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You can not tell the difference in species at this point in growth, but Republicans give the fetus more rights than women.

Ian Millhiser at Vox:

The Supreme Court announced on Monday that it will not hear Mckesson v. Doe. The decision not to hear Mckesson leaves in place a lower court decision that effectively eliminated the right to organize a mass protest in the states of Louisiana, Mississippi, and Texas. Under that lower court decision, a protest organizer faces potentially ruinous financial consequences if a single attendee at a mass protest commits an illegal act.

It is possible that this outcome will be temporary. The Court did not embrace the United States Court of Appeals for the Fifth Circuit’s decision attacking the First Amendment right to protest, but it did not reverse it either. That means that, at least for now, the Fifth Circuit’s decision is the law in much of the American South. For the past several years, the Fifth Circuit has engaged in a crusade against DeRay Mckesson, a prominent figure within the Black Lives Matter movement who organized a protest near a Baton Rouge police station in 2016. The facts of the Mckesson case are, unfortunately, quite tragic. Mckesson helped organize the Baton Rouge protest following the fatal police shooting of Alton Sterling. During that protest, an unknown individual threw a rock or similar object at a police officer, the plaintiff in the Mckesson case who is identified only as “Officer John Doe.” Sadly, the officer was struck in the face and, according to one court, suffered “injuries to his teeth, jaw, brain, and head.”

Everyone agrees that this rock was not thrown by Mckesson, however. And the Supreme Court held in NAACP v. Claiborne Hardware (1982) that protest leaders cannot be held liable for the violent actions of a protest participant, absent unusual circumstances that are not present in the Mckesson case — such as if Mckesson had “authorized, directed, or ratified” the decision to throw the rock. Indeed, as Justice Sonia Sotomayor points out in a brief opinion accompanying the Court’s decision not to hear Mckesson, the Court recently reaffirmed the strong First Amendment protections enjoyed by people like Mckesson in Counterman v. Colorado (2023). That decision held that the First Amendment “precludes punishment” for inciting violent action “unless the speaker’s words were ‘intended’ (not just likely) to produce imminent disorder.”

The reason Claiborne protects protest organizers should be obvious. No one who organizes a mass event attended by thousands of people can possibly control the actions of all those attendees, regardless of whether the event is a political protest, a music concert, or the Super Bowl. So, if protest organizers can be sanctioned for the illegal action of any protest attendee, no one in their right mind would ever organize a political protest again. Indeed, as Fifth Circuit Judge Don Willett, who dissented from his court’s Mckesson decision, warned in one of his dissents, his court’s decision would make protest organizers liable for “the unlawful acts of counter-protesters and agitators.” So, under the Fifth Circuit’s rule, a Ku Klux Klansman could sabotage the Black Lives Matter movement simply by showing up at its protests and throwing stones.

The Fifth Circuit’s Mckesson decision is obviously wrong

Like Mckesson, Claiborne involved a racial justice protest that included some violent participants. In the mid-1960s, the NAACP launched a boycott of white merchants in Claiborne County, Mississippi. At least according to the state supreme court, some participants in this boycott “engaged in acts of physical force and violence against the persons and property of certain customers and prospective customers” of these white businesses. Indeed, one of the organizers of this boycott did far more to encourage violence than Mckesson is accused of in his case. Charles Evers, a local NAACP leader, allegedly said in a speech to boycott supporters that “if we catch any of you going in any of them racist stores, we’re gonna break your damn neck.”

Dangerfield Newby (1815 – October 17, 1859) was born into slavery in Fauquier County, Virginia, He married a woman also enslaved. Newby's father was Henry Newby, a landowner in Fauquier County. His mother was Elsey Newby, who was a slave, owned not by Henry, but by a neighbor, John Fox. Elsey and Henry lived together for many years and had several children, although interracial marriage was illegal in Virginia. Dangerfield was their 1st kid. Dangerfield, his mother and his siblings were later freed by his father when he moved them across the Ohio River into Bridgeport, Ohio. John, who died in 1859, apparently did not attempt to retrieve Elsey, Dangerfield, or any of his siblings. Dangerfield's wife and their 7 children remained in bondage. A letter found on his body revealed some of his motivation for joining the raid on Harpers Ferry.

Dangerfield’s new wife, Harriet, was the slave of Jesse Jennings, of Warrenton, Virginia. Newby had been unable to purchase the freedom of his wife and 7 children. Their master raised the price after Newby had saved the $1,500 that had previously been agreed on. all of his other efforts had failed he hoped to free them by force.

