Balkanization Pushback (or: “Speaking of Ché…)

Apparently the news coverage of the Tucson Unified School District’s “Ethnic Studies” program has resulted in some action. State Superintendent of Public Instruction Tom Horne released this letter this morning:

I. The TUSD Ethnic Studies Program Should be Terminated.

The citizens of Tucson, of all mainstream political ideologies, would call for the elimination of the Tucson Unified School District’s ethnic studies program if they knew what was happening there. I believe this is true of citizens of all mainstream political ideologies. The purpose of this letter is to bring these facts out into the open. The decision of whether or not to eliminate this program will rest with the citizens of Tucson through their elected school board.

II. Philosophy.

First, let’s spend a minute on underlying philosophy. I believe people are individuals, not exemplars of racial groups. What is important about people is what they know, what they can do, their ability to appreciate beauty, their character, and not what race into which they are born. They are entitled to be treated that way. It is fundamentally wrong to divide students up according to their racial group, and teach them separately.

In the summer of 1963, having recently graduated from high school, I participated in the civil rights march on Washington, in which Martin Luther King stated that he wanted his children to be judged by the content of their character rather than the color of their skin. That has been a fundamental principal for me my entire life, and Ethnic Studies teaches the opposite.

III. Personal Observations.

I personally observed this at the Tucson Magnet School. My Deputy, Margaret Garcia Dugan, who is Latina and Republican, came to refute the allegation made earlier to the student body, that “Republicans hate Latinos”. Her speech was non-partisan and professional, urging students to think for themselves, and avoid stereotypes. Yet, a small group of La Raza Studies students treated her rudely, and when the principal asked them to sit down and listen, they defiantly walked out. By contrast, teenage Republicans listened politely when Delores Huerta told the entire student body that “Republicans hate Latinos.”

In hundreds of visits to schools, I’ve never seen students act rudely and in defiance of authority, except in this one unhappy case. I believe the students did not learn this rudeness at home, but from their Raza teachers. The students are being ill served. Success as adults requires the ability to deal with disagreements in a civil manner. Also, they are creating a hostile atmosphere in the school for the other students, who were not born into their “race”.

Hector Ayala was born in Mexico, and is an excellent English teacher at Cholla High School in TUSD. He reports that the Director of Raza Studies accused him of being the “white man’s agent,” and that when this director was a teacher, he taught a separatist political agenda, and his students told Hector that they were taught in Raza Studies to “not fall for the white man’s traps.”

IV. Textbooks.

As I will describe, the evidence is overwhelming that ethnic studies in the Tucson Unified School District teaches a kind of destructive ethnic chauvinism that the citizens of Tucson should no longer tolerate.

The very name “Raza” is translated as “the race.” On the TUSD website, it says the basic text for this program is “the pedagogy of oppression.” Most of these students’ parents and grandparents came to this country, legally, because this is the land of opportunity. They trust the public schools with their children. Those students should be taught that this is the land of opportunity, and that if they work hard they can achieve their goals. They should not be taught that they are oppressed.

One of the textbooks is Occupied America (5th ed.). One of the leaders it talks about is described as follows: “José Angel Gutiérrez was one of the leaders, and he expressed the frustrations of the MAYO generation. His contribution was indispensable; it influenced Chicanos throughout the country.”

One of Gutiérrez’s speeches is described as follows:

We are fed up. We are going to move to do away with the injustices to the Chicano and if the ‘gringo’ doesn’t get out of our way, we will stampede over him.” Gutiérrez attacked the gringo establishment angrily at a press conference and called upon Chicanos to ‘kill the gringo,’ which meant to end white control over Mexicans.

The textbook’s translation of what Gutiérrez meant contradicts his clear language. In describing the atmosphere in Texas where Gutiérrez spoke, the textbook states: “Texans had never come to grips with the fact that Mexicans had won at the Alamo.” (P. 323.) It is certainly strange to find a textbook in an American public school taking the Mexican side of the battle at the Alamo.

