There seems to be some contention as to whether or not former U.S. president George W. Bush said "Stop throwing the Constitution in my face,” Bush screamed back. “It’s just a goddamned piece of paper!".
http://www.factcheck.org/2007/12/bush-the-constitution-a-goddamned-piece-of-paper/
But the fact of the matter is, it might as well be considered in those terms by former and current U.S. administrations. And ever more so now, under the Democratic Obama administration.
But the fact of the matter is, it might as well be considered in those terms by former and current U.S. administrations. And ever more so now, under the Democratic Obama administration.
The brutal repression of Occupy Wall Street protestors in NYC, Portland, OR, Oakland, and of University of California Berkeley and Davis students reached a pinnacle last week. When peacefully protesting students at your lead editor's formerly beloved alma mater, the University of California, Davis, were tortured by the campus police with pepper spray because they linked arms and would not get to their feet. Not just spraying at them, but in their faces and mouths. In the words of one witness:
Additionally, Nathan Brown, an assistant English professor at UC Davis issued a scathing open letter to Chancellor Katehi asking on behalf of The Davis Faculty Association that she step down.
Brown details the pepper spraying incident:
Without any provocation whatsoever, other than the bodies of these students sitting where they were on the ground, with their arms linked, police pepper-sprayed students. Students remained on the ground, now writhing in pain, with their arms linked.What happened next?
Police used batons to try to push the students apart. Those they could separate, they arrested, kneeling on their bodies and pushing their heads into the ground. Those they could not separate, they pepper-sprayed directly in the face, holding these students as they did so. When students covered their eyes with their clothing, police forced open their mouths and pepper-sprayed down their throats. Several of these students were hospitalized. Others are seriously injured. One of them, forty-five minutes after being pepper-sprayed down his throat, was still coughing up blood.
http://sfist.com/2011/11/19/video_uc_davis_chancellors_eerily_s.php
I was fortunate enough to have attended this University in the 1980s, when it was still relatively affordable, and the state of California was able to provide generous assistance to serious students in attendance there. It was, and is a very prestigious University, internationally recognised for the strength of it's scientific research in many disciplines. And set in the quiet, peaceful agricultural area of the lower Sacramento Valley. Up until now, UC Berkeley was always considered the "activist" university, whilst Davis was looked upon as a very serious, disciplined, and in some ways, boring campus. That was never my impression though, there were alot of counter-culture influences when I attended, and still are.
Starting in the late 1980s, continued state and federal budget cuts, combined with skyrocketing fees/tuition, and corruption/collusion between the University of California system and student loan lenders, has left many students holding debts in the tens of thousands of dollars upon graduation. And, with fewer and fewer jobs available, no real way to even begin repaying that burden. Which is why many students at campuses all over the country are joining the Occupy Wall Street movement.
This kind of brutal and inhuman treatment of peaceful protestors is a direct result of the increasing militarisation of the police forces in the U.S., which has occurred since the 1980s. Former civil rights attorney and constitutional scholar Glenn Greenwald wrote an exceptionally thorough and important article documenting the brutality at UC Davis, and it's greater meaning. We think it's highly worthy of reading in its entirety:
http://www.salon.com/2011/11/20/the_roots_of_the_uc_davis_pepper_spraying/singleton/
The roots of the UC-Davis pepper-spraying
(updated below)
The now-viral video of police officers in their Robocop costumes sadistically pepper-spraying peaceful, sitting protesters at UC-Davis (details here) shows a police state in its pure form. It’s easy to be outraged by this incident as though it’s some sort of shocking aberration, but that is exactly what it is not. The Atlantic‘s Garance Franke-Ruta adeptly demonstrates with an assemblage of video how common such excessive police force has been in response to the Occupy protests. Along those lines, there are several points to note about this incident and what it reflects:
(1) Despite all the rights of free speech and assembly flamboyantly guaranteed by the U.S. Constitution, the reality is that punishing the exercise of those rights with police force and state violence has been the reflexive response in America for quite some time. As Franke-Ruta put it, “America has a very long history of protests that meet with excessive or violent response, most vividly recorded in the second half of the 20th century.” Digby yesterday recounted a similar though even worse incident aimed at environmental protesters.
The intent and effect of such abuse is that it renders those guaranteed freedoms meaningless. If a population becomes bullied or intimidated out of exercising rights offered on paper, those rights effectively cease to exist. Every time the citizenry watches peaceful protesters getting pepper-sprayed — or hears that an Occupy protester suffered brain damage and almost died after being shot in the skull with a rubber bullet — many become increasingly fearful of participating in this citizen movement, and also become fearful in general of exercising their rights in a way that is bothersome or threatening to those in power.
