April, 20 2021, 12:00am EDT
New Fix Our Senate Report Examines the Filibuster's History as a Racist Tool to Obstruct Voting Rights
Report details how the filibuster has blocked progress on voting rights, civil rights, and democracy reform."No dispute among historians"—report disproves Senator McConnell’s brazen false claims of "no racial history."
WASHINGTON
A new report from Fix Our Senate details the "long and shameful history of segregationists and racists using the filibuster to block necessary progress on voting rights and democratizing our democracy." The comprehensive examination breaks down how the filibuster was used to block equal treatment under the law - specifically on voting rights, civil rights, and democracy reform - and how that use continues today. The report release comes as the Senate Judiciary Committee holds a hearing today, "Jim Crow 2021: The Latest Assault on the Right to Vote," and as Senator Mitch McConnell makes clear his intention to use the filibuster to block S.1, the "For The People Act."
Senator McConnell recently falsely claimed that the filibuster has "no racial history at all" and "there's no dispute among historians about that." Yet as the report details, throughout history racists and segregationists have used the filibuster to undermine bills that would combat voter suppression and protect civil rights.
The report focused on the filibuster's origins; its usage as a tool to block voting rights and democracy reforms; and the recognition that if we don't eliminate the filibuster, it will effectively provide Senator McConnell veto power over efforts to strengthen our democracy. Notable excerpts from the report include:
"Much of the legislation passed during the Civil Rights Movement that is now considered foundational equal rights law was initially met with stark opposition and faced numerous filibusters from senators who wanted to postpone or prevent that progress. Since then, the filibuster has been used to block voting rights in a slightly more discreet manner, thwarting bills that would abolish the Electoral College and strengthen campaign finance laws - both of which would make our democracy more representative by redistributing power and influence away from the wealthy and toward historically underrepresented groups."
"The filibuster - the legacy of a 19th century drafting error - is a racist tool of obstruction that impedes national progress, especially in the realm of democracy reform and voting rights. It enables the will of the minority to be prioritized over the passage of legislation to help the American people."
"The filibuster is not just a relic of our nation's racist past - it is also a present-day obstacle that will continue to block progress within the realms of democracy reform, voting rights, and many other areas. If we don't eliminate the filibuster, we are giving Mitch McConnell and Senate Republicans the ability to veto any and all attempts to strengthen our democracy and voting protections - reforms which were promised to voters when we delivered the Senate and the presidency."
Fix Our Senate spokesperson Eli Zupnick was quoted as saying:
"Despite Senator McConnell's false claims, the historical record is clear: there is a long and shameful history of segregationists and racists using the filibuster to block overdue progress on civil rights, voting rights and other efforts to build a more inclusive democracy. Senators can protect the filibuster, which President Obama called a 'Jim Crow relic,' or they can protect our democracy and the right to vote. They cannot do both."
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NYC Driver Rams Into Anti-Genocide Protest, Hospitalizes One
"Zionists on the streets and in police precincts have declared open season on young people fighting for Palestinian liberation," said one Columbia University student group.
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One pro-Palestinian protester was hospitalized on Tuesday after a pro-Israel driver "intentionally drove" into a group of picketers outside the home of one of Columbia University's trustees on New York City's Upper East Side, as demonstrations against Israel's bombardment of Gaza continued.
According to Columbia University Apartheid Divest (CUAD), the protesters "were attacked on the crosswalk" by an "Upper East Side Zionist."
CUAD reported that the man drove up to the demonstrators, who have been calling on Columbia to divest from companies that contract with Israel and for the U.S. government to stop supporting the Israel Defense Forces, and asked for a flyer before grabbing a protester by the arm.
He then "circled the block to drive into our peaceful demonstration," striking one person who was "arrested and handcuffed to the bed while in the hospital," said CUAD.
The New York Police Department
toldUSA Today that an argument broke out between the driver and the protesters and that "as the group of roughly 25 demonstrators walked away, a driver hit one person with his Volvo."
CUAD noted that the alleged attack took place as U.S. politicians including President Joe Biden have condemned the campus protest movement, with at least one lawmaker
applauding abusive behavior by anti-Palestinian counter-protesters and New York City Council member Vickie Paladino (R-19) saying last week that the student movement is being led by "monsters, and it's now our job to slay them."
Paladino's "call for vigilante justice was almost fulfilled today," said CUAD.
