Americans And Social Justice: Breaking Laws, Seeking Change

The topic of how Americans concerned with social justice break laws is a complex and multifaceted issue that has been a subject of debate and discussion in the United States. While there is no single definitive answer to this question, it is important to examine the motivations, beliefs, and strategies of those advocating for social justice. One perspective on this issue is represented by Dr. Martin Luther King Jr., who addressed criticisms of his civil disobedience tactics by distinguishing between just and unjust laws. He argued that individuals have a right and responsibility to break unjust laws, which he defined as those that degrade human personality and uphold inequality.

In recent years, there has been a growing movement toward social justice and progressive policymaking in the United States, with a focus on addressing systemic racism, persistent poverty, and other disparities. This has led to a range of legislative and executive actions, such as the American Rescue Plan, Bipartisan Infrastructure Law, and the Inflation Reduction Act. However, some critics argue that these efforts have, at times, prioritized social justice over public safety, as seen in the case of foster care regulations.

Additionally, the language and terminology used in social justice discussions have been a subject of debate, with some arguing that the use of certain terms may have contributed to political outcomes, such as Donald Trump's presidential win in 2024. Overall, the question of how Americans concerned with social justice break laws remains a complex and evolving topic, with a range of perspectives and strategies influencing the pursuit of social change.

Civil rights and equal rights

Civil rights are personal rights guaranteed and protected by the U.S. Constitution and federal laws enacted by Congress. They include protection from unlawful discrimination on the basis of race, colour, national origin, disability, age, religion, and sex (including pregnancy, sexual orientation, and gender identity). Civil rights are distinct from civil liberties, which refer to personal freedoms protected from government intrusion, such as the First Amendment's right to free speech.

The Reconstruction Era following the Civil War saw the largest expansion of civil rights in U.S. history, with the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution. These Amendments outlawed slavery, prohibited laws that abridged the privileges or immunities of U.S. citizens, and prevented the denial of voting rights based on race, colour, or previous servitude.

Numerous civil rights statutes were enacted during the Reconstruction Era, many of which remain in force today, such as Section 1981 of Title 42 (Equal Rights Under the Law), which protects against racial discrimination in contracts, lawsuits, and testimony. The Civil Rights Act of 1964 is the most prominent civil rights legislation since Reconstruction, prohibiting discrimination based on "race, colour, religion, or national origin" in public accommodations and employment.

The right to vote is a civil right, and poll taxes, which discouraged poorer citizens from voting, were banned by the Twenty-Fourth Amendment. The Voting Rights Act of 1965 further guaranteed the right to vote regardless of race, colour, or previous servitude.

The Civil Rights Act of 1968, also known as the Fair Housing Act, prohibits discrimination in housing based on "race, colour, religion, sex, or national origin". The Americans with Disabilities Act of 1990 further expanded civil rights protections.

Civil rights are distinct from human rights, which arise from being human, rather than from legal grants of citizenship. Human rights are considered universal and fundamental, including the right to life, education, protection from torture, free expression, and a fair trial. While human rights are universal, civil rights vary across nations.

Dr. Martin Luther King Jr. addressed the paradox of expecting whites to follow laws that protect equality while breaking others. He distinguished between just and unjust laws, arguing that individuals have a right and responsibility to break unjust laws—those that degrade human personality and uphold inequality.

The Green Party, in its platform, emphasizes the importance of civil rights and equal rights as the foundation of a democratic society. They advocate for affirmative action, equal pay for equal work, and the protection of women's rights, including reproductive rights and freedom from gender-based violence. The Party also addresses issues of racial justice, LGBTQIA+ rights, disability rights, and religious freedom.

Housing justice and community investment

In recent years, there has been a massive shift in the housing system, with housing ownership becoming increasingly concentrated in the hands of private equity companies. This financialization of housing has exacerbated the national housing crisis, as millions of renters face eviction and the supply of affordable housing fails to meet the growing demand.

To address these issues, communities are advocating for policies that empower tenants to become owners of the buildings they live in. These policies, known as Tenant Opportunity to Purchase Act (TOPA), Community Opportunity Purchase Act (COPA), or Right of First Refusal (ROFR), give tenants the right of first refusal when their apartment building is up for sale. Cities with robust TOPA/COPA programs also provide financing and technical assistance to support tenant and community purchases, making tenant-community ownership a more viable option.

Additionally, organizations and governments are working to increase investment in community power-building. For example, the Robert Wood Johnson Foundation awarded $90 million in grants to support community power-building initiatives, recognizing that those most directly affected by systemic barriers and inequities are best positioned to drive change in their communities. These investments have helped grassroots organizations become more effective in achieving their goals, such as establishing rent control and a tenant's bill of rights.

Furthermore, there is a growing movement towards community ownership policies, which aim to take back ownership from extractive financial actors and build community wealth through common land ownership. This strategy has been successful in preserving affordable housing and improving living conditions for tenants.

To achieve housing justice, it is crucial to address the root causes of the housing crisis, such as systemic bias, the legacy of redlining, government and business underinvestment, and unresponsive landlords. By empowering tenants, increasing investment in community power-building, and advocating for policy changes, we can create more inclusive and just communities.

Criminal justice reform

One focus has been on reducing incarceration and ending racial disparities in the criminal justice system. The administration has provided funding for community violence intervention programs, improved public safety, and advanced criminal justice reform for Native Americans. It has also addressed the failed approach to marijuana, which has disproportionately impacted communities of color. President Biden pardoned many federal and D.C. offenses for simple marijuana possession, and in December 2023, he expanded this to include attempted possession, additional offenses under the D.C. Code, and violations involving medical marijuana.

