Directed
by Reginald Hudlin
Starring
Chadwick Boseman
A
review and historical background to the film
On
our forty-second anniversary Judi and I viewed the film Marshall. This is a true story about how Thurgood Marshall and his
assistant attorney, Samuel Friedman, attempted to overcome a thoroughly racist
judicial system, and convince an all caucasian jury that a Black man was
innocent of the crime of rape. At that time Thurgood Marshall was working for
the NAACP.
This
trial took place in the predominantly working class city of Bridgeport,
Connecticut in the year 1940. The caucasian woman who alleged this crime, Eleanor Strubing, was
the employer of the accused, Joseph Spell, and lived in the affluent town of
Greenwich, Connecticut.
We might consider that the rise of the labor movement before, during, and after the Second World War began to change racist attitudes of workers in this country. By 1947 Jackie Robinson became the first Black baseball player to play for a major league team. By 1955 Rosa Parks was arrested for refusing to sit in the back of a bus in Montgomery, Alabama. This action sparked the 385 day Montgomery Bus Boycott.
The
idea of Black men being accused of raping caucasian women has a long history in
this country. Thousands of Black people were lynched in this country and the
primary reason for most of these lynchings was the accusation of rape. Racist
mobs carried out these lynchings and the government rarely if ever prosecuted
the murderers.
Ida Wells
The
lynch mobs in the south had their allies in members of the established society
who argued that their actions were in part justified. Philip A. Bruce was a so-called historian,
the son of a plantation owner who had 500 slaves, the nephew of the
Confederacy’s former secretary of war, and a Harvard graduate. Bruce wrote a book called The Plantation Negro as a Freeman. In this book Bruce demonstrated that he
was in effect a 19th century mythologist who fantasized that black men, “found
something strangely alluring and seductive in the appearance of White
women.” Bruce also argued that free
blacks had become criminals since they were no longer shacked by the bonds of
slavery. This sort of mythology convinced
many people that although lynchings were wrong, they might have been provoked
by crimes committed by blacks.
Ida
Wells answered this argument in a pamphlet where she studied 728 lynchings that
had taken place during decade prior to 1892.
Paula Giddings summarized Wells’ findings in her book, When and Where I Enter.
“The
result was a fastidiously documented report.
Only a third of the murdered Blacks were even accused of rape, much less guilty of it, Wells discovered. Most were killed for crimes like
‘incendiarism,’ ‘race prejudice,’ ‘quarreling with Whites,’ and ‘making
threats.’ Furthermore, not only men but
women and even children were lynched.
‘So great is Southern hate and prejudice,’ Wells wrote, ‘they legally
(?) hung poor little thirteen-year-old Mildrey Brown at Columbia, S.C., Oct.,
7th on circumstantial evidence that she poisoned a white infant. If her guilt had been proven unmistakable,
had she been White,’ Wells concluded, ‘Mildrey Brown would never have been
hung. The country would have been
aroused and South Carolina disgraced forever.
. .’ ”
Frederick
Douglass admitted to being influenced by arguments made by people like Philip
Bruce and stated he “had begun to believe it true that there was increased
lasciviousness on the part of Negroes.”
Upon reading Ida Wells pamphlet
Southern
Horrors, he sent her a letter stating, “Brave Woman!
You have done your people and mine a service
which can neither be weighed nor measured.
If the American consciousness were only half alive.
.
.
a
scream of horror, shame and indignation would rise to Heaven.
.
.”
In
1894, two years after writing the above letter to Ida Wells, Douglass gave one
of his most important speeches aptly titled, “The Lessons of the Hour.” In this speech Douglass rebuked those who
claimed to be friends of the black community, but argued that, “the colored
race” provoked lynchings in the south.
Douglass quoted Frances Willard of the Women’s Christian Temperance
Union who fantasized about problems that she felt white men and women in the
southern states suffered from, “ ‘The colored race multiplies like the locusts
of Egypt. The safety of women, of
childhood, of the home, is menaced in a thousand localities at this moment, so
that men dare not go beyond the sight of their own roof tree.’”
Douglass
made it clear that Willard’s charge was not directed only against individuals
who may or may not have committed crimes, but against all African
Americans. He also pointed out that the
victims of lynchings were denied their constitutional right to be tried in a
court of law, and were instead judged by mob rule. The mob, “Blinded by its own fury, it is
moved by impulses utterly unfavorable to a clear perception of the facts and
the ability to make an impartial statement of the simple truth.”
Douglass
continued by pointing out that the charge of rape was never made against blacks
during slavery. “I reject the charge
brought against the Negro as a class, because all through the late war, while
the save-masters of the South were absent from their home, in the field of
rebellion, with bullets in their pockets, treason in their hearts, broad blades
in their bloody hands, seeking the life the nation, with the vile purpose of
perpetuating the enslavement of the Negro, their wives, their daughters, their
sisters and their mothers were left in the absolute custody of these same
Negroes and during all those long four years of terrible crime now alleged
against him, there was never a single instance of such crime reported or charged
against him.”
