Mostrando postagens com marcador direitos civis. Mostrar todas as postagens
Mostrando postagens com marcador direitos civis. Mostrar todas as postagens

segunda-feira, 13 de janeiro de 2014

Sumula 377 STJ: visão monocular é razão para concorrer em vaga de deficiente

SÚMULAS Nova súmula: visão monocular é razão para concorrer em vaga de deficiente
A condição de deficiência da capacidade de visão em apenas um dos olhos já é reconhecida pela jurisprudência do Superior Tribunal de Justiça (STJ). Agora, a Terceira Seção foi além e transformou o entendimento em súmula, um enunciado que indica a posição do Tribunal para as demais instâncias da Justiça brasileira. A partir de reiteradas decisões, ficou consignado que “o portador de visão monocular tem direito de concorrer, em concurso público, às vagas reservadas aos deficientes”.

A Súmula 377 teve como relator o ministro Arnaldo Esteves Lima. As referências legais do novo enunciado foram a Constituição Federal (artigo 37, inciso VIII), a Lei n. n. 8.112/90 (artigo 5º, parágrafo 2º) e o Decreto n. 3.298/99 (artigos 3º, 4º, inciso III, e 37).

Diversos precedentes embasaram a formulação do enunciado da nova súmula. No mais recente deles, julgado em setembro de 2008, os ministros da Terceira Seção concederam mandado de segurança e garantiram a posse a um cidadão que, em 2007, concorreu ao cargo de agente de inspeção sanitária do Ministério da Agricultura, Pecuária e Abastecimento.

Devidamente aprovado, foi submetido à avaliação de saúde. Ocorre que o laudo concluiu que o candidato não estaria qualificado como portador de deficiência por não se enquadrar nas categorias especificadas no Decreto nº 3.298/99. Inconformado, o candidato ingressou com mandado de segurança no STJ.

O relator foi o ministro Felix Fischer. Ele observou que a visão monocular constitui motivo suficiente para reconhecer o direito líquido e certo do candidato à nomeação e posse no cargo público pretendido entre as vagas reservadas a portadores de deficiência física (MS 13.311).

Cegueira legal
Noutro caso analisado anteriormente pelo STJ, em outubro de 2006, um candidato ao cargo de técnico judiciário do Tribunal de Justiça do Distrito Federal e dos Territórios (TJDFT) protestava contra a negativa de inclusão do seu nome na lista dos deficientes. Ele é portador de ambliopia no olho esquerdo, sendo considerada cegueira legal neste olho (acuidade visual 20/400 com correção).

O recurso em mandado de segurança foi julgado pela Quinta Turma. O relator, ministro Arnaldo Esteves Lima, destacou que a deficiência de que o candidato é portador não foi contestada nos autos, restringindo-se a discussão apenas à hipótese de o portador de visão monocular possuir direito a concorrer às vagas destinadas aos portadores de deficiência física em concursos públicos (RMS 19.257).

De acordo com o ministro relator, o artigo 4º, inciso III, do Decreto 3.298/99, que define as hipóteses de deficiência visual, deve ser interpretado de modo a não excluir os portadores de visão monocular da disputa às vagas destinadas aos portadores de deficiência física. De acordo com o artigo 3º do mesmo decreto, incapacidade constitui-se numa “redução efetiva e acentuada da capacidade de integração social, com necessidade de equipamentos, adaptações, meios ou recursos especiais para que a pessoa portadora de deficiência possa receber ou transmitir informações necessárias ao seu bem-estar pessoal e ao desempenho de função ou atividade a ser exercida”.

Outros precedentes: RMS 19.291, RMS 22.489, Agravo Regimental (AgRg) no RMS 26.105 e AgRg no RMS 20.190.
A notícia refere-se aos seguintes processos:

domingo, 7 de julho de 2013

Poderosa demais

Leia a decihttp://s.conjur.com.br/dl/luana-piovani-dado-dolabella.pdfsão judicial

Poderosa demais

Por ser bela, rica e famosa, Luana Piovani não seria ‘oprimida e subjugada’ o bastante para ter direito à proteção da Lei Maria da Penha, entendeu juiz


Débora Diniz
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                     Luana Piovani é uma atriz. E, ainda, uma mãe bonita, jovem e famosa. O desembargador Sidney Rosa da Silva preferiu descrevê-la como uma personagem na sentença em que negou o pedido de proteção contra o ator Dado Dolabella. O papel foi traçado como quem escreve uma novela: nele, Piovani seria uma mulher “nunca oprimida e subjugada aos caprichos do homem”. Como mulher poderosa, parece que sua ação penal desafiou não só seu ex-companheiro, mas também o representante da Justiça, que considerou não ser aplicável a Lei Maria da Penha a mulheres como ela. Não é a primeira vez que a atriz se vê confrontada com essa negação do feminino ao apresentar-se como vítima na vida real. Em uma recente controvérsia em sua conta no Twitter, um dos fãs de Dolabella teria dito “homem de verdade não bate em mulher de verdade”. “Verdade” era uma ironia à alegação de Luana de que teria sido vítima de violência de gênero. Só mulheres de verdade poderiam ser protegidas pela Lei Maria da Penha, disseram os novos especialistas em direito penal. Se há uma verdade nessa controvérsia, é que a lei não impõe condicionalidades às mulheres: todas devem ser igualmente protegidas.
Piovani. Emancipada, é ela que pode denunciar a persistência da violência masculina - Carlos Zambrotti e Philippe Lima/AgNews
Carlos Zambrotti e Philippe Lima/AgNews
Piovani. Emancipada, é ela que pode denunciar a persistência da violência masculina
Não sei bem o que seria uma mulher de verdade, mas me esforçarei por interpretar os rastros deixados pela sentença. A discussão não é a anatomia de Luana, mas suas performances de gênero, como diriam algumas feministas. A ação penal de 2008 acusa Dolabella de tê-la agredido em uma boate; entre os dois haveria ainda Esmeralda de Souza, a camareira também agredida por ter se lançado para proteger Luana. Há imagens da cena, o que retira da discussão a pergunta sobre a verdade da violência. O que resta é saber como qualificar Luana: uma vítima sem gênero para o direito penal ou uma mulher de verdade para efeitos da Lei  