Another textbook is The Mexican American Heritage (2nd ed.). One of the chapters is “The Loss of Aztlan.” Aztlan refers to the states taken from Mexico in 1848: Arizona, California, New Mexico and Colorado. This chapter states: “Apparently the U.S. is having as little success in keeping the Mexicans out of Aztlan as Mexico had when they tried to keep the North Americans out of Texas in 1830.” (P. 107.) In other words, books paid for by American taxpayers used in American public schools are gloating over the difficulty we are having in controlling the border. This page goes on to state: “…the Latinos are now realizing that the power to control Aztlan may once again be in their hands.”

V. M.E.Ch.A.

The extracurricular activity at TUSD related to ethnic studies is called M.E.Ch.A. When I was at Tucson high school, the librarian was wearing a M.E.Ch.A. tee shirt. If you Google M.E.Ch.A., you will find its goals and constitution. In the introductory paragraph, M.E.Ch.A. states:

We are Chicanos and Chicanas of Aztlán reclaiming the land of out [sic] birth (Chicano and Chicana Nation); 2) Aztlán belongs to indigenous people, who are sovereign and not subject to a foreign culture…

In section 2 of the M.E.Ch.A. Constitution it states:

Aztlán belongs to those who plant the seeds, water the fields, and gather the crops and not to the foreign Europeans. We do not recognize capricious frontiers on the bronze continent.

VI. Teaching the Wrong Things About Literature.

When I began speaking out publicly against ethnic studies, one of the ethnic studies teachers had his students write me letters. One of these letters states: “All that the English classes teach is mainly about some dead white people.” I believe schools should teach the students to judge literature by its content and not by the race or gender of the author.

VII. MacEachern Investigative Reports.

After my confrontation with TUSD over ethnic studies had begun, Doug MacEachern, a columnist for the Arizona Republic, ran a series of investigative reports on ethnic studies. This is the kind of thing that the Star and the Citizen should do, but thus far only the Republic has done. One of his sources was a former TUSD teacher named John Ward, who despite his name, is Hispanic. Ward reports:

But the whole inference and tone was anger. (They taught students) that the United States was and still is a fundamentally racist country to those of Mexican-American kids.

Individuals in this (Ethnic Studies) department are vehemently anti-Western culture. They are vehemently opposed to the United States and its power. They are telling students they are victims and that they should be angry and rise up.

. . .

By the time I left that class, I saw a change (in the students), he said. An angry tone. They taught them not to trust their teachers, not to trust the system. They taught them the system wasn’t worth trusting.

Because Ward no longer worked at TUSD, he was willing to be quoted. Many current TUSD employees have talked to me about the horrors of what they have witnessed in the Ethnic Studies Program, and the almost totalitarian climate of fear at TUSD which keeps them from being quoted. Here is what MacEachern found:

In the past several weeks, messages have filtered out from teachers and other TUSD employees (some directed to Horne; others who have contacted me, following two previous columns on this subject) about what an officially recognized resentment-based program does to a high school.

In a word, it creates fear.

Teachers and counselors are being called before their school principals and even the district school board and accused of being racists. And with a cadre of self-acknowledged ‘progressive’ political activists in the ethnic-studies department on the hunt, the race transgressors are multiplying.

The director of the TUSD Ethnic Studies Department, who keeps a portrait of Ché Guevara on the wall of his classroom, spoke to MacEachern: “Our teachers are left-leaning. They are progressives. They’re going to have things (in their courses) that conservatives are not going to like, he told me.”

VII. TUSD’s Intimidation of Its Employees.

Ward eventually wrote his own column. He describes how the TUSD administration intimidated him by removing him from his class, and calling him a “racist,” even though he himself is Hispanic. This tactic, he writes:

…is fundamentally anti-intellectual because it immediately stops debate by threatening to destroy the reputation of those who would provide counter arguments.

