The Right to Be Forgotten

—Meg Leta Jones

“Worse than Orwell” is a pretty serious insult in the privacy policy arena, but that is the way the new United Nations rapporteur on privacy, Joseph Cannataci, expressed his dismay with British (not American) surveillance practices and weak data protection. As reported in the Guardian, Cannataci is particularly upset about the use of CCTV systems, which may be because he doesn’t use Facebook or Twitter.

His dig brings the UN into a conversation it has not been relevant to for some time. In 1968, on the 20th anniversary of the Universal Declaration of Human Rights, the International Conference on Human Rights in Teheran addressed the tyranny of computers. UN General Assembly Resolution 2450 (XXIII) specifically directs study into the problem of “the uses of electronics which may affect the rights of the person and the limits which should be placed on such uses in a democratic society” two years before the German state of Hesse passed the first data protection law. Even still the UN has not been considered a major player in data protection or privacy issues.

The UN Human Rights Council’s mandate to nominate a Special Rapporteur on the right to privacy touches on two of the most pressing technology policy issues of this decade: who should be in charge and whose rules should apply? As platforms like Google and Facebook make internal policies to address hate speech and revenge porn, questions about the role of law in digital content disputes have introduced another layer of complexity. Should users, platforms, local authorities, national government, or global entities make these rules? How should rulemaking on technology issues occur in each? Do we even need new rules?

The answer to the first question, regarding who should be in charge, dictates a level of homogeneity for the second. If we all need to have the same rules in a global information system, how can radically different governments and legal systems get on the same page when democracies as similar as those in America and Europe can’t seem to agree? If you think that national legal systems should make their own rules, when do users and companies outside those nations have to adhere to those rules and why?

These are the challenges currently plaguing with the development and refinement of the right to be forgotten. Not only do we have to determine whether and under what circumstances individuals should be able to edit their digital pasts, we must also decide whether and how to enforce other determinations on the same subject. In 1988, a General Comment from the Human Rights Committee on Article 17 (the right to privacy) in the 1966 Covenant on Civil & Political Rights explains that when “files contain incorrect personal data or have been collected or processed contrary to the provisions of the law, every individual should have the right to request rectification or elimination.”

It will be interesting to see how the UN enters this global debate and navigates issues of human rights and pluralism in the Digital Age, particularly with Cannataci’s candor and apparent distaste for heavily relied upon American technologies.

Meg Leta Jones is an assistant professor in Georgetown University’s Communication, Culture & Technology department where she researches and teaches in the area of technology law and policy. Her book, Ctrl+Z: The Right to be Forgotten, will be published in the spring of 2016 by NYU Press.

Comment forums reveal GOP dissatisfaction

—Karen S. Hoffman

[This post is part of the 2016 election series, curated by Victoria A. Farrar-Myers and Justin S. Vaughn, co-editors of Controlling the Message.]

Since the 2012 election cycle the role of digital politics continues to evolve. Now the story is all about social media: Facebook, Twitter, Instagram, Pinterest, and LinkedIn are all venues for candidates to communicate with voters. (All declared, and soon to be declared, candidates have Facebook and Twitter accounts.) Hillary Clinton leads on Twitter with over 3.7 million followers. Donald Trump is not far behind with just over 3 million. Rand Paul has the most “likes” on Facebook with over 2 million. There is good reason for the candidates to use social media tools. Pew reports that in 2014, 71% of adults online use Facebook. Sixty-five percent of those share, post, and comment at least sometimes on Facebook. And almost one-third of those post and comment about the news on Facebook. Data on Millennials is even more striking. According to Pew, Facebook is their main source for news about government and politics.