The Biden-Harris administration has also established the National Law Enforcement Accountability Database, which records official records of misconduct by federal officers. This is in addition to the National Decertification Index, which records law enforcement decertifications in all 50 states.

The administration has also worked to facilitate successful re-entry for those released from jail or prison. This includes providing support for community violence intervention programs, which have been shown to reduce violence by up to 60%.

Furthermore, the administration has implemented the Justice40 Initiative to ensure that 40% of the benefits of investments in clean energy, affordable and sustainable housing, clean water, and other investments go to disadvantaged communities. This includes creating Environmental Justice Block Grants to tackle pollution in port communities and advancing transportation equity with a new Neighborhood Access and Equity Grant program.

The Biden-Harris administration has also launched new programs to maximize the benefits of climate and clean energy investments directed at disadvantaged communities and provided funding to replace the nation's fleet of school buses with clean and zero-emission buses, ensuring cleaner and healthier air for children and families.

These measures demonstrate the administration's commitment to criminal justice reform and addressing systemic injustices.

Environmental justice

The environmental justice movement in the United States was inspired by the civil rights movement of the 1960s and gained momentum in the 1980s. It is a response to environmental racism and is, therefore, closely tied to racial and social justice.

The environmental justice movement seeks to address the disproportionate impact of environmental pollution on economically and politically disadvantaged communities, including minorities and low-income populations. It also highlights the perceived increase of pollution in neighbourhoods, communities, and workplaces.

There have been several instances of environmental injustice in the United States, where minority and low-income communities have been deliberately exposed to industrial facilities, toxic waste sites, and polluting industries. This has led to detrimental health effects, including decreased lung function, liver and kidney damage, and even premature deaths.

To address environmental injustice, the Biden-Harris Administration has implemented various initiatives, such as the Justice40 Initiative, which aims to ensure that 40% of the benefits of investments in clean energy reach disadvantaged communities. They have also taken steps to reduce poverty, ensure equal access to education, advance health equity, and promote criminal justice reform.

Education and the arts

Education is a fundamental tool for addressing social justice issues and promoting fairness and inclusivity in society. It provides individuals from all backgrounds with equal opportunities to succeed and reach their full potential. By addressing historical and systemic inequalities and injustices in the education system, social justice in education aims to create a more diverse, inclusive, and accepting society.

Historical Inequalities in Education

Segregation and gender inequality have been significant social justice issues in education. For many years, African American students were denied equal educational resources and facilities, leading to disparities in educational outcomes and systemic racial inequality. Similarly, girls and women have been historically marginalized and denied access to education due to traditional gender roles and societal expectations, hindering their personal and professional advancement.

Current Social Justice Issues in Education

Despite progress, social justice issues persist in education today. Racial and socioeconomic disparities continue to affect graduation rates, access to resources, and opportunities for students from minority and low-income backgrounds. Additionally, LGBTQ+ students often face discrimination, bullying, and exclusion, impacting their well-being and academic performance.

The Role of Teachers in Promoting Social Justice

Teachers play a vital role in promoting social justice by creating inclusive classrooms and empowering students to challenge societal prejudices and inequalities. They can incorporate social justice principles into their curriculum by covering diverse perspectives, challenging stereotypes, and encouraging critical thinking about social issues. For example, teachers can teach about the Civil Rights Movement, allowing students to analyze systemic racism and its ongoing impact.

Policies and Reforms for Social Justice in Education

Government initiatives, such as increased funding for disadvantaged schools and scholarship programs, aim to address educational inequalities. These policies promote inclusive practices, equitable resource distribution, and the addressing of systemic biases to create a more equitable and inclusive educational environment.

Case Studies in Social Justice in Education

Success stories include Jefferson High School, which implemented a comprehensive social justice initiative to address systemic barriers, and Maple Elementary School, which transformed into a beacon of hope for its students in a low-income neighborhood through restorative justice practices and community partnerships.

The Arts and Social Justice

The relationship between the arts and social justice is complex. While art can serve as a mirror of society and often reflects themes of justice, insisting that art solely serves social justice is a narrow perspective. Art has the capacity to transcend journalistic agitation and linger in the hearts and minds of audiences, becoming a timeless source of political and emotional catharsis.

Controversies and Challenges

However, there are controversies and challenges in the arts world regarding social justice. For example, the recent controversy at the University of Michigan School of Music, Theatre and Dance, where students petitioned for the termination of a prominent composer, Bright Sheng, for sharing Laurence Olivier's version of Shakespeare's Othello, which they considered an exercise in blackface.

Additionally, the notion of "checkbox diversity," where diversity is measured by the number of faces of color in orchestras, boardrooms, and theaters, rather than a deeper understanding of diverse voices and perspectives, is criticized as a superficial strategy that subordinates true understanding.

Philanthropy and the Arts

Philanthropic foundations have also influenced the arts and social justice discourse. Some foundations have decided to stop funding the arts or only fund activities that explicitly promote diversity, equality, and justice, steering away from traditional "high culture." This has had both positive and negative impacts, exacerbating divisions and marginalizing certain art forms, but also providing opportunities for political art and diverse voices to be heard and rise.

Moving Forward

The future of social justice in education and the arts is promising, with emerging trends like restorative justice practices and culturally responsive teaching. However, it is essential to approach these issues with nuance and dialogue, learning from both successes and failures to create a more equitable and inclusive society.

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