Unfortunately, I am not the only one to have been intimidated by the Raza studies department in this way.

VIII. The Time for Action Is Now.

TUSD can intimidate its employees. But it cannot intimidate you, the citizens. You are in a comfortable position. You can speak out. If the TUSD board eliminates ethnic studies, it will save $2 million a year of your money, the cost of ethnic studies administrators and consultants alone. That is your money. The school board represents you. I can use my pulpit to bring out the facts, but only you can bring about change.

Sincerely,
Tom Horne

Yup. “Progressives” who like Ché teaching that the white man victimizes everyone else, that Western Civilization is just the history of “dead white people”.

And tax dollars pay for it all.

Marvelous.

And how long has this been going on?

What Did YOU Learn in High School

What Did YOU Learn in High School?

In my last überpost, The George Orwell Daycare Center, I included a link to a Civics quiz that a lot of people took. The results were mixed, but overall the people who read this blog did far better than the average Ivy League college student.

However, here’s a test for you – no graphing calculators, just pencil and paper – and see how much you remember:

The California Standardized Testing and Reporting Program, Algebra I Quiz. (Requires Flash)

In the interests of fair disclosure, I missed three two.

UPDATE: The test displays better in Explorer than in Firefox, apparently.

Quote of the Day

Quote of the Day

We expect ideas to go away when they are proven to be bad, much as we tend to expect that the pinnacle of human evolution is really someone that resembles Doc Savage. We can understand why an idea spreads under force of threat, but we scratch our heads when the same thing that failed spectacularly before keeps getting picked up, brushed off, and tried again by purely persuasive and even democratic means. We usually explain this by deciding that some bad ideas won’t die because of their pure emotional appeal, but this isn’t quite adequate either after a certain scale of failure.

(M)ore than a hundred million deaths are credited to the destructive meme of communism- which are probably very much underestimated, as we only tend to get figures from relatively well-organized regimes- and god alone knows how much lost productivity and wealth can be credited to its milder cousins. The various strains of collectivism in practice have ranged from merely a dubious idea that results in countries with chronically sclerotic and declining economies, to a truly catastrophic one that kills off half a population. And it remains an extremely successful meme that seems to require no threat at all to perpetuate itself; well-educated people around the world who have read all that history persist in insisting it’s a brilliant idea that has always been somehow poorly implemented. As memes go, it is incredibly robust and fit. No matter how many people it impoverishes or kills, it still seems like a good idea to so many people that it not only keeps being tried, but winds up as fashionable iconography for t-shirts and political campaigns. – LabRat, Parasite memes and monkeyspheres

Paul Helmke and Super Dangerous Weapons

ABC News interviewed Mr. Helmke, president of the Brady Campaign to Disarm America. He had some interesting things to say:

(W)ith the Supreme Court poised to hand down a potentially landmark decision in the case, the Brady Campaign to Prevent Gun Violence fully expects to lose.

“We’ve lost the battle on what the Second Amendment means,” campaign president Paul Helmke told ABC News. “Seventy-five percent of the public thinks it’s an individual right. Why are we arguing a theory anymore? We are concerned about what we can do practically.”

As I noted in my comment there, Mr. Helmke once again avoids mention of the fact that he and his ilk were attempting to change the Constitution without recourse to the Amendment process through REDEFINING the meaning of “right of the PEOPLE to keep and bear arms”. They failed. Spectacularly. That doesn’t mean we think they’ve given up. And his mouthpiece confirms:

Brady Campaign Attorney Dennis Henigan said there are multiple gun control measures that would not run afoul of a Supreme Court decision striking down the D.C. gun ban.

“Universal background checks don’t affect the right of self-defense in the home. Banning a super dangerous class of weapons, like assault weapons, also would not adversely affect the right of self-defense in the home,” said Henigan. “Curbing large volume sales doesn’t affect self-defense in the home.”