Social media has also impacted the way that citizens participate in political debate. At the time of my analysis of the 2012 presidential election, the main space for people to join an online debate about political issues was the comment forum that sits below individual articles on many news sites. While the democratizing effect of this type of public debate was celebrated, the substance of the discourse was also criticized as rude and vulgar. Some believed that the language on such forums represented only the most extreme and polemic views, undermining public discourse altogether. I disputed this position in my analysis of 2012 comment forum speech leading up to the presidential election, demonstrating that the substance of most comment forum speech was, in fact, fairly similar to elite discourse about the presidential election. If there was a problem with incivility during the 2012 election cycle, the problem existed far beyond citizen comment forums.

Heading into the 2016 presidential cycle, social media has also changed the nature of comment forums. Due to the tremendous increase in social media users, as well as a desire to improve the civility of comments, many news sources either require contributors to sign in through an existing social media account, or have moved public discussion to social media sites altogether. For instance, in 2014, Huffington Post banned anonymous comments and required contributors to sign in through a social media account to ensure that their comments were attached to a real name (no more “sukonthis,” “libs_r_trouble,” or “mancreatedgod”). CNN removed its comment forums altogether at the end of 2014, opting to host discussion via its Facebook and Twitter platforms. Fox News is an interesting exception. During the months leading up to the 2012 election, Fox News disabled its comment function completely, but since the election, has brought back the comment forum for some articles. In general, all news sites now have Facebook accounts, whether or not they have retained the comment forum function on their official news sites.

So, has the move to Facebook altered the substance of online public discourse? At this stage, it is difficult to compare current Facebook discussions with my original analysis. The 2012 data came from comments generated in the final months of the general election cycle, while we are barely into the primary season for 2016. Discussion during a primary season is likely qualitatively different from discussion during a general election, when internal party disagreement decreases. Keeping in mind that this is the primary stage, with most of the cycle still ahead us, two things stand out in comment forums. First, the changes in comment forums rules and venues have not changed the discourse. Second, conservative commenters are really angry at the Republican establishment.

First, language has not changed much as it moves to social media. Comments are still very polarized, routinely rude, and often tied to policy issues, very loosely defined, which is what I found in my first analysis. The one difference is not the speech, but the more polarized discussion spaces. As people rely on social media for their news, they are exposed to fewer perspectives, because even more than before, people see the news they want to see. It is also still true that social media comments on the 2016 presidential race still track fairly closely with elite discourse, which is similar to my findings in 2012. Because the rules now make it harder (although not impossible) to post anonymously, it is increasingly difficult to dismiss comment forums as the ravings of extremists and trolls who do not represent real citizens’ views. Further, as Pew reports, “For most politically active SNS users, social networking sites are not a separate realm of political activity. They are frequently active in other aspects of civic life.” While we might want to ignore this discourse, the people posting on comment forums are likely to be a factor in the presidential election.

Second, it is abundantly clear that there is discontent amongst the conservatives represented on comment forums. Everyone knows that liberals and conservatives are polarized, but the division within the Republican Party is extremely evident online, as well. Conservatives who post on these forums are very upset with the Republican establishment. They believe that their causes have faced nothing but losses – losses that are the fault of Republicans, such as a majority Republican Congress that has not delivered results (in their minds) and two significant defeats from a presumably conservative Supreme Court (on healthcare and gay marriage.) Typical posts on the subject are as follows:

“Why [have] the Republicans…done NOTHING since they won a landslide victory in both houses???????????????”

“I have not missed a presidential vote since Reagan in 1980. I’m so very close to sitting this next one out. The candidate better be an uncompromised Constitutionalist or I’m out.”

“…Thus far, none of the elected Republicans have shown any backbone at all or done what they promised they would do. We still have Obamacare, it’s not defunded, or removed. We still have a budget that only serves special interests. We have the rights of Christians, gun owners, and the constitution under attack. Can ANY of YOU remember that you are elected to protect the Constitution?…”

The fury fairly leaps off the page on these forums and it is clear that at this point in the election cycle they are not at all interested in candidates who can build coalitions and consensus. They want a fighter who will defeat the opposition, not work with them.

