Archives for category: Civil Rights

Robert Reich shared Jesse Jackson’s speech to the Democratic National Convention on July 19, 1988. At that time, Jackson sounded like a radical to some people. He spoke forthrightly, succinctly, and plainly.

Today, nothing in his speech sounds remotely radical. It sounds like common-sense, like the words that you expect to hear from every Democratic candidate and even some Republicans.

He was, at the time, a visionary.

And yet today, the bedrock ideas he espoused are under challenge by the Trump administration. Trump wants to roll the clock backwards, back to the 1920s, when white men ran everything.

Jesse Jackson looked forward and saw a better America coming into view.

Now it’s up to us to recapture and restore that better vision of America, one where everyone can live in dignity.


Jesse Jackson said:

Tonight, we pause and give praise and honor to God for being good enough to allow us to be at this place, at this time. When I look out at this convention, I see the face of America: Red, Yellow, Brown, Black and White. We are all precious in God’s sight – the real rainbow coalition.

(Applause)

All of us – all of us who are here think that we are seated. But we’re really standing on someone’s shoulders. Ladies and gentlemen, Mrs. Rosa Parks. (Applause) The mother of the civil rights movement. [Mrs. Rosa Parks was brought to the podium.]

I want to express my deep love and appreciation for support my family has given me over the past months. They have endured pain, anxiety, threat and fear. But they have been strengthened and made secure by our faith in God, in America, and in you. Your love has protected us and made us strong. To my wife Jackie, the foundation of our family; to our five children whom you met tonight; to my mother, Mrs. Helen Jackson, who is present tonight; and to our grandmother, Mrs. Matilda Burns; to my brother Chuck and his family; to my mother-in-law, Mrs. Gertrude Brown, who just last month at age 61 graduated from Hampton Institute – A marvelous achievement. (Applause)

I offer my appreciation to Mayor Andrew Young who has provided such gracious hospitality to all of us this week.

And a special salute to President Jimmy Carter. (Applause) President Carter restored honor to the White House after Watergate. He gave many of us a special opportunity to grow. For his kind words, for his unwavering commitment to peace in the world, and for the votes that came from his family, every member of his family, led Billy and Amy, I offer special thanks to the Carter family.

(Applause)

My right and my privilege to stand here before you has been won, won in my lifetime, by the blood and the sweat of the innocent.

Twenty-four years ago, the late Fannie Lou Hamer and Aaron Henry – who sits here tonight from Mississippi – were locked out into the streets in Atlantic City; the head of the Mississippi Freedom Democratic Party.

But tonight, a Black and White delegation from Mississippi is headed by Ed Cole, a Black man from Mississippi; 24 years later. (Applause)

Many were lost in the struggle for the right to vote: Jimmy Lee Jackson, a young student, gave his life; Viola Liuzzo, a White mother from Detroit, called nigger lover, had her brains blown out at point blank range; [Michael] Schwerner, [Andrew] Goodman and [James] Chaney – two Jews and a Black – found in a common grave, boddies riddled with bullets in Mississippi; the four darling little girls in a church in Birmingham, Alabama. They died that we might have a right to live.

Dr. Martin Luther King Jr. lies only a few miles from us tonight. Tonight he must feel good as he looks down upon us. We sit here together, a rainbow, a coalition – the sons and daughters of slavemasters and the sons and daughters of slaves, sitting together around a common table, to decide the direction of our party and our country. His heart would be full tonight.

As a testament to the struggles of those who have gone before; as a legacy for those who will come after; as a tribute to the endurance, the patience, the courage of our forefathers and mothers; as an assurance that their prayers are being answered, their work have not been in vain, and hope is eternal; tomorrow night my name will go into nomination for the Presidency of the United States of America.

We meet tonight at the crossroads, a point of decision. Shall we expand, be inclusive, find unity and power; or suffer division and impotence?

We’ve come to Atlanta, the cradle of the old South, the crucible of the new South. Tonight, there is a sense of celebration, because we are moved, fundamentally moved from racial battlegrounds by law, to economic common ground. Tomorrow we will challenge to move to higher ground.

Common ground! Think of Jerusalem, the intersection where many trails met. A small village that became the birthplace for three religions – Judaism, Christianity and Islam. Why was this village so blessed? Because it provided a crossroads there different people met, different cultures, different civilizations could meet and find common ground. When people come together, flowers always flourish – the air is rich with the aroma of a new spring.

Take New York, the dynamic metropolis. What makes New York so special? It’s the invitation of the Statue of Liberty, “Give me your tired, your poor, your huddled masses who yearn to breathe free.” Not restricted to English only. (Applause) Many people, many cultures, many languages – with one thing in common, they yearn to breathe free. Common ground!

Tonight in Atlanta, for the first time in this century, we convene in the South; a state where Governors once stood in school house doors; where Julian Bond was denied a seal in the State Legislature because of his conscientious objection to the Vietnam War; a city that, through its five Black Universities, has graduated more black students than any city in the world. (Applause) Atlanta, now a modern intersection of the new South.

Common ground! That’s the challenge of our party tonight. Left wing. Right wing.

Progress will not come through boundless liberalism nor static conservatism, but at the critical mass of mutual survival – not at boundless liberalism nor static conservatism, but at the critical mass of mutual survival. It takes two wings to fly. Whether you’re a hawk or a dove, you’re just a bird living in the same environment, in the same world.

The Bible teaches that when lions and lambs lie down together, none will be afraid and there will be peace in the valley. It sounds impossible. Lions eat lambs. Lambs sensibly flee from lions. Yet when even lions and lambs will find common ground. Why? Because neither lions nor lambs can survive nuclear war. If lions and lambs can find common ground, surely we can as well – as civilized people. (Applause)

The only time that we win is when we come together. In 1960, John Kennedy, the late John Kennedy, beat Richard Nixon by only 112,000 votes – less than one vote per precinct. He won by the margin of our hope. He brought us together. He reached out. He had the courage to defy his advisors and inquire about Dr. King’s jailing in Albany, Georgia. We won by the margin of our hope, inspired by courageous leadership.

In 1964, Lyndon Johnson brought wings together – the thesis, the antithesis, and the creative synthesis – and together we won.

In 1976, Jimmy Carter unified us again, and we won. When do we not come together, we never win.

In 1968, the vision and despair in July led to our defeat in November. In 1980, rancor in the spring and the summer led to Reagan in the fall.

When we divide, we cannot win. We must find common ground as the basis for survival and development and change, and growth. (Applause)

Today when we debated, differed, deliberated, agreed to agree, agree to disagree, when we had the good judgment to argue a case and then not self-destruct, George Bush was just a little further away from the White House and a little closer to private life. (Applause)

Tonight I salute Governor Michael Dukakis. (Applause) He has run – He has run a well-managed and a dignified campaign. No matter how tired or how tried, he always resisted the temptation to stoop to demagoguery.

