<<

OHA Spring09.qxd:OHA Spring09 3/22/09 9:03 PM Page 1

Spring 2009 Volume XLIII Number 1

oral hiStory aSSociation newSletter

16–second interview clip In this issue leads to defamation lawsuit From the president ...... 2 By John A. Neuenschwander The possibility of being sued for defamatory statements made by an interviewee Letter to the Editor ...... 3 that are in turn published by an oral history program is something that is often on the minds of practitioners. While the actual incidence of such lawsuits is fortu- nately extremely rare, it is nevertheless worthwhile to examine significant court Women of the decisions that offer insights into how an interview can lead to the filing of such a Legislature ...... 3 lawsuit. Although Damon v. Moore involved a famous filmmaker and not an oral history program, the case is still worth examining because the basis for lawsuit was not a false statement per se but the implied association between the political agen- 2009 OHA conference focus: da of a filmmaker and the personal views of an interviewee.[530 F. 3d 98 (C.A. 1 “Moving Beyond the Interview” . . 5 (Mass.) 2008).] In 2004, filmmaker Michael Moore released a documentary titled Fahrenheit 9/11. The film examined the impact that 9/11 had on the nation and how OHA election nominees President George W. Bush used this tragic event as a springboard for the invasion announced ...... 5 of Iraq. The two-hour documentary presented a scathing critique of both the president and the war in Iraq. The film was shown in thousands of theaters across the nation. Salt Lake Tongan community oral (continued on page 4) history project makes progress . . 7

Immigrant oral histories become online curriculum in IMLS grant to Minnesota Historical Society. . . 8

Back in the news: The Nixon tape transcripts ...... 9

In Remembrance ...... 10

Oral history book wins recognition...... 11

News & Notes ...... 12 Skyline of Louisville, , site of the 2009 OHA conference (page 5). OHA Spring09.qxd:OHA Spring09 3/22/09 9:03 PM Page 2

From the president OHA accomplishments to report

Thirty years ago, when I drove down to Our Lady of Mount this represents the growing aca- Carmel’s Senior Center in South Philadelphia to conduct my demic respectability of oral his- very first oral history interview, everything I knew about oral tory and the coming of age of a history I had picked up from a quick visit to the library. Like generation of practitioners, most folks starting an oral history project back then, I more and more of whom have received my training through trial and error in the field. been formally trained in oral his- Today, however, novice oral historians can take advantage of tory theory and methods. Charles Hardy III, West an abundance of training opportunities, including workshops, The Oral History Association, Chester University courses, summer institutes and formal degree programs. too, continues its own growth Oral history grand master Charlie Morrissey, who began and development. In 2005 OHA launched a campaign to raise teaching a well-known workshop series more than 20 years the endowment to $200,000. On March 1, the OHA formally ago, will not be doing so this year. But summer courses avail- met this goal. Due to wise investment by Executive Secretary able this year include the 16th annual Madelyn Campbell, the OHA had no money in stocks or Oral History Research Office Summer Institute, the 15th bonds, so the association has escaped the losses that many other annual Legacy Oral History Program workshop in San nonprofits and professional organizations have suffered. The Francisco, the ninth annual Ohio Humanities Council association’s endowment and healthy finances have enabled us Summer Institute and the Regional Oral History Office at to make significant increases to the funding of scholarships for the University of California, Berkeley advanced oral history both American and international presenters and attendees at the workshop back after a year’s hiatus. 2009 annual meeting in Louisville. For those interested in more intensive training, two new At its mid-winter meeting in February, Council approved a M.A. programs have recently opened their doors: a Masters in new Vox Populi Award for outstanding achievement in the col- Oral History and Historical Memory offered under the direc- lecting and use of oral histories of individuals whose life work tion of Alistair Thomson at Monash University in Australia and has contributed to change for a better world. The award has an Oral History Master of Arts, co-directed by Mary Marshall been funded by a generous donation from the Stetson Kennedy Clark at Columbia University, the first school in the nation to Foundation. The OHA will present the first biennial award at offer such a program. These join two other programs, both in the 2010 annual meeting in Lowell, Mass. Great Britain, with which I am acquainted: an M.A. in Life Revision of the Oral History Association’s guidelines for History Research: Oral History and Life Story Documents at oral history interviewers, narrators and repositories also pro- the University of Sussex and an M.A. in Life History Research ceeds on schedule. A committee chaired by Tracy K’Meyer offered by London Metropolitan University. has pared down the lengthy Oral History Association Recent years have also witnessed the birth of new oral his- Evaluation Guidelines into concise General Principles and Best tory organizations and of oral history conferences held in Practices for Oral History, a draft of which will soon be posted China, Italy, the Netherlands, Panama, Poland, South Africa on the OHA Web site for comment and review. The commit- and elsewhere, which have explored themes ranging from tee will present the final draft to membership for a vote at personal narrative and trauma to gender identity and libera- the OHA business meeting in Louisville. tion movements. Last September more than 400 people At the mid-winter meeting, Council also approved hiring attended 62 sessions and five panels at the 15th International Marjorie McClellan, a longtime OHA member, co-chair of the Oral History Conference, held in Guadalajara, Mexico. In 2008 annual meeting program committee and a professor of October, as I noted in my last column, nearly 500 people history at Wright State University, as editor of the OHA Web attended the OHA’s 2008 annual meeting in Pittsburgh. site. We are delighted that Margie has agreed to serve as edi- A growing number of publications and book series, only a tor, a position that requires a deep knowledge of oral history few of which I will mention here, also provide evidence of the and of the Internet, both of which Margie possesses. Please breadth and richness of oral history studies. We have the won- take a look at the Web site. Margie already has begun to post derful Palgrave Studies in Oral History edited by Linda Shopes workshops, conferences and other events, and is actively work- and Bruce Stave and a growing list of titles published by a num- ing with OHA committees to build more content. Meanwhile, ber of presses, including Routledge and AltaMira, which has Doug Boyd continues to work on an ambitious video-based recently reissued the 2006 Handbook of Oral History in two vol- introduction to field recording equipment and its use, which umes. Oxford University Press has begun a new series in oral we hope to post on the Web site this spring. history edited by Kathy Nasstrom and Todd Moye. It also is I’ll end this column with a few words on the upcoming annu- publishing John Neuenschwander’s A Guide to Oral History and al meeting, which will take place in Louisville, Ky., in October. the Law—an updated and expanded version of his essential Kentucky has long been the center of significant work in oral OHA pamphlet Oral History and the Law—and a new Oxford history. Indeed, it is the only state in the nation with its own handbook on oral history, edited by Don Ritchie. This year, oral history commission. Mike Frisch, Alicia Rouveral, Mark John Benjamins Publishing in Amsterdam is releasing Oral Tebeau and other members of the program committee are put- History: The Challenges of Dialogue, a new collection of essays ting together a program that covers an impressive variety of edited by Marta Kurkowska-Budzan and Krysztof Zamorski, topics and approaches to oral history. I look forward to seeing who teach at Jagiellonian University in Krakow, Poland. All of you there. v