Yet the Brady Campaign supported the D.C. ban at least in part because they believe that handguns are a “super dangerous class” of weapons. The Violence Policy Center, of the same ilk, has been trying to get a national handgun ban passed since its inception. They even sell a book on the topic: EVERY HANDGUN IS AIMED AT YOU.

But somehow Mr. Helmke thinks that “assault weapons” – which I doubt he could define – are “super dangerous.” Apparently only when they’re in the hands of people not on the .gov payroll, since almost every police force in the country (including, most recently, Chicago) is armed or arming with AR-15 or M16/M4 rifles and carbines. You know, those spray-firing bullet hoses designed to be fired from the hip and that are only good for mowing down crowds?

In current news, Utah’s Hill Air Force Base has apparently misplaced a crate of M-16 select-fire rifles (read: “machine guns”). Apparently since these are official government firearms, the Salt Lake Tribune notes that they are “small caliber rifles,” though they are “worth up to $5,000 each on the street.”

“Small caliber rifle” doesn’t sound like a “Super Dangerous Weapon,” does it?

They’re missing twelve of them.

Helmke must be having kittens.

More Boumediene v. Bush

This time from Chief Justice Roberts’ dissent:

Today the Court strikes down as inadequate the most generous set of procedural protections ever afforded aliens detained by this country as enemy combatants. The political branches crafted these procedures amidst an ongoing military conflict, after much careful investigation and thorough debate. The Court rejects them today out of hand, without bothering to say what due process rights the detainees possess, without explaining how the statute fails to vindicate those rights, and before a single petitioner has even attempted to avail himself of the law’s operation. And to what effect? The majority merely replaces a review system designed by the people’s representatives with a set of shapeless procedures to be defined by federal courts at some future date. One cannot help but think, after surveying the modest practical results of the majority’s ambitious opinion, that this decision is not really about the detainees at all, but about control of federal policy regarding enemy combatants.

A control the JUDICIAL BRANCH is not supposed to HAVE.

Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide. – John Adams

From the moment anyone becomes involved with a terror group and devoted to the murder of a country’s citizens to the moment they sever all such links, they have a right to life only in so far as their opponents see advantage in granting it. The killing of terrorists, like the hiring and firing of bureaucrats, is a proper function of the state. We all need to start saying so. – Peter Cuthbertson

I predict that the Bush administration will be seen by freedom-wishing Americans a generation or two hence as the hinge on the cell door locking up our freedom. When my children are my age, they will not be free in any recognizably traditional American meaning of the word. I’d tell them to emigrate, but there’s nowhere left to go. I am left with nauseating near-conviction that I am a member of the last generation in the history of the world that is minimally truly free. – Rev. Donald Sensing

I should start the day with a profound urge to vomit more often. – James Lileks

And, finally, one hopeful quote:

This phenomenon — legal victory that leads to cultural and political defeat — has a long history. In the 1850s, slaveholders collected some huge legal prizes: the Fugitive Slave Act, the Kansas-Nebraska Act, the Dred Scott decision. Those victories produced an anti-slavery movement powerful enough to elect Lincoln and win the Civil War. Sixty years later, the temperance movement won its long battle for national Prohibition. Within a decade, the culture was turning against temperance; Repeal came soon after. In America’s culture wars, the side with the law’s weaponry often manages only to wound themselves. – William J. Stuntz, The Academic Left and the Christian Right, Part II, Tech Central Station 1/4/05

Perhaps. But I’m now more concerned than ever about D.C. v. Heller.

Judicial Activism Defined

“Judicial Activism” Defined

Today the Court warps our Constitution in a way that goes beyond the narrow issue of the reach of the Suspension Clause, invoking judicially brainstormed separation-of-powers principles to establish a manipulable “functional” test for the extraterritorial reach of habeas corpus (and, no doubt, for the extraterritorial reach of other constitutional protections as well). It blatantly misdescribes important precedents, most conspicuously Justice Jackson’s opinion for the Court in Johnson v. Eisentrager. It breaks a chain of precedent as old as the common law that prohibits judicial inquiry into detentions of aliens abroad absent statutory authorization. And, most tragically, it sets our military commanders the impossible task of proving to a civilian court, under whatever standards this Court devises in the future, that evidence supports the confinement of each and every enemy prisoner.