That’s a natural response, and it’s exactly what the climate of fear imposed by all abusive police state actions is intended to achieve: to coerce citizens to “decide” on their own to be passive and compliant — to refrain from exercising their rights — out of fear of what will happen if they don’t.
The genius of this approach is how insidious its effects are: because the rights continue to be offered on paper, the citizenry continues to believe it is free. They believe that they are free to do everything they choose to do, because they have been “persuaded” — through fear and intimidation — to passively accept the status quo. As Rosa Luxemburg so perfectly put it: “Those who do not move, do not notice their chains.” Someone who sits at home and never protests or effectively challenges power factions will not realize that their rights of speech and assembly have been effectively eroded because they never seek to exercise those rights; it’s only when we see steadfast, courageous resistance from the likes of these UC-Davis students is this erosion of rights manifest.
Pervasive police abuses and intimidation tactics applied to peaceful protesters — pepper-spray, assault rifles, tasers, tear gas and the rest — not only harm their victims but also the relationship of the citizenry to the government and the set of core political rights. Implanting fear of authorities in the heart of the citizenry is a far more effective means of tyranny than overtly denying rights. That’s exactly what incidents like this are intended to achieve.
Overzealous prosecution of those who engage in peaceful political protest (which we’ve seen more and more of over the last several years) as well as rampant secrecy and the sprawling Surveillance State are the close cousins of excessive police force in both intent and effect: they are all about deterring meaningful challenges to those in power through the exercise of basic rights. Rights are so much more effectively destroyed by bullying a citizenry out of wanting to exercise them than any other means. These two short video clips — regarding the openly abusive treatment of Bradley Manning and the extra-judicial attempt to destroy WikiLeaks — are how I’ve been trying to make this point over the past month in the various speeches I’ve given around the country:
(2) Although excessive police force has long been a reflexive response to American political protests, two developments in the post-9/11 world have exacerbated this. The first is that the U.S. Government — in the name of Terrorism — has aggressively para-militarized the nation’s domestic police forces by lavishing them with countless military-style weapons and other war-like technologies, training them in war-zone military tactics, and generally imposing a war mentality on them. Arming domestic police forces with para-military weaponry will ensure their systematic use even in the absence of a Terrorist attack on U.S. soil; they will simply find other, increasingly permissive uses for those weapons. Responding to peaceful protests and other expressions of growing citizenry unrest with brute force is a direct by-product of what we’ve allowed to be done to America’s domestic police forces in the name of the War on Terror (and, before that, in the name of the War on Drugs).
The second exacerbating development is more subtle but more important: the authoritarian mentality that has been nourished in the name of Terrorism. It’s a very small step to go from supporting the abuse of defenseless detainees (including one’s fellow citizens) to supporting the pepper-spraying and tasering of non-violent political protesters. It’s an even smaller step to go from supporting the power of the President to imprison or kill anyone he wants (including one’s fellow citizens and even their teenaged children) with no transparency, checks or due process to supporting the power of the police and the authorities who command them to punish with force anyone who commits the “crime” of non-compliance. At the root of all of those views is the classic authoritarian mindset: reflexive support for authority, contempt for those who challenge them, and a blind faith in their unilateral, unchecked decisions regarding who is Bad and deserves state-issued punishment.
It’s anything but surprising that a country that has cheered as its Presidents seize the most limitless powers against allegedly Bad People — all as part of the ultimate instrument of citizen degradation: Endless War — cheer just as loudly when that same mindset is applied at home to domestic trouble-makers. The supreme threat has never been from foreign Terrorists, but rather from what was done by our own public- and private-sector authorities (and the mentality they successfully implanted) in their name.
(3) Beyond the light it is shedding on how power is really exercised in the U.S., this UC-Davis episode underscores why I continue to view the Occupy movement as one of the most exciting, inspiring and important political developments in many years. What’s most striking about that UC-Davis video isn’t the depraved casualness of the officer’s dousing the protesters’ faces with a chemical agent; it’s how most of the protesters resolutely sat in place and refused to move even when that happened, while the crowd chanted support (this video, taken from a slightly different vantage point, vividly shows this, beginning at 4:15). We’ve repeatedly seen acts of similar courage spawned by the Occupy movement.