Maria da Penha? A decisão do desembargador, com uma verve de especialista em desigualdade de gênero, foi clara: “O campo de atuação da respectiva lei está traçado pelo binômio hipossuficiência e vulnerabilidade”. O sentido dicionarizado da palavra “binômio” deixa a classificação de mulher de verdade ainda mais curiosa: “Nome científico composto por dois nomes; um substantivo que designa o gênero e um adjetivo que designa a espécie”.
Sob o risco de me equivocar na ordem criativa do desembargador, imagino que o substantivo seja “hipossuficiência”, e o adjetivo, “vulnerável”. As mulheres como gênero humano teriam que ser pobres e dependentes dos homens. Luana provoca essa descrição do feminino, pois é rica e poderosa. Como espécie desse gênero, teria ainda que ser vulnerável. Vulnerável é daqueles adjetivos multiuso: descrevem tudo e todas, ao mesmo tempo que são escorregadios. No campo dos estudos de gênero, vulnerabilidade é a condição do feminino em sociedades com tramas diversas de patriarcado. Luana pode ser rica, mas seu corpo é vulnerável à dominação masculina. Não é à toa que sofreu agressões. Sua independência não foi capaz de blindar o seu corpo a quem crê poder discipliná-la pela violência. Parece-me ser esse o ponto esquecido pela equivocada sociologia de gênero da sentença: Luana subverteu o status de subalternidade do feminino, mas não emudeceu a ordem política que a reduz a um ser da espécie vulnerável.
Mas o conteúdo da decisão judicial prossegue na enviesada sociologia de gênero que fundamentaria a interpretação da Lei Maria da Penha. Seria preciso ainda que o ato violento tivesse ocorrido em âmbito doméstico e por alguém em relação de afetividade estável. A agressão se deu em uma boate, um espaço ambíguo para a moral que persegue as mulheres de verdade; além disso, Luana e Dolabella não viviam 
uma relação estável, mas de afetividade ocasional. Ora, a lei não exige nem casamento nem tampouco 
casa como condicionantes para sua aplicação. Essa perturbação interpretativa provocada pela figura de Luana não deve ser entendida como um curto-circuito isolado, mas como um indicador do perfil de quais seriam as mulheres enquadradas no qualificador de vítimas: somente aquelas pobres, dependentes e subjugadas à casa.
As mulheres são diferentes entre si. Muitas delas são representantes do gênero hipossuficiente, mas todas são da espécie vulnerável. Luana é rica, bonita e famosa, mas nem por isso conseguiu escapar da perversidade da violência de gênero. Ela foi agredida por um homem de suas relações de intimidade e afeto – duas variáveis esquecidas pelo desembargador, que anuncia que o uso universal da Lei Maria da Penha inviabilizaria os Juizados de Violência Doméstica e Familiar. Não sei como proteger Luana causaria tamanha catástrofe, pois é exatamente pelo rosto famoso e de mulher emancipada que é possível escandalizar a persistência da violência de homens contra mulheres. Ao contrário do que imagina o desembargador, precisamos de mulheres ricas e famosas que denunciem quanto a 
vulnerabilidade do feminino não depende apenas da classe social, mas da espécie que representamos.
*DEBORA DINIZ É ANTROPÓLOGA, PROFESSORA DA UNIVERSIDADE DE BRASÍLIA E PESQUISADORA DA ANIS – INSTITUTO DE BIOÉTICA, DIREITOS HUMANOS E GÊNERO