On October 17, 1859, the citizens of Harpers Ferry set to put down the raid. Harpers Ferry manufactured guns but the citizens had little ammunition, so during the assault on the raiders they fired anything they could fit into a gun barrel. One man was shooting 6inch spikes from his rifle, one of which struck Newby in the throat, killing him instantly. After the raid, the people of Harpers Ferry took his body, stabbed it repeatedly, and amputated his limbs. His body was left in an alley to be eaten by hogs. In 1899 the remains of Newby-plus remains of 9 other raiders-were reburied in a common grave near the body of John Brown in North Elba, New York.

Dangerfield's wife, Harriet and her children were sold to a Louisiana slave owner after the raid.

Music of African heritage in Cuba derives from the musical traditions of the many ethnic groups from different parts of West and Central Africa that were brought to Cuba as slaves between the 16th and 19th centuries. Members of some of these groups formed their own ethnic associations or cabildos, in which cultural traditions were conserved, including musical ones. Music of African heritage, along with considerable Iberian (Spanish) musical elements, forms the fulcrum of Cuban music.

Much of this music is associated with traditional African religion – Lucumi, Palo, and others – and preserves the languages formerly used in the African homelands. The music is passed on by oral tradition and is often performed in private gatherings difficult for outsiders to access. Lacking melodic instruments, the music instead features polyrhythmic percussion, voice (call-and-response), and dance. As with other musically renowned New World nations such as the United States, Brazil and Jamaica, Cuban music represents a profound African musical heritage.

Clearly, the origin of African groups in Cuba is due to the island's long history of slavery. Compared to the USA, slavery started in Cuba much earlier and continued for decades afterwards. Cuba was the last country in the Americas to abolish the importation of slaves, and the second last to free the slaves. In 1807 the British Parliament outlawed slavery, and from then on the British Navy acted to intercept Portuguese and Spanish slave ships. By 1860 the trade with Cuba was almost extinguished; the last slave ship to Cuba was in 1873. The abolition of slavery was announced by the Spanish Crown in 1880, and put into effect in 1886. Two years later, Brazil abolished slavery.

Although the exact number of slaves from each African culture will never be known, most came from one of these groups, which are listed in rough order of their cultural impact in Cuba:

The Congolese from the Congo Basin and SW Africa. Many ethnic groups were involved, all called Congos in Cuba. Their religion is called Palo. Probably the most numerous group, with a huge influence on Cuban music.

The Oyó or Yoruba from modern Nigeria, known in Cuba as Lucumí. Their religion is known as Regla de Ocha (roughly, 'the way of the spirits') and its syncretic version is known as Santería. Culturally of great significance.

The Kalabars from the Southeastern part of Nigeria and also in some part of Cameroon, whom were taken from the Bight of Biafra. These sub Igbo and Ijaw groups are known in Cuba as Carabali,and their religious organization as Abakuá. The street name for them in Cuba was Ñáñigos.

The Dahomey, from Benin. They were the Fon, known as Arará in Cuba. The Dahomeys were a powerful group who practised human sacrifice and slavery long before Europeans arrived, and allegedly even more so during the Atlantic slave trade.

Haiti immigrants to Cuba arrived at various times up to the present day. Leaving aside the French, who also came, the Africans from Haiti were a mixture of groups who usually spoke creolized French: and religion was known as vodú.

From part of modern Liberia and Côte d'Ivoire came the Gangá.

Senegambian people (Senegal, the Gambia), but including many brought from Sudan by the Arab slavers, were known by a catch-all word: Mandinga. The famous musical phrase Kikiribu Mandinga! refers to them.

Subsequent organization

The roots of most Afro-Cuban musical forms lie in the cabildos, self-organized social clubs for the African slaves, and separate cabildos for separate cultures. The cabildos were formed mainly from four groups: the Yoruba (the Lucumi in Cuba); the Congolese (Palo in Cuba); Dahomey (the Fon or Arará). Other cultures were undoubtedly present, more even than listed above, but in smaller numbers, and they did not leave such a distinctive presence.

Cabildos preserved African cultural traditions, even after the abolition of slavery in 1886. At the same time, African religions were transmitted from generation to generation throughout Cuba, Haiti, other islands and Brazil. These religions, which had a similar but not identical structure, were known as Lucumi or Regla de Ocha if they derived from the Yoruba, Palo from Central Africa, Vodú from Haiti, and so on. The term Santería was first introduced to account for the way African spirits were joined to Catholic saints, especially by people who were both baptized and initiated, and so were genuine members of both groups. Outsiders picked up the word and have tended to use it somewhat indiscriminately. It has become a kind of catch-all word, rather like salsa in music.