It was the NYPD’s abusive pepper-spraying, followed by Mayor Bloomberg’s lawless destruction of the Zuccotti Park encampment, that prompted far more people than ever to participate in the next march across the Brooklyn Bridge. A tear gas attack on Occupy Oakland was followed by a general strike of 20,000 people. And this truly extraordinary, blunt and piercing open letter demanding the resignation of the heinous UC-Davis Chancellor Linda P.B. Katehi was written by a young, untenured Assistant Professor — Nathan Brown — who obviously decided that his principled beliefs outweigh his careerist ambitions.
This is the most important effect of the Occupy movement: acts of defiance, courage and conscience are contagious. Just as the Arab Spring clearly played some significant role in spawning, sustaining and growing the American Occupy movement, so too have the Occupy protesters emboldened one another and their fellow citizens. The protest movement is driving the proliferation of new forms of activism, citizen passion and courage, and — most important of all — a sense of possibility. For the first time in a long time, the use of force and other forms of state intimidation are not achieving their intended outcome of deterring meaningful (i.e., unsanctioned and unwanted) citizen activism, but are, instead, spurring it even more. The state reactions to these protests are both highlighting pervasive abuses of power and generating the antidote: citizen resolve to no longer accept and tolerate it. This is why I hope to see the Occupy movement — even if it adopts specific demands — remain an outsider force rather than reduce itself into garden-variety partisan electioneering: in its current form, it is demanding and re-establishing the indispensable right of dissent, defiance of unjust authority, and sustained protest.
UPDATE: Regarding the last point — the uniquely effective, inspiring activism this movement is spawning — here is video of Chancellor Katehi walking to her car while being forced to confront a wall of silent condemnation and shaming. It’s not the accountability she should face (firing), but one can see from this video that it’s quite potent nonetheless; moreover, it really reveals who the actual threats are to public safety — not the protesters but rather those using force against them:
It just so happens that this very day, this message came for your lead editor from the UC Davis Chancellor Katehi, since I am in the Alumni Association:
November 20, 2011
Dear Alumni and Friends,
Friday was not a day that would make anyone on our campus proud; indeed the events of the day need to guide us forward as we try to make our campus a better place of inquiry, debate, and even dissent. This past week our campus was a site of week-long peaceful demonstrations during which students were able to express their concerns about many issues facing higher education, the University of California, our campus, our nation, and the world as a whole. Those events involved multiple rallies in the Quad and an occupation of Mrak Hall which ended peacefully a day later.
However, the events on Friday were a major deviation from that trend. In the aftermath of the troubling events we experienced, I will attempt to provide a summary of the incident with the information now available to me and the steps we will follow going forward.
After a week of peaceful exchange and debate, on Thursday a group of protestors including UC Davis students and other non-UC Davis affiliated individuals established an encampment of about 25 tents on the Quad. The group was reminded that while the university provides an environment for students to participate in rallies and express their concerns and frustrations through different forums, university policy does not allow such encampments on university grounds.
On Thursday, the group stayed overnight despite repeated reminders by university staff that their encampment violated university policies and they were requested to disperse. On Friday morning, the protestors were provided with a letter explaining university policies and reminding them of the opportunities the university provides for expression. Driven by our concern for the safety and health of the students involved in the protest, as well as other students on our campus, I made the decision not to allow encampments on the Quad during the weekend, when the general campus facilities are locked and the university staff is not widely available to provide support.
During the early afternoon hours and because of the request to take down the tents, many students decided to dismantle their tents, a decision for which we are very thankful. However, a group of students and non-campus affiliates decided to stay. The university police then came to dismantle the encampment. The events of this intervention have been videotaped and widely distributed. As indicated in various videos, the police used pepper spray against the students who were blocking the way. The use of pepper spray as shown on the video is chilling to us all and raises many questions about how best to handle situations like this.
To this effect, I am forming a task force comprised of faculty, students and staff to review the events and provide to me a thorough report within 30 days. The task force will be chosen this week and convene immediately to begin their work. As part of this, a process will be designed that allows members of the community to express their views on this matter. In addition, I will hold a series of meetings and forums with students, faculty and staff to listen to their concerns and hear their ideas for restoring civil discourse to the campus. In the interim, two UC Davis police officers involved in the incident have been placed on administrative leave following their use of pepper spray.
Related to current policies, I am asking the office of Administrative and Resource Management and the office of Student Affairs to review our policies in relation to encampments of this nature and consider whether our existing policies reflect the needs of the students at this point in time. If our policies do not allow our students enough flexibility to express themselves, then we need to find a way to improve these policies and make them more effective and appropriate.