Enter Donald Trump. Many elites scoff at Trump’s bombastic language, fairly criticizing its flaws in fact and tone. They are also surprised (and sometimes worried) at the support he has received thus far. Based on comment forum discourse, however, it is not surprising at all. The attraction of Trump is not his mastery of policy issues – it is his uncompromising, “take no prisoners” approach to our political problems. For conservatives who feel the establishment wing achieves nothing by bargaining and negotiating in the political process, his rhetoric is music to their ears. In the words of commenters,

“These main stream Republicans are running scared. The are basically no different than the democrats. Spineless. Crank it up Mr. Trump!”

“The republicans bashing trump are weak. And jealous of him. These republicans are the same ones meander [sic] with the dems behind close [sic] doors.”

“I want Ted Cruz, Carly Fiornia and other candidates – including Donald Trump included in the upcoming debates. No more shoving some weak kneed GOP candidate who will lose (again) to the Liberal Progressives who have taken over the Democrat party. If FOX can’t accomplish this simple task, why should we TRUST FOX NEWS anymore?”

There is currently great support for Trump’s candidacy. Of the first 100 comments on a Fox News Facebook post about Trump, 92 expressed support. This is typical for conservative forums where support for Trump currently in the majority, if not a supermajority. A tally of the comments on a CNN Facebook post about Anderson Cooper’s interview with Trump showed less support, only 24 of the first 100 comments were supportive (which is not insignificant, given CNN’s position in the media’s mainstream). Based on a reading of the first 100 comments of four CNN Facebook pieces about presidential candidates, approximately 20% support Trump. Of course, today’s frontrunners may be forgotten in a few months (or even weeks), but the anger at establishment Republicans is the force driving support for Trump and will likely continue to be a factor in the race. Trump may not be the ultimate vehicle for this element of the Republican Party, but they want a candidate who is a fighter and not interested in bargaining and compromise.

Viewed individually, comment forum posts do not provide much insight on public opinion and they mostly serve to alarm everyone about the decline of civilized discourse. If you read enough of this speech, however, overall trends emerge. In the aggregate, comment forums are particularly useful in identifying more visceral aspects of opinion. The substance of this language is similar to elite discourse, but public comments tap into an overall mood.

Every week is a lifetime in a political campaign and it is not likely that Trump’s appeal can survive the entire primary cycle. The details of his various policy pronouncements are conveniently vague, and his bold statements will not be as impressive when subjected to close scrutiny. The anger and division within the Republican Party will remain, however, and Republican candidates will have the unenviable task of placating a very active wing of the Republican Party that is not in the mood for compromise and wants nothing to do with Establishment Republicans. I would not be surprised if many Republican candidates are currently hearing this message loud and clear (which is why many of them are hesitant to simply denounce Trump) and will continue to incorporate plenty of “fighting” words in their discourse. It is telling that Scott Walker’s speech declaring his candidacy did not tout a record of building consensus and getting things done, but rather that he could fight and win.

By the time the general election rolls around, this rebellion could subside as Republicans close ranks against the Democratic candidate, but the gist of the current comment forum language is that they erred in “settling” for Mitt Romney in 2012 and are not going to make that mistake again.

Karen S. Hoffman is Director of Undergraduate Studies and Visiting Assistant Professor in the Department of Political Science at Marquette University. She is the author of Popular Leadership in the Presidency: Origins and Practice. She has also published articles on the presidency, presidential rhetoric, and political communication in Rhetoric & Public Affairs and Congress and the Presidency. Her essay on comment forum speech appears in Controlling the Message: New Media in American Political Campaigns (NYU Press, 2015).

Controlling the message

—Victoria A. Farrar-Myers and Justin S. Vaughn

It is that time of the election cycle again, when presidential campaigns are gearing up and preparing for primary contests and, for a select few, general election races. As the would-be presidents seek to turn their electoral dreams into action, they are hiring staff, establishing PACs, and wooing donors. In addition, as many hopeful candidates have done in recent elections, they are building social media management teams, whose sole job it is to shape the candidate’s brand, leverage their political platform, and control ‘the message.’