I’ve watched a good mind fast at work, with steel nerves, guiding his campaign out of the crowded field without appeal to the worst in us. I have watched his perspective grow as his environment has expanded. I’ve seen his toughness and tenacity close up. I know his commitment to public service. Michael Dukakis’ parents were a doctor and a teacher; my parents a maid, a beautician and a janitor. There’s a great gap between Brookline, Massachusetts and Haney Street in the Fieldcrest Village housing projects in Greenville, South Carolina. (Applause)

He studied law; I studied theology. There are differences of religion, region, and race; differences in experiences and perspectives. But the genius of America is that out of the many we become one.

Providence has enabled our paths to intersect. His foreparents came to America on immigrant ships; my foreparents came to America on slave ships. But whatever the original ships, we’re in the same boat tonight. (Applause) Our ships could pass in the night– if we have a false sense of independence– or they could collide and crash. We could lose our passengers. But we can seek a high reality and a greater good.

Apart, we can drift on the broken pieces of Reagonomics, satisfy our baser instincts, and exploit the fears of our people. At our highest we can call upon noble instincts and navigate this vessel to safety. The greater good is the common good.

As Jesus said, “Not My will, but Thine be done.” It was his way of saying there’s a higher good beyond personal comfort or position.

The good of our Nation is at stake. It’s commitment to working men and women, to the poor and the vulnerable, to the many in the world.

With so many guided missiles, and so much misguided leadership, the stakes are exceedingly high. Our choice? Full participation in a democratic government, or more abandonment and neglect. And so this night, we choose not a false sense of independence, and our capacity to survive and endure. Tonight we choose interdependency, and our capacity to act and unite for the greater good.

Common good is finding commitment to new priorities to expansion and inclusion. A commitment to expanded participation in the Democratic Party at every level. A commitment to a shared national campaign strategy and involvement at every level.

A commitment to new priorities that insure that hope will be kept alive. A common ground commitment to a legislative agenda for empowerment, for the John Conyers bill– universal, on-site, same-day registration everywhere. (Applause) A commitment to D.C. statehood and empowerment– D.C. deserves statehood. (Applause) A commitment to economic set-asides, commitment to the Dellums bill for comprehensive sanctions against South Africa. (Applause) A shared commitment to a common direction.

Common ground! Easier said than done. Where do you find common ground? At the point of challenge. This campaign has shown that politics need not be marketed by politicians, packaged by pollsters and pundits. Politics can be a moral arena where people come together to find common ground.

We find common ground at the plant gate that closes on workers without notice. We find common ground at the farm auction, where a good farmer loses his or her land to bad loans or diminishing markets. Common ground at the school yard where teachers cannot get adequate pay, and students cannot get a scholarship, and can’t make a loan. Common ground at the hospital admitting room, where somebody tonight is dying because they cannot afford to go upstairs to a bed that’s empty waiting for someone with insurance to get sick. We are a better nation than that. We must do better. (Applause)

Common ground. What is leadership if not present help in a time of crisis? So I met you at the point of challenge. In Jay, Maine, where paper workers were striking for fair wages; in Greenville, Iowa, where family farmers struggle for a fair price; in Cleveland, Ohio, where working women seek comparable worth; in McFarland, California, where the children of Hispanic farm workers may be dying from poisoned land, dying in clusters with cancer; in an AIDS hospice in Houston, Texas, where the sick support one another, too often rejected by their own parents and friends.

Common ground. America is not a blanket woven from one thread, one color, one cloth. When I was a child growing up in Greenville, South Carolina my grandmama could not afford a blanket, she didn’t complain and we did not freeze. Instead she took pieces of old cloth – patches, wool, silk, gabardine, crockersack – only patches, barely good enough to wipe off your shoes with. But they didn’t stay that way very long. With sturdy hands and a strong cord, she sewed them together into a quilt, a thing of beauty and power and culture. Now, Democrats, we must build such a quilt.

Farmers, you seek fair prices and you are right – but you cannot stand alone. Your patch is not big enough. Workers, you fight for fair wages, you are right – but your patch of labor is not big enough. Women, you seek comparable worth and pay equity, you are right – but your patch is not big enough. (Applause)

Women, mothers, who seek Head Start, and day care and prenatal care on the front side of life, relevant jail care and welfare on the back side of life – you are right – but your patch is not big enough. Students, you seek scholarships, you are right – but your patch is not big enough. Blacks and Hispanics, when we fight for civil rights, we are right – but our patch is not big enough.

Gays and lesbians, when you fight against discrimination and a cure for AIDS, you are right – but your patch is not big enough. Conservatives and progressives, when you fight for what you believe, right wing, left wing, hawk, dove, you are right from your point of view, but your point of view is not enough.

But don’t despair. Be as wise as my grandmama. Pull the patches and the pieces together, bound by a common thread. When we form a great quilt of unity and common ground, we’ll have the power to bring about health care and housing and jobs and education and hope to our Nation. (Standing ovation)

We, the people, can win!

We stand at the end of along dark night of reaction. We stand tonight united in the commitment to a new direction. For almost eight years we’ve been led by those who view social good coming from private interest, who view public life as a means to increase private wealth. They have been prepared to sacrifice the common good of the many to satisfy the private interests and the wealth of a few.

We believe in a government that’s a tool of our democracy in service to the public, not an instrument of the aristocracy in search of private wealth. We believe in government with the consent of the government with the consent of the governed, “of, for and by the people.” We must now emerge into a new day with a new direction.

Reaganomics. Based on the belief that the rich had too little money and the poor had too much. That’s classic Reaganomics. They believe that the poor had too much money and the rich had too little money so they engaged in reverse Robin Hood – took from the poor and gave to the rich, paid for by the middle class. We cannot stand four more years of Reaganomics in any version, in any disguise.(Applause)

How do I document that case? Seven years later, the richest 1 percent of our society pays 20 percent less in taxes. The poorest 10 percent pay 20 percent more. Reaganomics.

Reagan gave the rich and the powerful a multibillion-dollar party. Now the party’s over, he expects the people to pay for the damage. I take this principal position, convention, let us not raise taxes on the poor and the middle-class, but those who had the party, the rich and the powerful must pay for the party. (Applause)

I just want to take common sense to high places. We’re spending $150 billion a year defending Europe and Japan 43 years after the war is over. We have more troops in Europe tonight than we had seven years ago. Yet the threat of war is ever more remote.

Germany and Japan are now creditor nations; that means they’ve got a surplus. We are a debtor nation. It means we are in debt. Let them share more of the burden of their own defense. Use some of that money to build decent housing. Use some of that money to educate our children. Use some of that money for long-term health care. Use some of that money to wipe out these slums and put America back to work! (Applause)

I just want to take common sense to high places. If we can bail out Europe and Japan; if we can bail out Continental Bank and Chrysler– and Mr. Iaccoca, makes $8,000 an hour, we can bail out the family farmer. (Applause)

I just want to make common sense. It does not make sense to close down 650,000 family farms in this country while importing food from abroad subsidized by the U.S. Government. Let’s make sense.(Applause)

It does not make sense to be escorting all our tankers up and down the Persian Gulf paying $2.50 for every $1 worth of oil we bring out, while oil wells are capped in Texas, Oklahoma and Louisiana. I just want to make sense.(Applause)

Leadership must meet the moral challenge of its day. What’s the moral challenge of our day? We have public accommodations. We have the right to vote.

