Americans' Social Justice: When Breaking Laws Is Necessary

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 one-size-fits-all answer to this question, it is important to examine the motivations, beliefs, and strategies of those who engage in social justice activism and their relationship with the law.

One perspective on this issue is that of Dr. Martin Luther King Jr., who addressed this dilemma in his Letter from Birmingham Jail. In his writing, King acknowledges the paradoxical nature of his approach, expecting whites to follow laws that protect equality while advocating for the breaking of others. However, he makes a crucial distinction between just and unjust laws, arguing that individuals have both a right and a responsibility to break laws that degrade human personality and uphold inequality.

In recent years, the concept of social justice has become increasingly prominent in American society and politics. The Biden-Harris administration, for example, has made advancing racial equity and supporting underserved communities a key aspect of their agenda. They have implemented various initiatives and executive orders to address systemic racism, persistent poverty, and other disparities. Additionally, there has been a growing recognition of the intersectionality of social justice issues, such as the overlap between environmental justice and communities of color bearing the brunt of pollution and climate change.

On the other hand, some critics argue that the focus on social justice has led to a neglect of important issues such as affordable housing, healthcare, and education. They claim that the current system favors the wealthy and exacerbates the gap between the rich and the rest of the citizenry. Furthermore, they argue that social justice activism has resulted in a polarization of society, with Democrats and Republicans holding vastly different views on these matters.

It is worth noting that the use of social justice language varies across demographic groups in the United States. According to a YouGov survey, younger adults are more likely to use social justice terms than older adults, and Americans with a college degree are more likely to use them frequently. Additionally, there are racial and ethnic differences, with Black Americans being more likely to use certain terms compared to White Americans.

In conclusion, Americans concerned with social justice may break laws out of a belief that certain laws are unjust and perpetuate inequality. However, the implications of these actions are complex and multifaceted, impacting politics, public opinion, and the very fabric of American society.

Criminal justice reform

The Biden-Harris Administration has made some efforts to address this issue, with President Biden signing an Executive Order in May 2022 to advance police reform and build public trust and safety. The order includes measures such as banning chokeholds, restricting the use of no-knock warrants, and implementing body-worn cameras. The administration has also provided funding for community violence intervention programs and taken steps to address the failed approach to marijuana, which has disproportionately impacted people of colour.

There are also a number of community-based initiatives and non-profit organisations working towards criminal justice reform. For example, the Equal Justice Initiative (EJI) challenges excessive punishment, advocates for parole reform, and addresses the collateral consequences of incarceration for families and communities. The Center for Justice Innovation (CJI) works to develop resident-led strategies to advance safety and reduce violence, while the non-profit For The People works with legislators to pass laws that give prosecutors the ability to re-examine and rectify unjust sentencing decisions.

At the federal level, the Federal Bureau of Prisons (BOP) has implemented a number of reforms aimed at reducing recidivism and strengthening public safety. These include identifying inmates' individual "criminogenic" needs from the first day of incarceration, developing standardised, evidence-based programs to reduce recidivism, and enhancing programs for female inmates.

Despite these efforts, there is still much work to be done to achieve a fair and equitable criminal justice system in the United States.

Housing justice and community investment

The Biden-Harris administration has made housing justice and community investment a key part of its agenda to advance racial equity and support underserved communities. This includes addressing the historic role of federal and local governments in implementing discriminatory housing policies that have inhibited equal opportunity and wealth creation for communities of colour, rural communities, and communities facing persistent poverty.

One of the main ways in which the administration is seeking to advance housing justice is through the Justice40 Initiative, which aims to ensure that 40% of the benefits of investments in clean energy go towards disadvantaged communities. As part of this initiative, the administration has launched Environmental Justice Block Grants to tackle pollution in port communities, a Neighbourhood Access and Equity Grant program to improve walkability, safety, and affordability, and a new program to replace the nation's school bus fleet with clean and zero-emission buses.

The administration has also taken steps to address discrimination in the housing market, including launching the interagency Task Force on Property Appraisal and Valuation Equity (PAVE) and proposing a new Affirmatively Furthering Fair Housing rule to address the long history of discrimination and patterns of segregation. In addition, the administration has provided funding to support community power-building and tenant organisations, and has passed legislation to protect tenants from eviction and increase access to affordable housing.

At a local level, tenant organisations and community advocates are also playing a key role in advancing housing justice. For example, tenants in Minneapolis, MN launched a campaign for a Tenant Opportunity to Purchase Act (TOPA) policy in 2019, and tenants in a building in the Bronx successfully fought to purchase their building from their landlord. These tenant-led initiatives are a powerful anti-displacement strategy and can help to push back against the trend of private equity acquiring more and more property.

Overall, the Biden-Harris administration and community organisers recognise that housing justice is essential to advancing racial equity and supporting underserved communities. By prioritising housing justice, the administration is working to build safe, healthy, and resilient communities where everyone has the opportunity to thrive.

Environmental justice

The environmental justice movement in the United States has a history of breaking the law in pursuit of social change. The movement, primarily championed by Black people, Latinx people, Asian Americans, Pacific Islanders, and Indigenous People, fights for equal environmental protections and benefits for all, regardless of race, colour, national origin, or income.

The movement was born out of the statistical fact that people of colour and those living in poverty are more likely to live, work, and play in polluted environments. This reality, known as environmental racism, has been the subject of protests, marches, and non-violent direct action for decades.

