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Marching Through '64
MARCHING THROUGH '64 David J. Garrow Wilson Quarterly Spring 1998, Volume 22, pp. 98-101. Section: Current Books PILLAR OF FIRE: America in the King Years, 1963-65. By Taylor Branch. Simon & Schuster. 746 pp. $30 Pillar of Fire is the second volume of Taylor Branch's projected threevolume history of the American black freedom struggle during the 1950s and 1960s. Ten years ago, Branch published his first volume, Parting the Waters, a richly detailed account of the civil rights movement that covered the years 1954-63 in 922 pages of text. Ending with the aftermath of John F. Kennedy's November 22 assassination, Parting the Waters was intended to be the first of two volumes that would carry the story forward until Martin Luther King, Jr.'s assassination on April 4, 1968. But Branch changed plans, expanding his history from two volumes to three. Pillar of Fire covers the movement's history from December 1963 until February 1965 in 613 pages of text. Or, to be more precise, about 419 pages of text, for the first 194 pages are devoted to recapitulating much of the 1962-63 history that the author comprehensively treated in Parting the Waters. Should Pillar of Fire be evaluated by itself, or should it be assessed in tandem with Parting the Waters? As King often said, most "either-or" questions-this one included-are best answered with "bothand" responses. Comparing Pillar with Parting raises two questions: why devote almost one-third of Pillar to a reprise of Parting, and why allocate 400-plus pages to essentially just 1964, when all of 1954 through 1963 merited "only" 900? In the author's defense, his readers- whether or not they read Parting the Waters a decade ago-deserve some recapitulation, and 1963 and 1964 almost inarguably were the crucial years of the civil rights movement. -
Brief for the Honorable Congressman John Lewis As Amicus Curiae in Support of Respondents and Intervenor-Respondents
No. 12-96 In the Supreme Court of the United States SHELBY COUNTY, ALABAMA, Petitioner, v. ERIC H. HOLDER, JR., ATTORNEY GENERAL, ET AL., Respondents. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT BRIEF FOR THE HONORABLE CONGRESSMAN JOHN LEWIS AS AMICUS CURIAE IN SUPPORT OF RESPONDENTS AND INTERVENOR-RESPONDENTS Aderson B. Francois Deborah N. Archer HOWARD UNIVERSITY Counsel of Record SCHOOL OF LAW Tamara C. Belinfanti Civil Rights Clinic Erika L. Wood 2900 Van Ness Street NW NEW YORK LAW SCHOOL Washington, D.C. 20008 RACIAL JUSTICE PROJECT (202) 806-8065 185 West Broadway New York, NY 10013 (212) 431-2138 [email protected] i TABLE OF CONTENTS TABLE OF CONTENTS ............................................. i TABLE OF CITED AUTHORITIES ......................... iv INTEREST OF AMICUS CURIAE ........................... 1 SUMMARY OF ARGUMENT .................................... 2 ARGUMENT .............................................................. 5 I. The History of Voting Rights In America Has Been One of Recurring Retrenchment and Reconstruction Rather than Uninterrupted and Continuous Progress. ................................... 5 A. Young Men and Women Risked and Sometimes Gave Their Lives During The Civil Rights Movement to Secure the Right to Vote for All Americans. ........................ 5 B. A Century Before the Congressman Was Nearly Murdered for Trying to Exercise The Right to Vote, His Great- Great-Grandfather Freely Voted During Reconstruction. ........................ 8 C. Congressman Lewis’ Public Service Career Has Been Devoted to the Proposition that Democracy Is Not a State but an Act that ii Requires Continued Vigilance to Ensure a Fair and Free Democracy. .......................................... 13 II. Section 5 of the Voting Rights Act Remains Crucial to Protect the Rights of All Americans to Participate in Our Electoral System Free from Racial Discrimination. -
Case 1:16-Cv-02725-DLC Document 87 Filed 09/08/17 Page 1 of 66
