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Law and Disorder is a weekly independent civil liberties radio program airing on more than 100 stations across the United States and podcasting on the web. Law and Disorder provides timely legal perspectives on issues concerning civil liberties, privacy, right to dissent and practices of torture exercised by the US government and private corporations.
Law and Disorder February 3, 2025
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A Golden Age of Oligarchs
Last month, Elon Musk said something about the Trump election with which we agree. He said “this was no ordinary victory. This was a fork in the road of human civilization.“ How true. Now our democracy, however, restricted by class and race, is in the process of being replaced by a super wealthy oligarchy. There are more than 800 billionaires in the United States. They are now in the saddle.
The Citizens United Supreme Court case of 2010 eased the process. Trump was elected with money, truly big money from 10 people. Elon Musk alone contributed $277 million. Biden himself in his farewell address warned of the takeover by an oligarchy. Echoing President Eisenhower‘s famous warning of a military industrial complex, Biden talked about the “tech industrial complex.“
This second Trump term will not be like the first. It won’t be incoherent and chaotic. This has been guaranteed by the Heritage Foundation which wrote a 920 page playbook for dismantling democracy.
The process has begun with Trump pulling out of the Paris Climate Accord and calling for more drilling. “Drill baby drill” is his mantra. This is a race towards human extinction. On January 21st he pulled out of the World Health Organization. The day he was sworn in he pardoned some 1500 people who participated, and even lead the January 6th insurrection. This is a greenlight for fascist mobs who now must feel they can get away with anything.
The Democratic Party has greased the skids for this transition. It cannot be relied on for the defense of the American people. Biden and Harris after accurately calling Trump a fascist to the last few weeks of the election, then did an about face welcoming him in to the White House saying they would cooperate with him and praising the peaceful transition, a transition that Trump if he lost promised not to abide by.
Guest – Chris Hedges, the journalist and author spent two decades as a foreign correspondent serving as the Middle East Bureau Chief and Balkan Bureau Chief for The New York Times where he was awarded the Pulitzer Prize. He is the author of 14 books including War is a Force That Gives us Meaning, Days of Destruction, Days of Revolt, which he co-wrote with the cartoonist Joe Sacco, and The Death of the Liberal Class. Chris’ forthcoming book is titled A Genocide Foretold.
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Resistance Continues As Mass Deportation Plan Ramps Up
Well, it’s begun. Trump’s plan to deport millions of immigrants back to their home countries, or if need be, elsewhere, began in earnest in Chicago last week, and in other places, as well. A relatively small number were rounded up, including a few U.S. citizens. I guess they just didn’t look “American” enough to escape an initial arrest. An even larger number of immigrants left voluntarily, too frightened to stay. Chicago, being a “sanctuary city” its local policing officials refused to help in the round ups and expulsions. That of course, brought threats from the Trump Administration that they, and any others in the country who did not fully cooperate with federal ICE officials and cops during such raids, might be prosecuted.
Of course, Trump and his loyal sycophants were quick to take to the airwaves in defense of the round up with their bogus charges that immigrants are criminals and are taking jobs from real Americans. Never mind that the crime rate for undocumented immigrants is much lower than for us “real Americans,” and that the vast majority of the jobs they do are mainly jobs most Americans simply will not do.
So, to review the new deportation plans of the Trump Administration, its methods of operation, its likely costs, its likely success rate, and the threats of prosecuting anyone who interferes with the effort, or in the case of local officials who won’t cooperate with it, we are pleased to have with us today a leading expert on all matters having to do with the plight of immigrants in America and the new effort to deport millions of them,
Guest – attorney Victor Narro is a nationally known expert on immigrant rights and low-wage workers, and has been involved in these efforts for over 40 years now. He is currently a Project Director for the UCLA Labor Center and Core Faculty for the UCLA Department of Labor Studies, where he teaches classes that focus on immigrant rights, social justice and the labor movement. And Victor Narro is also Core Faculty for the Public Interest Law Program at UCLA School of Law. Victor Narro’s latest book is The Activist Spirit—Towards a Radical Solidarity, published by Hard Ball Press.
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Law and Disorder January 27, 2025
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The First Amendment And TikTok
On January 17, for the first time in modern American history, a unanimous US Supreme Court upheld a sweeping prior restraint on free speech imposed by Congress banning over 170 million users in the United States from having access to the popular social media platform TikTok that the Court itself admitted “allows users to create, publish, view, share, and interact with short videos overlaid with audio and text.” In 2023 alone, U. S. TikTok users uploaded more than 5.5 billion videos, which were in turn viewed more than 13 trillion times around the world. The avoid the ban, the law requires TikTok’s parent company, the China-based ByteDance, to divest its ownership.
From January 18 to 19, the ban was in effect for about 12 hours until Donald Trump tweeted that as President he would grant a stay of execution, pending a potential sale of TikTok. It was only 12 hours some may say, but it is estimated that during that time the ban blocked 6,750,000 videos that would have been viewed over 178,000,000 times worldwide. The ban is easily the most extensive act of censorship in human history.
Shortly after he was sworn in, Trump signed an Executive Order purporting to suspend the ban for 75 days. Serious questions have been raised whether Trump’s order is legal and enforceable. And despite his order, Apple and Google have still not reinstated TikTok at their stores preventing new subscribers from accessing TikTok.
