassing when they refused to leave the restaurant at Rich's department store after being refused service. Judge Mitchell promptly scheduled a hearing on whether Dr. King had violated the terms of his probation. Attorney Donald Hollowell immediately responded by appealing Dr. King's original traffic conviction. Judge Mitchell nevertheless revoked the probation, denied Hollowell's request for an appeal bond, and sentenced Dr. King to a term of four months at the Georgia State Prison at Reidsville.

Ms. King was convinced that her husband would never get out of Reidsvile Prison alive. Presidential candidate John F. Kennedy telephoned Ms. King to comfort her. His brother Robert Kennedy called Judge Mitchell and suggested to him that all defendants had a right to be released on bond pending appeal. A few days later, Judge Mitchell changed his mind and granted an appeal bond, and Dr. King was released from Reidsville Prison.

At a rally that night, Daddy King proclaimed that he had changed his mind and would be voting for John Kennedy for President, and the younger King declared that he held Senator Kennedy in very high esteem, later declaring that Senator Kennedy had exhibited moral courage of a high order. These pronouncements are widely credited with influencing the outcome of that year's Presidential election.

All of these events were set in motion on May 4, 1960, when Dr. King was stopped in DeKalb County and cited for driving a borrowed car with expired plates, and for not having exchanged his Alabama driver's license for a Georgia license within 90 days after changing his residence from Montgomery to Atlanta. At the time of this traffic stop, Dr. King was on his way to Emory University Hospital. His passenger that day was a cancer patient by the name of Lillian Smith.

Sunday, August 7, 2011

DC Environmental Network Presents Steve Lerner, 2011 Lillian Smith Book Award Recipient

In his recent address to the DC Environmental Network, 2011 Lillian Smith Book Award Recipient Steve Lerner discussed his recent book, Sacrifice Zones: The Front Lines of Toxic Chemical Exposure in the United States.




"Across the United States, thousands of people, most of them in low-income or minority communities, live next to heavily polluting industrial sites. Many of them, like Ruth Reed, reach a point at which they say "Enough is enough." After living for years with poisoned air and water, contaminated soil, and pollution-related health problems, they start to take action—organizing, speaking up, documenting the effects of pollution on their neighborhoods. "

"In Sacrifice Zones, Steve Lerner tells the stories of twelve communities, from Brooklyn to Pensacola, that rose up to fight the industries and military bases causing disproportionately high levels of chemical pollution. He calls these low-income neighborhoods "sacrifice zones"—repurposing a Cold War term coined by U.S. government officials to designate areas contaminated with radioactive pollutants during the manufacture of nuclear weapons. And he argues that residents of a new generation of sacrifice zones, tainted with chemical pollutants, need additional regulatory protections."

"Studies show that poor and minority neighborhoods are more polluted than wealthier areas located farther away from heavy industry. Sacrifice Zones goes beyond these disheartening statistics and gives us the voices of the residents themselves. We hear from people like Margaret L. Williams, who organized her neighbors to demand relocation away from two Superfund hazardous waste sites; Hilton Kelley, who came back to his hometown to find intensified emissions from the Exxon Mobil refinery next to the housing project in which he grew up; and Laura Ward, who found technicians drilling a hole in her backyard to test groundwater for pollution from the nearby Lockheed Martin weapons plant. Sacrifice Zones offers compelling portraits of accidental activists who have become grassroots leaders in the struggle for environmental justice and details the successful tactics they have used on the fence line with heavy industry."

The Southern Regional Council Announces the Lillian Smith Book Award Recipients for 2011


Atlanta - Two exceptional books will be recognized with this year's Lillian Smith Book Awards. These awards were established in 1968 by the Southern Regional Council (SRC) to recognize authors whose books represent outstanding achievements demonstrating through literary merit and moral vision an honest representation of the South, its people, its problems, and its promise.


This year's Forty-Third Anniversary Awards Ceremony is a partnership between the Southern Regional Council, the University of Georgia Libraries, and the Georgia Center for the Book. It will be presented in connection with the Decatur Book Festival at the DeKalb County Courthouse on Sunday, September 4, 2011 at 2:30 p.m.


The 2011 award recipients are:


Sacrifice Zones: The Front Lines of Toxic Chemical Exposure in the United States

By Steve Lerner


"Across the United States, thousands of people, most of them in low-income or minority communities, live next to heavily polluting industrial sites. Many of them, like Ruth Reed, reach a point at which they say "Enough is enough." After living for years with poisoned air and water, contaminated soil, and pollution-related health problems, they start to take action—organizing, speaking up, documenting the effects of pollution on their neighborhoods. "

"In Sacrifice Zones, Steve Lerner tells the stories of twelve communities, from Brooklyn to Pensacola, that rose up to fight the industries and military bases causing disproportionately high levels of chemical pollution. He calls these low-income neighborhoods "sacrifice zones"—repurposing a Cold War term coined by U.S. government officials to designate areas contaminated with radioactive pollutants during the manufacture of nuclear weapons. And he argues that residents of a new generation of sacrifice zones, tainted with chemical pollutants, need additional regulatory protections.
"