Case 1:16-cv-02725-DLC Document 87 Filed 09/08/17 Page 1 of 66 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------- X : WE SHALL OVERCOME FOUNDATION and : 16cv2725(DLC) BUTLER FILMS, LLC, on behalf of : themselves and all others similarly : OPINION AND ORDER situated, : : Plaintiffs, : : -v- : : THE RICHMOND ORGANIZATION, INC. (TRO : INC.) and LUDLOW MUSIC, INC., : : Defendants. : : -------------------------------------- X APPEARANCES: For the Plaintiffs: Mark C. Rifkin Randall S. Newman Gloria K. Melwani Wolf Haldenstein Adler Freeman & Herz LLP 270 Madison Ave, 10th Floor New York, NY 10016 For the Defendants: Paul LiCalsi Ofer Reger Robins Kaplan LLC 601 Lexington Ave, Suite 3400 New York, NY 10022 DENISE COTE, District Judge: The defendants The Richmond Organization, Inc. (“TRO”) and its subsidiary and imprint Ludlow Music, Inc. (“Ludlow”) (collectively, the “Defendants”) possess two copyrights in the musical composition “We Shall Overcome” (the “Song” or the Case 1:16-cv-02725-DLC Document 87 Filed 09/08/17 Page 2 of 66 “Copyrighted Song”), registered as a derivative work with the Copyright Office in 1960 and 1963. In this litigation, the plaintiffs We Shall Overcome Foundation (“WSOF”) and Butler Films, LLC (“Butler”) (collectively, the “Plaintiffs”) challenge through a putative class action the validity of the Defendants’ copyrights in the Song. The Plaintiffs have filed a motion for partial summary judgment in which they principally argue that the lyrics and melody in the first verse and its identical fifth verse (“Verse 1/5”) of the Song are not sufficiently original to qualify for copyright registration as a derivative work.1 For the reasons that follow, that portion of the Plaintiffs’ motion for summary judgment is granted. -
We Shall Overcome”
"Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that." Dr. Martin Luther King, Jr. ACTIVITIES MARTIN LUTHER KING JR. MARTIN KING LUTHER MONDAY, JANUARY 19, 2015 2015 STATE OF WEST VIRGINIA STATE 2015 COMMEMORATION & CELEBRATION & CELEBRATION COMMEMORATION SPONSORED BY Dr. Christina King Farris is the eldest sister of Dr. Martin Luther King, Jr. and the only living member of the family of origin. Dr. Farris recently retired as the oldest member of the faculty at Spelman College in Atlanta College where she graduated in the same year her brother Martin graduated from Morehouse College. This greeting is an exclusive to the 2015 State MLK Celebration in tribute to West Virginia’s recognition of Dr. King’s birthday as a State holiday before it became a National holiday. To Governor Earl Ray Tomblin and Dr. Carolyn Stuart, Executive Director of the Herbert Henderson Office of Minority Affairs, I bring greetings to the Martin Luther King Jr., State Holiday Commission and the people of the “Mountain State” of West Virginia, where “Mountaineers are always free”. I was surprised and pleased to learn that West Virginia led the nation in declaring Dr. King’s Birthday a State Holiday before it became a national holiday. I understand that this was the result of House Bill 1368 initiated by Delegates Booker Stephens and Ernest Moore which established the King Holiday as a State Celebration in 1982—four years before it was officially declared a national holiday in 1986. I pray that God’s richest blessing be with all who diligently work for justice, equality, and peace in pursuit of my brother’s vision of the “beloved community.” Dr. -
Lessons from the Life and Works of Dr. Martin Luther King, Jr
CIVIL RIGHTS, IMMIGRANTS' RIGHTS, HUMAN RIGHTS: LESSONS FROM THE LIFE AND WORKS OF DR. MARTIN LUTHER KING, JR. JENNIFER M. CHACON* Unlike several of the scholars participating in this symposium, I have no personal memory of Martin Luther King, Jr. I was born several years after the assassination of Dr. King. My "memories" of Dr. King are the product of books1 and television.' I have seen documentary footage of the March on Washington and have therefore heard, in scratchy recording, Dr. King's famous "I Have a Dream" speech.3 These derivative memories are powerful, but I suspect they do not compare with the living memories carried by other symposium authors. While I have no independent memories of the marches in Birmingham and Washington, D.C. that were led by Dr. King, I do have a clear image in my mind of the marches of May 1, 2006-a date when hundreds of thousands of immigrants and their allies took to the street.4 The marchers, who sought the normalization of legal status for millions of unauthorized migrants living and working in the United States,5 organized in opposition to * Professor of Law, U.C. Davis School of Law. The author would like to thank Dean Rex Perschbacher and Dean Kevin Johnson for their support of her research. She would also like to thank Sarah Martinez and Carolyn Hsu for excellent research assistance. 1. See, e.g., TAYLOR BRANCH, AT CANAAN'S EDGE: AMERICA IN THE KING YEARS, 1965-1968 (2006) [hereinafter BRANCH, AT CANAAN'S EDGE]; MARSHALL FRADY, MARTIN LUTHER KING, JR. -