quarta-feira, 19 de junho de 2013

Role Of Jesse Jackson In Civil Rights Movement


Jesse Jackson is a famous Civil Rights leader, often considered to be one of the greatest. He believes that African Americans should get more political power. He fought for that power by being the second black American to run for President (the first was Congresswomen Shirley Chisholm in 1972 but wasn't a factor in the election). He was the first African-American to be a contender in a presidential election. Throughout the Civil Rights Movement he was always known as the man that TOOK action with what was given to him.
Jesse Jackson was born Jesse Louis Burns in 1941 in Greenville, South Carolina. He was born to the parents of Helen Burns and Noah Robinson. His mother remarried two years later to a man named Charles Jackson (Jesse later in life changed his name to Jesse Louis Jackson because of his stepfather). He graduated from Sterling High School and received a football scholarship to the University of Illinois. During his first year, he became dissatisfied with his treatment on the campus and on the field. He was told that as a black he could not expect to play quarterback. Less than a year later, Jesse decided to finish his college years in the south, thus transferring to North Carolina Agricultural and Technical College in Greensboro, North Carolina.
Jackson first became involved in the Civil Rights movement while a student at North Carolina A&T. There at NC A&T he joined the Greensboro chapter of the Council on Racial Equality (CORE), an organization that had led early sit-ins to protest segregated lunch counters. In early 1963 Jackson organized numerous marches, sit-ins, and mass arrests to press for the desegregation of local restaurants and theaters (Frady 23). His leadership in these events earned him recognition within the regional movement. He was chosen president of the North Carolina Intercollegiate Council on Human Rights, field director of CORE's southeastern operations, and in 1964 served as delegate to the Young Democrats National Convention. There he became active in sit-ins with other students at the college.
In June of 1963, he graduated from college just as massive civil rights demonstrations gripped Birmingham, Alabama, and other Southern cities. As a leader of the campus chapter of the Congress of Racial Equality, Jackson had declared his willingness to go to jail or to the chain gang if necessary. He led 278 civil rights demonstrators who were arrested in Greensboro (Frady 36).
By this time, Jesse was torn between a desire to prepare for the ministry and a determination to be at the Civil Rights Movement's front lines. He soon enrolled for study at Chicago Theological Seminary. In 1965 he enlisted in the voting rights campaign of the Southern Christian Leadership Conference (SCLC) in Selma, Alabama, where he first met Martin Luther King, Jr. Afterwards, Jackson returned to Chicago to play an important role in its civil rights campaign. From 1966 to 1971, he directed SCLC's Operation Breadbasket, which encouraged private industries to end employment discrimination and sought contracts for black businesses with the threat of an economic boycott (Frady 67). As an SCLC staff member (head of Chicago's Operation Breadbasket) Jackson was very young and ambitious. When the SCLC launched the Chicago Freedom movement of 1966, Jackson was there to put his knowledge of the city and contacts within the black community to work for King. He was inspired by that of Dr. Martin Luther King jr., often found to be by his side very frequently and taking in all the knowledge that Martin would give him. He was at the Lorraine Motel in Memphis when King was assassinated, but his claim to have cradled the fallen leader when he was shot and his wearing a shirt with King's blood on it for days after the assassination irritated many SCLC insiders as crass exploitation of the tragedy. He would later be removed from the SCLC in 1971 (Timmerman 123).
After the fall-out with the SCLC, Jesse went on to find his own organization, PUSH (People United to Save Humanity), which would continue to work for improving African-Americans' lives in a variety of fronts and combat against racism. Through PUSH Jackson continued to pursue the economic objectives of Operation Breadbasket and expand into areas of social and political development for blacks in Chicago and across the nation(Frady 139). The ‘70s saw direct action campaigns, weekly radio broadcasts, and awards through which Jackson protected black homeowners, workers, and businesses, and honored prominent blacks in the U.S. and abroad. He also promoted education through PUSH-Excel, a spin-off program that focused on keeping inner-city youths in school and providing them with job placement.
Jesse Jackson is still alive today, and since the civil rights movement he has had his hands in a share of things. He has run for president, founded the Wall Street Project, and has been a prominent figure in international diplomacy (Stanford 57). In 2000, along with his son, he published It's About the Money!: How You Can Get Out of Debt, Build Wealth, and Achieve Your Financial Dreams! The book is a hot-to guide for financial independence and security(Timmerman 323).
Although Jackson was viewed by some as the potential successor to Martin Luther King as the leader in the struggle for rights, he never quite gained the full support of all elements of the black community. However, Jesse Jackson has become the leading spokesman for Americans forgotten by the power brokers of the political process, especially blacks. He will be remembered from the Civil Rights Movement as a powerful voice that enforced action while others TALKED of it.

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segunda-feira, 17 de junho de 2013

Racial History of American Swimming Pools


May 06, 2008

Clear water, muddy issue: There's a lot to say about race and swimming.


A new study says 58 percent of African-American children can't swim. Offering perspective on America's strange relationship with water and chlorine is Jeff Wiltse, author of Contested Waters: A Social History of Swimming Pools in America.


RACHEL MARTIN, host:

So there was a study released last week that caught my eye. According to USA Swimming, over 58 percent of African-American children can't swim. That's almost double the rate of white children. And African-American children drown at nearly three times the overall rate. That got us here at the BPP asking questions about, well, race and swimming. And it turns out there's a lot to say about the topic.

Swimming pools offer their own history lesson, of sorts, about how the U.S. has or hasn't dealt with racial tensions over the years, and much of that history is chronicled in a book by Jeff Wiltse. He's the author of "Contested Waters," which is pretty much the entire canon of swimming pool history out there. And Jeff joins me on the line now. Hey, Jeff.

Dr. JEFF WILTSE (U.S. History, University of Montana; Author, "Contested Waters: A Social History of Swimming Pools in America"): Hello.

MARTIN: Hey, thanks for joining us.

Dr. WILTSE: Oh, it's my pleasure.

MARTIN: So, Jeff, you wrote that, in the late 19th century and early 20th, municipal pools, city pools, weren't built, just weren't built in African-American neighborhoods in the same way, or at the same rate that they were in other neighborhoods. Then things seemed to shift in the '20s and '30s. Pools were segregated, but separate-but-equal wasn't really equal. Right? Talk about how those pools varied. What were the differences?