Although
African Americans had not been accused of raping white women in the past, this
was not the first time violence was carried out against them. Douglass cited the following reasons given to
justify this violence. “First, you
remember, as I have said, it was insurrection, (against slavery). When that wore out, Negro supremacy became
the excuse, (in reconstruction). When
that was worn out, then came the charge of assault upon defenseless women.”
The
actual reason for the lynchings was that, “The landowners of the South want the
labor of the Negro on the hardest terms possible. They once had it for nothing. They now want
it for next to nothing.”
Douglass
went on to describe how the brutality against black women in slavery was not imagined
but real. “Slavery itself, you will
remember, was a system of unmitigated, legalized outrage upon black women of
the South, and no white man was ever shot, burned or hanged for availing
himself of all the power that slavery gave him at this point.”
These
are some of the solutions Douglass offered to solve what he considered a
“national problem.” “Let the South
abandon the system of mortgage labor and cease to make the Negro a pauper, by
paying him dishonest scrip for his honest labor.
“Let
them give up the idea that they can be free while making the Negro a
slave. Let them give up the idea that to
degrade the colored man is to elevate the white man. Let them cease putting new wine into old
bottles, and mending old garments with new cloth.”
Finally
he said, “Banish the idea that one class must rule over another.
Recognize the fact that the rights of the
humblest citizens are as worthy of protection as are those of the highest and
your problem will be solved.”
When
we consider this history, I believe that the trial portrayed in the film Marshall takes on new meaning. Had this
been a trial interested in justice, Ida Well’s study of 728 lynchings would
have been allowed into evidence. This information would have shown government
complicity in murdering thousands of Black men and women in order to terrorize
the Black community. If this would ever happen, we can question whether juries
would ever take the words of prosecuting attorneys seriously.
To
the contrary, the day after Eleanor Strubing made her accusation of rape
against Joseph Spell, these accusations were reported in the New York Times. While the Times argues
that it reports, “all the news that’s fit to print,” their coverage of this
story followed a pattern long established by the Ku Klux Klan.
McCleskey v. Kemp
In
the film Marshall we get the
impression that things have changed with respect to the so-called justice system in this country. Perhaps
the language of judges and prosecutors may have changed, but the 1987 Supreme
Court case of McCleskey V. Kemp illustrates how institutionalized
discrimination continues to be a part of this so-called justice system. Michelle Alexander reported on this case in her
book, The New Jim Crow – Mass
incarceration in the age of colorblindness.
Warren
McCleskey was a Black man facing the death sentence for murdering a police
officer during an armed robbery in Georgia. The NAACP legal defense fund
supported McCleskey’s claim that Georgia’s death penalty was infected with
racial bias and violated the Fourteenth and Eight Amendments to the
Constitution.
McCleskey’s
claim was supported by a study conducted by Professor David Baldus. Baldus
found that Georgia prosecutors sought the death penalty in 70 percent of the
cases involving Black defendants and caucasian victims, but only 19 percent of
cases involving caucasian defendants and Black victims.
The
Supreme Court ruled against McCleskey. The court argued that statistical
evidence was not proof of discrimination. Unless a defendant like McCleskey
could prove that the prosecutor intentionally sought the death penalty because
McCleskey was Black, the statistical evidence of discrimination was irrelevant.
The
Supreme Court fully understood that prosecutors are shielded by laws that
prevent attorneys from questioning their motives. Therefore the case of
McCleskey v. Kemp made it clear that discriminatory practices by prosecuting
attorneys were legal, except when prosecutors admitted they had racist
intentions.
In
my opinion, this is almost like saying that if someone who is accused of murder
refused to acknowledge that he or she was guilty, this evidence would
automatically exonerate the accused and supersede all evidence to the contrary.
Tanya McDowell
Thurgood
Marshall argued several cases to the Supreme Court. One of his most famous
cases was Brown v. the Board of Education
Topeka in 1954. This case argued that state laws that established separate
schools for Black and caucasian students were unconstitutional. The Supreme
Court ruled in favor of this argument.
The
case of Tanya McDowell illustrates how prosecuting attorneys have twisted this
decision in order to make Brown v. the
Board of Education Topeka largely meaningless. This case happens to take
place in the same area as the trial portrayed in the film Marshall.
Tanya
McDowell was a homeless mother who sent her son to a public Norwalk,
Connecticut school while residing in Bridgeport. The authorities in Norwalk felt that this was
a crime. As a result, a Norwalk court
sentenced McDowell to twelve years in prison and she has been fined $6,200. Her
sentence was reduced to five years in prison.
McDowell happens to be Black.
The
idea of sending a mother to prison for sending her son to a public school
appears to be incomprehensible. However,
the court decision sending McDowell to prison took place in a nation that
claims to represent “liberty and justice for all.” In order to understand the background to this
case, we need to look at a bit of history.
The
heroic struggle to free the people of the United States from Jim Crow
segregation is known throughout the world.
The Civil Rights movement effectively forced the Supreme Court to make
its decision of Brown vs. the Board of Education Topeka. This decision ruled that the idea of separate
but equal, or segregated education is illegal.