USA Today also reported that at a separate protest on the Upper West Side near the apartment building of the co-chair of Columbia's board of trustees, "a woman punched a demonstrator in the face, seemingly at random."
In Los Angeles last week, city police stood by while a mob of pro-Israel counter-protesters
attacked nonviolent students who had set up an encampment in solidarity with Palestinians in Gaza, where Israel has killed at least 34,789 and on Monday invaded Rafah, where more than 1 million Palestinians have been forcibly displaced.
On Tuesday, in honor of the U.S. Holocaust Memorial Museum's Annual Days of Remembrance, Biden gave a speech on antisemitism, conflating protests in support of Palestinian rights with the hatred of Jewish people.
CUAD and independent reporter Talia Jane said the driver is a relative of the late Meir Kahane, an American-born Israeli far-right extremist.
The driver's "actions today model a trend in which Zionists weaponize their discomfort over political slogans as an excuse to assault Palestinian, Muslim, Arab, Black, brown, and dissident Jewish protesters in violent retaliation for imagined threats," said CUAD. "Just as white supremacists ran over a protester in Charlottesville, Zionists on the streets and in police precincts have declared open season on young people fighting for Palestinian liberation."
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TikTok Sues US Government Over 'Unconstitutional' Potential Ban
One expert said legislators' admissions "that the ban was motivated by a desire to suppress content about the Israel-Gaza conflict will make the law especially difficult for the government to defend," said one First Amendment expert.
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A top First Amendment expert on Tuesday said TikTok has a strong case against the U.S. government as the social media platform filed a federal lawsuit against a potential ban—particularly since proponents of the law have admitted it is aimed at blocking Americans' access to news out of Gaza.
The platform filed the lawsuit against U.S. Attorney General Merrick Garland in the U.S. Court of Appeals for the District of Columbia Circuit nearly two weeks after President Joe Biden signed the Protecting Americans From Foreign Adversaries Act into law as part of a larger foreign aid package.
Under the law, TikTok parent company ByteDance, a Chinese firm, has 270 days to sell the platform, allowing it to continue operating in the U.S. If it does not sell TikTok, the app will no longer be available on U.S. networks and app stores.
As Common Dreams reported Monday, Republican lawmakers including U.S. Rep. Mike Lawler (R-N.Y.) and Sen. Mitt Romney (R-Utah) have linked TikTok to the burgeoning anti-war protest movement spreading across the U.S., with the latter saying in an interview with Secretary of State Antony Blinken last Friday that "there was such overwhelming support" in Congress to shut down TikTok because of the frequent posting of Palestine-related content on the app.
"Restricting citizens' access to media from abroad is a practice that has long been associated with repressive regimes, so it's sad and alarming to see our own government going down this road," said Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, on Tuesday. "TikTok's challenge to the ban is important, and we expect it to succeed. The First Amendment means the government can't restrict Americans' access to ideas, information, or media from abroad without a very good reason for it—and no such reason exists here."
"The fact that some legislators have acknowledged that the ban was motivated by a desire to suppress content about the Israel-Gaza conflict will make the law especially difficult for the government to defend," Jaffer added.
The law's sponsors claim it "is not a ban because it offers ByteDance a choice: divest TikTok's U.S. business or be shut down," reads the lawsuit. "But in reality, there is no choice. The 'qualified divestiture' demanded by the act to allow TikTok to continue operating in the United States is simply not possible: not commercially, not technologically, not legally."
Even if selling the app within the time frame was feasible, added TikTok and ByteDance, the law "would still be an extraordinary and unconstitutional assertion of power," ultimately allowing Congress to "circumvent the First Amendment by invoking national security and ordering the publisher of any individual newspaper or website to sell to avoid being shut down."
"And for TikTok, any such divestiture would disconnect Americans from the rest of the global community on a platform devoted to shared content—an outcome fundamentally at odds with the Constitution's commitment to both free speech and individual liberty," the plaintiffs continued.
At The Philadelphia Inquirer on Tuesday, columnist Will Bunch noted that about a third of Americans between the ages of 18-29 get their news from TikTok, according to a recent Pew survey—as Romney openly stated he fears last week.
As Bunch wrote:
During the war in Gaza, most mainstream Western journalists have been blocked from entering the war zone. The best source of real-time information is often the phone video of airstrikes and their aftermath either shot by Palestinian journalists—more than 90 of whom have been killed—or civilian bystanders. Look, there's disinformation about every issue on social media—it's a serious problem. I'm a clueless boomer myself about TikTok, but I do spend way too much time on X/Twitter and I can tell you exactly what is radicalizing young people about Gaza.