In our recent volume, Controlling the Message: New Media in American Political Campaigns, we collected more than a dozen essays that draw on real-time data collected during the 2012 election cycle to analyze how the new politics of social media affect, and are affected by, political campaigns. As the 2016 elections approach, we plan to bring you a series of blog posts from authors of those essays that link this scholarly knowledge to ongoing developments in the world of politics.

The excerpt that follows is from the first of these pieces. Authored by Karen Hoffman of Marquette University, it examines the political rhetoric of comment forums found at online media sites. Professor Hoffman shows that the dynamics of comment forum rhetoric so far in this election cycle continue to demonstrate the characteristics she wrote about in Controlling the Message. Further, she makes key observations about what this rhetoric tells us about conservative Republicans in the current election cycle.

So, has the move to Facebook altered the substance of online public discourse? At this stage, it is difficult to compare current Facebook discussions with my original analysis. The 2012 data came from comments generated in the final months of the general election cycle, while we are barely into the primary season for 2016. Discussion during a primary season is likely qualitatively different from discussion during a general election, when internal party disagreement decreases. Keeping in mind that this is the primary stage, with most of the cycle still ahead us, two things stand out in comment forums. First, the changes in comment forums rules and venues have not changed the discourse. Second, conservative commenters are really angry at the Republican establishment…

Read the whole essay here, and follow the series on the NYU Press blog.

Victoria A. Farrar-Myers is Senior Fellow and Director of the Tower Scholars Program in the John Goodwin Tower Center for Political Studies at Southern Methodist UniversityJustin S. Vaughn is Associate Professor of Political Science at Boise State University. They are co-editors of Controlling the Message: New Media in American Political Campaigns (NYU Press, 2015).

Book notes: Beyond Deportation

—Shoba Sivaprasad Wadhia

“Prosecutorial discretion” refers to a decision made by an agency (in this case, the Department of Homeland Security) about whether or not to enforce the immigration laws against a person or group of persons. A prosecutorial discretion grant is significant because it functions as a temporary form of protection from deportation even though the immigration “status” conferred is tenuous.

wadhia frontA prosecutorial discretion grant is also important to the agency because it allows the agency to use its limited resources to pursue true enforcement priorities and also injects compassion into an otherwise complex and broken immigration ­system. Beyond Deportation reveals just how much and for how long prosecutorial discretion in immigration law has been grounded on compassion.

The visibility of prosecutorial discretion has increased in such dramatic ways that it becomes hard to imagine a time when prosecutorial discretion fell outside the popular immigration vocabulary. Its popularity peaked in June 2012 when President Barack Obama announced a policy termed DACA, or Deferred Action for Childhood Arrivals. DACA is a form of prosecutorial discretion in immigration law and has allowed thousands of young people to work, study, and drive in the United States with dignity and without the constant fear of arrest and possible deportation.

Prosecutorial discretion became even more popular after November 20, 2014 when President Obama announced a series of executive actions on immi­gration. These actions include an expansion of the DACA program and the establishment of a new deferred action program for qualifying parents of U.S. citizens and lawful permanent residents in cases where the parents have resided in the United States for at least five years. These most recent deferred action programs are on hold because of litigation by 25 states and the state of Texas against the federal government challenging the legality of these programs. Along with these “on-hold” deferred action programs, the Administration published a new priorities memo entitled “Policies for Apprehen­sion, Detention, and Removal of Undocumented Immigrants.” The priorities memo is operational today and in six pages attempts to spell out the Administration’s priorities for removal and a refined prosecutorial discretion policy.