Dr. WILTSE: OK, well, first let me address what you brought up initially, which is that, during the late 19th and early 20th century, cities throughout the northern United States built lots of pools in poor, immigrant, working-class-white neighborhoods, but conspicuously avoided building pools in neighborhoods inhabited predominately by black Americans.

And then in the 1920s and 1930s, there was a pool-building spree in the United States. And there were thousands, literally thousands and thousands of pools that were opened up in the 1920s and 1930s, and many of them were large, leisure-resort pools. They were - some of them - larger than football fields. They were surrounded by grassy lawns, and concrete sundecks, and they attracted literally millions and millions of swimmers.

And yet, it was at that point in time that cities began to racially segregate pools throughout the north, and it then extended, obviously, all throughout the United States. And black Americans were typically relegated, if a pool was provided at all, to a small indoor pool that wasn't nearly as appealing as the large, outdoor resort pools that were provided for whites.

And so, take the city of St. Louis. In St. Louis, black Americans represented 15 percent of the population in the mid-1930s. But they only took one-and-a-half percent of the number of swims because they were only allocated one small indoor pool, whereas white residents of St. Louis had access to nine pools. Two of them were the large resort pools that I've been describing.

MARTIN: Hm. And you have written about some specific instances where there was some real violence surrounding these swimming pools, when black people would try to access these white pools. Can you tell us about some of those incidents, specifically in Highland Park?

Dr. WILTSE: Yeah, sure. So, there were two ways in which communities racially-segregated pools at the time. One was through official segregation, and so police officers and city officials would prevent black Americans from entering pools that had been earmarked for whites. The other way of segregating pools was through violence.

And so, a city like Pittsburgh, it did not pass an official policy of racial segregation at its pools. But rather, the police and the city officials allowed, and in some cases encouraged, white swimmers to literally beat black swimmers out of the water, as a means of segregating pools, as a means of intimidating them from trying to access pools. And so there was an instance, well, there was a series of instances over two summers in Highland Park pool, when it was first opened in 1931...

MARTIN: In Chicago, we should say.

Dr. WILTSE: So Highland Park pool is actually in Pittsburgh.

MARTIN: Oh, in Pittsburgh, I'm sorry.

Dr. WILTSE: Yeah, Highland Park pool is in Pittsburgh. And so young black men, typically, between, say, 16 and 20, tried to access the pool, and if they made it into the water, they were oftentimes beat and dunked and punched in the water.

Eventually, whites set up, essentially, sentinel guards at the entrance to the pool, and when black swimmers tried to come in and access them, they were beaten up, sometimes with clubs. They were punched to the ground. They were kicked on the ground. In my book, I have some pictures of black Americans who literally sort of lie still on the ground with bloody heads from being pummeled to the ground, just for trying to access a swimming pool.

MIKE PESCA, host:

And this fear of segregated - or integrated swimming pools comes up so often. In 1968, Strom Thurmond, who was running as president as a Dixiecrat, he said, there's not enough troops in the Army to force the southern people to break down segregation - I'll omit a word he said - and admit - essentially, he was saying black people - into our theaters, into our swimming pools, into our homes and into our churches. It was always top-of-mind in racist America.

MARTIN: What is it about the swimming pool, Jeff, that was such as flashpoint for these racial tensions?

Dr. WILTSE: Yeah, there - excuse me. There are two things. One is, well, I mean, basically it boils down to swimming polls being very intimate spaces, both physically intimate and also visually intimate. And so physically intimate, in the sense that you're sharing the same water. And there has always been fears, in terms of using swimming pools, about being exposed to the dirt and the disease of other swimmers.

And back during the 1920s and 1930s, and it really continuing on even further up from there, there were racist assumptions that black Americans were dirtier than whites, that they were more likely to be infected by communicable diseases. And so, in part, the push for racial segregation and racial exclusion was for white swimmers to avoid being infected by the supposed "dirtiness" of black Americans.

But I argue that the primary and the most crucial cause for racial segregation was gender integration, that most whites did not want black men, in particular, to be able to have access to white women at such an intimate public space...

MARTIN: So because - and this is important because pools used to be gender-segregated as well, right?

Dr. WILTSE: Yeah, absolutely. So in the late 19th and early 20th century, swimming pools were almost always universally-segregated along gender lines. And so, racial segregation at pools in the North arose during the 1920s and 1930s, at the precise time that cities started to gender-segregate pools. And so in case after case after case, racial segregation occurred at the exact moment that gender integration occurred.

And the concern was the black Americans, black men, would take advantage of the pool environment, to brush up against white women, to touch them in the water, to visually consume them, as they were wearing, you know, relatively-tight-fitting, relatively-revealing swimsuits. And this sort of played into a psychology of needing to separate black men from white women.

MARTIN: So when desegregation happened, '40s and '50s, they were - swimming pools were integrated, then you write about what was called "white flight," essentially, from municipal pools. People started - white people started building their own private pools or individual, in family homes, even. Can you talk about the legacy of that phenomenon?