Spring 2009 2 OHA Newsletter OHA Spring09.qxd:OHA Spring09 3/22/09 9:03 PM Page 3

Letter to the Editor By Alexander Freund, Chair in German-Canadian Studies, Department of History, University of Winnipeg

“StoryCorps founder evokes strong viewing as “an act of love”), because apparently new phenomenon of public emotions,” reported the latest OHA this is where a discussion among oral (digital) storytelling: In what ways is Newsletter (Winter 2008, p. 5), historians may begin. Other responses StoryCorps connected to similar non- Sdescribing David Isay’s presentation of at the meeting (and early responses to profit enterprises as well as for-profit interview excerpts that “tugged at audi- StoryCorps on H-Oralhist in 2003) businesses such as the History Channel, ence members’ heartstrings.” I was not pointed out that StoryCorps did not do how is it connected to the blossoming at the conference, so I cannot comment good oral history or any oral history at and commercialization of “eyewitness on the presentation, but I want to take all. These are important critiques and testimony,” how is it linked with digital this report as a springboard to begin a in their specificity (e.g. regarding culture such as YouTube and Facebook? discussion about oral historians’ ethics) should be taken seriously by We need to research this phenomenon’s response to StoryCorps and the larger StoryCorps. origins and development and assess phenomenon of which it is a part. But this response, important as it is, where it may be headed. And we must The author of the report pointed out is not sufficient. Rather than worry too look at the larger social and cultural the centrality of emotion at the session: much about StoryCorps’s method, we context: Why, for example, is there an the emotionality of the presentation should wonder about its impact on cul- apparent new urge in some countries to and of the audience’s response. There is ture and society. Thus, the question we testify to an anonymous public, a public no question that emotion plays an should ask is not whether this is good that appears to consume stories like fast important role in history--history is an oral history, or whether it is oral histo- food? How does this kind of testimony, emotionally charged project. Emotion ry, or even whether it is history at all. in a global context, affect other forms shaped the past and it shapes how we Rather, the question is this: What kind of testifying? make sense of the past, both as produc- of history does StoryCorps produce and Let me use an example to make this ers and consumers of history. To be what does this kind of history do to approach to examining StoryCorps et al. moved by stories of hardship, love and people and society? This question shifts more concrete. On Feb. 12, 2009, pain is an understandable response. the focus to an apparently growing Storycorps.com featured “10-year-old But as academics, and as citizens, we social phenomenon that is in dire need Ida Cortez talk[ing] about her dyslexia must also ask difficult questions. I was of scholarly examination--and oral his- with her mother, Kim Wargo.” There is therefore heartened to read about torians seem to be highly qualified to no question that we need to ask about Sherna Berger Gluck’s intervention conduct such an examination. the ethical implications: did the child, (critiquing both the voyeurism of the Such an examination may begin by her mother, and StoryCorps compre- excerpts and Isay’s approach to inter- assessing the nature and scope of this hend the potential ramifications of going (continued on page 6) Women of the Oklahoma Legislature By Tanya Finchum, Oklahoma State University

The Women of the Oklahoma Legislature Oral History Project 2009, 46 of these remarkable women have shared their stories Web site (www.library.okstate.edu/oralhistory/wotol) was as part of the project. Photographs of all 77 women were officially launched during an event at the Oklahoma Capitol located and are now included on the Web site. It is believed Ton Feb. 26, 2009. Between 1907 and 2008 only 77 women this is the first time a complete collection of photographs of have been elected to the Oklahoma Legislature with the first all Oklahoma women legislators has existed in one location. two women being elected in 1920. Attending the Web site Conducting background research for the project proved launch were 15 former women legislators all 17 current legis- challenging in part because very little has been written about lators, and special guests. these women and in part because women’s names change due The program included an overview of the project by proj- to changing marital status. Of the 77 women legislators, 20 ect leader Tanya Finchum, associate professor and oral history are known to have died, three have not been located, eight are librarian at Oklahoma State University, and a demonstration yet to be interviewed and 46 have been interviewed. Two of by the Web site creator, Juliana Nykolaiszyn, visiting assistant the 46 interviewed live in the Washington, D.C., area and the professor and oral history librarian. The Web site includes rest live in Oklahoma. In 1920 the first two women were transcripts, audio excerpts, photographs and memorabilia col- elected, one to the Senate and one to the House of lected as a result of interview efforts. Representatives. These two pioneering women paved the way The oral history project was developed in 2006 and carried for future women to be viewed as legitimate contenders for out over two years. A goal of the project was to capture and legislative seats. Six more women were elected in the 1920s, record information about women who have served or are cur- but no women were elected in the 1930s and again in the rently serving in the Oklahoma Legislature. As of February 1950s. Three women were elected to the House in the 1940s. (continued on page 8)

OHA Newsletter 3 Spring 2009 OHA Spring09.qxd:OHA Spring09 3/22/09 9:03 PM Page 4