One of the chapters in Beyond Deportation discusses the immigration case of John Lennon and the efforts undertaken by his attorney, Leon Wildes, to encourage the immigra­tion agency to publish its policies about prosecutorial discretion. The Lennon case is significant because it triggered the publication of the immigration agency’s first guidance on “deferred action,” a form of prosecutorial discretion that has been used as a remedy for individu­als facing compelling circumstances for many years and was showcased most recently with the President’s executive actions. The book offers context to this case by providing a detailed history of “deferred action” and examples of how it has been applied to both individuals and special populations, such as vic­tims of domestic violence, sexual assault, and other crimes. The book scrutinizes thousands of deferred action cases and identifies a historical and humanitarian pattern for the types of cases that are processed and granted deferred action. In the last fifty years, people have received deferred action for largely humanitarian reasons, including the following attributes: advanced or tender age; long term presence in the United States; serious medical condition, or a primary caregiver to a person with a serious medical condition; and family members who are U.S. citizens.

Much of the deferred action data analyzed in Beyond Deportation was obtained through the Freedom of Information Act, or FOIA. In the early years of my FOIA adventures, the data was in some cases disorganized, illegible and elusive. Even obtaining illegible data was remarkably exhausting and sometimes involved multiple communications with FOIA officers, government attorneys and the DHS’s own ombudsman. But the challenge was not limited to the shield held by the agency over the information itself or questions to myself about whether practitioners and scholars should have to file a FOIA to obtain basic information on topics such as ‘how to file a deferred action request.’ The challenges were more complex because some of the data I sought was simply not tracked by the agency. As one example and as a result of a FOIA lawsuit with ICE over deferred action cases, ICE confirmed that it did not track deferred action cases before 2012.

My own experiences in seeking and sorting data inform the book’s discussion about transparency. Transparency in prosecutorial discretion mat­ters because it improves the possibility that justice will be served for people whose roots and presence are in United States. Transparency also promotes other administrative law values like consistency, efficiency and public acceptability. I commend DHS for advancing these values through DACA—by creating a program that is trans­parent and aimed at protecting young people who satisfy the program’s core elements and, in these modern times, reflect the program’s humanitarian roots.

Beyond Deportation closes with praise for DACA but is replete with recommendations to the general deferred action program, which continues to lack form, specific criteria or even basic instructions on how to apply. As to the broader prosecutorial discretion policy, the bookcalls on DHS to look at the whole person when making prosecutorial discretion decisions. DHS memoranda on prosecutorial discretion suggest that no one single factor is dispositive to a prosecutorial discretion decision. However, the book’s case profiles of those deported—and anecdotes from immigration advocates and members of Congress about the impact of these deportations on families—raise important concerns to the contrary.

Whether or not prosecutorial discretion has earned visibility for political reasons, understanding the history of prosecutorial discretion and the important role it plays in U.S. immigration law is essential. My own preoccupation with prosecutorial discretion began during my time as law student clerk and later attorney at Maggio Kattar P.C. I worked on a wide range of immigration cases, but the most life-changing cases involved those individuals whose only prayer was prosecutorial discretion. Following the attacks of September 11, 2001, I worked for several years as a legislative lawyer in front of the “political” branches, advocates, and affected communities. In the decade after 9/11, agency officials and policymakers were loath to openly discuss “prosecutorial discretion.” For the last seven years, I have lived in central Pennsylvania writing largely about the role of discretion, teaching immigration, and directing the Center for Immigrants’ Rights Clinic. This professional background combined my personal life experience as a child of immigrants raised in the U.S. with tremendous opportunity, a wife, and mother set the landscape for Beyond Deportation. I am honored to have had the opportunity to write this book and to share some of its origins here.

Shoba Sivaprasad Wadhia is the Samuel Weiss Faculty Scholar, law professor, and director of the Center for Immigrants’ Rights at Penn State Law. She is the author of Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases (NYU Press, 2015).

To eradicate health care disparities, the Supreme Court needs enforcement

—Dayna Bowen Matthew

matthewIn the long-awaited King v. Burwell ruling last month, the Supreme Court took a major step forward in the fight to eradicate the racial and ethnic health disparities that result in the loss of over 83,000 black and brown lives in America each year. But just as the Court’s groundbreaking Brown v. Board of Education decision was not enough to guarantee equal educational opportunity for minorities in 1959, the Supreme Court’s ruling alone cannot ensure equality in American health care today.