Dr. WILTSE: Yeah, sure. So, municipal pools, in at least the northern and western United States, were racially-desegregated in the late 1940s and the 1950s. And what I found is that in city after city after city, when a municipal pool became racially-desegregated, and so a court would order that the pool has to be open to blacks and whites without discrimination, what I found was that the overall attendance to the pool would plummet, and that, literally, the majority of whites who had been using the pool previously stopped using the municipal pools.

They abandoned them, but they didn't stop swimming. What they did is they then retreated to private pools. They built private club pools, which were able to continue to legally discriminate against black Americans. Or they build at-home residential pools, so they could really enclose themselves off from the larger public and truly exercise control over who they were swimming with.

PESCA: Did you find that there was white flight more from public pools than other public institutions, like public transportation or the public schools?

Dr. WILTSE: I didn't study those other institutions, but based upon what I know of scholarship that has studied those, the answer is yes, that the impact that desegregation had upon swimming pools was much more profound than on other spaces, even residential neighborhoods. The term "white flight" has typically been used to describe the phenomenon of when a residential neighborhood would become racially-integrated.

That a black family would move into a neighborhood that had previously been all white, that large numbers of white families would then move out of that neighborhood. And that's typically what "white flight" has been referred to. But I think the phenomenon was even more pronounced at swimming pools, precisely because it's such an intimate public space.

MARTIN: Lastly, Jeff, what's the situation now? I mean, we pegged this to the study that was released giving some startling numbers about swimming rates among African-American children. Have you looked at what the role of swimming pools is today? Is it any better?

Dr. WILTSE: Yeah. No, the problem is that swimming pools today, municipal swimming pools today, are not nearly as high of a public priority as they were back in pretty much any time during the 20th century. I mean, during the early 20th century, especially during the 1920s, '30s and '40s, that pools were a very high public priority.

Right now, they're not, and so most people who want to gain access to swimming pools have to gain access to private pools. And so that clearly is - works to the advantage, or enables, middle- and upper-class Americans to gain access to pools, because they're having to gain access to private pools.

Whereas municipal pools are being closed down at an alarming rate and they're not being replaced by new pools. And so relatively poor people, especially people living in large inner cities, have much less access to swimming pools than Americans have at any time during the last, say, hundred years.

MARTIN: Well, it's a fascinating topic, a really interesting lens with which to view history and racial relations in the U.S. Jeff Wiltse is the author of a book called "Contested Waters." Hey, Jeff, thanks very much for being on the BPP. We appreciate it.

Dr. WILTSE: Oh. It's my pleasure.

MARTIN: You take care.

Dr. WILTSE: You, too.

From NPR.ORG

quinta-feira, 30 de maio de 2013

Music in the Civil Rights Movement

Read the paper: Court decisions in the biotechnoscience fieldbioethics as a source of legitimacy. Rev. Bioética y Derecho [online]. 2013, n.27, pp. 28-37.



For over four decades, Bernice Johnson Reagon has been a major cultural voice for freedom and justice. An African American woman's voice, a child of Southwest Georgia, a voice raised in song, born in the struggle against racism in America during the Civil Rights Movement of the 1950s and 1960s, she is a composer, songleader, scholar and producer. Here she explains the importance of music in the Civil Rights Movement.
by Bernice Johnson Reagon
How to Think of Freedom Songs
One of the first things that's important when you think about freedom songs and the Civil Rights Movement is to not actually think of freedom songs as if they were created strategically by the Movement. Like the collective breath of the Movement, they were a natural outpouring, evidencing the life force of the fight for freedom.
Think about the dominant numbers of participants who decided they would put their everyday existence at risk to fight racism in their local community. These people belonged to a culture that had a very high place for music that they themselves created as a part of their daily lives. Most of the participants from these local communities would be able to list to you music in several genres that they liked not only to listen to but also to sing. So we're not talking about a group of people who just practiced one kind of music.
What is interesting about the songs that end up as freedom songs is the fact that they function in the Movement as 'congregational' songs. Congregational songs are started by a songleader -- a songleader is different from a soloist. A soloist is someone who can execute the entire song. A songleader is someone who starts the song, and if that performance is successful, it is successful not only because of the prowess of the leader but because people who are located within the sound of that voice join in to raise the song into life.
If you listen to recordings of mass meetings, you will find, many times, people singing -- and you need to imagine that everybody in the church is singing. That is congregational singing. It is the kind of singing I grew up with in the Black church, in school, on the playground.... I can remember secular activities -- rallies -- where the congregational style was used, and you had a songleader, and everybody was doing the singing.
Sources and Meanings of Freedom Songs
The other thing that's important to understand is that the songs that were sung the most were adapted from the repertoire that people already knew. One of the songs that was sung over and over again in almost every mass meeting was "This Little Light of Mine": "This little light of mine/I'm going to let it shine." This song was sung more than the theme song of the Movement, "We Shall Overcome." It's an "I" song. It gives you a chance to pour into the sound of your singing voice your individual personal commitment to be in the freedom struggle.
If you went to a specific local community, you could find things out through the songs used in that community. In Montgomery, Alabama --and this is early in the mass mobilization with the bus boycott -- people would sing several hymns a lot. One is "Onward Christian Soldiers" -- that song you would have heard mostly as a Sunday school song. To understand freedom songs and freedom singing, you would have to imagine 400 or 500 people in Montgomery, Alabama, singing that song with their voices raised for 15 minutes. If you wonder why that song could capture the power of what they were doing, look at the text:
Onward, Christian soldiers
Marching as to war
With the cross of Jesus
Going on before...