We have open housing. What’s the fundamental challenge of our day? It is to end economic violence. Plant closings without notice– economic violence. Even the greedy do not profit long from greed– economic violence.

Most poor people are not lazy. They are not black. They are not brown. They are mostly White and female and young. But whether White, Black or Brown, a hungry baby’s belly turned inside out is the same color– color it pain, color it hurt, color it agony.

Most poor people are not on welfare. Some of them are illiterate and can’t read the want-ad sections. And when they can, they can’t find a job that matches the address. They work hard everyday. I know, I live amongst them. They catch the early bus. They work every day. They raise other people’s children. They work everyday.

They clean the streets. They work everyday. They drive dangerous cabs. They change the beds you slept in in these hotels last night and can’t get a union contract. They work everyday. (Applause)

No, no, they’re not lazy. Someone must defend them because it’s right and they cannot speak for themselves. They work in hospitals. I know they do. They wipe the bodies of those who are sick with fever and pain. They empty their bedpans. They clean out their commodes. No job is beneath them, and yet when they get sick they cannot lie in the bed they made up every day. America, that is not right (Applause) We are a better Nation than that! (Applause)

We need a real war on drugs. You can’t “just say no.” It’s deeper than that. You can’t just get a palm reader or an astrologer. It’s more profound than that.(Applause)

We are spending $150 billion on drugs a year. We’ve gone from ignoring it to focusing on the children. Children cannot buy $150 billion worth of drugs a year; a few high-profile athletes– athletes are not laundering $150 billion a year– bankers are.(Applause)

I met the children in Watts who unfortunately, in their despair, their grapes of hope have become raisins of despair, and they’re turning on each other and they’re self-destructing. But I stayed with them all night long. I wanted to hear their case.

They said, “Jesse Jackson, as you challenge us to say no to drugs, you’re right; and to not sell them, you’re right; and to not use these guns, you’re right.” And by the way, the promise of CETA; they displaced CETA– they did not replace CETA. “We have neither jobs nor houses nor services nor training; no way out.

“Some of us take drugs as anesthesia for our pain. Some take drugs as a way of pleasure, good short-term pleasure and long-term pain. Some sell drugs to make money. It’s wrong, we know, but you need to know that we know. We can go and buy the drugs by the boxes at the port. If we can buy the drugs at the port, don’t you believe the Federal government can stop it if they want to?” (Applause)

They say, “We don’t have Saturday night specials anymore. They say, We buy AK47’s and Uzi’s, the latest make of weapons. We buy them across the along these boulevards.”

You cannot fight a war on drugs unless until you’re going to challenge the bankers and the gun sellers and those who grow them. Don’t just focus on the children, let’s stop drugs at the level of supply and demand. We must end the scourge on the American Culture! (Applause)

Leadership. What difference will we make? Leadership. We cannot just go along to get along. We must do more than change Presidents. We must change direction.

Leadership must face the moral challenge of our day. The nuclear war build-up is irrational. Strong leadership cannot desire to look tough and let that stand in the way of the pursuit of peace. Leadership must reverse the arms race. At least we should pledge no first use. Why? Because first use begets first retaliation. And that’s mutual annihilation. That’s not a rational way out.

No use at all. Let’s think it out and not fight it our because it’s an unwinnable fight. Why hold a card that you can never drop? Let’s give peace a chance.

Leadership. We now have this marvelous opportunity to have a breakthrough with the Soviets. Last year 200,000 Americans visited the Soviet Union. There’s a chance for joint ventures in space– not Star Wars and war arms escalation but a space defense initiative. Let’s build in space together and demilitarize the heavens. There’s a way out.

America, let us expand. When Mr. Reagan and Mr. Gorbachev met there was a big meeting. They represented together one-eighth of the human race. Seven-eighths of the human race was locked out of that room. Most people in the world tonight– half are Asian, one-half of them are Chinese. There are 22 nations in the Middle East. There’s Europe; 40 million Latin Americans next door to us; the Caribbean; Africa– a half-billion people.

Most people in the world today are Yellow or Brown or Black, non-Christian, poor, female, young and don’t speak English in the real world.

This generation must offer leadership to the real world. We’re losing ground in Latin America, Middle East, South Africa because we’re not focusing on the real world. That’s the real world. We must use basic principles, support international law. We stand the most to gain from it. Support human rights; we believe in that. Support self-determination, we’re built on that. Support economic development, you know it’s right. Be consistent and gain our moral authority in the world. I challenge you tonight, my friends, let’s be bigger and better as a Nation and as a Party! (Applause)

We have basic challenges – freedom in South Africa. We have already agreed as Democrats to declare South Africa to be a terrorist state. But don’t just stop there. Get South Africa out of Angola; free Namibia; support the front line states. We must have a new humane human rights consistent policy in Africa.

I’m often asked, “Jesse, why do you take on these tough issues? They’re not very political. We can’t win that way.”

If an issue is morally right, it will eventually be political. It may be political and never be right. Fanny Lou Hamer didn’t have the most votes in Atlantic City, but her principles have outlasted the life of every delegate who voted to lock her out. Rosa Parks did not have the most votes, but she was morally right. Dr. King didn’t have the most votes about the Vietnam War, but he was morally right. If we are principled first, our politics will fall in place. “Jesse, why do you take these big bold initiatives?” A poem by an unknown author went something like this: “We mastered the air, we conquered the sea, annihilated distance and prolonged life, but we’re not wise enough to live on this earth without war and without hate.”

As for Jesse Jackson: “I’m tired of sailing my little boat, far inside the harbor bar. I want to go out where the big ships float, out on the deep where the great ones are. And should my frail craft prove too slight for waves that sweep those billows o’er, I’d rather go down in the stirring fight than drowse to death at the sheltered shore.”

We’ve got to go out, my friends, where the big boats are. (Applause)

And then for our children. Young America, hold your head high now. We can win. We must not lose to the drugs, and violence, premature pregnancy, suicide, cynicism, pessimism and despair. We can win. Wherever you are tonight, now I challenge you to hope and to dream. Don’t submerge your dreams. Exercise above all else, even on drugs, dream of the day you are drug free. Even in the gutter, dream of the day that you will be up on your feet again.

You must never stop dreaming. Face reality, yes, but don’t stop with the way things are. Dream of things as they ought to be. Dream. Face pain, but love, hope, faith and dreams will help you rise above the pain. Use hope and imagination as weapons of survival and progress, but you keep on dreaming, young America. Dream of peace. Peace is rational and reasonable. War is irrational in this age, and unwinnable.

Dream of teachers who teach for life and not for a living. Dream of doctors who are concerned more about public health than private wealth. Dream of lawyers more concerned about justice than a judgeship. Dream of preachers who are concerned more about prophecy than profiteering. Dream on the high road with sound values.

And then America, as we go forth to September, October, November and then beyond, America must never surrender to a high moral challenge.