King v. Burwell hinged on the decision to uphold tax subsidies for those who purchased coverage through the Affordable Care Act (ACA).  By affirming the constitutionality of the Affordable Care Act’s tax credits for individuals with household incomes between 100% and 400% of the federal poverty line, the Court’s ruling preserved the economic support that many low income families (by some estimates, over 26 million Americans) rely on to buy health insurance and access health care.

Beyond preserving the Act’s economic support, King v. Burwell also protected the Affordable Care Act’s nondiscrimination provisions. Section 1557 of the ACA is the first-ever civil rights provision to specifically prohibit discrimination in the health care industry. This statute could represent a turning point—a veritable Gettysburg—in the fight against racial and ethnic health disparities. But only if the Department of Health and Human Services (DHHS) makes full use of it.

Section 1557 breathes new life into Title VI of the Civil Rights Act and could be enforced to prohibit discrimination in health care based on race, color, or national origin. Thus far, the DHHS has applied Section 1557 successfully to combat sex discrimination in health care—important in its use to protect transgender patients, and ensure that providers treat men and women equitably in the context of hospital emergency departments. DHHS has also employed Section 1557 to win a number of significant agreements requiring providers across the country to ensure language access for persons with limited English proficiency. But HHS can, and must, go further.

The Department of Health and Human Services must use Section 1557 to challenge the well-documented discriminatory treatment practices that deny minority patients access to medical care for heart disease, diabetes, cancer, and a wide range of other illnesses. Section 1557 has yet to be leveraged to curb rampant discriminatory patient admission and transfer practices; differential pricing and prescribing of specialty drugs used to treat chronic diseases that disproportionately affect minority patients; gross under-representation of minorities in research clinical trials; or the shocking lack of diversity in the medical workforce, all of which are persistent contributors to disparate health outcomes for racial and ethnic minorities.

The deadly, disparate impact of these and other discriminatory practices can and should be the focus of new investigations and enforcement activities. Only then will we ensure an end to the legacy of inequality in America’s health care system.

Dayna Bowen Matthew is Professor at University of Colorado Law School and the Colorado School of Public Health. She serves on the faculty of the University of Colorado Center for Bioethics and Humanities, and she is co-founder of the Colorado Health Equity Project, a medical legal partnership whose mission is to remove barriers to good health for low-income clients. She is the author of Just Medicine: A Cure for Racial Inequality in American Health Care (NYU Press, 2015).

Marriage equality: A conservative’s dream

—Kimberly D. Richman

On November 4, 2008, I was lying in a hospital bed, on bed rest while pregnant with my twin daughters, watching the election coverage that first delivered the elated news of President Obama’s win, followed by the heartbreak that Californians had passed Proposition 8, inscribing a ban on same-sex marriage in the state constitution. On June 26, 2015, I awoke to a celebratory text message from the National Center for Lesbian Rights that the U.S. Supreme Court had declared a nation-wide fundamental right to marriage for all couples, same-sex or different sex, and had the joy of explaining what this meant to my now 6 ½ year old daughters. Quite literally, the world shifted in the time it took them to reach first grade.

licensetowedIt’s safe to say that the dizzying pace of change in the world of same-sex unions was unexpected by those on both sides of the issue. What seemed like a distant goal in 1996 when I first started researching LGBT family rights, in the wake of the Defense of Marriage Act, is now so commonly accepted a truth that government buildings across the country—not just in my home town of San Francisco—have shrouded themselves in rainbow lights to commemorate the landmark Obergefell ruling. So much so, that to my daughters and their classmates, the idea of denying same-sex couples the right to marry doesn’t even register as a reasonable possibility.