However, this decision only applied to students living in a particular
school district. Today, education
continues to be segregated when we compare many inner cities to the suburban
communities. This is the problem that
Tanya McDowell faces today.
The
Census Bureau lists the Norwalk, Stamford, Bridgeport, Connecticut metropolitan
area as the 13th most segregated metropolitan area in the
nation. Typically this means that
educational facilities are funded at a much higher rate in the suburban areas
than in the inner cities.
Philadelphia
is rated as the ninth most segregated metropolitan area in the nation. Per student funding for education in
Philadelphia is about $11,000 per year and about 90% of the school population
is Black or Latino. When we cross the
Philadelphia border at City Line Avenue, we enter the Lower Merion School
District where per student funding for education is about $22,000 and about eighty
to ninety percent of the student population is caucasian.
In
my opinion, Tanya McDowell has a more consistent view of the educational system
in this country than the Supreme Court.
McDowell understands that segregated educational facilities are not
equal. While the judicial system allows
gross disparities in the funding of education, McDowell took a different
approach. She used the address of her
babysitter, Ana Rebecca Marques, to register her son in a Norwalk school while
she resided in Bridgeport.
The
authorities in Norwalk charged Tanya McDowell with stealing $15,000 in
educational services from the district.
The housing authority in Norwalk evicted Ana Rebecca Marques from her
so-called public housing for providing the documents that allowed McDowell’s
son to go to school in the district.
Twenty-six other students have been thrown out of Norwalk’s so-called
public schools for similar reasons. McDowell was singled out for prosecution
because she sold illegal drugs to an undercover agent.
When
we consider the charge that Tanya McDowell stole money from the Norwalk School
District, we might consider a few facts.
The historical facts are that huge amounts of money were effectively
stolen from Black people during slavery, Jim Crow segregation, as well as the
legalized discrimination we see today.
This theft was, and continues to be perfectly legal. To the best of my
knowledge, no one ever went to prison for steeling this money. To the contrary, some of the most lucrative
financial enterprises have reaped enormous profits from this discrimination.
The
Mayor of Norwalk, Connecticut is Richard A. Moccia. His daughter, Suzanne Vieux, is the District
Attorney who prosecuted Tanya McDowell.
These politicians have a similar outlook as the top government
officials, which include former President Barack Obama. These officials understand that there is
blatant discrimination in the educational system in this country, and they have
decided to do nothing about it. To the
contrary, they advocate for horrendous cutbacks that have made the disparity in
educational funding even more dramatic.
The
Connecticut Parent’s Union, and the NAACP gave their support to Tanya
McDowell. There was also a petition with
15,600 signatures that also supported her fight to avoid incarceration.
Gwen
Samuel, who heads the Connecticut Parent’s Union, had this to say as to why she
supports Tanya McDowell:
“She
[McDowell] understands something about the importance of education…I’m
disappointed and I’m scared… I’m afraid of a system that would rather arrest me
for being a good parent than help me raise my child to be a productive
citizen.”
Thurgood Marshall and Malcolm X
We can clearly commend Thurgood Marshall for using
his skills to defend individuals like Joseph Spell. As the film Marshall documents, Marshall’s life was
threatened many times because of his defense of Black rights. However, Marshall
also believed in the rule of law and felt that change would only come about
through actions like his in attempting to change the law. For these reasons
Marshall opposed the politics of Malcolm X.
Malcolm argued that the government Marshall
attempted to reform was an enemy to Black people. He argued that the way to
deal with racial discrimination was to gain control of the communities where
Black people lived. Towards the end of his life, Malcolm supported the idea of
socialism and was a strong supporter of the Cuban Revolution.
Today we can ask the question: Who’s strategy was
more effective, Thurgood Marshall or Malcolm X? Clearly the attempts to reform
the government did have positive effects. The legal system of Jim Crow
segregation was pushed aside. Black people began to have educational and
employment opportunities they never had before.
However, the average wage for Black people
continues to be below that of caucasians. The system of Jim Crow segregation
was replaced by a system of mass incarceration. The Supreme Court decision of
McCleskey v. Kemp effectively legalized this discrimination. While the Supreme
Court opposed separate education for Blacks and caucasians, Tanya McDowell went
to prison for sending her son to a predominantly caucasian school district.
On the other hand, the Cuban Revolution has shown
that when a workers government comes to power, there is a real possibility of
doing away with racist discrimination.
After the Cuban Revolution there is a story that is
pertinent to this discussion. A Black Cuban went to a barbershop and asked to
have his hair cut. The barber refused. The Cuban returned to the barbershop
with a police officer. The officer told the barber that he had a choice. He
could cut the Black man’s hair, or he would be going to jail.
In my opinion, the Cuban government has been able
to deal with this question because they follow the advice of Frederick Douglass
when he said: “Banish the idea that one class must rule over
another. Recognize the fact that the
rights of the humblest citizens are as worthy of protection as are those of the
highest and your problem will be solved.”
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