Defamation lawsuit continued from page 1 Like most of Moore’s documentaries, Fahrenheit 9/11 pres- Veteran: (in wheelchair) To say that we’re forgotten—I ents numerous short interview clips with a wide variety of know we’re not forgotten. But missed? Yes. Yes, you know individuals. One of these interviewees, Army Reserve Sgt. there’s a lot of soldiers that have been missed, you know, Peter J. Damon, is shown lying in a hospital bed at Walter they’ve been skipped over. Um, that didn’t get the proper Reed Army Medical Center in Washington, D.C., awaiting coverage that they deserved. surgery for serious wounds suffered in Iraq. Damon was there Veteran: They have the death toll but they‘re not showing because he lost both of his arms after a tire on a Black Hawk the amount of people that have been injured and been ampu- helicopter he was servicing exploded. The only statement he tated because of the injuries, you know. makes during his brief appearance in the documentary is Subtitle: (Nearly 5,000 soldiers wounded in the first 13 about the benefits of a new drug that he was receiving to help months of the war.) block his pain. Damon: Like I still feel like I have hands. The interview with Sgt. Damon was not, however, conduct- Voice: Yeah. ed by anyone connected with Michael Moore. It was actually Damon: And the pain is like my hands are being crushed in a recorded by NBC anchorman Brian Williams on Oct. 31, vice. But they do a lot to help it. And they take a lot of the edge 2003, and broadcast on the Nightly News. The 30-second off it. And it makes—it a lot more tolerable.” [Id. at 101-02.] interview conducted by Williams consisted of the following After seeing the documentary, Sgt. Damon filed suit in questions and answers: Massachusetts for misappropriation of name and likeness, “Brian Williams: Sergeant, how are you doing? intentional infliction of emotional distress and defamation as Damon: Pretty good. well as several other causes of action. His case was ultimately Corporal Nelson: The stories get more wrenching from removed to the U.S. District Court for Massachusetts where room to room. Sergeant Peter Damon from Brockton, Moore’s motion to dismiss was granted on all counts. Damon Massachusetts, lost both arms. subsequently appealed the decision of the trial court to the U.S. Damon: Like I still feel like I have hands. Court of Appeals for the First Circuit. The only cause of action Corporal Nelson: Yeah. that the First Circuit considered was whether Damon was able Damon: And the pain is like my hands are being crushed in to support his lawsuit for defamation based on Moore’s use of a vice. But they do a lot to help it. And they take a lot of the his 16-second interview clip in Fahrenheit 9/11. edge off of it. And it makes—makes it a lot more tolerable, Damon’s defamation claim was based on false portrayal. He you know, so I can just be a lot more comfortable. I—I can’t maintained that because Fahrenheit 9/11 was so critical of imagine not having them. both the commander-in-chief and the war in Iraq, his non- Brian Williams: And one more thing, if you’re looking for consensual appearance in the film created the false impression anti-war sentiment, you won’t find it on Ward 57 of Walter among active members of the military and veterans that he Reed. These men, with catastrophic wounds are, to a man, shared and endorsed Moore’s political point of view. completely behind the war effort. In fact, many want to go Under Massachusetts law, a person claiming to be defamed back. They miss their units, and they miss their buddies. It is must be able to prove three elements: the defendant was at hard to look at their wounds sometimes. It is impossible not fault for the publication of the false statement, the statement to admire their bravery.” [Id. at 101.] was capable of damaging the plaintiff’s reputation and the While Moore received permission from NBC to use the plaintiff either suffered economic loss from the defamation or interview, he did not secure Damon’s consent. Moore ulti- that the type of statement involved did not require a showing mately used only 16 seconds of the interview in Fahrenheit of loss. 9/11 and inserted it into the portion of the documentary that Since Damon was appealing the trial court’s dismissal of his addressed the Bush administration’s shabby treatment of cause of action for defamation, the First Circuit Court of wounded veterans: Appeals focused on one central question, namely, whether “Moore: While Bush was busy taking care of his base and Moore’s use of Damon’s interview in his documentary was professing his love for our troops, he proposed cutting com- susceptible to defamatory meaning. The test to be used in bat soldiers pay by 33% and assistance to families by 60%. He answering this question was whether a reasonable viewer opposed giving veterans a billion dollars more in health care would conclude that the statement was defamatory. Damon benefits, and he even supported closing veterans hospitals. He also maintained that under Massachusetts law, the application tried to double the prescription drug costs for veterans and of the reasonable viewer test should not be to the general opposed full benefits for part-time reservists. And when Staff public but instead to the segment of the community that he Sargent [sic] Brett Petriken from Flint was killed in Iraq on was most closely identified with, namely active members of May 26th, the Army sent his paycheck to his family but they the military and veterans. docked him for the five days of the month he did not work The First Circuit undertook two reasonable viewer analy- because he was dead. ses. The first one focused on a general audience. The court Rep. McDermott: They said they’re not gonna leave any noted that Damon’s interview clip appeared in the segment of veteran behind, but they’re leaving all kinds of veterans the film that discusses wounded veterans. While the two vet- behind. erans who come before him do offer criticisms of the medical (Video of Walter Reed Hospital) treatment, neither one “…makes any remark which could be (continued on page 6)

Spring 2009 4 OHA Newsletter OHA Spring09.qxd:OHA Spring09 3/22/09 9:03 PM Page 5

surveying its cultural documentation 2009 OHA conference focus: and community engagement through radio, film, theater, music and “Moving Beyond the Interview” exhibits—because collecting and By Michael Frisch, OHA President-Elect mobilizing oral history is at the core of every aspect of this work and has On behalf of program co-chairs Alicia • We’re broadening the menu of pre- been for the 40 years of practice we Rouverol and Mark Tebeau, I’m pleased conference OHA workshops by will help Appalshop to celebrate. to offer this overview of the OHA offering several “community collab- • A special opening reception and Omeeting we’re planning for Louisville, oratives”—hands-on engagements panel will pay tribute to the late Ky., Oct. 14-18. As is customary, we’ll with one or more Kentucky projects Studs Terkel, who taught us all what have a detailed preview of program presenting challenges worth explor- “doing something” with oral history and features in the August OHA ing collaboratively in an afternoon’s can mean, and do! The panel will Newsletter. workshop. feature NPR journalist Bob Edwards Our theme is “Moving Beyond the • Our Presidential Reception will fea- and will likely be hosted at the radio Interview”—all the issues encountered ture an expansive “Community stations of Louisville Public Media. when “doing something” with the Commons” in which Kentucky The Friday luncheon speaker is John materials oral historians collect. As it projects can display and explore Kuo Wei Tchen, who will discuss happens, oral historians in Kentucky work with attendees. The event will oral history in the dramatic new have been working this theme more likely be at the Frazier Museum of Maya Lin-designed Museum of intensively than just about anywhere International History, which will Chinese in America (MoCA) in New else in the country, from the have just opened a major World York City and in the digital MoCA Appalachian coalfields to the multicul- War II exhibit based on extensive he is helping the museum to launch. tural complexity of Louisville, from oral histories. • Special tours will be more than bluegrass music to the world of • Two Saturday plenary events will cen- excursions. Each will offer substan- Kentucky bluegrass horse farms and ter squarely on our theme. One fea- tive engagement with crucial dimen- racing. Kentucky is the only state with tures Shannon Flattery, an interna- sions of the local and regional set- a formal Oral History Commission, tionally renowned artist whose ting, ranging from Kentucky Downs guiding ambitious projects in commu- “Touchable Stories” projects involve to the world of bourbon to the daz- nities across the state. In Louisville community engagements turning zling new Muhammad Ali Center. OHA comes to a city, region and state story-gathering and oral history into There’s a lot more, all in addition to that perfectly match our theme and that collective, collaborative installations the heart of the meeting—what is shap- provide a wealth of resources to enrich (www.touchablestories.org). The ing up as a very impressive program of the meeting experience. culminating Saturday evening plenary papers and sessions reflecting on work Every OHA meeting offers local and will be Appalshop, the Whitesburg, from around the country and the world. regional connections, but for Louisville Ky., activist media workshop that has Stay tuned for more details in the August this relationship shapes the content of no oral history section on the remark- Newsletter, but make your plans now to the meeting in organic ways: able Web site (www.appalshop.org) join us in Louisville this October! v