It is a battle song. It tells us something about nonviolence in the Civil Rights Movement. Many times when people talk about nonviolence, they think of a sort of passivity, a peacefulness. If you are talking about the Civil Rights Movement and our practice of nonviolence, you have to think of aggressive, confrontational activity, edgy activity; action designed to paralyze things as they are, nonviolent actions to force change.
We talked about being in the 'freedom fight' and 'freedom struggle.' Words that say, "I am in this battle for the duration." When you look at a song like "Onward Christian Soldiers," you understand why that song carried people in the struggle.
Another song was "Lift Him Up." The words are:
To reach the masses, men of every birth
For the answer, Jesus had the key.
Said if I, if I be lifted up, from the earth,
Will draw all men unto me.

In Montgomery, you have to imagine what it was like. I think for students today, the idea that a group of citizens could not get a meeting with the local board of commissioners is strange. But you have to imagine that these people, because of racism, often would be refused a hearing by the elected officials of their community on their issues.
So you get a song that says, "If I be lifted up, I'll draw all men unto me..." In Montgomery, Alabama, you needed to look toward the kind of power that would force those elected officials to come into an environment where they sat down with the Black citizens of their community. The Black citizens' faith and a year-long boycott created that power, and regular mass meetings with powerful singing, testimonies, prayers, preaching sustained the communal spirit necessary for their struggle.
Another song was "What a fellowship, what a joy divine / Leaning on the everlasting arms." That song is a celebration. If you were in the Movement, many times you were in danger. It was not your regular pace of trying to stay inside a segregated society for your safety. But there were always songs that celebrated those times when we came together even in the midst of danger.
For many people like me, the highest point of our lives was when we gathered in those mass meetings, and when we marched... we were bonded to each other, not because we went to school together, or were in the same social club. Not because we worked on the same job, but because we had decided that we would put everything on the line to fight racism in our community. Every participant in a local campaign had to decide to take that risk. We had to decide to leave the safety of being obedient to segregation to go to a place where we might lose everything we had. We found in this new place a fellowship that we could not have imagined before we decided to stand. And sometimes in celebration of that coming together you could hear the hymn, "What a Fellowship."
What a fellowship, what a joy divine
Leaning on the everlasting arms
What a blessedness, what a peace is mine
Leaning on the everlasting arms...

In these songs, none of the texts were changed. In other situations, people would actually change the text and use the structure of the lyrics, and you can track the place where the song comes from by the lyrics. "If you miss me from the back of the bus" -- and they would put in the name of the segregated, black high school, and they would put in the name of the white high school -- "I'll be studying over there."
"We Shall Not Be Moved" is another one. You'd hear people naming the mayor, or police chief, or governor in their localities in that song.
Masses of People Speaking Through Song
Some of the songs are a structure into which there are lyric changes that document where that singing took place. It's very easy, if you're not aware, to miss the value of that documentation. Freedom songs are documents created by a collective voice. Often when we think of masses of people we actually think of inarticulate people and we look for a speaker to let us know what is going on. During this Movement, the masses came singing and the songs they sang are essential documents. If you don't pay attention to the specificity of the songs they chose at a particular time, around a specific situation, you miss an opportunity to hear masses of people speak. It is not just enough to hear the voices of the speakers who speak at the mass meeting. It is also very important to know what was created as an articulate voice by those hundreds of people who gathered as a part of that struggle.
These songs are very important in capturing the culture. News reports covering the Movement always used the singing as a way of trying to tell the story of the power of what was going on. So when you talk about the culture of the Movement, it is important that you draw from the rich music database. If you draw indiscriminately, you miss the opportunity to tell a much more detailed, articulate story that comes from the collective voice of the people whose participation created and sustained the mass mobilization campaigns.
The Impact of Freedom Singing
When I sing, at full voice, you can hear me a block away. If you're walking toward me, you're walking inside the sound of my voice. There are stories about protesters being in jail, and the jailers saying, "shut up that singing." There is a story of the Freedom Rides, where Bernard LaFayette talks about singing in Parchman Penitentiary in Mississippi, which is where they put the Freedom Riders, when they arrived in Jackson, Mississippi.
The singing I talked about before was all church songs, but the minute you get younger people involved, you get at least three additional genres of music: first, fewer hymns and more gospel music; second, concert spirituals; and third, songs from the top 40 rhythm and blues charts and new songs written to tell the story about specific events.
There is a great example of songs being changed to speak to the moment during the Freedom Rides. When the riders finally got to Mississippi, they were arrested and ended up in Parchman Prison. They sang non-stop, pulling songs from all those genres, and refashioning the lyrics. After the first organized loads of bus riders were jailed, people in other parts of the country began to pair up racially, get on the bus and decide they are going to sit differently. They started to do it in small groups, rather than being directed by a larger organization. When the freedom riders locked up in Parchman got the news that more riders were on the buses coming south, they started singing, "Buses are a'comin, oh Yeah," In one situation, Bernard LaFayette recalled that the prison guards tried to stop the singing. They said to the singing freedom riders, "if you don't shut up, we'll take your mattress," the protesters would sing, "You can take my mattress, you can take my mattress, oh yeah, you can take my mattress you can take my mattress, I'll keep my freedom, oh yeah..." That song is a concert spiritual, and we learned it as an arranged concert spiritual, "Chariots a'coming, Oh Yeah."
There is a story of a policeman beating a demonstrator on the ground and the man being assaulted began to sing, "We Shall Overcome," and this particular policeman could not continue the beating. This did not happen in every case, however. People who were against the Movement had strong reactions when faced with powerful, solid freedom singing. And the singing was essential to those of us involved in the action, it was galvanizing, it pulled us together, it helped us to handle fear and anger. I am talking about full and rich singing, when people are singing at full power. When the song started you usually had at least three-part harmony and the sound filled the air -- it was powerful music, the freedom songs.
Singing in the Face of Danger
I was in a mass meeting in 1963 in Mississippi, and the sheriff walked in. And Fannie Lou Hamer was up speaking, and she called out that sheriff, just flat footed: "I know you, I know your name." There were white and black people present. That sheriff and Fannie Lou Hamer lived in that community. In those environments you understood the tension and the danger of what local people did who were active in the Movement. Songs raised in those moments served to hold everybody, helping to manage the tension that came when the sheriff and deputies came to see who from the community was in that mass meeting.
There was a very strong "stay away" feeling about the law. The law was not there to protect you. The law was a danger to you. Just their physical presence would create a chill. And the singing helped you to navigate that energy inside of your body. I'm talking about sound moving through your body and helping you to breathe through that tension. It's very important not to suggest that singing made fear disappear. Because you really knew the danger, and that did not go anywhere. But singing could help you to stay and hold your stance.
Freedom Songs and Popular Music
Young people pulled songs from the hit parade and used them as freedom songs. Ray Charles more than any other recording artist had songs that became freedom songs, because of his voice, the way he used his piano, and a very strong blend of churchy, bluesy energy. We came up with a new word to describe the new genre. We called it "soul."
Ray Charles' music was familiar and new. It was accessible. Sometimes he would take a specific church tune and put love song lyrics to it. But even when he didn't do that, there was a synthesis in his voice that crossed the musical lines between what we would call the secular and the sacred. The movement itself then was primarily hosted by the church -- in a community, you had to somehow find a space where larger groups could come together, and churches hosted the movement in many, many communities. Churches were also the places we left, to go out into the street and go to jail. The whole idea of the church moving into the street, the church moving into jail, is captured in this kind of music.
Take the song, "You Better Leave My Kitten Alone," by Little Willie John; during the Nashville Sit-in Movement, it became "You Better Leave Segregation Alone." Ray Charles's "Lonely Avenue" was turned into "Fighting For My Rights":
My cell had no windows
And the air couldn't come through
And I felt so hot and stuffy
That I didn't know what to do
That's why I'm fighting for my rights...