Our campus is committed to providing a safe environment for all to learn freely and practice their civil rights of freedom of speech and expression. [really? tell that to the tortured students and their families, eds.] At the same time, our campus has the responsibility to ensure the safety of all others who use the same spaces and rely on the same facilities, tools, environments and processes to practice their freedoms to work and study. [a classic fascist response, blame the victims-they had it coming, to protect public safety! just like the fascists used to say in Chile, 1973-1990, as they tortured/murdered/disappeared people with US support. eds.]
Dear Alumni and Friends,
Friday was not a day that would make anyone on our campus proud; indeed the events of the day need to guide us forward as we try to make our campus a better place of inquiry, debate, and even dissent. This past week our campus was a site of week-long peaceful demonstrations during which students were able to express their concerns about many issues facing higher education, the University of California, our campus, our nation, and the world as a whole. Those events involved multiple rallies in the Quad and an occupation of Mrak Hall which ended peacefully a day later.
However, the events on Friday were a major deviation from that trend. In the aftermath of the troubling events we experienced, I will attempt to provide a summary of the incident with the information now available to me and the steps we will follow going forward.
After a week of peaceful exchange and debate, on Thursday a group of protestors including UC Davis students and other non-UC Davis affiliated individuals established an encampment of about 25 tents on the Quad. The group was reminded that while the university provides an environment for students to participate in rallies and express their concerns and frustrations through different forums, university policy does not allow such encampments on university grounds.
On Thursday, the group stayed overnight despite repeated reminders by university staff that their encampment violated university policies and they were requested to disperse. On Friday morning, the protestors were provided with a letter explaining university policies and reminding them of the opportunities the university provides for expression. Driven by our concern for the safety and health of the students involved in the protest, as well as other students on our campus, I made the decision not to allow encampments on the Quad during the weekend, when the general campus facilities are locked and the university staff is not widely available to provide support.
During the early afternoon hours and because of the request to take down the tents, many students decided to dismantle their tents, a decision for which we are very thankful. However, a group of students and non-campus affiliates decided to stay. The university police then came to dismantle the encampment. The events of this intervention have been videotaped and widely distributed. As indicated in various videos, the police used pepper spray against the students who were blocking the way. The use of pepper spray as shown on the video is chilling to us all and raises many questions about how best to handle situations like this.
To this effect, I am forming a task force comprised of faculty, students and staff to review the events and provide to me a thorough report within 30 days. The task force will be chosen this week and convene immediately to begin their work. As part of this, a process will be designed that allows members of the community to express their views on this matter. In addition, I will hold a series of meetings and forums with students, faculty and staff to listen to their concerns and hear their ideas for restoring civil discourse to the campus. In the interim, two UC Davis police officers involved in the incident have been placed on administrative leave following their use of pepper spray.
Related to current policies, I am asking the office of Administrative and Resource Management and the office of Student Affairs to review our policies in relation to encampments of this nature and consider whether our existing policies reflect the needs of the students at this point in time. If our policies do not allow our students enough flexibility to express themselves, then we need to find a way to improve these policies and make them more effective and appropriate.
Our campus is committed to providing a safe environment for all to learn freely and practice their civil rights of freedom of speech and expression. [really? tell that to the tortured students and their families, eds.] At the same time, our campus has the responsibility to ensure the safety of all others who use the same spaces and rely on the same facilities, tools, environments and processes to practice their freedoms to work and study. [a classic fascist response, blame the victims-they had it coming, to protect public safety! just like the fascists used to say in Chile, 1973-1990, as they tortured/murdered/disappeared people with US support. eds.]
I spoke with students this weekend and I feel their outrage. I am deeply saddened that this happened on our campus, and as chancellor, I take full responsibility for the incident. [then you should step down, eds.] I pledge to take the actions needed to ensure this does not happen again. I feel sorry for the harm our students were subjected to and I vow to work tirelessly to make the campus a more welcoming and safe place.
Sincerely,
Linda P.B. Katehi
Chancellor
I wrote back to the UC Davis Alumni Association, and told them I am renouncing my membership and any ties to the university, unless the Chancellor steps down, and the police who tortured the students are arrested and prosecuted on assault charges. That if were able, I and as many others as I could persuade, would join further protests at UC Davis, and offer whatever assistance we could to their movement. I also made sure to mention that I will be offering assistance and support to the courageous members of the Davis Faculty Association, who are endangering their livelihoods by standing with, supporting, and trying to protect their students. Is the US Constitution just a "Goddamn Piece of Paper"? Cheers.
Sincerely,
Linda P.B. Katehi
Chancellor