OHA election nominees announced

The Oral History Association Nominating Committee FOR POSITION ONE: announces the following candidates for election to the posi- • ALPHINE W. JEFFERSON, Randolph-Macon College, or tions of first vice president and two OHA Council seats. • ROSE DIAZ, Origins and Legacies Historical Services Nominated for first vice president is HORACIO ROQUE FOR POSITION TWO: RAMÍREZ, University of California, Santa Barbara. • NAN ALAMILLA BOYD, San Francisco State University, or NOMINATED FOR COUNCIL POSITION ONE ARE: • DEVRA WEBER, University of California, Riverside • CLAYTEE WHITE, University of Nevada, Las Vegas, and FOR POSITION THREE: • IRENE RETI, University of California, Santa Cruz • TROY REEVES, University of Wisconsin, or NOMINATED FOR COUNCIL POSITION TWO ARE: • SUSAN L. MCCORMICK, SUNY Albany • DOUG BOYD, University of Kentucky Libraries, and OHA members in good standing will receive biographical • BETH MILLWOOD, University of , information, candidate statements and mail ballots this summer. Chapel Hill. Additional nominees for officers, council members and OHA members also will elect three members to serve two- Nominating Committee members may be made as provided year terms on the Nominating Committee. Members will vote in the OHA bylaws. Nominees must be dues-paying members for one person for each of the three seats. The candidates are: of the organization. v

OHA Newsletter 5 Spring 2009 OHA Spring09.qxd:OHA Spring09 3/22/09 9:03 PM Page 6

Letter to the Editor continued from page 3 public with this information? We also the brain.” This, to me, seems to be the narratives that uphold structures of need to point out that information about way StoryCorps and its users understand social inequality? Or is storytelling the the making of this tightly scripted and this genre of storytelling. “Storytelling new “opium of the people” that dulls neatly performed interview is needed to makes the world a better place” may be the pain of poverty, unemployment, evaluate it in any meaningful way. But the overall message here. What, howev- racism and discrimination by telling next to questions about the opaque rela- er, is the message for the dyslexic 10- each other heartwarming tales of perse- tions of power at work in this story- year-old whose mother is not, like Ms. verance, endurance and survival in the telling event, we also need to ask what Wargo, an avid reader but working three name of the “American Spirit?” Is sto- this storytelling event tells us about the jobs to make ends meet; who does not rytelling the outgrowth of America’s old social relations of power that enabled it have Ida’s middle-class family support; liberal ideology of “life, liberty, and the in the first place. And, vice versa, we and who ends up dropping out of school pursuit of happiness” or is it a product need to ask how social relations of power or at least without the love for reading of a neo-liberalism that champions are affected by this storytelling event. that Ida found? Well, the lesson may be: responsibility for one’s life, but not for One, admittedly hasty, reading of Ida’s It was in your hands, and you messed it the greater good? Does storytelling story is to see it as an act of agency and up. You cannot blame society, because all produce or prevent social critique? even empowerment. StoryCorps is the of these success stories on StoryCorps I believe that oral historians need to enabling mechanism for Ida and Kim to prove that you can succeed if you just address StoryCorps and the growing testify about their successful struggle work hard enough. tide of (digital) storytelling—not as a with dyslexia and to enlighten the public Is storytelling then a new form of threat to our own projects, but rather as that dyslexia, in Ida’s words, “is not an agency for the oppressed and marginal- a phenomenon to be historically situat- illness of the brain but a difference of ized, a way to undermine the master ed and critically investigated. v Defamation lawsuit continued from page 4 construed as critical of the President or the war aims of the sent to use his interview in Fahrenheit 9/11, for example, is an United States.” [Id. at 105.] In Damon’s interview clip, he almost unheard of omission by oral historians. Although actually offers a positive view of how well the doctors at Damon’s unwitting inclusion did not become a significant Walter Reed Army Medical Center were managing his pain. legal issue, it certainly helped motivate him to file a lawsuit. In assessing whether a reasonable viewer would consider What is not so far removed is the increasing number of the association with Moore to be defamatory, the First Circuit media productions on controversial or hot-button topics that noted that Damon was just one of approximately 50 individu- oral historians are undertaking. The possibility that an inter- als who appeared in the documentary. In his case, the two vet- viewee might one day be unhappy enough about being erans who preceeded him espoused no anti-Bush or anti-war included in such a media production that he or she files a law- sentiments, and there is simply nothing express or implied suit is therefore not as remote as it might seem. Another fac- that suggests that Damon knowingly associated with Moore’s tor to consider in this regard is the availability in some states political agenda. The final factor in the court’s determination of a cause of action known as false light, which actually is was the realization that it is quite common for individuals to much closer to the type of injury that Sgt. Damon was claim- allow their interviews to be included in publications or broad- ing. To prove a false light claim, the statement at issue does casts whose point of view they do not share. not have to be false as it does for defamation. The statement The First Circuit then conducted what it termed a instead only has to be highly offensive to a reasonable person. “Reasonable Military Viewer Analysis.” In doing so the court Since there was nothing false about Moore’s presentation of conceded that the military has long been recognized as “…a Sgt. Damon’s interview, his lawyers would doubtless have specialized society separate and apart from civilian society.” included a false light claim if they could have. They could not [Id. at 107.] As such, individuals with military backgrounds do so, however, because the Massachusetts Supreme Court might well view certain situations differently than the general refuses to recognize the privacy tort of false light as viable public. The First Circuit also agreed with Damon that he was cause of action. [Fox Tree v. Harte-Hanks Communications an active member of the military when Fahrenheit 9/11 was Inc., 398 Mass. 845, 848-49 (1986).] At least 10 other states released and that his ties to the military remained strong after also bar the filing of a lawsuit for false light. This last point he suffered his injuries. Despite these special circumstances, underscores how variations in laws and legal doctrines among the court came to the same conclusion that it reached regard- the states can have a significant influence on the types of law- ing the general public, “no reasonable member of the military suits that may be filed. In Moore’s case, for example, not hav- or veteran community could possibly view Damon’s appear- ing to defend against a claim for false light made his task con- ance in the documentary as being disloyal to the United siderably less difficult. v States.” [Id. at 108.] The trial court’s dismissal of Damon’s defamation claim was affirmed. Editor’s Note: John A. Neuenschwander is professor The facts of this case may seem quite far removed from the of history emeritus at Carthage College, Kenosha, Wis. types of publications and media productions that most oral He is also the author of Oral History and the Law. historians undertake. Moore’s failure to secure Damon’s con- Spring 2009 6 OHA Newsletter OHA Spring09.qxd:OHA Spring09 3/22/09 9:03 PM Page 7