The ñáñigos in Cuba or Carabali in their secret Abakuá societies, were one of the most terrifying groups; even other blacks were afraid of them:

Girl, don't tell me about the ñáñigos! They were bad. The carabali was evil down to his guts. And the ñáñigos from back in the day when I was a chick, weren't like the ones today... they kept their secret, like in Africa.

African sacred music in Cuba

All these African cultures had musical traditions, which survive erratically to the present day, not always in detail, but in the general style. The best preserved are the African polytheistic religions, where, in Cuba at least, the instruments, the language, the chants, the dances and their interpretations are quite well preserved. In few or no other American countries are the religious ceremonies conducted in the old language(s) of Africa, as they are at least in Lucumí ceremonies, though of course, back in Africa the language has moved on. What unifies all genuine forms of African music is the unity of polyrhythmic percussion, voice (call-and-response) and dance in well-defined social settings, and the absence of melodic instruments of an Arabic or European kind.

Not until after the Second World War do we find detailed printed descriptions or recordings of African sacred music in Cuba. Inside the cults, music, song, dance and ceremony were (and still are) learnt by heart by means of demonstration, including such ceremonial procedures conducted in an African language. The experiences were private to the initiated, until the work of the ethnologist Fernando Ortíz, who devoted a large part of his life to investigating the influence of African culture in Cuba. The first detailed transcription of percussion, song and chants are to be found in his great works.

There are now many recordings offering a selection of pieces in praise of, or prayers to, the orishas. Much of the ceremonial procedures are still hidden from the eyes of outsiders, though some descriptions in words exist.

Yoruba and Congolese rituals

Main articles: Yoruba people, Lucumi religion, Kongo people, Palo (religion), and Batá

Religious traditions of African origin have survived in Cuba, and are the basis of ritual music, song and dance quite distinct from the secular music and dance. The religion of Yoruban origin is known as Lucumí or Regla de Ocha; the religion of Congolese origin is known as Palo, as in palos del monte.[11] There are also, in the Oriente region, forms of Haitian ritual together with its own instruments and music.

In Lucumi ceremonies, consecrated batá drums are played at ceremonies, and gourd ensembles called abwe. In the 1950s, a collection of Havana-area batá drummers called Santero helped bring Lucumí styles into mainstream Cuban music, while artists like Mezcla, with the lucumí singer Lázaro Ros, melded the style with other forms, including zouk.

The Congo cabildo uses yuka drums, as well as gallos (a form of song contest), makuta and mani dances. The latter is related to the Brazilian martial dance capoeira

Don’t forget his baby sister, Nawar.

In June 2010, the Center for Constitutional Rights and the American Civil Liberties Union were retained by Nasser Al-Aulaqi, the father of Anwar Al-Aulaqi, to bring a lawsuit in connection with the government’s decision to authorize the killing of his son, a U.S. citizen who had been placed on secret “kill lists” maintained by the CIA and the U.S. military’s covert Joint Special Operations Command (JSOC) earlier that year. Shortly thereafter, the Secretary of the Treasury designated Anwar al-Aulaqi a “Specially Designated Global Terrorist,” which made it a crime for lawyers to provide pro bono legal services for his benefit without first seeking a license from the Office of Foreign Assets Control (OFAC).  CCR and the ACLU sought a license, but after the government’s failure to grant one despite the urgency created by the outstanding authorization for Al-Aulaqi’s killing, CCR and the ACLU brought suit challenging the legality and constitutionality of the licensing scheme. The government thereupon provided the license.

In August 2010, CCR and the ACLU filed suit on behalf of Nasser Al-Aulaqi, challenging the government’s decision authorizing the CIA and JSOC to target and kill his son in Yemen. Outside of the context of armed conflict, the Constitution and international human rights treaties the U.S. has ratified prohibit the state from depriving persons of life without due process, except as a last resort to protect against an imminent threat of deadly harm. Anwar Al-Aulaqi was being targeted far from the United States’ war in Afghanistan, and the standing order for his killing flew in the face of the plain meaning of the law’s imminence requirement. The district court in Washington, D.C., dismissed the case on jurisdictional grounds, without reaching the merits. This case is part of CCR’s work challenging unlawful drone killings by the United States and other fundamental rights violations being committed in the name of national security. 

Date Filed: 

August 3, 2010

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