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One of the most unfortunate elements of the Breitbart organization’s attempt to smear President Obama on the basis of his support, as a law student, for professor Derrick Bell has been the claim that Bell was somehow antisemitic. The claim rests on “Space Traders,” a 1993 short story Bell wrote, a sci-fi parable that sketches an encounter between the United States and mysterious space aliens who offer the country unimaginable wealth in exchange for the abduction of the nation’s black population.
The Breitbart folks quote from a review of a book critical of Bell which includes a gloss on the Space Traders story. Here’s the relevant portion:
“Jews condemn the trade as genocidal and organize the Anne Frank Committee to try to stop it. Empathy from another group that has suffered oppression? Not according to Bell. Instead, Jews worry that ‘in the absence of blacks, Jews could become the scapegoats.’ … The story is … a poke in the eye of American Jews, particularly those who risked life and limb by actively participating in the civil rights protests of the 1960′s. Bell clearly implies that this was done out of tawdry self-interest. Perhaps most galling is Bell’s insensitivity in making the symbol of Jewish hypocrisy the little girl who perished in the Holocaust — as close to a saint as Jews have. A Jewish professor who invoked the name of Rosa Parks so derisively would be bitterly condemned — and rightly so.”
This passage is the source of numerous criticisms of Bell, including a viral claim on Twitter that he “publicly mocked Anne Frank.” But it’s grounded in a fundamental misreading of Bell’s story.
In Space Traders, American Jews are among the leading opponents to the plan to trade away the country’s black population. Bell quotes a fictional rabbi as saying that people of faith
“Simply cannot stand by and allow America’s version of the Final Solution to its race problem to be carried out without our strong protest and committed opposition. Already … a secret Anne Frank Committee has formed, and its hundreds of members have begun to locate hiding places in out of the way sites across this great country. Blacks by the thousands can be hidden for years if necessary until the nation returns to its senses. We vow this action because we recognize the fateful parallel between the plight of the blacks in this country and the situation of the Jews in Nazi Germany. Holocaust scholars agree that the Final Solution in Germany would not have been possible without the pervasive presence and the uninterrupted tradition of anti-Semitism in Germany. We must not let the space Traders be the final solution for blacks in America.”
Bell never suggests that this speech is dishonest or maliciously motivated. He portrays American Jews as flocking to the rabbi’s call, and as suffering legal persecution, economic retaliation, and antisemitic abuse as a result.
But what of Kosinski’s quote, which he says demonstrates that Bell “derisively” regards all of the above as “hypocrisy” and craven self-interest? Well, you can read the relevant passage for yourself:
“A concern of many Jews not contained in their official condemnations of the Trade offer was that, in the absence of blacks, Jews could become the scapegoats for a system so reliant on an identifiable group on whose heads less-well-off whites can discharge their hate and frustrations for societal disabilities about which they are unwilling to confront their leaders. Given the German experience, few Jews argued that ‘it couldn’t happen here.’”
Bell doesn’t describe Jewish concern for blacks as a sham, nor does he characterize their concern about antisemitism as “tawdry self-interest.” He depicts Jewish opponents of the trade as motivated both by sincere empathy for blacks and by legitimate worries about antisemitism.
Derrick Bell was a pessimist. He believed that those who thought the country’s racial woes were in its past were dangerously deluded, and Space Traders was an expression of that perspective. A fair reading of the text makes it absolutely clear that he saw American Jews, like American blacks, as victims of the country’s white supremacist ideology, and that he viewed their fear of becoming targets of bigotry as entirely reasonable. The story is a slavery allegory, but it is a Holocaust allegory as well.
There’s nothing antisemitic in the piece. Nothing at all.
Update | Lots of folks seem to be under the mistaken impression that Bell himself called Anne Frank “the symbol of Jewish hypocrisy.” As the quotes above make clear, Bell never used that phrase in any context. The term comes from Alex Kosinski’s review, in which it appears as Kozinski’s gloss on Bell’s writing.
Second Update | Now it’s being argued in multiple places that Bell wrote that “Jews would sell blacks as slaves.” This is, of course, pretty much the opposite of Bell’s position, even in the most uncharitable reading of his work.
Like this:
The Breitbart machine’s attempt to smear President Obama for his 1990 embrace of civil rights activist and legal theorist Derrick Bell is an act of cynical, craven maliciousness. There was nothing covert about Obama’s support for Bell, nothing hidden about a video clip that appeared on television during the 2008 campaign and has remained online ever since. It’s a ginned up non-story grounded in a long list of lies and distortions.
