Jack Kirby on Civil Rights Michael Dennis, Esq Joshua Gilliland, Esq. Crystal Swanson, Esq. @TheLegalGeeks Agenda Captain America Isolationism Worst Summer Camp Ever X-Men Civil Rights Act Fantastic Four Acts of War 8th Amendment Hulk Neutrality Acts Judges referred to areas engaged in war as “the forbidden zone.” United States ex rel. Koentje v. Reimer, 30 F. Supp. 440, 440-441 (D.N.Y. 1939). Neutrality Acts Prohibited: …export of arms, ammunition, and implements of war to belligerent countries; the prohibition of the transportation of arms, ammunition, and implements of war by vessels of the United States for the use of belligerent states; for the registration and licensing of persons engaged in the business of manufacturing, exporting, or importing arms, ammunition, or implements of war; and restricting travel by American citizens on belligerent ships during war. NEUTRALITY ACT OF 1935; NEUTRALITY ACTS Maritime Impact Ships en route to Europe were turned around after a nation was declared a combat area by the President. Merchant sailors tried recovering a months wages for breach of contract when forced to turn around on the way to Norway. Court held there was no recovery, because the contract had not been breached, because the ship was not legally permitted to go to Norway. Hopkins v. Moore-McCormack Lines, Inc., 175 Misc. 109, 110 (N.Y. City Ct. 1940). Oxford Oath 60,000 College Students declared they would not fight for the United States on April 12,1935. Matthew Lasar, Pacific Historical Review, Vol. 67, No. 4 (Nov., 1998), pp. 513-541"Right out in Public": Pacifica Radio, the Cold War, and the Political Origins of Alternative Media Nazi Summer Camps in the United States The Bund was formed in 1936 to promote Germany and the Nazi party in America Had 70 chapters Membership ranged from 5,000 to 25,000 members NPR History Dept., Nazi Summer Camps In 1930s America?, April 28, 2015, http://www.npr.org/sections/ npr-history-dept/2015/04/28/402679062/nazi-summer-camps-in-1930s-america 20,000 Attendees at Pro-Nazi rally held at Madison Square Garden in 1939 Abridged Timeline to Captain America #1 Franklin Roosevelt Elected (November 1932) Sold Nearly 1 Million Copies Adolph Hitler sworn in as German Chancellor (January 30, 1933) Nazi Concentration Camps Built (March 1933) Oxford Oath (April 1935) Neutrality Act of 1935 (August) The Bund Formed (1936) Neutrality Act of 1937 (January) Japan Invades China (July 7, 1937) Neutrality Act of 1939 (November) Germany Invades Poland (September 1, 1939) Germany Invades Denmark and Norway (April 9-June 10, 1940) Germany Invades France (May 10, 1940) Dunkirk (May 27-June 4, 1940) France Surrenders to Germany (June 22, 1940) Battle of Britain (July 10-October 31, 1940) President Roosevelt signs Military Draft Act (September 16, 1940) Captain America issue 1, Written by Joe Simon and Art by Jack Kirby, March 1, 1941 British Navy vs Bismarck (May 27, 1941) Germany Invades Soviet Union (June 1941) Pearly Harbor (December 7, 1941) Was it Legal for Cap to Catch Spies? Posse Comitatus Act Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both. 18 USCS § 1385. Stopping German Spies Espionage Act of 1917 Prohibits providing any information relating to national defense with the intent to injury the United States to a foreign nation. The peacetime punishment for such a crime was 20 years and in times of war, 30 years. Espionage Act, June 15, 1917, 40 Stat. 217, § 2(a). Military or Law Enforcement Espionage Act of 1917 Prohibits providing any information relating to national defense with the intent to injury the United States to a foreign nation. The peacetime punishment for such a crime was 20 years and in times of war, 30 years. Espionage Act, June 15, 1917, 40 Stat. 217, § 2(a). Enhanced Interrogations Standards of Conduct for Interrogation under 18 U.S.C. sections 2340-2340A drafted in 2002 for Attorney General Alberto Gonzales. Defined torture as "serious physical injury, such as organ failure, impairment of bodily function, or