"Studies show that poor and minority neighborhoods are more polluted than wealthier areas located farther away from heavy industry. Sacrifice Zones goes beyond these disheartening statistics and gives us the voices of the residents themselves. We hear from people like Margaret L. Williams, who organized her neighbors to demand relocation away from two Superfund hazardous waste sites;
Hilton Kelley, who came back to his hometown to find intensified emissions from the Exxon Mobil refinery next to the housing project in which he grew up; and Laura Ward, who found technicians drilling a hole in her backyard to test groundwater for pollution from the nearby Lockheed Martin weapons plant. Sacrifice Zones offers compelling portraits of accidental activists who have become grassroots leaders in the struggle for environmental justice and details the successful tactics they have used on the fence line with heavy industry."


At the Dark End of the Street: Black Women, Rape and Resistance - A New History of the Civil Rights Movement from Rosa Parks to the Rise of Black Power

By Danielle McGuire


"Rosa Parks was often described as a sweet and reticent elderly woman whose tired feet caused her to defy segregation on Montgomery’s city buses, and whose supposedly solitary, spontaneous act sparked the 1955 bus boycott that gave birth to the civil rights movement."

"The truth of who Rosa Parks was and what really lay beneath the 1955 boycott is far different from anything previously written."

"In this groundbreaking and important book, Danielle McGuire writes about the rape in 1944 of a twenty-four-year-old mother and sharecropper, Recy Taylor, who strolled toward home after an evening of singing and praying at the Rock Hill Holiness Church in Abbeville, Alabama. Seven white men, armed with knives and shotguns, ordered the young woman into their green Chevrolet, raped her, and left her for dead. The president of the local NAACP branch office sent his best investigator and organizer to Abbeville. Her name was Rosa Parks. In taking on this case, Parks launched a movement that ultimately changed the world."

"The author gives us the never-before-told history of how the civil rights movement began; how it was in part started in protest against the ritualistic rape of black women by white men who used economic intimidation, sexual violence, and terror to derail the freedom movement; and how those forces persisted unpunished throughout the Jim Crow era when white men assaulted black women to enforce rules of racial and economic hierarchy. Black women’s protests against sexual assault and interracial rape fueled civil rights campaigns throughout the South that began during World War II and went through to the Black Power movement. The Montgomery bus boycott was the baptism, not the birth, of that struggle."

"At the Dark End of the Street describes the decades of degradation black women on the Montgomery city buses endured on their way to cook and clean for their white bosses. It reveals how Rosa Parks, by 1955 one of the most radical activists in Alabama, had had enough. “There had to be a stopping place,” she said, “and this seemed to be the place for me to stop being pushed around.” Parks refused to move from her seat on the bus, was arrested, and, with fierce activist Jo Ann Robinson, organized a one-day bus boycott."

"The protest, intended to last twenty-four hours, became a yearlong struggle for dignity and justice. It broke the back of the Montgomery city bus lines and bankrupted the company."

"We see how and why Rosa Parks, instead of becoming a leader of the movement she helped to start, was turned into a symbol of virtuous black womanhood, sainted and celebrated for her quiet dignity, prim demeanor, and middle-class propriety—her radicalism all but erased. And we see as well how thousands of black women whose courage and fortitude helped to transform America were reduced to the footnotes of history."

"A controversial, moving, and courageous book; narrative history at its best."

The Southern Regional Council (SRC) is an inter-racial organization founded in 1919 to combat racial injustice in the South. SRC initiated the Lillian Smith Book Awards shortly after Smith's death in 1966 to recognize authors whose writing extends the legacy of the outspoken writer, educator and social critic who challenged her fellow Southerners and all Americans on issues of social and racial justice. Since 2004 the awards have been presented by SRC in a partnership with the University of Georgia Libraries, whose Hargrett Rare Book and Manuscript Library houses a historic collection of Lillian Smith's letters and manuscripts. The Georgia Center for the Book became a partner in 2007, when the awards ceremony first became part of the Decatur Book Festival.

The 2010 winners of the Lillian Smith Book Award were Amy Louise Wood for Lynching and Spectacle: Witnessing Racial Violence in America, 1890-1940 and Charles Eagles for The Price of Defiance: James Meredith and the Desegregation of Ole Miss.

Tuesday, July 19, 2011

Constitutional Challenge to Voting Rights Preclearance Appears Headed to the Supreme Court


By Leland Ware


LaRoque v. Holder involves a constitutional challenge to Section 5 of the Voting Rights Act.

The voters in Kinston, North Carolina, approved a referendum that changed city elections from a partisan to a nonpartisan system. As Kinston is a jurisdiction covered by section 5 of the Voting Rights Act (VRA), the city cannot implement the referendum until it is precleared by federal authorities. A candidate for public office and other plaintiffs filed a suit contending that section 5 exceeds Congress’ enforcement powers under the Fourteenth and Fifteenth Amendments. The plaintiffs also claim that the 2006 amendments to section 5 are an unconstitutional racial-preference scheme.