Which is a shame not least because Bell is a figure around whom real, important arguments could easily be built. A civil rights lawyer who grew skeptical of the Brown vs. Board of Ed decision, a Harvard Law professor who wrote an agitprop sci-fi story that was adapted into a schlocky HBO production, Bell was a strange and complicated man. His views on race and justice were contrarian, pessimistic, and deeply unsettling to those — of any race — who regard the project of achieving American racial equality as having entered its mopping-up phase.
I’ve been going back and reading (often re-reading) some of Bell’s writings since this story broke yesterday, and I’ve been struck again and again by his ability to provoke and to unsettle. Take for instance his characterization, from a 1998 book review, of black people as living “at the mercy of a criminal justice system that unapologetically prefers and protects whites.”
It’s the “unapologetically” that inflicts the real pain there — a defiant, hostile characterization that seems designed to provoke defensiveness and dismissal. But the word is crucial to his larger argument, because it characterizes our society as one in which racism is not vestigial but essential. Racism, to Bell, wasn’t peripheral to American identity, but ingrained deeply within it, and if one did not acknowledge that reality, one’s efforts to combat it were bound to fail, and fail in shoddy, pathetic ways.
Bell’s critics often accused him of proceeding by assertion rather than argumentation, and there’s merit to that complaint. The “unapologetically” in that sentence is offered as a fact, not a hypothesis, and the casualness with which it is deployed renders it difficult to respond to. How would one prove that Bell was wrong? By offering examples of white American racial apology? By pointing to instances of liberal hand-wringing over racial abuses? Any attempt to engage seems to lead to entanglement, and Bell has no interest in finding a congenial middle ground.
But what he’s up to is something far more interesting than mere assertion, even in the parables that have drawn so much mockery. (Evidence of their confounding power can be found in the fact that they reduced a scholar as cogent as Richard Posner to the ugly and spluttering claim that they “reinforce stereotypes about the intellectual capacities of nonwhites.”) No, the project Bell is engaged in is the construction of an alternate reality, a brick-by-brick dismantling of received notions of how things are, to be replaced with a new way of seeing. Facts are important to this project, but Bell is mostly uninterested in arguing over facts — he proceeds from the premise that the facts are undisputed, and that it’s the interpretation of those facts that’s at issue.
Take this, from the piece I quoted above. Addressing the question of whether it is “proper to use a person’s race as a proxy for an increased likelihood of criminal misconduct,” Bell notes that from the dawn of slavery to the days of Korematsu, “the law’s answer was clearly, yes.”
He goes on:
“Affirmative action is under tremendous pressure politically and legally because whites claim they are innocent victims of policies that penalize them for the misconduct of others who also happen to be white. As a result, the Supreme Court has severely limited those programs by requiring that they meet the exacting standards of strict scrutiny. But the Court has approved race-based police stops with barely a mention of the harm suffered by innocent blacks or Mexican-Americans who look like suspects who also happen to be black or Latino. This inconsistency is not an aberration but part of a long-standing pattern to shape legal standards to protect whites when such protection can be achieved at the expense of blacks.”
“This inconsistency is not an aberration.” That phrase, that idea, constitutes the heart of Derrick Bell’s analysis of race and law in the United States.
Update | Much more about Derrick Bell.
• • •
Video has surfaced from a speech President Obama gave at a campus rally in 1990, the first of a series of videos that conservative activist Andrew Breitbart claimed would reveal the president’s true radicalism to the American people.
Only a little over a minute of the speech has appeared so far, but Breitbart’s website promises “additional footage that has been hidden by Obama’s allies in the mainstream media and academia” is yet to come.
In today’s video, Obama — then a 29-year-old Harvard law student — is seen introducing Harvard professor Derrick Bell, who had taken an unpaid leave from the law school to protest the absence of women of color from its tenured faculty ranks. Bell, who had been a prominent civil rights lawyer in the 1960s, was the school’s first black tenured professor and a prominent scholar in the field of critical race theory.
Here’s the clip, followed by a transcript and a bit more background.
Obama:
“And I remember that the black law students had organized an orientation for the first year students. And one of the persons who spoke at that orientation was Professor Bell. And I remember him sauntering up to the front, and not giving us a lecture but engaging us in a conversation. And speaking the truth, and telling us that he [cut] to learn of this place that I’ve carried with me ever since. Now how did this one man do all this? How has he accomplished all this? He hasn’t done it simply by his good looks and easy charm, although he has both in ample measure. He hasn’t done it simply because of the excellence of his scholarship, although his scholarship has opened up new vistas and new horizons, and changed the standards of what legal writing is about. [cut] Open up your hearts and your minds to the words of Professor Derrick Bell.”