I am particularly fascinated by how people think about their social and Salt Lake Tongan community geographic locations, and how they articulate these nuanced understand- oral history project makes progress ings, including the words chosen to convey this information to others. (In By Susan J. Wurtzburg, University of Utah previous work, I have discussed the Samoan Diaspora in New Zealand Tongan immigrants in Salt Lake City The questions elicited basic biograph- [Wurtzburg 2004], and access to justice described the challenges of dealing with ical facts, including health, education, for Christchurch Polynesians dual identities as Americans and as work, significant dates, locations and [Wurtzburg 2003].) Many of the TTongans in a University of Utah oral his- family members. Interviewees were migration interview questions are rele- tory project, “Tongan Journeys: A History encouraged to provide stories about sig- vant to considerations of ethnicity. of the Tongan Community in Utah.” nificant events in their lives. The aim Some people expounded at consid- Funded by the Bennion Center, the was to obtain glimpses into the unique erable length on the topic of ethnicity, Utah Humanities Council and the Utah characteristics and understandings of while others spoke briefly. For exam- Division of State History, the project each person interviewed. Particular ple, Salote Wolfgramm stated, “I am a began in August 2006 and grew out of my emphasis was devoted to enquiring citizen [of the US] but … I am a collaboration with Fahina Tavake-Pasi, about the move to Utah, although one Tongan,” accompanied by a lilting executive director of the National Tongan study participant was born here. laugh. Her tone seemed to acknowl- American Society of Utah (NTAS) in Salt Fitting with this concept of life as a edge the complicated layers underly- Lake City. The initiative is truly a com- journey, people were asked to define ing the seemingly straightforward munity-based research project. Tavake- their own ethnicity and to describe the acquisition of passports and incorpo- Pasi and Ivoni Nash, NTAS programs important traits for maintaining Tongan ration of a new national identity. director, initially articulated the primary identity. Everyone was encouraged to Andrew Kealoha Langi described the goal, based on their knowledge of com- discuss Anga Fakatonga, the Tongan differences between his contemporary munity needs, of recording life histories belief system, or Tongan way of life, and Utah experiences and his recollections of Tongan community members. NTAS to consider whether their family main- of Tongan childhood, where “there’s a is a Salt Lake City nonprofit organization tains traditional practices in Utah. real structure to the community and founded in 1995. The agency’s strong Pondering on tradition provided a natu- everybody knows their place and … links to the Oceanic diasporic communi- ral segue into conceptions of gender, what they’re supposed to do. If every- ties here are reflected by the range of and people’s thoughts about fakaleiti, one is doing their job, then every- health, educational and legal services pro- Tongan men who dress and/or behave as thing will run smoothly. Versus over vided to Utah Polynesians. women, a generally accepted convention here … everybody does what they The oral history project began as a in the islands. This discussion in turn want.” service-learning initiative associated led into a debate about child socializa- People noted additional contrasts with my gender and social change tion, if the interviewee was a parent. between Utah community norms and course at the University of Utah, Salt The final interview product was a fairly those that prevailed in Tonga. 'Alama Lake City. For several semesters, from complete migration history, although in 'Uluave said that “your eyes are accus- autumn 2006 to spring 2008, students some cases, with elderly community tomed to seeing [the] blue ocean, and enrolled in the class provided service to members, the number of questions was the wide open sky, and brown people, the NTAS, which sponsored the project. limited in the interests of not overtaxing and dark haired people. And people In addition, several Tongan students people. who sound like yourself. And then to also volunteered their time during the Despite the somewhat haphazard come to ‘happy valley’ Utah in 1973, summer of 2007. Thirteen university nature of the interview selection there was nothing more white in the students and community members have process, we were pleased to discover US of A than Provo, Utah County.” been trained in research methods, ethics that we had obtained some gender, age These evocative images provide and equipment operation and have con- and geographical range of experiences insights into the challenges of integrat- tributed significantly to the project among the people interviewed. Eleven ing into a new community when you The first project interview occurred men with birthdates ranging from 1915- are visibly different from most of the in September 2006. By May 2008, 19 1984 and eight women with birthdates people around you. Tongans had contributed their voices ranging from 1915-1970 provided their Many people commented on the and insights to the project archive. voices to the project. Everyone was born importance of the Tongan language for Tavake-Pasi and Nash invited communi- in Tonga except for one of the younger maintaining a Tongan identity. Siosaia ty elders to participate. women and one of the younger men, K. Tuha said that “[being Tongan The semi-structured interviews focused who were born in the United States. involves] the language, and Tongan cul- on the topic of relocation and adjustment, The Tongan-born individuals were from ture—like dancing and singing.” and the interviews were designed to all of the three main island groups, Language is often fundamental to an obtain a migration history from each of reflecting fairly complete geographical individual’s ability to establish himself the Salt Lake Valley participants. coverage of the Tongan archipelago. or herself comfortably in a new country (continued on page 9)