But equally as surprising as the pace of movement on the legalization of same-sex marriage, is the ultimately conservative rationale and vision of family and partnerships on which both recent decisions by Justice Anthony Kennedy rest. Kennedy’s florid prose holds that “[t]he lifelong union of a man and a woman always has promised nobility and dignity to all persons, without regard to their station in life…Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations.”

Kennedy is correct in asserting that expressly excluding same-sex couples from the right to marry does them dignitary harm; I’ve found this to be the case for the hundreds of couples I interviewed and surveyed on the topic in my own research, as have other scholars and activists. However, to elevate the aspirations of those who wish to marry above those who choose to couple or do family and romance in other ways, entrenches a deeply conservative value—one that the proponents of the Defense of Marriage Act, Prop 8, and other anti-gay measures hold dear, ironically.

While Kennedy is careful to state that marriage need not involve a nuclear family with children, he does not leave much room for the myriad family and relationship forms that we now know some Americans choose—unmarried cohabitation, polyamory, or single parenthood, to name just a few.

In short, the conservatives who fought for so long to “protect” marriage should be thrilled by Justice Kennedy’s sweeping affirmation of the importance of marriage as “a keystone of our social order” and “building block of our national community.” Indeed, these couples who undertook a years-long, expensive, taxing legal battle to enter the institution of marriage do far more to affirm it than do the rapidly increasing numbers of heterosexuals who have given up on marriage, and chosen to do family and romance without it.

It remains to be seen whether those—gay, straight, bi or trans—for whom dyadic marriage has no appeal take up the cause as fervently to extend the material benefits that accompany it in future legal and political actions. When they do so, one can only wonder whether they will find an ally in Justice Kennedy.

Kimberly D. Richman, author of License to Wed: What Legal Marriage Means to Same-Sex Couples (NYU Press, 2014) and Courting Change: Queer Parents, Judges, and the Transformation of American Family Law (NYU Press, 2009) is Associate Professor of Sociology and Legal Studies at the University of San Francisco.

Clinton deserves the black vote

—F. Michael Higginbotham

[This article originally appeared in The Baltimore Sun.]

Political pundits have wondered whether Hillary Clinton will enjoy the same enthusiastic support from the African-American community in her presidential bid that President Barack Obama received. Others have wondered whether she deserves it. After her April 29th speech at Columbia University in New York City, there can be no doubt that the answer to both questions is a resounding “Yes!”

hillary-rodham-clintonIn her speech, Ms. Clinton spoke about the protest in Baltimore, expressing concern for Freddie Gray’s family, condemning the violence and calling for its immediate cessation. Most importantly, her wide-ranging discussion of the causes of the turmoil and her proposed solutions demonstrate a deep and thoughtful understanding of long standing racial inequities both in the criminal justice system and in the broader economic and political arenas throughout America.

Ms. Clinton began by recognizing that something is seriously wrong in the current relationships between police and the minority community. She is absolutely right. Relations in Baltimore have been strained for decades due to unnecessarily harsh policing practices and outright race discrimination by the police. Baltimore has paid over $6 million in court judgments and settlements in over 100 lawsuits alleging police brutality since 2011, according to The Baltimore Sun. Ms. Clinton also noted the stark racial disparities that exist in sentencing and incarceration. As Ms. Clinton declared, “African American men are still far more likely to be stopped and searched by police, charged with crimes and sentenced to longer prison terms than are meted out to their white counterparts.”

As one step for dealing with this national problem, Ms. Clinton called for body cameras on every police officer in the nation. This is an excellent start as bad relations have been exacerbated due to a lack of full and complete information on incidents or conflicting testimony where even implausible police officer accounts are accepted as truth. Body cameras are not a cure-all, but they certainly would increase the level and accuracy of information and would likely lead to more indictments and convictions of officers who commit police misconduct. It is hoped that the risk of exposure would also significantly reduce such conduct.