The Nation will live to regret what the Court has done today. – Antonin Scalia, Boumediene v. Bush, (dissenting)

What in the world is a ‘moderate interpretation’ of the text? Halfway between what it really says and what you want it to say?

It is literally true that the U.S. Supreme Court has entirely liberated itself from the text of the Constitution.

What ‘we the people’ want most of all is someone who will agree with us as to what the evolving constitution says.

We are free at last, free at last. There is no respect in which we are chained or bound by the text of the Constitution. All it takes is five hands. – Antonin Scalia, excerpts from a speech quoted in the New Orleans Times-Picayune, 3/10/04

Something has gone seriously awry with this Court’s interpretation of the Constitution. – Clarence Thomas (dissenting) Kelo v New London (2005)

I keep saying that “Claire Wolfe Time” passed us by a long time ago.

See also this and this.

Why Do I Think This is Blown Out of Proportion?

Judge suspends L.A. obscenity trial after conceding his website had sexual images

A closely watched obscenity trial in Los Angeles federal court was suspended Wednesday after the judge acknowledged maintaining his own publicly accessible website featuring sexually explicit photos and videos.

Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, granted a 48-hour stay in the obscenity trial of a Hollywood adult filmmaker after the prosecutor requested time to explore “a potential conflict of interest concerning the court having a . . . sexually explicit website with similar material to what is on trial here.”

Define “similar.” Also according to the LA Dogtrainer:

Upcoming trial will see hours of hard-core fetish pornography

Ira Isaacs faces a trial on obscenity charges.

Ira Isaacs says his films, which feature bestiality and defecation, have artistic value. Federal prosecutors say they are criminally obscene. Hours of footage will help jurors decide who’s right.

That same story explains why Kozinski was presiding over the case:

Presiding over the trial will be Alex Kozinski, chief judge of the 9th Circuit Court of Appeals. Kozinski was assigned the case as part of a rotation in which he and other appeals court judges occasionally oversee criminal trials in addition to deciding appeals.

His involvement in the case may be a stroke of luck for Isaacs. That is because Kozinski is seen as a staunch defender of free speech. When he learned that there were filters banning pornography and other materials from computers in the appeals court’s Pasadena offices, he led a successful effort to have the filters removed.

“I did some rabble-rousing about it,” Kozinski said in a brief interview last week. He said he was made aware of the issue when a law clerk researching a case was banned from accessing a gay bookstore’s website.

“I didn’t think the bureaucrats in Washington should decide what the federal judiciary should have access to,” the judge said. “I thought that was incredibly arrogant for them to decide on their own.”

Further descriptions of Isaac’s “art”:

Ira Isaacs readily admits he produced and sold movies depicting bestiality and sexual activity involving feces and urine. The judge warned potential jurors that the hours of fetish videos included violence against women, and many of them said they don’t want to serve because watching would make them sick to their stomachs.

“It’s the most extreme material that’s ever been put on trial. I don’t know of anything more disgusting,” said Roger Jon Diamond — Isaacs’ own defense attorney.

However, what was on Kozinski’s computer?

Among the images on the site were a photo of naked women on all fours painted to look like cows and a video of a half-dressed man cavorting with a sexually aroused farm animal. He defended some of the adult content as “funny” but conceded that other postings were inappropriate.

If the “naked women painted to look like cows” is part of the set this image (mildly NSFW) came from, my opinion is “whoopee sh!t” And there’s a lot of difference between “a half-dressed man cavorting with a sexually aroused farm animal” (unless “cavorting” has taken on a entirely new meaning) and someone engaging in sex with one. I believe the Glitterati recently celebrated a documentary on that topic at the last Sundance film festival.

