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Kimberlé Crenshaw on Anti-Racism Education Bans Apr 14, 2022

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Lawmakers, parents, think tanks, and conservative pundits have waged a war over how to teach students about systemic racism. As a result, school board members have been ousted, and some educators have resigned over the death threats, social media bullying, and harassment they’ve received from those who are adamant that teaching a more inclusive history harms students. These activists and lawmakers have centered much of their anger on a framework called Critical Race Theory. Though they’ve used it as a catchall for wokeness, political correctness, and leftist indoctrination, the term actually refers to a body of legal scholarship from the 70s and 80s that says racism is not just a result of individual prejudice, but something embedded in the legal system and in government policy. Kimberlé Crenshaw was among the scholars who developed the theory. She also coined the term “intersectionality,” a framework that takes into account how a person’s identities combine to create unique forms of discrimination or privilege. She is a Distinguished Professor of law at Columbia University and at UCLA, co-founder of the African American Policy Forum at Columbia, and host of the podcast “Intersectionality Matters.” Listener Note: We’re launching a three-week “Ask an Expert” podcast series about all things free speech: online censorship and deplatforming, campus speech and cancel culture and education and book bans. So here’s where you come in. We want to answer your questions! What does the law say about social media companies deplatforming users? Does our constitution support cancel culture? If you have a question you’d like us to answer, call us and leave us a message at 212-549-2558 or email us at podcast@aclu.org.

“Sexual Justice” Doesn’t Have to Mean Criminal Justice Apr 07, 2022

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April marks Sexual Assault Awareness Month and with that, we are bringing you a conversation today about Title IX. One of the protections against sexual assault within our education system and in our workplaces. In May of 2020, then Secretary of Education Betsy DeVos gutted Title IX protections for schools, particularly as they pertained to sexual assault adjudication, giving schools the leeway to evade accountability procedures and disempower victims. This action was fueled by conservative backlash and men’s rights groups who consistently claim that there is lack of “due process” when it comes to allegations of sexual assault. But is that really true? Or do we have a public misconception of due process? What does it mean for universities and employers to employ systems that are both fair and restorative? Alexandra Brodsky, Staff Attorney at Public Justice, asks these questions and offers up meaningful answers in her new book Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash. Alexandra believes there is a system available to us all that empowers survivors and values due process, a process outside of the criminal legal system that can provide both accountability and reduce harm. She joins us today to break it all down. Listener Note: We’re launching a three-week “Ask an Expert” podcast series about all things free speech: online censorship and deplatforming, campus speech and cancel culture and education and book bans. So here’s where you come in. We want to answer your questions! What does the law say about social media companies deplatforming users? Does our constitution support cancel culture? If you have a question you’d like us to answer, call us and leave us a message at 212-549-2558 or email us at podcast@aclu.org.

Affirmative Action Is the Floor, Not the Ceiling Mar 31, 2022

Show notes

For over half a century, Affirmative Action has woven its way into the fabric of our society through nondiscrimination policies and initiatives aimed at establishing equal opportunity for women, people of color, and other minorities across schools and the workplace. Over the years, courts and colleges have repeatedly clashed over the role of race in admissions policies. The Supreme Court has repeatedly upheld Affirmative Action programs - most recently in 2016, and this year, the Supreme Court has agreed to hear two cases on the question of whether race-conscious admissions programs are lawful. And with a conservative majority on the bench, there is a real risk that Affirmative Action will be found unconstitutional. Joining us today is Amber Hikes, the ACLU’s Chief Equity and Inclusion Officer, to talk about the potential impact of this decision on culture and practice, the importance of moving beyond “checking boxes," and how they’ve developed and lived these values in their own life. Listener Note: We’re launching a three-week “Ask an Expert” podcast series about all things free speech: online censorship and deplatforming, campus speech and cancel culture and education and book bans. So here’s where you come in. We want to answer your questions! What does the law say about social media companies deplatforming users? Does our constitution support cancel culture? If you have a question you’d like us to answer, call us and leave us a message at 212-549-2558 or email us at podcast@aclu.org.