In a February 9 speech Breitbart, who died unexpectedly on March 1, said that he was going to “vet” the president with videos “from his college days to show you why racial division and class warfare are central to what hope and change was sold in 2008. The videos are going to come out, the narrative is going to come out.”
After alluding to Obama’s relationship with “silver ponytails” like former Weather Underground leaders Bernardine Dorhn and Bill Ayers, Breitbart said that when Obama was at Harvard “he was advocating for the worst of the worst to join the faculty. Radicals. Radicals at Beiruit on the Charles.” (If Breitbart’s “worst of the worst” reference was to Professor Bell, he was taking some liberties with the timeline — Bell was hired by Harvard in 1969, when Obama was seven years old. He was tenured there in 1971, left in 1980, and returned in 1986, two years before Obama enrolled.)
All should be revealed soon, however, as the Breitbart people say they’ll play the “full tape” on Sean Hannity’s Fox News show tonight. I’ll be watching, and I’ll update this post if anything interesting turns up.
Update | PBS’s Frontline website has posted what it says is the “full archived tape” of the speech as recorded and edited by local affiliate WBGH in 1990. Though no additional portions of Obama’s speech appear on that tape, which consists of 4-minute report on Bell’s withdrawal from teaching and an additional seven minutes of raw clips from the protest, Frontline says “no other footage of the event exists at WGBH.” Excerpts from the tape appeared in a Frontline documentary on Obama in 2008, and have been available online ever since.
Second Update | The Breitbart site has posted its first purported evidence of what they call Bell’s “radical … bizarre … racialist, antisemitic” views, a short story he wrote called “Space Traders.” (You can read that story and judge it for yourself here.) Unfortunately for their attempt to tar Obama with the contents of that story, however, it was published in October 1993, some three years after Obama’s Harvard speech.
Third Update | One amusing moment from the WBGH tape: Professor Bell is seen at 8:52 noting that while he himself relied on a written outline for his address, “the student” — future president Obama — “delivered a mighty address without notes.” Given Breitbart’s fondness for making teleprompter jokes at Obama’s expense, that one’s got to sting a little.
Fourth Update | Unsurprisingly, the Breitbart gloss on Bell’s short story, “Space Traders,” as antisemitic is unwarranted. In the story, a sci-fi allegory which imagines space aliens offering the United States untold wealth in exchange for its black citizenry, a group of Jews object to the trade. The Breitbart site quotes an op-ed by a federal judge as saying that in the story, the Jews are motivated not by “empathy from another group that has suffered oppression” but “instead” by fear “that ‘in the absence of blacks, Jews could become the scapegoats.’”
But this is a tendentious misreading of Bell, who describes the Jewish leaders as denouncing “America’s version of the Final Solution to its race problem” and promising to disrupt it by ” all possible nonviolent means” if necessary, including by hiding black families in their own homes “until the nation returns to its senses.” Jewish concern that they could become scapegoats should blacks disappear is offered by Bell as an additional fear, not as a true, duplicitous motivation, and it is a fear that Bell presents as justified in “a system so reliant on an identifiable group on whose heads less-well-off whites can discharge their hate and frustrations for societal disabilities about which they are unwilling to confront their leaders.”
Great writing? Maybe not. Subtle writing? Probably not. But antisemitic? Not that either.
Fifth Update | Okay, I watched Hannity. They found a two-second clip of Obama hugging Bell after introducing him at the rally, and a clip of Harvard professor Charles Ogletree joking that he hid that clip from the media during the 2008 campaign. That’s it. That’s the whole thing that they have.
Like this:
Running around today, but wanted to at least quickly follow up on the student protests in Sacramento and Albany yesterday.
The New York Times has a good overview of the Albany action. Excerpt:
About 300 students, most of them from public universities in New York, rattled the Capitol on Monday with an outburst of loud protests, in the gallery of the Senate Chamber and outside the governor’s office.
The students, part of a statewide coalition of campus organizations called New York Students Rising, were objecting to the tuition hikes that were approved last year under a measure that permits public universities in New York to increase tuition by up to 5 percent per year over the next five years. The research universities at Albany, Buffalo, Binghamton and Stony Brook are permitted an additional 3 percent tuition increase each year.
The bill also allows the universities to form partnerships with private corporations for development, a change that Alexi Shalom, a student atHunter College, said he feared would bring for-profit enterprises into the public universities.