Excerpt from President Lyndon B. Johnson's Voting Rights Act Speech
Excerpt from Johnson’s Voting Rights Act Speech Excerpt from President Lyndon B. Johnson’s Voting Rights Act Speech, March 15, 1965 At times history and fate meet at a single time in a single place to shape a turning point in man’s unending search for freedom. So it was at Lexington and Concord. So it was a century ago at Appomattox. So it was last week in Selma, Alabama. There, long-suffering men and women peacefully protested the denial of their rights as Americans. Many were brutally assaulted. One good man, a man of God, was killed. There is no cause for pride in what has happened in Selma. There is no cause for self- satisfaction in the long denial of equal rights of millions of Americans. But there is cause for hope and for faith in our democracy in what is happening here tonight. This was the first nation in the history of the world to be founded with a purpose. The great phrases of that purpose still sound in every American heart, North and South: "All men are created equal"—“government by consent of the governed”—“give me liberty or give me death.” Well, those are not just clever words, or those are not just empty theories. In their name Americans have fought and died for two centuries, and tonight around the world they stand there as guardians of our liberty, risking their lives. To apply any other test—to deny a man his hopes because of his color or race, his religion or the place of his birth—is not only to do injustice, it is to deny America and to dishonor the dead who gave their lives for American freedom. -
Waveland, Mississippi, November 1964: Death of Sncc, Birth of Radicalism
WAVELAND, MISSISSIPPI, NOVEMBER 1964: DEATH OF SNCC, BIRTH OF RADICALISM University of Wisconsin – Eau Claire: History Department History 489: Research Seminar Professor Robert Gough Professor Selika Ducksworth – Lawton, Cooperating Professor Matthew Pronley University of Wisconsin – Eau Claire May 2008 Abstract: The Student Nonviolent Coordinating Committee (SNCC, pronounced Snick) was a nonviolent direct action organization that participated in the civil rights movement in the 1960s. After the Freedom Summer, where hundreds of northern volunteers came to participate in voter registration drives among rural blacks, SNCC underwent internal upheaval. The upheaval was centered on the future direction of SNCC. Several staff meetings occurred in the fall of 1964, none more important than the staff retreat in Waveland, Mississippi, in November. Thirty-seven position papers were written before the retreat in order to reflect upon the question of future direction of the organization; however, along with answers about the future direction, these papers also outlined and foreshadowed future trends in radical thought. Most specifically, these trends include race relations within SNCC, which resulted in the emergence of black self-consciousness and an exodus of hundreds of white activists from SNCC. ii Table of Contents: Abstract ii Historiography 1 Introduction to Civil Rights and SNCC 5 Waveland Retreat 16 Position Papers – Racial Tensions 18 Time after Waveland – SNCC’s New Identity 26 Conclusion 29 Bibliography 32 iii Historiography Research can both answer questions and create them. Initially I discovered SNCC though Taylor Branch’s epic volumes on the Civil Right Movements in the 1960s. Further reading revealed the role of the Student Nonviolent Coordinating Committee (SNCC, pronounced Snick) in the Civil Right Movement and opened the doors into an effective and controversial organization. -
Aspects of the Civil Rights Movement, 1946-1968: Lawyers, Law, and Legal and Social Change (CRM)