Refugees of Color Matter Too Mar 24, 2022

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This week, we’ll be talking about something that’s on everyone’s mind: Ukraine. After weeks of building forces on the border, Russian President Vladimir Putin ordered a full-scale invasion of Ukraine on February 24, 2022. Since then, the UN has reported that nearly 700 civilians in Ukraine have lost their lives - although the true figures are likely much higher. Over 3 million refugees have fled the country, while more than 2 million Ukrainians have been internally displaced from their homes. There has been an incredible outpouring of support for Ukrainian refugees, with many European countries opening up their borders and setting up systems to process the large influx of refugees. And the Biden administration recently granted Temporary Protected Status (or TPS) against the deportation of Ukrainians living in the United States. At the same time, many immigrants’ rights advocates and organizers have pointed out that these same protections and supports have NOT been extended to refugees and asylum-seekers from other majority-Black and Brown countries ,like Cameroon, Ethiopia, and up until very recently, Afghanistan. This contrast has been a startling reflection of the anti-Black racism and white supremacy embedded in our systems. There is no question that Ukrainian refugees must be given access to the protections and support that they need. And, those same protections and supports must be provided to all migrants - to all people who are fleeing dangerous conditions - regardless of their race, their religion, their language, or their nationality. Joining us today to talk about these disparities, how they came to be, and their impact is Omar Jadwat, Director of the ACLU Immigrants’ Rights Project. Along with Omar, we are delighted to be joined by Daniel Tse who founded the Cameroon Advocacy Network and who works for the Haitian Bridge Alliance, and leads the Black Immigrants Bail Fund. Daniel also has firsthand experience with the asylum system - having come to the United States from Cameroon as a refugee, and having spent one year in ICE detention before finally gaining asylum.

"Protecting Women and Children" Is a Shield for Transphobia Mar 17, 2022

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This week, we’re bringing you a conversation about the recent surge of anti-trans bills that have been levied in state legislatures. 2020 saw 79 different anti-trans state bills dealing with everything from education to athletics, and healthcare to bathroom access. In 2021, that count nearly doubled, with 147 proposals aimed at trans people, and especially trans kids. And this year, in 2022, we’re tracking roughly 280 bills that have been filed ahead of or during this legislative session. Now, let’s be clear: Transphobia is not new, and neither is the rhetoric that fuels it. Anti-trans legislation has often been framed as necessary for the safety and protection of “women and girls” - and in particular, white women and girls. This weaponization of white womanhood and femininity has deep roots in this country’s history, and is prompting unprecedented consequences for the trans community. Joining us to share the history behind this crisis and what we can do about it, is Nikita Shepard, who studies and works at Columbia University. Their work explores histories of LGBTQ+ communities, gender and sexuality, and racial and social movements in the United States and beyond.

Jon Batiste on Social Music, Family, and Freedom Mar 10, 2022

Show notes

Today we’re speaking with music legend Jon Batiste. He’s an Oscar-winning composer, pianist, bandleader and singer who is going into the 2022 Grammy Awards with 11 nominations – the most of any artist this year. You may have seen him on “The Late Show With Stephen Colbert” where he’s been the music director and bandleader since 2015. You may have heard him on the soundtrack of the Pixar-animated film “Soul” where he performed and composed the jazz portion of the score. Or you may have experienced his live performances in the streets of New York City with his band Stay Human during the pandemic lockdown, the protests of 2020, or during one of his “love riots” – a spontaneous show in the streets where the musicians stand among the crowd and exchange in the energy of the music and the moment. We’ll talk to him about his New Orleans roots, his most recent album “We Are,” and his commitment to creating music that celebrates his culture and aims to unite us all.