Do not surrender to drugs. The best drug policy is a “no first use.” Don’t surrender with needles and cynicism. (Applause) Let’s have “no first use” on the one hand, or clinics on the other. Never surrender, young America. Go forward.

America must never surrender to malnutrition. We can feed the hungry and clothe the naked. We must never surrender. We must go forward.

We must never surrender to inequality. Women cannot compromise ERA or comparable worth. Women are making 60 cents on the dollar to what a man makes. Women cannot buy meat cheaper. Women cannot buy bread cheaper. Women cannot buy milk cheaper. Women deserve to get paid for the work that you do. (Applause) It’s right and it’s fair. (Applause)

Don’t surrender, my friends. Those who have AIDS tonight, you deserve our compassion. Even with AIDS you must not surrender.

In your wheelchairs. I see you sitting here tonight in those wheelchairs. I’ve stayed with you. I’ve reached out to you across our Nation. Don’t you give up. I know it’s tough sometimes. People look down on you. It took you a little more effort to get here tonight. And no one should look down on you, but sometimes mean people do. The only justification we have for looking down on someone is that we’re going to stop and pick them up.

But even in your wheelchairs, don’t you give up. We cannot forget 50 years ago when our backs were against the wall, Roosevelt was in a wheelchair. I would rather have Roosevelt in a wheelchair than Reagan and Bush on a horse. (Applause) Don’t you surrender and don’t you give up. Don’t surrender and don’t give up!

Why I cannot challenge you this way? “Jesse Jackson, you don’t understand my situation. You be on television. You don’t understand. I see you with the big people. You don’t understand my situation.”

I understand. You see me on TV, but you don’t know the me that makes me, me. They wonder, “Why does Jesse run?” because they see me running for the White House. They don’t see the house I’m running from. (Applause)

I have a story. I wasn’t always on television. Writers were not always outside my door. When I was born late one afternoon, October 8th, in Greenville, South Carolina, no writers asked my mother her name. Nobody chose to write down our address. My mama was not supposed to make it, and I was not supposed to make it. You see, I was born of a teen-age mother, who was born of a teen-age mother.

I understand. I know abandonment, and people being mean to you, and saying you’re nothing and nobody and can never be anything.

I understand. Jesse Jackson is my third name. I’m adopted. When I had no name, my grandmother gave me her name. My name was Jesse Burns until I was 12. So I wouldn’t have a blank space, she gave me a name to hold me over. I understand when nobody knows your name. I understand when you have no name.

I understand. I wasn’t born in the hospital. Mama didn’t have insurance. I was born in the bed at [the] house. I really do understand. Born in a three-room house, bathroom in the backyard, slop jar by the bed, no hot and cold running water.

I understand. Wallpaper used for decoration? No. For a windbreaker. I understand. I’m a working person’s person. That’s why I understand you whether you’re Black or White.

I understand work. I was not born with a silver spoon in my mouth. I had a shovel programmed for my hand.

My mother, a working woman. So many of the days she went to work early, with runs in her stockings. She knew better, but she wore runs in her stockings so that my brother and I could have matching socks and not be laughed at at school. I understand.

At 3 o’clock on Thanksgiving Day, we couldn’t eat turkey because momma was preparing somebody else’s turkey at 3 o’clock. We had to play football to entertain ourselves. And then around 6 o’clock she would get off the Alta Vista bus and we would bring up the leftovers and eat our turkey– leftovers, the carcass, the cranberries– around 8 o’clock at night. I really do understand.

Every one of these funny labels they put on you, those of you who are watching this broadcast tonight in the projects, on the corners, I understand. Call you outcast, low down, you can’t make it, you’re nothing, you’re from nobody, subclass, underclass; when you see Jesse Jackson, when my name goes in nomination, your name goes in nomination. (Applause)

I was born in the slum, but the slum was not born in me. (Applause) And it wasn’t born in you, and you can make it. (Applause)

Wherever you are tonight, you can make it. Hold your head high, stick your chest out. You can make it. It gets dark sometimes, but the morning comes. Don’t you surrender. Suffering breeds character, character breeds faith. In the end faith will not disappoint.

You must not surrender. You may or may not get there but just know that you’re qualified. And you hold on, and hold out. We must never surrender. America will get better and better.

Keep hope alive. (Applause) Keep hope alive. (Applause) Keep hope alive. On tomorrow night and beyond, keep hope alive! (Applause)

I love you very much. (Applause) I love you very much. (Standing ovation and spontaneous demonstration)

Jesse Jackson died.

I was not a friend of the Reverend Jesse Jackson. I had a brief, one-day experience with him. It was an important day for me.

Several years ago, I received an invitation to speak at Jesse Jackson’s church.

At first, I was ambivalent because I had a negative feeling about him. I remembered that he had long ago referred to New York City as “hymietown.” That was blatantly anti-Semitic, and it made me think of him as bigoted against Jews.

But I was interested in meeting him so I accepted the invitation.

When I arrived at his church in Chicago, the congregants were engaged in prayer.

An assistant brought me to meet Rev. Jackson, and he greeted me enthusiastically and warmly.

About 30 minutes later, he invited me to the pulpit to speak. I spoke for about 30 minutes and talked about the threat to privatize public schools and the importance of public schools. His congregation listened intently and applauded the message.

Then Rev. Jackson took me under his wing. He walked me around, introduced me to people, walked me to the meal in the churchyard, filled my plate, and sat to talk with me.

I felt enveloped in his warmth and kindness.

That night, he took me to dinner at a celebrated Chicago steakhouse along with some of his associates and one of his sons. In the hubbub of the restaurant, I strained to hear what he was saying. He spoke so low that I didn’t understand most of what he said. What pearls of wisdom was I missing, I wondered. I would never find out.

But by the time I left, I felt a genuine love for this man.

He was kind, thoughtful, generous, and warm. The people around him basked in his warmth. Briefly, so did I.

Dr. King’s “Letter from a Birmingham Jail” was written in April 1963. Dr. King wrote in response to a public statement by Birmingham religious leaders who called on Dr. King to be patient and not to engage in demonstrations that would provoke resistance.

This context in which he wrote the letter appears on the website of The Martin Luther King, Jr. Research and Education Institute at Stanford University.

In April 1963 King and the Southern Christian Leadership Conference (SCLC) joined with Birmingham, Alabama’s existing local movement, the Alabama Christian Movement for Human Rights (ACMHR), in a massive direct action campaign to attack the city’s segregation system by putting pressure on Birmingham’s merchants during the Easter season, the second biggest shopping season of the year. As ACMHR founder Fred Shuttlesworth stated in the group’s “Birmingham Manifesto,” the campaign was “a moral witness to give our community a chance to survive” (ACMHR, 3 April 1963). 