National Performers and the Movement
There were always performing artists who found ways to support the Movement's activities. One of the strongest was Harry Belafonte. His "Banana Boat" song in Parchman Penitentiary became a song about the Freedom Rides, "Calypso Freedom." The Staple Singers toured and traveled with Martin Luther King. Mahalia Jackson sang with and organized fundraisers for Dr. King. The Freedom Singers, who I sang with, performed at Carnegie Hall in 1963, and Tony Bennett closed the show. Later that year at a joint SCLC and SNCC benefit, we did a concert with Mahalia Jackson. There was a benefit for SNCC McCormick Place in Chicago, that featured gospel groups with a chorus of freedom singers from across the south.
The Civil Rights Movement challenged racism, and the dominant areas of organizing took place within southern segregated communities. However, the Movement happened to the entire nation. There was no place one could be where there was not someone responding in some way to what was happening. The Freedom Singers were invited to perform at the 1963 Newport Folk Festival, and for several successive festivals there were groups of songleaders who were on the program to sing the songs that came out of their local campaigns. The dominant popular commercial music genres were folk and topical songs. The freedom songs and the Civil Rights Movement that birthed the songs and singing charged the national music culture. Popular music followed the concerns that were raised about justice, about getting along with each other, about challenging injustice. Black and White musicians of the day explored those issues in their music.
The second part of Eyes on the Prize moves into the 1970s and dealing with some of the things that happen when these energies move into urban Black communities outside of the south. The struggles and language of organizing changed. There was a strident, impatient and often angry tone. Many were concerned that it was not as focused and organized and controlled as the southern based campaigns. There were urban rebellions, there were national and regional conferences, there were poets who spoke and sang their lines and new songs from Black musicians. The music and the word was about the redefinition and repositioning of Black America, about Vietnam, about surviving in a racist nation by recentering one's cultural core. Africa and beauty and Blackness were redefined and it was all there in the music, in the poetry, in the hair, in the dress, in the food -- Black power, Black pride, Black consciousness, Black studies. Black people reshaping their cultural ground.
Express Yourself
It doesn't matter to me if you write song lyrics, poetry, or prose -- if you are concerned about what's happening in your world, and especially if you take issue with it, songs, poetry and short stories are very important ways to express what you are feeling. And don't forget visual arts, and dance. The most important thing I learned as a young person is that the song forms I knew, the songs I liked, were the best ones for me to use to express myself. I also listened to other artists and sometimes got great ideas about how to make a song. For me, the traditional songs I learned as a child from the 19th and early 20th century; gospel, doo wop, rhythm and blues songs -- these were the sounds I liked and used as a freedom singer.
We were young people and it was important to us to have songs that named what we saw in our world, and what we wanted to happen with what we saw.
Source: Reagon, Bernice Johnson. Interview by Maria Daniels, WGBH Boston, July 2006.