Meanwhile, the First Amendment rights of 170 million TikTok users hang in the balance.
Guest – Ramya Krishnan is a senior staff attorney at the Knight First Amendment Institute at Columbia University and a lecturer in law at Columbia Law School. Her litigation focuses on issues related to government transparency, protest, privacy, and social media. Ramya co-authored the Knight Institute’s amicus brief in TikTok. v. Garland, one of the lawsuits challenging the constitutionality of the TikTok ban which resulted in the Supreme Court’s decision. Read Amicus Brief
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Federal Court Rejects Attempt To Remove Ethnic Studies Curriculum
As Israel’s war in Gaza and the West Bank rages on, the free speech battles here in the United States continue with Congress, state legislatures and college administrators trying to silence pro-Palestinian protests by conflating criticism of Israel with the odious epithet of “antisemitism.” Pro-Palestinian groups are being banned, students are being disciplined, and faculty members are being suspended and fired.
But last November, there was some hopeful news when a federal court rejected attempts by Jewish parents and teachers to remove an ethnic studies curriculum from the Los Angeles Unified School District that they had labelled “antisemitic” and “anti-Zionist.”
On November 30, 2024, in a 49-page ruling, U.S. District Judge Fernando M. Olguin wrote that a system of education “which discovers truth out of a multitude of tongues” must allow teachers and their students “to explore difficult and conflicting ideas.” He added that “we must be careful not to curb intellectual freedom by imposing dogmatic restrictions that chill teachers from adopting the pedagogical methods they believe are most effective,”
The ruling represents a welcome rebuke to the efforts of Republican state legislators and conservative parent groups to try to restrict the teaching of comprehensive American history in public schools, to ban books that examine that history as well as racism, sexism, and LGBTQ issues, and to eliminate programs that seek to ensure diversity, equity, and inclusion in American education.
In 2022, a group calling itself “Concerned Jewish Parents and Teachers of Los Angeles,” comprised of what the lawsuit calls Jewish, Zionist teachers and parents of students sued the Los Angeles Unified School District; United Teachers of Los Angeles; its president Cecily Myart-Cruz; the Liberated Ethnic Studies Model Curriculum Consortium; Theresa Montaño, the Consortium’s secretary; and Guadalupe Carrasco, its co-founder.
To discuss the important free speech and academic freedom issues involved in this case, we’ve invited the lawyer who represented the ethnic studies curriculum, Ms Montano and Ms Carrasco.
Guest – Mark Kleiman is a former activist and organizer and a long-time civil rights and human rights attorney. With extensive experience in whistleblower protection, he has brought cases that exposed massive fraud against public programs and has forced drug companies, nursing home chains, and defense contractors to repay hundreds of millions of dollars. Since 2019 he has devoted thousands of hours to defending activists, scholars, and students who have been attacked for their defense of Palestinian human rights.
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Law and Disorder January 20, 2025
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Malcolm X Shabazz et al. v. USA
A groundbreaking legal case seeks justice for the family of most iconic civil rights leaders, Malcolm X. In an unprecedented lawsuit filed by his daughters, the Shabazz family is challenging the U.S. government, the City of New York, and several high-ranking law enforcement agencies. At the heart of the case is the claim that state actors, including the FBI and NYPD, played an active role in the assassination of Malcolm X on February 22, 1965, and that this involvement has been systematically covered up for decades.
This suit, Malcolm X Shabazz et al. v. USA, not only seeks justice for the wrongful death of Malcolm X but aims to hold the government accountable for its complicity in the assassination. The case draws on newly uncovered evidence that links federal agencies to the events surrounding Malcolm X’s death, as well as the subsequent framing and wrongful conviction of two men who were exonerated in 2021.
The legal team behind this case includes civil rights attorneys Benjamin Crump and G. Flint Taylor, and if successful, their argument could rewrite the historical narrative surrounding one of America’s tragic and significant moments. At the core of this case is the question: How deep was the state’s involvement in silencing Malcolm X? Was the assassination part of a coordinated campaign by law enforcement agencies determined to prevent the rise of powerful Black leaders? The lawsuit raises profound questions about the government’s role in suppressing movements for racial justice and civil rights, both in the past and in the present.
Guest – Flint Taylor of the Peoples Law Office. Flint represented the family of Fred Hampton and revealed that the FBI and Chicago Police Department murdered him in 1969. Flint is an editor of the Police Misconduct Law Reporter and is author of The Torture Machine: Racism And Police Violence In Chicago.
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A History Of Anti-Black Racism
National chauvinism and racism are essential features of fascism. The practice of white racism in the United States during the Jim Crow era was something that Hitler’s party in Germany studied and emulated. This kind of anti-black racism went on in the United States from shortly after the Civil War up until the 1960s. It has never really gone away as the mass mobilizations of the Black Lives Matter movement has recently demonstrated. This Black resistance, this fight back, will be a central aspect of anti-fascist activity in the future.
Guest – Bill Mullen is professor emeritus of American studies at Purdue University and the co-founder of The Campus Anti-fascist Network. He’s also co-author of The Black Antifascist Tradition and his new book published last month We Charge Genocide: American Ashes and the Rule of Law.
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