Aspects of The Civil Rights Movement, 1946-1968: Lawyers, Law, and Legal and Social Change (CRM) Syllabus Spring 2012 (N867 32187) Professor Florence Wagman Roisman Indiana University Robert H. McKinney School of Law Office Hours: Tuesdays and Wednesday – 11:00 a.m.- 12:00 p.m. Room 385 Roy Wilkins of the NAACP “reminded King that he owed his early fame to the NAACP lawsuit that had settled the Montgomery bus boycott, and he still taunted King for being young, naïve, and ineffectual, saying that King’s methods had not integrated a single classroom in Albany or Birmingham. ‘In fact, Martin, if you have desegregated anything by your efforts, kindly enlighten me.’ ‘Well,’ King replied, ‘I guess about the only thing I’ve desegregated so far is a few human hearts.’ King smiled too, and Wilkins nodded in a tribute to the nimble, Socratic reply. ‘Yes, I’m sure you have done that, and that’s important. So, keep on doing it. I’m sure it will help the cause in the long run.’” Taylor Branch, Parting the Waters: America in the King Years 1954-1963 (Simon and Schuster 1988), p. 849. Welcome to this course in the Civil Rights Movement (CRM). I adore this course, as has almost every student who’s taken it when I’ve taught it before. I have four goals for the course: to increase and make more sophisticated our understanding of what actually happened during the CRM, to consider the various roles played by lawyers and the law in promoting (and hindering) significant social change, to see what lessons the era of the CRM suggests for apparently similar problems we face today, and to promote consideration of ways in which each of us can contribute to humane social change. -
“We Shall Overcome and the Southern Black Freedom Struggle”
“We Shall Overcome and the Southern Black Freedom Struggle” David J. Garrow On October 22, 1945, 1,000 members of Local 15 of the Food, Tobacco, Agricultural, and Allied Workers Union (FTA) went on strike at an American Tobacco Company cigar factory in Charleston, SC, seeking to increase their pay to 30 cents-per-hour. The biracial group of strikers began picketing outside the brick factory building, and in later years surviving participants would recall two African American women, Delphine Brown and Lucille Simmons, as important song leaders who led the strikers in singing. Simmons was a choir member at Jerusalem Baptist Church, and fellow union members would remember her singing a well-known hymn, “I’ll Be All Right,” and altering it to give voice to the striking workers’ own aspirations: “We Will Overcome.”1 1. Robert Shelton, “Rights Song Has Own History of Integration,” New York Times, 23 July 1963, at 21; Robert Sherman, “Sing a Song of Freedom,” Saturday Review, 28 September 1963, at 65-67, 81; “Moment of History,” The New Yorker, 27 March 1965, at 37-39; Josh Dunson, Freedom In the Air: Song Movements of the Sixties (International Publishers, 1965), at 29; Lillie Mae Marsh in Guy and Candie Carawan, Freedom Is A Constant Struggle—Songs of the Freedom Movement (Oak Publications, 1968), at 138; Bernice Johnson Reagon, “Songs of the Civil Rights Movement 1955-1965: A Study in Cultural History,” Ph.D. dissertation, Howard 2 The strike ended without success in April 1946, but one month later, two participants, Anna Lee Bonneau and Evelyn Risher, traveled to the Highlander University, 1975, at 65, 68-75; Caryle Murphy, “The Rise of a Rights Anthem,” Washington Post, 17 January 1988, at G1, G11; Noah Adams, “Tracing the History of the Song ‘We Shall Overcome,’” All Things Considered, National Public Radio, 15 January 1999; Robert R. -
Remembering Martin Luther King, Jr
H-Afro-Am Remembering Martin Luther King, Jr. (April 4, 1968) Discussion published by Shawn Leigh Alexander on Sunday, April 3, 2016 Martin Luther King, Jr. was assassinated 48 years ago today (April 4, 1968). Below is a beginning of a bibliography of books by or about Rev. King. Please add and discuss your own favorites. Lerone Bennett, What Manner of Man; a Biography of Martin Luther King, Jr (Chicago,: Johnson Pub. Co., 1964). Taylor Branch, Parting the Waters: America in the King Years, 1954-63 (New York: Simon and Schuster, 1988). Taylor Branch, Pillar of Fire: America in the King Years, 1963-65 (New York: Simon & Schuster, 1998). Taylor Branch, At Canann's Edge: America in the King Years, 1965-1968 (New