Personally, I wonder what’s on David Souter’s computer.

UPDATE: SayUncle says it much more succinctly.

UPDATE II: Above the Law has more, including this email from Judge Kozinski:

David: I can’t comment on the trial.

As for the other matter, the server was maintained by my son, Yale, for the entire family. Pictures, documents, music, audio and other items of personal and family interest are stored there so various family members can reach them from wherever they happen to be. Everyone in the family stores stuff there, and I had no idea what some of the stuff is or was — I was surprised that it was there. I assumed I must have put it there by accident, but when the story broke, Yale called and said he’s pretty sure he uploaded a bunch of it. I had no idea, but that sounds right, because I sure don’t remember putting some of that stuff there.

I consider the server a private storage device, not meant for public access. I’d have been more careful about its contents if I had known that others could access it.

UPDATE III Even more here. And I LOVE this photo:

As others elsewhere have noted, all of this stuff is of the “Have you seen THIS?!?!” email caliber, though I’d imagine some Catholics would be a wee bit perturbed by this shot. From this same site:

The judge, of course, is being attacked for actively curating and storing this material on a computer that, it is reasonable to assume, was accidentally exposed to public access. California Senator Dianne Feinstein, whose constituents include the world’s most prolific producers of R and X rated films and who couldn’t recognize the difference between a camel’s toe and a women’s crotch, finds the distinguished jurist’s behavior “inappropriate”. Others are asserting that his behavior violates copyright laws. We differ.

Not only is the context of the file storage acceptable “fair use”, but if the trial is about the definition of “criminally obscene”, we don’t believe the judge should be recused from the trial any more than a judge should be who isn’t aware of the popularity of such material. For example, should a judge who subscribes to the LA Times be necessarily recused from a trial involving a claim against a newspaper? Afterall(sic), a judge who is a warm-blooded male with a sense of humor, and perhaps prone to an occasional purient(sic) indulgence, like the rest of us makes him more likely to maintain impartiality over a matter involving community standards. Judge Kozinski is no less able to be objective on the application of community standards to an indecency determination for taking amusement in such images than is a judge who is unaware that such media routinely circulates in the community’s email boxes and web browsers.

On the other hand, the one problem we do have with the Kozinski(sic) is his court’s decision that the simple act of making copyright files available for downloading constitutes copyright infringement. He should now realize how easy it is for files to be placed in directories that unintentionally have the effect of making them “available for download” and that such availability alone should no more amount to infringement than his (or his son’s) file management discipline should amount to distributing pornography.

I concur.

Kozinski has suspended the trial for 48 hours so that motions for him to recuse himself can be made and heard.

UPDATE – 6/13: Kozinski has recused himself and declared a mistrial according to USLaw.com:

With a one sentence explanation, one of the most respected judicial authorities on the First Amendment, Judge Alex Kozinski, removed himself from what will likely become a landmark obscenity case.

In light of the public controversy surrounding my involvement in this case, I have concluded that there is a manifest necessity to declare a mistrial. I recuse myself from further participation in the case and will ask the chief judge of the district court to reassign it to another judge.

Trust me, you do NOT want to click on the images in that post…

Quote of the Day

Quote of the Day

Rome did not fall over a long weekend and our age has had a lot more history to learn from than did they. The ramparts you must man are the most difficult sort: metaphorical ones. Far less blood and thunder, far less thud and blunder and even the most heroic incur but little physical risk and garner little recognition. But if these battles are not fought — or if they are engaged too foolishly, with the wrong weapons and on unfavorable terrain — future generations will pay the price.

That’s why I’m not “voting from the rooftops” and why I am voting in the more-traditional manner. And it’s why I bother to blog. – Roberta X, Wall? Head. Rock, Paper, Scissors