The campaign was originally scheduled to begin in early March 1963, but was postponed until 2 April when the relatively moderate Albert Boutwell defeated Birmingham’s segregationist commissioner of public safety, Eugene “Bull” Connor, in a run-off mayoral election. On 3 April the desegregation campaign was launched with a series of mass meetings, direct actions, lunch counter sit-ins, marches on City Hall, and a boycott of downtown merchants. King spoke to black citizens about the philosophy of nonviolence and its methods, and extended appeals for volunteers at the end of the mass meetings. With the number of volunteers increasing daily, actions soon expanded to kneel-ins at churches, sit-ins at the library, and a march on the county building to register voters. Hundreds were arrested. 

On 10 April the city government obtained a state circuit court injunction against the protests. After heavy debate, campaign leaders decided to disobey the court order. King declared: “We cannot in all good conscience obey such an injunction which is an unjust, undemocratic and unconstitutional misuse of the legal process” (ACMHR, 11 April 1963). Plans to continue to submit to arrest were threatened, however, because the money available for cash bonds was depleted, so leaders could no longer guarantee that arrested protesters would be released. King contemplated whether he and Ralph Abernathy should be arrested. Given the lack of bail funds, King’s services as a fundraiser were desperately needed, but King also worried that his failure to submit to arrests might undermine his credibility. King concluded that he must risk going to jail in Birmingham. He told his colleagues: “I don’t know what will happen; I don’t know where the money will come from. But I have to make a faith act” (King, 73). 

On Good Friday, 12 April, King was arrested in Birmingham after violating the anti-protest injunction and was kept in solitary confinement. During this time King penned the Letter from Birmingham Jail” on the margins of the Birmingham News, in reaction to a statement published in that newspaper by eight Birmingham clergymen condemning the protests. King’s request to call his wife, Coretta Scott King, who was at home in Atlanta recovering from the birth of their fourth child, was denied. After she communicated her concern to the Kennedy administration, Birmingham officials permitted King to call home. Bail money was made available, and he was released on 20 April 1963. 

In order to sustain the campaign, SCLC organizer James Bevel proposed using young children in demonstrations. Bevel’s rationale for the Children’s Crusade was that young people represented an untapped source of freedom fighters without the prohibitive responsibilities of older activists. On 2 May more than 1,000 African American students attempted to march into downtown Birmingham, and hundreds were arrested. When hundreds more gathered the following day, Commissioner Connor directed local police and fire departments to use force to halt the demonstrations. During the next few days images of children being blasted by high-pressure fire hoses, clubbed by police officers, and attacked by police dogs appeared on television and in newspapers, triggering international outrage. While leading a group of child marchers, Shuttlesworth himself was hit with the full force of a fire hose and had to be hospitalized. King offered encouragement to parents of the young protesters: “Don’t worry about your children, they’re going to be alright. Don’t hold them back if they want to go to jail. For they are doing a job for not only themselves, but for all of America and for all mankind” (King, 6 May 1963). 

In the meantime, the white business structure was weakening under adverse publicity and the unexpected decline in business due to the boycott, but many business owners and city officials were reluctant to negotiate with the protesters. With national pressure on the White House also mounting, Attorney General Robert Kennedy sent Burke Marshall, his chief civil rights assistant, to facilitate negotiations between prominent black citizens and representatives of Birmingham’s Senior Citizen’s Council, the city’s business leadership. 

The Senior Citizen’s Council sought a moratorium on street protests as an act of good faith before any final settlement was declared, and Marshall encouraged campaign leaders to halt demonstrations, accept an interim compromise that would provide partial success, and negotiate the rest of their demands afterward. Some black negotiators were open to the idea, and although the hospitalized Shuttlesworth was not present at the negotiations, on 8 May King told the negotiators he would accept the compromise and call the demonstrations to a halt. 

When Shuttlesworth learned that King intended to announce a moratorium he was furious—about both the decision to ease pressure off white business owners and the fact that he, as the acknowledged leader of the local movement, had not been consulted. Feeling betrayed, Shuttlesworth reminded King that he could not legitimately speak for the black population of Birmingham on his own: “Go ahead and call it off … When I see it on TV, that you have called it off, I will get up out of this, my sickbed, with what little ounce of strength I have, and lead them back into the street. And your name’ll be Mud” (Hampton and Fayer, 136). King made the announcement anyway, but indicated that demonstrations might be resumed if negotiations did not resolve the situation shortly. 

By 10 May negotiators had reached an agreement, and despite his falling out with King, Shuttlesworth joined him and Abernathy to read the prepared statement that detailed the compromise: the removal of “Whites Only” and “Blacks Only” signs in restrooms and on drinking fountains, a plan to desegregate lunch counters, an ongoing “program of upgrading Negro employment,” the formation of a biracial committee to monitor the progress of the agreement, and the release of jailed protesters on bond (“The Birmingham Truce Agreement,” 10 May 1963). 

Birmingham segregationists responded to the agreement with a series of violent attacks. That night an explosive went off near the Gaston Motel room where King and SCLC leaders had previously stayed, and the next day the home of King’s brother Alfred Daniel King was bombed. President John F. Kennedy responded by ordering 3,000 federal troops into position near Birmingham and making preparations to federalize the Alabama National Guard. Four months later, on 15 September, Ku Klux Klan members bombed Birmingham’s Sixteenth Street Baptist Church, killing four young girls. King delivered the eulogy at the 18 September joint funeral of three of the victims, preaching that the girls were “the martyred heroines of a holy crusade for freedom and human dignity” (King, “Eulogy for the Martyred Children,” 18 September 1963). 

Footnotes

“The Birmingham Truce Agreement,” 10 May 1963, in Eyes on the Prize, ed. Carson et al., 1991. 

Douglas Brinkley, “The Man Who Kept King’s Secrets,” Vanity Fair (April 2006): 156–171.

Eskew, But for Birmingham, 1997. 

Hampton and Fayer, with Flynn, Voices of Freedom, 1990. 

King, Address delivered at mass meeting, 6 May 1963, FRC-DSI-FC

King, Eulogy for the Martyred Children, 18 September 1963, in A Call to Conscience, ed. Carson and Shepard, 2001.

King, Shuttlesworth, and Abernathy, Statement, “For engaging in peaceful desegregation demonstrations,” 11 April 1963, BWOF-AB.

King, Why We Can’t Wait, 1964.

Shuttlesworth and N. H. Smith, “Birmingham Manifesto,” 3 April 1963, MLKJP-GAMK. Back to Top

Stanford

The Martin Luther King, Jr. Research and Education Institute

Norman Batley hosts a podcast called “Life Elsewhere with Norman B.” He is based in Tampa, Florida. The program is widely distributed through WMNF and NPR. He asks great questions, and I was thrilled to be invited to be on his show.

I hope you will listen.

This short video was made by Liz Oyer, who used to be the attorney in charge of Presidential pardons at the Justice Department.

Please watch.

The Trump administration is determined to prove that Renee Good was a domestic terrorist who was trying to kill an ICE officer by running him down with her car. He had to kill her to save his own life. The many videos that have been released demonstrate that these assertions were lies. Renee Good was attempting to flee the scene and did not strike or injure ICE agent Jonathan Ross, who fired three shots point blank at her and killed her.

The New York Times reported that key federal prosecutors in Minnesota quit rather than defend the administration’s lies. The government wanted them to investigate the victim’s widow for links to terrorism.