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segunda-feira, 25 de fevereiro de 2013

The Dark Side of Currier & Ives


MONDAY, FEBRUARY 28, 2011

The Dark Side of Currier & Ives

by Stephen J. Gertz


When we think of Currier and Ives we think of scenes like the above, The Road - Winter by Otto Knirsch, published by C&I in 1853, and now ubiquitously found on Christmas and greeting cards, postage stamps, and calendars. It is one of many enduring images published by Nathaniel Currier and James Merrit Ives that have become deeply embedded in the American psyche, each a slice of warm toast that make all Americans feel good, sentimental, and nostalgic for bygone days. They are all easily digestible.


Outside of collectors and curators, however, few are aware that between 1879 - 1890 Currier & Ives issued a series of color lithographs embracing all the worst stereotypes about Black Americans. ItsDarktown series was, in fact, one of Currier & Ives' best-sellers, one print alone selling an astounding 73,000 copies.

booktryst.com
Reading:  Leitura:
Bryan F. Le Beau, "African Americans in Currier and Ives's America: The Darktown Series," Journal of American & Comparative Cultures 23, 1 (Spring 2000), 71-83

Civil, Political, And Social Equality After Lincoln: A Paradigm And A Problematic


KATE MASUR
Assistant Professor of History, Northwestern University


When it comes to Abraham Lincoln and race, there are few words
more famous than the future president’s 1858 assertion that he had “no
purpose to introduce political and social equality between the white and
the black races.”1
 The statement cannot be discounted as merely an
artifact of his intense struggle against Stephen Douglas for a seat in the
U.S. Senate. To the contrary, in a standalone speech in Peoria four
years earlier, Lincoln had said his “own feelings” did not admit of
making former slaves “politically and socially our equals.”2
At the same
time, of course, Lincoln also consistently argued for certain kinds of
racial equality. As he said in Columbus, Ohio, in 1859, “there is no
reason in the world why the negro is not entitled to all the natural rights
enumerated in the Declaration of Independence, the right to life,
liberty, and the pursuit of happiness.”3
My purpose here is not to assess whether Lincoln was racist, or how
racist. Nor is it to chart how his own views on equality changed over the
course of the Civil War. Rather, it is to reflect on the meanings of the
separate categories of equality that Lincoln mentioned—natural (or
civil), political, and social—as they took shape after his death. The
historian James Oakes has recently made the interesting argument that
Lincoln separated natural and civil rights from political and social ones
because he believed the federal government had power to enforce civil


1. First Debate with Stephen A. Douglas at Ottawa, Illinois, CHI.PRESS & TRIB., Aug. 21, 
1858, reprinted in 3 THE COLLECTED WORKS OF ABRAHAM LINCOLN 1, 16 (Roy P. Basler
et al. eds., 1953) [hereinafter COLLECTED WORKS].
2. Abraham Lincoln, Speech at Peoria, Illinois, ILL. J., Oct. 21, 23–28, 1854, reprinted in
2 COLLECTED WORKS, supra note 1, at 247, 256.
3. Abraham Lincoln, Speech at Columbus, Ohio, ILL. STATE J., Sept. 24, 1859, reprinted 
in 3 COLLECTED WORKS, supra note 1, at 400, 402. See also Sixth Debate with Stephen A. 
Douglas, at Quincy, Illinois, CHI. PRESS & TRIB., Oct. 13, 1858, reprinted in 3 COLLECTED 
WORKS, supra note 1, at 245, 248–49 (illustrating Lincoln’s view regarding equality); Fourth 
Debate with Stephen A. Douglas at Charleston, Illinois, CHI. PRESS & TRIB., Sept. 18, 1858, 
reprinted in 3 COLLECTED WORKS, supra note 1, at 145, 145–46 (same).

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site: Marquette University - Law school

The Civil Rigths Cases


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Case Basics
Petitioner 
The Civil Rights Cases
Opinion 
Term:
Location: Congress
Facts of the Case 
The Civil Rights Act of 1875 affirmed the equality of all persons in the enjoyment of transportation facilities, in hotels and inns, and in theaters and places of public amusement. Though privately owned, these businesses were like public utilities, exercising public functions for the benefit of the public and, thus, subject to public regulation. In five separate cases, a black person was denied the same accommodations as a white person in violation of the 1875 Act.
Question 
Does the Civil Rights Act of 1875 violate the 10th Amendment of the Constitution which reserves all powers not granted to the national government to the states or to the people?
Conclusion 
Decision: 8 votes for , 1 vote(s) against
Legal provision: Civil Rights Act of 1875; US Const. Amend 13 and 14
The Fourteenth Amendment restrains only state action. And the fifth section of the Amendment empowers Congress only to enforce the prohibition on state action. The amendment did not authorize national legislation on subjects which are within the domain of the state. Private acts of racial discrimination were simply private wrongs that the national government was powerless to correct.

Cite this Page

THE CIVIL RIGHTS CASES. The Oyez Project at IIT Chicago-Kent College of Law. 23 February 2013. <http://www.oyez.org/cases/1851-1900/1882/1882_2>.