The district court ruled that the plaintiffs lacked standing to assert their claims and dismissed the case. On July 8, 2011, the Court of Appeals for the District of Columbia Circuit reversed the trial court's decision and remanded the case for a consideration of the merits. The 32- page opinion is devoted almost entirely to standing. The stakes are much higher for the Constitutional issues that the trial court has been directed to resolve.

Under section 5 of the VRA, changes in voting procedures in a “covered” jurisdiction cannot be made without preclearance by the federal court in the District of Columbia or the United States Attorney General. Legislative hearings showed that the federal government’s efforts to eliminate discriminatory election practices with court cases were thwarted. As soon as one discriminatory practice was proven to be unconstitutional, a new one would be substituted requiring another round of lengthy and time consuming litigation.

To stop this, the 1965 Act included special preclearance provisions targeted at states where the potential for discrimination was the greatest. Six southern states are covered, as are a number of counties in other states. Section 5 was extended for 25 years in 1982. In 2006 the Fannie Lou Hamer, Rosa Parks and Coretta Scott King Voting Rights Act Reauthorization and Amendments were enacted which extended section 5 for 25 more years. After extensive hearings, Congress found that race-based voting abuses continued at very high levels.

In June of 2009, the Supreme Court ruled in Northwest Austin Municipal Utility District No. 1 v. Holder (NAMUDNO) that all individual jurisdictions should have the opportunity to "bail out" of the provisions requiring federal preclearance for changes in election procedures. To obtain a bail out, a covered jurisdiction must show that it has not used any forbidden voting test or device, not been the subject of a section 5 objection and has eliminated procedures that inhibit equal access to the electoral process. A bail out applicant must also show that it has made constructive efforts to eliminate voter intimidation and harassment and undertaken other constructive efforts to promote equal access to the electoral process.

Chief Justice John Roberts' opinion in NAMUDNO expressed a considerable amount of skepticism about the constitutionality of Section 5. Roberts stated that section 5 is substantial departure from the fundamental principles of the nation's federal system and a significant encroachment on state sovereignty. Roberts questioned the continuing need for section 5. He noted that black and white voter turnout and registration rates in covered jurisdictions are approaching parity. Discriminatory evasions of federal decrees are rare. Minority candidates hold office at high levels. The VRA's coverage formula is based on data that was more than 35 years old.

Roberts said the exceptional conditions in southern states in 1965 justified the law, but the violence, intimidation, and subterfuges that justified section 5 no longer exist. However, since the Court ruled in NAMUDNO's favor on statutory grounds (that it was eligible to pursue the VRA's bail out provisions) it did not decide "difficult constitutional question" of whether current conditions justify section 5.

Justice Clarence Thomas wrote a separate opinion in NAMUDNO arguing section 5 is unconstitutional. He claimed that the patterns of discrimination that justified section 5 in 1965 have been eliminated. Covered jurisdictions are not engaging in efforts to deny black citizens' voting rights using intimidation and violence. Grandfather clauses, property qualifications, character tests, and requirements to understand or interpret state constitutions are relics of the past. Thomas believes that current conditions do not justify a continuation of section 5.

The plaintiffs in LaRoque claim that section 5 is no longer needed and the 2006 amendments to the VRA discriminate against white voters. To prevail on the first claim the plaintiffs will have difficult job of proving that Congress enacted the 2006 amendments with a discriminatory intent. As to the continuing need for section 5, in 2006 Congress conducted over 20 hearings, listened to more than 50 expert witnesses, and collected over 17,000 pages of testimony documenting the VRA violations and other voting abuses. A decision overturning section 5 on this ground will require an explanation as to why evidence of this magnitude is insufficient or erroneous. LaRoque or a case like it, will probably reach the Supreme Court. Roberts and Thomas have already made their views clear.

The plaintiffs in LaRoque claim that section 5 is no longer needed and the 2006 amendments to the VRA discriminate against white voters. To prevail on the first claim the plaintiffs will have the difficult job of proving that Congress enacted the 2006 amendments with a discriminatory intent. As to the continuing need for section 5, in 2006 Congress conducted over 20 hearings, listened to more than 50 expert witnesses, and collected over 17, 000 pages of testimony documenting the VRA violations and other voting abuses. A decision overturning section 5 on this ground will require an explanation as to why evidence of this magnitude is insufficient or erroneous. LaRoque or a case like it, will probably reach the Supreme Court. Roberts and Thomas have already made their views clear.

About the Author

Leland Ware, a member of the Board of the Southern Regional Council, is Louis B. Redding Chair and Professor for the Study of Law and Public Policy at the University of Delaware.He is the author of numerous publications, and he served as co-editor of the recently-published volume, Choosing Equality: Essays and Narratives on the Desegregation Experience.