Three Minnesota federal prosecutors resigned over the Justice Department’s push to investigate the widow of a woman killed by an ICE agent and its reluctance to investigate the shooter, according to people with knowledge of their decision.

Joseph H. Thompson, who was second in command at the U.S. attorney’s office and oversaw a sprawling fraud investigation that has roiled Minnesota’s political landscape, was among those who quit Tuesday, according to three people with knowledge of the decision.

Mr. Thompson’s resignation came after senior Justice Department officials pressed for a criminal investigation into the actions of the widow of Renee Nicole Good, the Minneapolis woman killed by an ICE agent last Wednesday.

Mr. Thompson, 47, a career prosecutor, objected to that approach as well as to the Justice Department’s refusal to include state officials in investigating whether the shooting itself was lawful, the people familiar with his decision said.

Two other senior career prosecutors, Harry Jacobs and Melinda Williams, also resigned on Tuesday. Mr. Jacobs had been Mr. Thompson’s deputy overseeing the fraud investigation, which began in 2022. Mr. Thompson, Mr. Jacobs and Ms. Williams declined to discuss the reasons they resigned

The Guardian reported that several attorneys in the Justice Department’s Civil Rights Division resigned in protest when they learned that the Government would investigate the victim but not the killer.

The Guardian reported.

Several attorneys in the US justice department’s civil rights division have reportedly resigned in protest at a decision not to investigate the fatal shooting of an unarmed US citizen by a federal immigration agent in Minneapolis – while the FBI presses ahead with an inquiry into the victim.

At least four leaders of the division’s criminal investigations section have stepped down, according to MS NOW, citing three people it said were briefed about the departures.

It follows a decision by Harmeet Dhillon, the Donald Trump administration-aligned assistant attorney general for civil rights, not to investigate the 7 January killing of Renee Nicole Good by Jonathan Ross, an Immigration and Customs Enforcement (ICE) agent, as would be usual in the case of a shooting by law enforcement.

Separately, the FBI – which seized total control of the investigation after freezing out local officials – is looking into Good’s “possible connections to activist groups”, according to the New York Times. A succession of Trump administration officials, including the president himself, have portrayed Good, without presenting evidence, as a “domestic terrorist” or “paid agitator” – while video of her confrontation with Ross appears to show her trying to steer her vehicle away from him when she was shot three times in the face…

The resignations are the latest in a flow of departures from the civil rights division since Donald Trump began his second term a year earlier. In May, the Guardian reported that more than 250 attorneys had left, been reassigned or accepted a deferred resignation offer since January, a roughly 70% reduction.

Dhillon, a former Republican official in California, and an election denier who promoted the “big lie” that Trump’s 2020 election defeat was fraudulent, was confirmed by the Senate in April. She worked quickly to realign the division’s priorities away from its longstanding work tackling discrimination and protecting the rights of marginalized groups and towards Trump’s political goals, including exposing voter fraud, which is rare, and focusing on anti-transgender issues.

“I don’t think it’s an overstatement to see this as the end of the division as we’ve known it,” a civil rights division attorney told the Guardian at the time.

Subsequently, in September, the online news outlet Notus reported that only two lawyers remained out of 36 at the justice department’s public integrity unit assigned to investigations of corrupt politicians and law enforcement.

What you need to know about Harmeet Dhillon, the lawyer appointed by Trump to lead the Civil Rights Division, is that she spent years litigating against civil rights law. Thus, she is just what you would expect: a prosecutor ready and willing to investigate the murder victim, but not the murderer.

In an interview with The New York Times, President Trump explained his hostility towards the civil rights laws meant to end discrimination against racial minorities and women and to expand opportunities for them in the workplace and in education.

He believes that civil rights protections have hurt white men. That is the rationale for his aggressive campaign to purge policies of DEI (diversity, equity, and inclusion) from all institutions receiving federal funding.

Trump is indifferent to the long history of slavery, racism, Jim Crow laws, bigotry, and segregation that harmed minorities, especially African Americans. He is equally indifferent to the long history of sexism and misogny that restricted the careers of women.

Erica Green reports:

President Trump said in an interview that he believed civil rights-era protections resulted in white people being “very badly treated,” his strongest indication that the concept of “reverse discrimination” is driving his aggressive crusade against diversity policies.

Speaking to The New York Times on Wednesday, Mr. Trump echoed grievances amplified by Vice President JD Vance and other top officials who in recent weeks have urged white men to file federal complaints with the Equal Employment Opportunity Commission.

When asked whether protections that began in the 1960s, spurred by the passage of the Civil Rights Act, had resulted in discrimination against white men, Mr. Trump said he believed “a lot of people were very badly treated.” 

“White people were very badly treated, where they did extremely well and they were not invited to go into a university to college,” he said, an apparent reference to affirmative action in college admissions. “So I would say in that way, I think it was unfair in certain cases.”

He added: “I think it was also, at the same time, it accomplished some very wonderful things, but it also hurt a lot of people — people that deserve to go to a college or deserve to get a job were unable to get a job. So it was, it was a reverse discrimination.”

Trump’s approach is calibrated to appeal to white men who blame their grievances on laws that protect racial minorities and women.

Carrying out Mr. Trump’s agenda is the Equal Employment Opportunity Commission, which was formed in 1965 under the Civil Rights Act. The commission’s chair, Andrea Lucas, issued a striking video message last month underlining the agency’s new posture.

“Are you a white male who has experienced discrimination at work based on your race or sex?” Ms. Lucas said in the video posted on X. “You may have a claim to recover money under federal civil rights laws. Contact the E.E.O.C. as soon as possible. Time limits are typically strict for filing a claim.”

“The E.E.O.C. is committed to identifying, attacking, and eliminating ALL forms of race and sex discrimination — including against white male applicants and employees,” she said.

In the video, Ms. Lucas pointed white men to the commission’s F.A.Q. on “D.E.I.-related discrimination,” which notes that D.E.I. “a broad term that is not defined” in the Civil Rights Act.

The Equal Employment Opportunity Commission is the nation’s primary litigator of workplace discrimination, and for decades has been a resource for minorities, women and other groups who have historically faced discrimination. But Ms. Lucas has endeavored to make it one of Mr. Trump’s most powerful tools against D.E.I., with a particular focus on remedying perceived harms against white men.

Trump has combatted DEI in universities by threatening to cut off the funding of institutions that implement affirmative action for students and faculty and that have programs to encourage minorities.

ProPublica published this article by Megan O’Matz and Jennifer Smith Richards in October, but I somehow missed it. It’s still relevant because it nails the personnel that Trump and wrestling entrepreneur Linda MacMahon installed at the U.S. Department of Education. The common thread among them: they want to privatize public schools, and they want to emphasize the Christian mission of schools.

It starts:

The department is not behaving like an agency that is simply winding down. Even as McMahon has shrunk the Department of Education, she’s operated in what she calls “a parallel universe” to radically shift how children will learn for years to come. The department’s actions and policies reflect a disdain for public schools and a desire to dismantle that system in favor of a range of other options — private, Christian and virtual schools or homeschooling.