One notable example of law-breaking in the name of environmental justice occurred in Warren County, North Carolina, in September 1982. Residents of the rural, poor, and overwhelmingly Black county were furious that state officials had chosen their community as the site for storing 6,000 truckloads of soil laced with toxic PCBs. Veterans of the Civil Rights Movement joined the local residents, lying down on roads to block the path of the trucks and engaging in six weeks of marches and street protests. More than 500 people were arrested, the first arrests in US history over the siting of a landfill.

While the people of Warren County ultimately lost this battle, their story inspired a new faction within the Civil Rights Movement and influenced early environmental justice leaders, who recognised the environment as another front in the struggle for justice. They employed similar tactics, including marches, petitions, coalition-building, community empowerment, litigation, and non-violent direct action.

The environmental justice movement has continued to grow and gain recognition, with the formation of grassroots groups and the increasing involvement of mainstream environmental organisations. While progress has been made, there is still work to be done to address the ubiquitous environmental injustice faced by marginalised communities.

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 and guarantee equal treatment under the law. Civil rights are distinct from civil liberties, which refer to personal freedoms protected from government intrusion, such as those listed in the Bill of Rights.

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 outlawing slavery, prohibiting states from abridging the privileges or immunities of citizens, and protecting citizens' right to vote regardless of "race, color, or previous condition of servitude."

Numerous federal laws have been enacted to protect civil rights, including the Civil Rights Act of 1964, which prohibits discrimination based on "race, color, religion, or national origin" in public accommodations and employment. The Voting Rights Act of 1965 guarantees the right to vote regardless of "race, color, or previous condition of servitude." The Civil Rights Act of 1968, also known as the Fair Housing Act, prohibits discrimination in housing based on "race, color, religion, sex, or national origin."

The concept of civil rights is closely tied to the idea of social justice, which seeks to address systemic injustices and inequalities. Dr. Martin Luther King Jr., a prominent civil rights leader, distinguished between just and unjust laws, arguing that individuals have a right and responsibility to break unjust laws that degrade human personality and uphold discrimination.

In recent years, there has been a renewed focus on advancing civil rights and addressing persistent inequalities in the U.S. The Biden-Harris Administration has made racial equity and social justice key priorities, signing executive orders and legislation aimed at addressing disparities in areas such as education, housing, criminal justice, and healthcare.

Education and the arts

Social justice in education is a complex and multifaceted issue that involves addressing systemic barriers and promoting equality and inclusivity for all students. It is about ensuring that all individuals, regardless of their background, have equal access to quality education and the opportunities necessary for success. This includes breaking down barriers related to race, gender, sexual orientation, and socioeconomic status, among other factors.

The history of education in the United States has been marked by struggles for equality, particularly around segregation and gender inequality. African American students were denied access to the same educational resources and facilities as their white counterparts for many years, perpetuating systemic racial inequality. Additionally, girls and women have historically been marginalized and denied equal educational opportunities, often due to traditional gender roles and societal expectations.

Today, social justice issues in education continue to persist, including racial and socioeconomic disparities, as well as LGBTQ+ rights and inclusion. Addressing these issues requires a multi-faceted approach that involves policy reform, teacher training, and community engagement.

Teachers play a crucial role in promoting social justice in education. They can create inclusive classrooms, incorporate social justice principles into their curriculum, and empower students to challenge societal prejudices and inequalities. For example, teachers can teach about the Civil Rights Movement, select diverse literature and resources, and facilitate respectful and inclusive discussions about social justice issues.

Government policies and reforms are also essential in advancing social justice in education. Initiatives such as increased funding for disadvantaged schools, scholarship programs, and targeted support for underprivileged students aim to level the playing field and ensure equal educational opportunities.

However, there are differing opinions on the role of social justice in education. Some argue that social justice has no place in education, claiming that it promotes intellectual laziness, encourages disrespect for authority, and fails to teach critical thinking skills. There is also concern that social justice movements in education may lead to the dismantling of important institutions and the erosion of personal responsibility.

In the arts, there is a similar debate. Some insist that art should serve social justice by addressing injustice and promoting diversity, equality, and justice. Others argue that this narrows the role of art and erases its traditional function of holding a mirror up to society and exploring universal themes.

Arts Education

In addition to its role in society, social justice is also relevant in arts education. Providing equal access to arts education is an important aspect of social justice, as it allows students from all backgrounds to develop their creative and artistic abilities. This includes ensuring that arts education is integrated into school curricula, offering arts programs and resources in diverse communities, and providing opportunities for students to explore and express their cultural identities through the arts.

Social justice in arts education also involves addressing biases and stereotypes, promoting cultural diversity and inclusion, and creating safe and supportive environments for all students. This may involve incorporating diverse artistic perspectives, challenging discriminatory attitudes, and providing anti-bullying policies and support for marginalized students.

Furthermore, arts education can be a powerful tool for social change. It can help students develop critical thinking and empathy, encouraging them to engage with social issues and take action for a more just and equitable world.

Social justice in education and the arts is a complex and multifaceted issue that involves addressing systemic inequalities and promoting equality, inclusivity, and fairness. It requires a multi-faceted approach that involves policy reform, teacher training, community engagement, and a commitment to providing equal opportunities for all individuals to succeed and reach their full potential.

Frequently asked questions