The reason so many under-30 folks have adopted the Palestinian cause isn't disinformation, from Hamas or China or anyone else. They've been radicalized by the truth—daily videos of young children, some of them bloodied, some of them already dead, covered in dust and targeted by 2,000-pound dumb bombs made right here in America.
"If the real motivation for zapping TikTok from your phone is to silence legitimate political speech, just because a lot of members of Congress don't like it," wrote Bunch, "then this bill is the worst attack on the First Amendment since the government was sending World War I critics like Eugene V. Debs and Kate Richards O'Hare to prison, more than 100 years ago."
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Congress Urged to Tax Big Oil for Price Fixing and 'Issue Every American a Refund'
The Groundwork Collaborative's leader also said that "the Department of Justice should criminally prosecute Scott Sheffield," the former Pioneer CEO whom the FTC blocked from joining ExxonMobil's board.
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Groundwork Collaborative executive director Lindsay Owens on Tuesday responded to U.S. government allegations of fossil fuel industry price fixing with calls for federal prosecution and congressional action to return money to the American public.
"Americans have been working harder and harder to cover rising energy costs, with the understanding that supply chain snags and geopolitical forces were keeping prices high," Owens said. "Now the Federal Trade Commission has uncovered the real source behind the price at the pump: collusion."
"The Department of Justice should criminally prosecute Scott Sheffield and Congress should tax back the industry's windfall profits and issue every American a refund," she added, referring to Pioneer Natural Resources' founder and longtime CEO.
Owens' statement came after members of the Federal Trade Commission (FTC) declined to contest ExxonMobil's controversial $64.5 billion acquisition of Pioneer—which was completed Friday—but approved a consent order barring Sheffield from serving on Exxon's board of directors or as an adviser to the fossil fuel giant.
"This complaint is a wake-up call about the dangerous consolidation of Big Oil's economic and political power."
The FTC voted 3-2 to accept the order and place related documents on the record for public comment. Citing communications including in-person meetings, public statements, text messages, and WhatsApp conversations, a commission complaint accuses Sheffield of trying to collude with the representatives of the Organization of Petroleum Exporting Countries (OPEC) and OPEC+.
"Mr. Sheffield's past conduct makes it crystal clear that he should be nowhere near Exxon's boardroom. American consumers shouldn't pay unfair prices at the pump simply to pad a corporate executive's pocketbook," said Kyle Mach, deputy director of the FTC's Bureau of Competition. "The FTC will remain vigilant in its enforcement efforts to protect competition in these vital markets."
Pioneer toldFortune that the company and its founder "believe that the FTC's complaint reflects a fundamental misunderstanding of the U.S. and global oil markets and misreads the nature and intent of Mr. Sheffield's actions," but neither party would take "any steps to prevent the merger from closing."
ExxonMobil "learned of the FTC's allegations regarding Sheffield from the agency and said in a statement that they are 'entirely inconsistent with how we do business,'" according to Fortune. "Exxon has agreed to the terms of the consent decree," which also "prohibits the oil giant from appointing any Pioneer employee or director to its board for five years."
Still, since the FTC's allegations were initially reported by The Wall Street Journal last week and then confirmed with the complaint's release, demands for additional action by the U.S. Department of Justice (DOJ) and Congress have mounted.
Cassidy DiPaola, Fossil Free Media's director of communications, on Monday called the complaint "explosive" and said that Democrats "must respond with bold action to hold this rogue industry accountable," including:
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"But accountability is just the first step. This complaint is a wake-up call about the dangerous consolidation of Big Oil's economic and political power. We can't let them use megamergers to entrench their control and crush clean energy competition," she stressed. "Ultimately, this is about the future we choose: One where we remain at the mercy of Big Oil's greed and destruction, or one where clean, democratically controlled energy powers our communities. It's time to make the right choice."
In response to the Journal's reporting, Tyson Slocum, director of Public Citizen's Energy Program, similarly said that "Congress must immediately hold hearings on Big Oil's alleged collusion with OPEC to raise gasoline prices for Americans."
"Congress must not only investigate Pioneer's alleged role in conspiring with OPEC, but whether there existed a broader conspiracy by U.S. oil companies to collude with OPEC nations," he argued. "Big Oil must be held accountable for any conspiracy by or among American oil companies and OPEC members."
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