OHA Newsletter 7 Spring 2009 OHA Spring09.qxd:OHA Spring09 3/22/09 9:03 PM Page 8

Immigrant oral histories become online curriculum in IMLS grant to Minnesota Historical Society By James E. Fogerty, Minnesota Historical Society

While the Minnesota Historical Society’s Oral History Office views available for education. Access to these collections has is best known for its projects on agriculture, the resort indus- been limited to on-site consultation in the library at the try, environmental issues and business, it has also assembled a History Center in St. Paul, and the interviews are available to Wmajor collection of projects dealing with the history of new users in audio formats that can be challenging to use in a immigrants to the state. classroom setting. Finally, teachers require curriculum pack- In 1992, the MHS launched its first oral history project on ages that they can incorporate into their classrooms with few recent immigration in cooperation with the India Association of modifications since they do not have significant time to devel- Minnesota. The narrators in that project, chosen with an eye to op such materials. diversity of birthplace in India and religion, provided remarkable With a $248,000 grant from the Institute for Museum and perspective on their lives and on the many facets of adjustment Library Services (IMLS) MHS will create a Web-based prod- to American life and culture and to settlement in Minnesota. uct that focuses on the immigrant oral history collections, The success of that project, and the rich historical information it packaged for teachers and students and meeting Minnesota provided, launched a joint effort of the society and the India social studies standards. The grant runs from Jan. 1, 2009, association to ensure ongoing documentation of Minnesota’s through Dec. 31, 2010. In collaboration with immigrant important and growing Indian community. The society and IAM groups and educators, oral history excerpts will be selected completed their fifth oral history project in 2006. based on their relevance to the education standards and The India oral history projects sparked interest in the copied to a digital format that can be easily downloaded by Hmong, Cambodian (Khmer), Tibetan and Somali communi- teachers and students using current technology. ties, each of which has established a major presence in The Web site will provide easy access to 250 full immigrant Minnesota. The society has completed oral history projects in oral narrative transcripts as well as to a selection of approxi- all of these communities dealing with issues of gender, accul- mately 100 digitized audio excerpts through a searchable turation, religion, education and cultural retention. These database. These will be integrated into lesson plans and activ- interviews, together with the Indian projects, form the basis ities that can be used in a classroom setting. Teachers and stu- for the proposed digitization project. dents will have the opportunity to learn about an important In preparing for the project, the society staff conducted aspect of Minnesota history and broaden their perspectives on focus groups with elementary and secondary school teachers the ethnic and cultural diversity of the state. and with members of the immigrant communities. Both For more information contact James E. Fogerty groups expressed interest in having material from the inter- ([email protected]). v

Women of the Oklahoma Legislature continued from page 3

The 1960s saw five women legislators elected, including the the chambers is geared for men in three-piece suits. first African-American woman elected to the House in 1968, Experiences on the campaign trail are shared by many of the who was interviewed for the project. Since the 1970s, women narrators and offer insight into various strategies and com- have been elected in larger numbers, but are still a minority. mon themes. Commitment to serve constituents in their dis- Most of the women legislators have been members of the tricts, the people of the state of Oklahoma and the citizens of Democratic Party and more have served in the House of the United States to the best of their abilities is the primary Representatives than in the Senate. Two of these women legis- characteristic of these women of the Oklahoma Legislature. lators have gone on to become lieutenant governor of The interviews last an average of an hour and a half with Oklahoma and one is now serving in the U.S. Congress, the the narrators having the opportunity to edit their transcripts. second woman to do so from the state. Gathering oral histories provides an opportunity to pursue Geography and the women’s stage of life appear to be the answers to questions left silent in what little archival materials major factors affecting the number of women entering the exist for these women. Taken individually, these interviews legislative arena. The urban areas of and reflect the careers and interests of the legislators; taken col- Tulsa and, to some extent, Norman, have produced more lectively they constitute a narrative of the role of women in women legislators than rural areas. While these women have the Oklahoma Legislature over time. arrived at the Capitol by various paths, many come as educa- The Women of the Oklahoma Legislature Oral History tors, lawyers and government service workers. Project is only one of the projects underway at the Oklahoma Listening to the stories of women who served in different Oral History Research Program, which was formally estab- decades illuminates how some things have changed and how lished in 2007 by the Oklahoma State University Library and others remain the same. Commonly mentioned was the need will continue to gather the cultural and intellectual heritage for warm clothing during sessions because the temperature in of the state through oral histories. v

Spring 2009 8 OHA Newsletter OHA Spring09.qxd:OHA Spring09 3/22/09 9:03 PM Page 9

Back in the news: The Nixon tape transcripts By Donald A. Ritchie, Senate Historical Office