Over just eight months, department officials have opened a $500 million tap for charter schools, a huge outlay for an option that often draws children from traditional public schools. They have repeatedly urged states to spend federal money for poor and at-risk students at private schools and businesses. And they have threatened penalties for public schools that offer programs to address historic inequities for Black or Hispanic students….

To carry out her vision, McMahon has brought on at least 20 political appointees from ultraconservative think tanks and advocacy groups eager to de-emphasize public schools, which have educated students for roughly 200 years.

Among them is top adviser Lindsey Burke, a longtime policy director at The Heritage Foundation and the lead author of the education section in Project 2025’s controversial agenda for the Trump administration.

In analyzing dozens of hours of audio and video footage of public and private speaking events for McMahon’s appointees, as well as their writings, ProPublica found that a recurring theme is the desire to enable more families to leave public schools. This includes expanding programs that provide payment — in the form of debit cards, which Burke has likened to an “Amazon gift card” — to parents to cobble together customized educational plans for their children. Instead of relying on public schools, parents would use their allotted tax dollars on a range of costs: private school tuition, online learning, tutors, transportation and music lessons.

Although more than 80% of American students attend public schools, Burke predicted that within five years, a majority would be enrolled in private choice options. The impact of their policies, she believes, will lead to the closure of many public schools.

Accountability, once a watchword for conservatives, won’t be needed in the future that McMahon and Burke are building.

As tax dollars are reallocated from public school districts and families abandon those schools to learn at home or in private settings, the new department officials see little need for oversight. Instead, they would let the marketplace determine what’s working using tools such as Yelp-like reviews from parents. Burke has said she is against “any sort of regulation….

Advocates for public schools consider them fundamental to American democracy. Providing public schools is a requirement in every state constitution.

Families in small and rural communities tend to rely more heavily on public education. They are less likely than families in cities to have private and charter schools nearby. And unlike private schools, public school districts don’t charge tuition. Public schools enroll local students regardless of academic or physical ability, race, gender or family income; private schools can selectively admit students.

Karma Quick-Panwala, a leader at the Disability Rights Education and Defense Fund, which advocates for disabled students, said she wants to be optimistic. “But,” she added, “I’m very fearful that we are headed towards a less inclusive, less diverse and more segregated public school setting.”

McMahon has welcomedeaders of extremist rightwing groups into the Department, like Moms for Liberty and Parents Defending Education.

Little attention was paid to the conservative education activists in the front row [at McMahon’s confirmation hearings] from Moms for Liberty, which has protested school curricula and orchestrated book bans nationwide; Defending Education (formerly Parents Defending Education), which has sued districts to fight what it calls liberal indoctrination; and the America First Policy Institute, co-founded by McMahon after the first Trump administration.

Now two people who once served at Defending Education have been named to posts in the Education Department, and leaders from Moms for Liberty have joined McMahon for roundtables and other official events. In addition, at least nine people from the America First Policy Institute have been hired in the department.

AFPI’s sweeping education priorities include advocating for school vouchers and embedding biblical principles in schools. It released a policy paper in 2023, titled “Biblical Foundations,” that sets out the organization’s objective to end the separation of church and state and “plant Jesus in every space.”

The paper rejects the idea that society has a collective responsibility to educate all children equally and argues that “the Bible makes it clear that it is parents alone who shoulder the responsibility for their children.” It frames public schooling as failing, with low test scores and “far-left social experiments, such as gender fluidity…”

AFPI and the other two nonprofit groups sprang up only after the 2020 election. Together they drew in tens of millions of dollars through a well-coordinated right-wing network that had spent decades advocating for school choice and injecting Christianity into schools.

Ultrawealthy supporters include right-wing billionaire Richard Uihlein, who, through a super PAC, gave $336,000 to Moms for Liberty’s super PAC from October 2023 through July 2024.

Defending Education and AFPI received backing from some of the same prominent conservative foundations and trusts, including ones linked to libertarian-minded billionaire Charles Koch and to conservative legal activist Leonard Leo, an architect of the effort to strip liberal influence from the courts, politics and schools.

Maurice T. Cunningham, a now-retired associate professor of political science at the University of Massachusetts, studied the origins and connections of parents’ rights groups, finding in 2023 that the funders — a small set of billionaires and Christian nationalists — had similar goals.

The groups want “to undermine teachers unions, protect their wealthy donors from having to contribute their fair share in taxes to strengthen public schools, and provide profit opportunities through school privatization,” he concluded. The groups say they are merely trying to advocate for parents and for school choice. They didn’t discuss their relationship with donors when contacted by ProPublica.

These groups and their supporters now have access to the top levers of government, either through official roles in the agency or through the administration’s adoption of their views.

Tiffany Justice, one of the co-founders of Moms for Liberty, is optimistic about the plans of MacMahon:

Asked what percentage of children she imagines should be in public schools going forward, Justice, who is now with The Heritage Foundation’s political advocacy arm, told ProPublica: “I hope zero. I hope to get to zero….”

McMahon’s tenure also has been marked by an embrace of religion in schools. She signaled that priority when she appointed Meg Kilgannon to a top post in her office.

Kilgannon had worked in the department as director of a faith initiative during the first Trump term and once was part of the Family Research Council, an evangelical think tank that opposes abortion and LGBTQ+ rights.

She has encouraged conservative Christians to become involved in what she’s described as “a spiritual war” over children and what they’re being taught in public schools.

Open the link to read the article in full.

This is an important development. Our nation needs at least two sensible political parties. A two-party system with vigorous third parties is healthy for our democracy.

When one of our two major parties is captured by an extremists cult, it’s a very bad sign. When that cult revels in cutting ties with our historic allies, in brutalizing immigrants and even citizens who look like immigrants (brown skin color), in sending troops to American cities, in killing people on boats that might or might not be transporting drugs instead interdicting them, in abandoning civil rights laws, and in treating the president as a king to be obeyed and worshipped, that cult is not a normal participant in American politics because it is not bound by the Constitution.

Thus, in my opinion, it is very good news that sane conservatives are abandoning the Heritage Foundation–whose leader was the architect of Project 2025–and joining forces with Mike Pence.

Pence is a conservative through and through, and I disagree with him on most issues. But in 2020, he refused Trump’s direct order to join the insurrection by refusing to certify Biden’s election. Pence certified Biden’s election and was reviled by MAGA for following the Constitution, not Trump. They chanted “Hang Mike Pence” on January 6, 2021, and even built a scaffold outside the U.S. Capitol. Trump shrugged with indifference, and the mob searched for Pence.

Politico wrote about the splintering at the Heritage Foundation.

More than a dozen staffers at The Heritage Foundation are leaving the conservative think tank to join a nonprofit led by former Vice President Mike Pence as the embattled organization continues to reel from ongoing turmoil.

Advancing American Freedom — founded by Pence in 2021 “to defend liberty and advance policies that build a stronger America” — announced Monday that three senior officials who led the legal, economic and data teams at Heritage would be joining the group next year, along with several members of their teams.