York: Simon and Schuster, 2006). James H. Cone, Martin & Malcolm & America: A Dream or a Nightmare (Maryknoll, NY: Orbis Books, 1991). Michael Eric Dyson, I May Not Get There with You: The True Martin Luther King, Jr (New York: Free Press, 2000). Adam Fairclough, To Redeem the Soul of America: The Southern Christian Leadership Conference and Martin Luther King, Jr (Athens: University of Georgia Press, 1987). David J. Garrow, Bearing the Cross: Martin Luther King, Jr., and the Southern Christian Leadership Conference (New York: Vintage Books, 1988). Drew D. Hansen, The Dream: Martin Luther King, Jr., and the Speech That Inspired a Nation (New York: Harper Collins Publishers, 2003). Vincent Harding, Martin Luther King, the Inconvenient Hero (Maryknoll, NY: Orbis Books, 1996). Trudier Harris, Martin Luther King Jr., Heroism, and African American Literature (Tuscaloosa: The University of Alabama Press, 2014). -
By Taylor Branch
P OLITICS AND W ITNESS BY TAYLOR BRANCH From Parting the Waters by Taylor Branch. Copyright 1988 by Taylor Branch. Published by Touchstone, $16.00. Reprinted by FIRST permission of Simon & Schuster, Inc. TROMBONE ate in the afternoon of L Thursday, December 1, 1955, Rosa Parks was arrested in Montgomery, Alabama, for refusing to give up her seat on a public city bus to a white passenger. Over the weekend, leaders of the black community organized a bus boycott to begin on Monday morning. On Monday afternoon, December 5, Martin Luther King, Jr., the young pastor of Montgomery’s Dexter Avenue Baptist Church, was chosen to lead the ongoing boycott and to speak at a mass meeting that evening at the Holt Street Baptist Church. King had less than half an hour to prepare his first political address. AP/Wide World Photos World AP/Wide Martin Luther King, Jr., Holt Street Baptist Church, Montgomery,Alabama, December 5, 1955 SPRING 1999 21 P OLITICS AND W ITNESS Take him, Lord—this morning— He paused slightly longer.“And you know,my friends, there Wash him with hyssop inside and out, comes a time,”he cried,“when people get tired of being tram- Hang him up and drain him dry of sin. pled over by the iron feet of oppression.”A flock of “Yeses”was Fill him full of the dynamite of thy power, coming back at him when suddenly the individual responses Anoint him all over with the oil of thy salvation dissolved into a rising cheer and applause exploded beneath the And set his tongue on fire. -
African-Americans, American Jews, and the Church-State Relationship
Catholic University Law Review Volume 43 Issue 1 Fall 1993 Article 4 1993 Ironic Encounter: African-Americans, American Jews, and the Church-State Relationship Dena S. Davis Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Dena S. Davis, Ironic Encounter: African-Americans, American Jews, and the Church-State Relationship, 43 Cath. U. L. Rev. 109 (1994). Available at: https://scholarship.law.edu/lawreview/vol43/iss1/4 This Essay is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. IRONIC ENCOUNTER: AFRICAN-AMERICANS, AMERICAN JEWS, AND THE CHURCH- STATE RELATIONSHIP Dena S. Davis* I. INTRODUCTION This Essay examines a paradox in contemporary American society. Jewish voters are overwhelmingly liberal and much more likely than non- Jewish white voters to support an African-American candidate., Jewish voters also staunchly support the greatest possible separation of church * Assistant Professor, Cleveland-Marshall College of Law. For critical readings of earlier drafts of this Essay, the author is indebted to Erwin Chemerinsky, Stephen W. Gard, Roger D. Hatch, Stephan Landsman, and Peter Paris. For assistance with resources, the author obtained invaluable help from Michelle Ainish at the Blaustein Library of the American Jewish Committee, Joyce Baugh, Steven Cohen, Roger D. Hatch, and especially her research assistant, Christopher Janezic. This work was supported by a grant from the Cleveland-Marshall Fund. 1. In the 1982 California gubernatorial election, Jewish voters gave the African- American candidate, Tom Bradley, 75% of their vote; Jews were second only to African- Americans in their support for Bradley, exceeding even Hispanics, while the majority of the white vote went for the white Republican candidate, George Deukmejian.