Fifteen years after his death, Richard out of proportion with front-page play, Lyndon B. Johnson’s meetings and M. Nixon is still stirring controversy allowed an attack on a respected histo- phone calls. Not only have archivists through his surreptitiously recorded rian’s integrity without evidence to sup- criticized the scholars who transcribed Ftaped conversations. Although the port it, and left readers to wonder if and published the recordings, but fault- Nixon tapes come closer to electronic there was anything here that would ed the reviewers of those books for not eavesdropping than to oral history, the change our understanding of the scan- listening to the tapes to confirm the latest debate contains significant impli- dal that ended Nixon’s presidency.” By accuracy of the published versions. cations for oral historians. then, the History News Network Oral historians know from experi- On Sunday, Jan. 31, 2009, the New (HNN) had also picked up the story, ence that transcription is an art rather York Times printed an article on its with a number of scholars writing in than a science. Different transcribers, front page with the headline: “John Professor Kutler’s defense, and those no matter how well trained, will hear Dean’s Role at Issue in Nixon Tapes who made the initial charges reiterating things differently, use punctuation dif- Feud.” The reporter recounted accusa- their position. The controversy gener- ferently, and reproduce nonverbal tions by a group of Nixon revisionists ated much more heat than light. utterances differently. Oral history who argue that published transcriptions Who should have prepared the tran- projects generally try to compensate of the Nixon tapes included “significant scripts? Several presidential libraries for this by allowing interviewees to omissions and misrepresentations,” and within the National Archives system read and correct their transcripts. that these errors tended to minimize have released hundreds of tape recorded Interviewees can thereby fix errors John Dean’s role in the cover up of the presidential telephone calls and other made by the transcriber or by them- Watergate burglary. In particular, they conversations, but each has concluded selves, so that the recordings become a complain that Stanley Kutler’s book, that it would be too costly and time record of what they said, and the tran- Abuse of Power: The New Nixon Tapes consuming to transcribe them and that scripts of what they intended to say. (1997) had conflated two separate there were too many problems with the Oral history archives range from Nixon-Dean conversations that quality of the tapes to produce defini- those that transcribe everything to occurred in the morning and the tive transcripts. The burden for tran- those that transcribe none of what they evening of the same day. A retired scribing these tapes, for those seeking record. Those declining to transcribe, archivist from the National Archives to publish them, has therefore fallen on whether for reasons of cost or philoso- told the reporter that he had spent 12 the scholars. Stanley Kutler not only phy, at least now have the technology to years listening to the tapes and did not had to sue to get access to the tapes but make digital recordings word searchable think that anyone could have mistaken then had to hire court reporters to tran- for easier access to information. But the two recordings as being part of the scribe them, at his expense. they ought not try to have it both ways. same conversation, concluding that the Having ceded this responsibility to If they relinquish the burden of tran- error must have been “deliberate.” the scholars, it seems disingenuous for scribing to others, they have to expect Most likely the recent Hollywood those who processed and cataloged the that others are going to hear things film Frost/Nixon contributed to the tapes to now present themselves as their own way. They are going to have reporter’s interest in the story and the authoritative critics of their use. Yet to relinquish the notion of being editor’s decision to give it such promi- beyond the Nixon tapes, similar accusa- guardians of the interpretation of those nence. A week later, however, the tions of inaccurate transcripts have been recordings. As Richard Nixon would Times’ ombudsman ran a column judg- leveled by archivists against published say, you could do that, but it would be ing that: “The Times blew the dispute transcripts of John F. Kennedy’s and wrong. v

Salt Lake Tongan community oral history project continued from page 7 or region. Linguistic skills have impli- of their children and whether parents The Tongan History Project has cations for finding employment, contin- and children understand both lan- achieved some local success with the uing with educational goals and com- guages. Taniela Pasi said that “[many collection and curation of 19 people’s pleting daily tasks, such as visiting the young Tongans] understand English but stories. The goal is to continue inter- grocery store or communicating with they don’t know how … to talk viewing to further enlarge the archive. children’s teachers. An additional con- Tongan.” This is an ongoing issue for The current set of digital recordings cern for English-as-second-language many minority community members and transcripts will eventually be placed immigrants relates to their socialization living in the United States. in the Utah State History Archives. v

OHA Newsletter 9 Spring 2009 OHA Spring09.qxd:OHA Spring09 3/22/09 9:03 PM Page 10

In Remembrance... Noel J. Stowe

Noel J. Stowe, a founding member of the National Council was SOHA’s president in 1992-93. Stowe’s professional on Public History and activist in the Oral History involvement also included active membership in the Association, died Dec. 13, 2008, of cancer. He was 66. Organization of American Historians, the American Stowe spent most of his career at Arizona State University Historical Association and the American Association for State where he founded the public history program that earned and Local History. national and international recognition. He also was active in Stowe was the author of three books and more than a state and local historical organizations in Arizona and won dozen published articles and over the years directed more numerous awards for his dedication to documenting and pre- than $1 million in grant-funded projects. He also directed serving Arizona history. more than 50 graduate theses and dissertations at Arizona In the 1980s, Stowe was active in the Oral History State, and his former students now run university public his- Association and served on the executive board of the tory programs and work in museums, historical societies and Southwest Oral History Association from 1989 to 1994. He archives around the country. v Remembering Studs Terkel By Al Stein On Oct. 31, 2008, Studs Terkel died at age 96. The event was America, Studs represents the traditions of the oral history somewhat overshadowed by the looming Nov. 4 election just days movement by giving a voice to the voiceless, what we now call away. It was Halloween, too, something Studs would have been oral history from the bottom up. amused by. Studs' passing marked an end to an era. His public I met him at a labor conference about the right to earn a living radio and writer's personality had been part of the national narra- in America, back in the ‘80s during the Reagan recession. Later, tive in progressive and labor history going back to the ‘30s. I found out he knew my uncle, the late Julius Lucius Echeles, a I prefer to remember Studs as an activist, a boat-rocker flamboyant Chicago lawyer who worked on the Illinois Writers’ with a bullhorn who worked the crowds. He interviewed ordi- Project with Nelson Algren. I organized a reunion of the project nary men and women who were caught up in history or mak- alums in Chicago in 1989 at the Newberry Library and Studs ing it, coming of age during two social movements – the got to see his co-workers and friends (Meridel Le Sueur, unionizing struggles of the ‘30s and the civil rights fights of Margaret Walker Alexander, Jerry Mangione, Sam Ross, Echeles the ‘50s and ‘60s. Dubbed the “microphone of America’s and others) for the first time in years—and they all traveled workforce” in 2000 by the Communications Workers of down that revolutionary road again. v

CORRECTIONS Dale E. Treleven, former OHA president now retired and living in Milwaukee, has gently pointed out two errors in the Winter 2008 OHA Newsletter. First, the obituary about Studs Terkel should have said the OHA recognized him at a special tribute at its 1995 conference in Milwaukee, not the 1996 conference. The editor apologizes for the error. Second, the obituary about Enid Douglass should have said that in 1966, she and Douglass Adair attended the first national collo- quium on oral history at Lake Arrowhead, Calif., which was not actually the first meeting of the Oral History Association. The OHA, in fact, was formally established in 1967, with a constitution that had been drafted by participants at the Arrowhead meeting. The editor appreciates Treleven’s corrections and invites other careful readers to make sure information recorded in the Newsletter is accurate.

Oral history workshop planned in Chicago The Labor and Working Class History Association will present an oral history workshop at its May 28-31 meet- ing at Roosevelt University in Chicago. The theme of the spring conference is “Race, Labor and the City: Crises Old and New.” The oral history and labor history workshop is scheduled for May 30. Participants include: Al Stein, chair; Jim Wolfinger, DePaul University; Betty Balanoff, Roosevelt University; Joe Lambert, Center for Digital Storytelling; Erin McCarthy, Columbia College; Kieran Taylor, University of North Carolina; and Timuel Black, City Colleges of Chicago.