Ms. Clinton’s most important observation, though, was that the issues raised by the death of Freddie Gray, who died from a spinal injury received while in police custody, concern far more than police practices. She explained that a comprehensive approach is desperately needed to address long standing problems. She began by focusing on the long-term significant disparities in unemployment. As Ms. Clinton knows, unemployment among blacks in Baltimore is twice as high as that for whites and, in some neighborhoods for black youth 20-24 years of age, it is three times as high. As Ms. Clinton said, “There is something wrong when more than one out of every three young black men in Baltimore can’t find a job.” It is hardly surprising that almost a quarter of blacks in many Baltimore neighborhoods are living in poverty. Even more alarming, nationally the median net worth of whites is 18 times that of blacks, a wider wealth gap by race than existed in South Africa during apartheid. Freddie Gray’s tragedy then, requires us to finally talk about, as Ms. Clinton said, “what’s needed to provide economic opportunity, better educational chances for young people, more support to families so they can do the best jobs they are capable of doing to help support their own children.”

The speech was not, of course, the first time that Ms. Clinton has addressed issues of racial justice. Last summer, she discussed inequality in the political arena. She focused on racial inequities in voting rights, condemning restrictive voter identification laws and restrictions on early voting and same day registration. She was particularly critical of the 2013 Supreme Court decision in Shelby County v. Holder. In that case, the court invalidated the so-called “pre-clearance” requirement of the 1965 Voting Rights Act, which required states with a history of race discrimination in voting to secure federal approval prior to changing election practices. Ms. Clinton noted that the Voting Rights Act is one of the most democratizing pieces of legislation ever passed in the United States, allowing over 800,000 new voters, primarily black voters, to register within four years of its passage. She also knows how easy it is for states to create restrictive practices that have a disproportionate impact on minority voters. Ms. Clinton has rightfully called for a new Voting Rights Act, recognizing that, throughout the nation, voter suppression based on race remains a serious problem.

Hillary Clinton understands not only that black lives matter, but that justice requires fundamental reform in the courts, on the streets and in classrooms, offices and voting booths. That is why, I predict, by Election Day, she will be embraced, with enthusiasm, by the African-American community.

F. Michael Higginbotham is the Joseph Curtis Professor of Law at the University of Baltimore School of Law and author of Ghosts of Jim Crow: Ending Racism in Post-Racial America (NYU Press, 2013).

Book giveaway: Dissent

Dissent (NYU Press, 2015)“Temple University historian Young delivers a doorstopper that few readers will ever want to misuse in such a manner; his clear and elegant style and a keen eye for good stories make it a page-turner…Young convincingly demonstrates that the history of the United States is inextricably linked to dissent and shows how ‘protest is one of the consummate expressions of Americanness.'”
STARRED Publishers Weekly

“A broad-ranging, evenhanded view of a tradition honed into an art form in America: the use of dissent as ‘a critique of governance’…Young has a knack for finding obscure but thoroughly revealing moments of history to illustrate his points; learning about Fries’ Rebellion and the Quasi-War with France is worth the price of admission alone, though his narrative offers much more besides…Refreshingly democratic—solid supplemental reading to the likes of Terkel and Alinsky, insistent on upholding the rights of political minorities even when they’re wrong.”
Kirkus Reviews

To celebrate the stellar reviews rolling in for our forthcoming book, Dissent: The History of an American Idea, we are giving away a free copy to two lucky winners!

Dissent: The History of an American Idea examines the key role dissent has played in shaping the United States. It focuses on those who, from colonial days to the present, dissented against the ruling paradigm of their time: from the Puritan Anne Hutchinson and Native American chief Powhatan in the seventeenth century, to the Occupy and Tea Party movements in the twenty-first century. The emphasis is on the way Americans, celebrated figures and anonymous ordinary citizens, responded to what they saw as the injustices that prevented them from fully experiencing their vision of America.

To enter our book giveaway, simply fill out the form below with your name and preferred e-mail address. We will randomly select our winners on Friday, May 1st, 2015 at 1:00 pm EST.