The Politics of Pleasure Mar 03, 2022

Show notes

For some of us, simply living in our bodies is a daily act against oppression, against marginalization, criminalization and hate. This work is exhausting…most justice work is. That’s why finding what brings us joy is so central to both our individual and our collective liberation. While seemingly simple, when put in practice, pleasure can be revolutionary. This is the idea that Adrienne Maree Brown puts forth in her book, “Pleasure Activism: The Politics of Feeling Good.” Taking inspiration from Black feminist writers like Audre Lorde and Octavia Butler, the author, activist and doula demonstrates how we can tap into our desire to organize against oppression. Adrienne’s work is a gift for so many who don’t feel that pleasure is an accessible reality including: women, people of color, trans and non binary folks, queer folks, disabled folks, and survivors of sexual violence. Adrienne joins us today to share why finding pleasure should be centered in our justice work.

Imani Perry Thinks You’re Wrong About the South Feb 24, 2022

Show notes

Our guest today is Imani Perry. Her latest book is “South to America: A Journey Below the Mason Dixon to Understand the Soul of a Nation.” In it she writes that understanding this country starts with the South. Imani challenges the idea of the South as a backward place, a repository for the U.S.’s shame over slavery, white supremacy, and poverty. To cast away the South, she writes, only props up a heroic self-mythology of the U.S. that fogs up the mirror of history. Imani is based at the department for African American studies at Princeton University as an interdisciplinary scholar of law, literary and cultural studies. In addition to South to America, her books include “Breathe: A Letter to My Sons,” “Looking for Lorraine: The Radiant and Radical Life of Lorraine Hansberry” and other titles. She was born in Birmingham, Alabama and while she’s lived much of her life elsewhere, she still considers Birmingham home.

Black Women Take the Supreme Court Feb 17, 2022

Show notes

Just weeks ago, Justice Steven Breyer announced his retirement from the Supreme Court, opening the door for President Biden to nominate a new judge to the bench. Keeping his campaign promise, Biden confirmed that he will be nominating a Black woman to replace Breyer, a historic move for a field that has not always welcomed Black women with open arms. Joining us to discuss the impact of this future nomination is Ria Tabacco Mar, Director of the ACLU’s Women’s Rights Project and one of At Liberty’s most frequent guests. Ria leads the project that was founded and led by Justice Ruth Bader Ginsburg. It should be noted before we begin this conversation that as a matter of policy, the ACLU does not endorse or oppose particular candidates for the Supreme Court, except in extraordinary circumstances.

The Insidious Practice of Racial Gerrymandering Feb 10, 2022

Show notes

It’s election season again and, in America, sadly, that means it is voter suppression season. Starting in 2020, 49 states proposed over 440 bills to make it harder for Americans to vote, and many of them have passed. In 2021, state lawmakers started using the newly released census data to draw state maps that lock up their political power – often at the expense of communities of color. And now in 2022, these tactics are almost certain to impact the midterm elections for Congress, as well as local and state elections nationwide. Federal legislation that would have addressed these tactics and reversed some of the Supreme Court’s gut punches to the Voting Rights Act has stalled. And Republican lawmakers in at least eight states are trying to strip away power from secretaries of state, governors, and nonpartisan election boards over how elections are run and counted–effectively giving political operatives the power to cancel your vote. My guest today, lawyer Janai Nelson, has spent her career battling these issues. At the NAACP Legal Defense and Educational Fund, where she currently serves as Associate Director-Counsel and will soon take over as president and Director-Counsel, she has overseen court challenges to racial and partisan gerrymandering, to overturn harsh voter ID laws, and to re-enfranchise folks who have lost their right to vote because of felony convictions. As a professor of law at St. John’s University School of Law, she has also taught classes on election law and political participation and has written extensively on the dismantling of the Votings Rights Act at the expense of communities of color. We’re catching Janai at a heady time, just as she is ascending to the helm of one of the nation’s foremost civil rights organizations, and just as those rights face threats we haven’t seen in decades, if not centuries. She joins us today to talk about all this and more.

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