“It’s a public university,” he said. “It’s supposed to be funded by tax dollars. We oppose corporations and big business being involved in our education.”
New York Students Rising, who mounted the protest, put together an exhaustive media roundup.
For Sacramento, Occupy Education CA had a liveblog and the Berkeley Daily Cal had a solid writeup:
As California Highway Patrol officers stood guard at the entrance of the state Capitol building’s rotunda Monday afternoon, protesters inside the building kicked off a 7-hour occupation that resulted in at least 72 arrests.
The occupation followed a rally on the Capitol building’s steps in which thousands of protesters from across the state called for lawmakers to end the recent trend of decreased funding to the state’s public higher education systems.
Feel free to add links to additional coverage and analysis in comments.
Like this:
Three days after causing a huge uproar by calling Georgetown law student Sandra Fluke a “slut,” a “prostitute,” and a “feminazi,” Rush Limbaugh has apologized. But his statement makes clear that he has absolutely no clue what Fluke said in her testimony to Democratic members of Congress, or what her arguments on the subject of contraceptive coverage actually were. Either that, or he’s intentionally smearing her again by misrepresenting her position.
Here. Take a look. Judge for yourself:
Limbaugh: “I think it is absolutely absurd that during these very serious political times, we are discussing personal sexual recreational activities before members of Congress.”
Fluke made no reference to her own sexual history in her congressional testimony. She spoke not on the basis of her own personal experience of birth control use, but in her position as past president of Georgetown Law Students for Reproductive Justice.
Limbaugh: “I personally do not agree that American citizens should pay for these social activities.”
Fluke was not advocating for public financing of contraceptives, but for a policy mandating “contraception coverage in [the Georgetown] student health plan.” There was no contemplation of a government contraceptive entitlement program in Fluke’s testimony, or in the Obama administration proposal she spoke in favor of.
Limbaugh: “What happened to personal responsibility and accountability? Where do we draw the line?”
As Fluke made abundantly clear, coverage of contraceptive services is a matter that affects students who do not use the prescriptions for birth control. She spoke movingly and at length of a friend at Georgetown who “has polycystic ovarian syndrome and has to take prescription birth control to stop cysts from growing on her ovaries.” Her insurance claim “was denied repeatedly on the assumption that she really wanted the birth control to prevent pregnancy,” despite the fact that she is a lesbian.
Limbaugh: “If this is accepted as the norm, what will follow? Will we be debating if taxpayers should pay for new sneakers for all students that are interested in running to keep fit?”
Again, the question at hand is not what “taxpayers should pay” for, but what services will be covered under insurance plans established by institutions for employees, students, and other beneficiaries. There’s no issue of taxpayer funding on the table at all.
Limbaugh: “In my monologue, I posited that it is not our business whatsoever to know what is going on in anyone’s bedroom…”
Actually, Mr. Limbaugh, you not only discussed Ms. Fluke’s sex life — a subject which she had made literally no reference to in her testimony — at length and in graphic detail, you also demanded that she “post the videos online so we can all watch.”
This is worth underscoring. Sandra Fluke made no reference to her own sexual behavior in her congressional testimony. She said nothing to indicate that she has ever had heterosexual sex in her thirty years on the planet. Mr. Limbaugh’s extensive, repeated, prurient allegations and speculations as to her history and her proclivities had literally no basis in anything she had said to the members of Congress she addressed.
Limbaugh: “…nor do I think it is a topic that should reach a Presidential level.”
The president’s February 10 announcement of his contraceptive coverage policy made no reference to anyone’s sexual behavior. In fact it, like Ms. Fluke’s testimony, emphasized the importance of contraception “as a way to reduce the risks of ovarian and other cancers, and treat a variety of different ailments.”
The president also recognized the significance of prescription contraceptives as a method of birth control, of course, but given that — as he noted — “nearly 99 percent of all women have relied on contraception at some point in their lives” — the prudent course for those who are uninterested in public discussion of “what is going on in anyone’s bedroom” is to make contraception universally available to those who need it.
Limbaugh: “My choice of words was not the best…”
“She must be paid to have sex — what does that make her? It makes her a slut, right? It makes her a prostitute. She wants to be paid to have sex. She’s having so much sex she can’t afford the contraception … she’s having so much sex, it’s amazing she can still walk.”
Limbaugh: “…and in the attempt to be humorous, I created a national stir. I sincerely apologize to Ms. Fluke for the insulting word choices.”
Cool story, bro.
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