even death“ September 1963 Stan Lee, Writer Jack Kirby, Artist Paul Reinman, Ink S. Rosen, Letterer Mission of the X-Men Child Endangerment He or she knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his or her life or health; NY Penal Law § 260.10 Aggressive PE? Training to Fight Crime Monitoring Health Moments from the Civil Rights Timeline First Freedom Rider (May 4, 1961) Birmingham Economic Boycott and March, April 1963 MLK’s "A Letter from Birmingham Jail," April 16, 1963 Bull Connor ordered fire hoses and police dogs used on student marchers in Birmingham. May 3, 1963 Medger Evers murdered, June 12, 1963 MLK’s “I Have a Dream Speech,” at the March on Washington, DC, August 28, 1963 16th Street Baptist Church Bombing, September 1963 Civil Rights Act 1964 Voting Rights Act 1965 Civil Rights Case Examples Illegal to refuse to rent hotel room based on a person’s race. Heart of Atlanta Motel v. United States, 379 U.S. 241, 242, 85 S. Ct. 348, 350 (1964) Restaurants cannot refuse to serve someone based on race. Katzenbach v. McClung, 379 U.S. 294, 85 S. Ct. 377 (1964) Right to Public Accommodation States and cities across the United States have made it illegal to refuse to serve people because of their race or color at taverns, tippling houses, or saloons. See, D.C. Code § 47-2902. The Equal Protection Clause of the Fourteenth Amendment prohibits discriminatory state action. Shelley v. Kraemer, 334 U.S. 1, 13, 68 S. Ct. 836, 842, 92 L. Ed. 1161 (1948). Crowd Turns on Beast After Saving a Child The X-Men, Issue 8 November, 1964 Stan Lee, Writer Jack Kirby, Artist Chris Stone, Inker S. Rosen, Letterer Things Get Ugly Understanding Riots A person is guilty of riot in the second degree when, simultaneously with four or more other persons, he engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm. N.Y. Penal Law § 240.05 Mutant Persecution Sentinels introduced in X-Men 14, November 1965. Stan Lee, Story Jack Kirby, Layout Jay Gavin, Art V. Colletta, Ink Artie Simek, Lettering Fear- Mongering of Mutants Predicted Humans Would become Slaves to Mutants Anthropologist Built Secret Robot Army Who Funded this Guy? Not Government Action Sentinels Immediately Betray on Creator X-Men have to save the world from weapon system designed specifically to harm Mutants. Trask Recognized He wrong about Mutants Legal Issues with Trask Building Sentinels Built to Terrorize or Kill US Citizens based on Race Government Action? Are Mutants People? Would Sentinels Be Like Drones? DOJ White Paper on Target Killings: An informed, high-level official of the U.S. government has determined that the targeted individual poses an imminent threat of violent attack against the United States Capture is infeasible, and the United States continues to monitor whether capture becomes feasible; and The operation would be conducted in a manner consistent with the applicable law of principles. Was it Cruel and Unusual Punishment to Leave the SkRulls as Cows? 8th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 8th Amendment, U.S. Constitution What is Cruel and Unusual Punishment? Eighth Amendment embodies “broad and idealistic concepts of dignity, civilized standards, humanity, and decency,” prohibits punishments which are incompatible with “the evolving standards of decency that mark the progress of a maturing society.” Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 828-829 (7th Cir. Wis. 2009). Was the Sub-Mariner Justified in Declaring War on the Surface World for the Destruction of Atlantis with Nuclear Weapons Tests? Act of War Any act occurring in the course of (1) declared war; (2) armed conflict, whether or not war has been declared, between two or more nations; or (3) armed conflict between military forces of any origin. Morris v. Khadr, 415 F. Supp. 2d 1323, 1326 (D. Utah 2006), citing 18 U.S.C.S. § 2331(4). What is the Soviet Union’s Liability for the Hulk? Igor Was a “RED” Spy! US Government Liability for The Hulk? Can Bruce Banner Argue the Insanity Defense? Thank You!.