Spring 2009 10 OHA Newsletter OHA Spring09.qxd:OHA Spring09 3/22/09 9:03 PM Page 11

Physics collection seeks help Libraries get grants in locating interviewees, heirs for Depression-era film The Niels Bohr Library and Archives of the American Institute of Physics has run into a snag in its project to digitize and put online outreach project some 500 transcripts from its oral history collection. Thirty community and university libraries in 25 Many of the hundreds of interviews in the archives’ collection were states received $2,500 grants from the National conducted at a time when “a Web entirely open to all the world was Endowment for the Humanities for outreach proj- scarcely imagined, and we only sought permission to make the inter- ects connected with the documentary “Soul of a views available in the library or as copies on loan,” the institute said People: Voices from the Writers’ Project,” the in its fall 2008 History Newsletter. So it is tracking down intervie- American Library Association announced. wees or their heirs to get permission to put the interviews online. Oral History Association members who attended The process has been time-consuming and expensive, the newslet- last year’s conference in Pittsburgh saw a seven- ter said, adding: minute preview of the feature-length documentary “Some of the people who gave interviews in the ‘60s and ‘70s, or based on stories from the Federal Writers’ Project, their heirs, have proved to be elusive.” part of the Depression-era Works Progress If you have connections to the physics world and might be able to Administration. help, contact Joe Anderson at [email protected]. The library outreach programs, in which libraries More than 200 transcripts have already been digitized and are receiving grants were expected to work with local online, but the institute’s Center for History of Physics hopes to get American history scholars to plan humanities- 500 online by the end of this year. The project, funded by grants themed programs related to the documentary, were from the National Endowment for the Humanities, the Friends of the intended to increase the impact of the powerful doc- Center for History of Physics and the Avenir Foundation, includes umentary, the library association said. v searchable full text transcripts, some voice clips and photos and is intended to make the collection more widely available. The institute said in its newsletter that the Niels Bohr Library and Archives’ oral history collection is “by far the world’s most important set of interviews in physics, astronomy, geophysics and allied fields.” Niels Bohr, 1885-1962, was a Danish physicist who was only in his 20s when he proposed a new model that explains where electrons are located in atoms, which proved critical to modern understandings of both chemistry and physics. v The OHA Newsletter Oral history book wins recognition welcomes Oral History and Public Memories, a collection of 14 original essays discussing oral history's role in the creation of public memo- ries, edited by Paula Hamilton and Linda Shopes and published by Temple University Press in 2008, has been awarded an honorable mention in the 2009 National Council on Public History Book Award your contributions competition for the best work published about or growing out of public history. It was one of three books, from a field of 60, so recognized. The award committee said of the book: “Paula Hamilton and Linda Shopes have collected essays from scholars around the world to of state and bridge the disconnect between the fields of oral history and pubic memory, and to urge an activist practice that takes oral history ‘out of the house’ of archives and academe and send it ‘down the street’ to do the work of history in the public arena. Because of the editors' com- manding knowledge of oral history projects worldwide, these essays regional news. demonstrate the rich variety and bracing particularity of contempo- rary oral history work. Hamilton's and Shopes's strong editorial vision sustains the book’s focus throughout on oral history as inher- ently interpretive, dealing with questions not simply about what is remembered, but why it is remembered. As a result, the essays gath- ered here explore the social, civic, economic, and political contexts within which individuals choose to remember and forget.” v

OHA Newsletter 11 Spring 2009 OHA Spring09.qxd:OHA Spring09 3/22/09 9:03 PM Page 12

News & Notes ...

International conference For more details and information on The committee will make its recom- invites papers, presentations how to submit proposals, visit the con- mendations by mid-May. ference Web site: July 10 is the deadline to submit pro- www.ioha2010prague.com. posals for the XVI International Oral Wisconsin Oral History History Conference scheduled for July Day planned 7-11, 2010, in Prague, Czech Republic. Emerging crisis research Eau Claire, Wis., is the site of the 2009 The conference theme is: “Between funds available Wisconsin Oral History Day, April 26- Past and Future: Oral History, Memory April 15 is the deadline for applications 27, with panels and workshops that will and Meaning.” for an OHA grant of up to $3,000 to focus on oral history project planning, The conference is sponsored by the support oral history research in crises oral history in community, academic International Oral History Association in the United States or internationally. and secondary school settings and in collaboration with the Czech Oral Such crisis research can include, but women’s studies and oral history. History Association and the Institute of not be limited to, wars, natural disas- Keynote speaker will be Barbara W. Contemporary History of the Academy ters, political, economic, social or eth- Sommer, co-author of The American of Sciences, Czech Republic. nic repression or other currently Indian O ral History Manual: Making emerging events. Conference planners note that this is Many Voices Heard and author of Hard the first time the international oral his- Applicants cannot use funds for equip- Work and a Good Deal: The Civilian tory meeting will be held in a formerly ment purchases, but the money can be Conservation Corps in Minnesota. totalitarian country, making it possible used for travel, per diem, transcription Wisconsin Oral History Day sponsors to focus on the role of oral history costs and the like. include units of the University of research in places where official For details on how to apply, check the Wisconsin campuses in Madison, Eau records about the past have been cen- OHA Web site: www.oralhistory.org Claire and LaCrosse, Chippewa Valley sored or discarded altogether. or contact committee chair Patrick W. Museum, Wisconsin Historical Society Carlton at [email protected]. and Minnesota Historical Society.

Oral History Association Nonprofit The Oral History Association Newsletter NEWSLETTER U.S. Postage (ISSN: 0474-3253) is published P.O. Box 1773 PAID three times yearly by the Oral Carlisle, PA 17013 Jefferson City, MO PERMIT NO. 210 History Association for its members. Copy deadlines are: March 1, July 1 and Nov. 1.

Submit stories to Editor Mary Kay Quinlan, 7524 S. 35th St., Lincoln, NE 68516, or via e-mail at [email protected]

Submit photographs to Photo and Production Editor Alexandra Tzoumas at [email protected]

For membership, change of address, subscription and delivery inquiries, call: Oxford University Press 800-852-7323

copyright 2009 oral history association, inc.