This is good news for the conservative Republican Party and good news for our democracy. Genuine conservatives can’t abide the extremism of MAGA.

I’ll be watching to see what Liz Cheney and Adam Kinzinger do in the future.

Jan Resseger is a determined and purposeful writer.

On Tuesday, Part 1 of this post explored the Trump Administration’s seizure of the Congressional “power of the purse” as part of a strategy to accomplish the President’s goal of shutting down the U.S. Department of Education by firing hundreds of the Department’s staff who administer and oversee enormous grant programs like Title I and special education programs funded by the 1975 Individuals with Disabilities Education Act, along with many other essential programs that protect students’ rights and fulfill the Department’s mission of ensuring that children across all the states can equitably have a quality public school education. Part 1 also examined how the U.S. Supreme Court has shunted many of the legal challenges filed against Trump administration onto a “shadow docket” of temporary decisions with a long wait for a hearing on their merits and a final ruling by the Supreme Court on their legality.

Today, Part 2 will examine three primary examples of what appear to be the Trump administration’s shameless violation of the core Constitutional principles we have long valued for protecting the rights of children and their teachers in our nation’s system of K-12 public schools.

The First Amendment Protection of Freedom of Speech — Beginning in February and continuing through the year, the Trump administration has been pressuring colleges and universities and K-12 public schools to adopt its own interpretation of the Civil Rights Act of 1964 and the administration’s idiosyncratic interpretation of a 2023 Supreme Court decision in Students for Fair Admissions v. Harvard. While most experts believe that Students for Fair Admissions was a narrowly tailored decision to eliminate affirmative in college admissions, the Trump administration has alleged it also bans all “diversity, equity, and inclusion” programming and policy in K-12 public schools and in higher education.

In August, the NY Times Dana Goldstein ideology the Trump administration has been trying to impose on educational institutions and teachers: “While there is no single definition of D.E.I., the Trump administration has indicated that it considers many common K-12 racial equity efforts to fall under the category and to be illegal. Those include directing tutoring toward struggling students of specific races, such as Black boys; teaching lessons on concepts such as white privilege; and trying to recruit a more racially diverse set of teachers. The administration has also warned colleges that they may not establish scholarship programs or prizes that are intended for students of specific races, or require students to participate in ‘racially charged’ orientation programs… The administration has also argued that because the Supreme Court overturned affirmative action in college admissions in 2023, all racially conscious education programs are illegal.”

Can the Trump administration impose its ideology on educational institutions and get teachers punished or fired if they cover unpleasant parts of our nation’s history? Many experts call this a violation of the First Amendment’s protection of free speech. To define how the First Amendment protects the freedom of speech in educational institutions, Yale Law School professor Justin Driver quotes the words of Supreme Court Justice Robert Jackson in the 1943 Supreme Court decision in West Virginia State Board of Education v. Barnette: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or any other matters of opinion or force citizens to confess by word or act their faith therein.” (Justin Driver, The Schoolhouse Gate, pp. 65-66)

The Vagueness Doctrine — In addition to the violation of the right to freedom of speech, there is another serious legal problem in the Trump administration’s efforts to scrub “diversity, equity, and inclusion” from K-12 public schools and from the policies of the nation’s universities.  Writing for the NY TimesMatthew Purdy explored how the Trump administration’s vague rules, mandates and executive orders are designed to frighten people into complying:

“Federal District Court judges across the country and across the political spectrum…  (have faulted) the administration for using broadly cast executive orders and policies to justify ‘arbitrary and capricious’ actions. Many of these judges have explicitly invoked something called the vagueness doctrine, a concept that for centuries has been foundational to American law. The notion is simple: Unless laws are clearly stated, citizens cannot know precisely what is and is not permitted, handing authorities the power to arbitrarily decide who is in violation of a law or rule. Vagueness has long been seen as a clear divide between democracies run by laws and autocracies run by strongmen….”

The Cornell Law School Legal Information Institute explains how the vagueness doctrine protects due process of law: “Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution. The Supreme Court stated in Winters v New York, that U.S. citizens should not have to speculate the meaning of a law due to its vagueness, the law should be clear on its face.”

Purdy adds that many of Trump’s educational executive orders and the rules being imposed by Linda McMahon’s Department of Education ought to be declared void for vagueness. Without being sure  precisely what steps are required, universities have settled with the administration by making financial deals to protect their research funding; public school administrators have changed bathroom policies for trans students; and teachers have felt afraid to teach honestly about our nation’s history.  Purdy describes “Valerie Wolfson, the 2024 New Hampshire history teacher of the year… whose post-Civil War curriculum includes Reconstruction, the rise of the K.K.K. and the Jim Crow era. ‘I do not know how I could discuss them without creating a risk of being accused of presenting a narrative of the United States as racist,’ she says… None of Donald Trump’s edicts have deployed vagueness as effectively as his attack on D.E.I. …   The line between what is and isn’t allowed may be vague, but the penalty for crossing it is certain. The version cooked up by the Department of Education’s Office for Civil Rights is a textbook case…  The message—and the threat—from the Department of Education was received loud and clear across the country.” (This blog covered Purdy’s article in more detail.)

Birthright Citizenship — One of President Trump’s executive orders stands out in its utter contradiction of the language of the Fourteenth Amendment. In an executive order last January, the President ended birthright citizenship. Birthright citizenship does not, thank goodness, deny any child’s right to public education because a 1982 Supreme Court decision in Plyler v. Doe does protect the right for every child residing in the United States to a free public education.  However without the protection of birthright citizenship, children in this country are denied the protection of virtually all other rights.

In February a Federal District Court judge temporarily stayed Trump’s executive order banning birthright citizenship; the case was appealed; and later on June 27, the U.S. Supreme Court released a final decision. However the Supreme Court Justices twisted the meaning of the case without addressing the core issue of birthright citizenship itself. Instead the justices turned the decision into a ruling on procedure—declaring that local Federal District Courts cannot block the imposition of federal policy nationwide.

For Scotus Blog, Amy Howe explains how today’s Supreme Court abrogated its responsibility by ignoring the core issue in the birthright citizenship case: “(O)n July 23, a divided panel of the U.S. Court of Appeals for the 9th Circuit (had) ruled that the executive order ‘is invalid because it contradicts the plain language of the Fourteenth Amendment’s grant of citizenship to ‘all persons born in the United States and subject to the jurisdiction thereof ‘.”

Responding to the decision of the appeals court, U.S. Solicitor General D. John Sauer failed to ask the justices to fast-track its petition, urging the Supreme Court to review the ruling. Howe adds: “Although Sauer had the option to ask the court to fast-track its petition, he chose not to.  Accordingly, if the justices decide to take the case… it will likely schedule oral arguments for sometime in 2026 and reach a decision at the end of the… term—most likely in late June or early July.”

All three of these serious Constitutional principles remain at issue today in Trump’s attempt to deny the rights of educators and undermine the protection of students’ rights.

Disciplining ourselves to name and and understand what appear to be troubling legal violations by the Trump  administration is an important step toward building the political will for reform.