Guns make bullies of us all

April 8, 2019

We often use the tool at hand for whatever we’re trying to do. Got aspirin or alcohol? Drink it down ‘cause everything feels like a pain. Got a wrench? Everything looks like a pipe. Got a hammer and everything looks like a nail. Pete Seeger sang If I Had a Hammer he’d have used it to hammer out justice. It’s a wonderful song but it seems like the wrong tool.

Some of you may remember the late Congressman Steve Solarz. We went to high school together and I always remember a conversation we had about brotherhood – in student government I headed the brotherhood commission. Steve understood my passion and commented we can’t hammer brotherhood into people. Indeed, we can’t. Instead I had the privilege of inviting Jesse Owens to our school and introducing him to the assembly. Owens, an African-American, had won four medals at the 1936 Olympics in front of the Nazis in Berlin, Germany. We gave him our brotherhood award and then had the privilege of hearing him deliver an impressive and very powerful talk about brotherhood – a great alternative to using a hammer.

In the afternoon before I drafted this commentary, I read about a recent incident of abusive policing in Albany. In the evening, my email was filled with a discussion among law professors about an example in Louisville. Look at Washington and see international sabre-rattling. I looked over some draft commentary and read one about Israel’s reliance on force. And I realized there is a theme. Everybody has the same hammer with a barrel and a trigger. Much too often, from Albany to Louisville to Israel, the Philippines and many other places, the people with the guns don’t bother using their heads or their manners. They don’t have to. Them guns ‘ll make people shut up.

I don’t want to be simplistic about it. Policy changes often lead to overreaction. Focusing on domestic law enforcement, the public somehow has to support the police while also controlling it.

Nevertheless, mappingpoliceviolence.org/ tells us “There are proven solutions. Police Departments that have adopted these use of force policies kill significantly fewer people. But few departments have adopted them.”

Of course, if we could hang them up or put them away except when necessary, we could eliminate a lot of mistaken killing of innocent and unarmed people. There’s lots that police do that don’t call for guns.

Guns also don’t belong in cities. It’s one thing to use a gun for hunting but it’s another for people like George Zimmerman to think they are protecting the community by carrying a gun and killing an unarmed 17-year-old African-American who was heading away from, not toward, Zimmerman.

Guns do not belong in the hands of people who are convicted of domestic violence or any other kind of violence – only the manufacturers could truly like selling guns to people likely to use them on their families. Guns enable people to act out their worst instincts.

I support the Second Amendment right to carry a muzzle-loading-single-shot-18th-century device deep in the woods. That’s the strict construction that conservative judges have been trying to teach us to use. Claims about the breadth of the Second Amendment come from people’s prejudices, not the Constitution. Guns should need an excuse and a warrant before they are pulled out in public because guns make bullies of us all.

— Addendum – four excellent podcasts and web sites:

Shots Fired Part 1: https://www.wnycstudios.org/story/shots-fired-part-1

Shots Fired Part 2: https://www.wnycstudios.org/story/shots-fired-part-2

https://mappingpoliceviolence.org/

http://useofforceproject.org/#project

— This commentary is scheduled for broadcast on WAMC Northeast Report, April 9, 2019.

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Response to School Shootings

February 21, 2018

After this latest school shooting with 17 dead, I’ve read wonderful pieces by people who lost loved ones to guns, and banal pieces by wonderful writers whose imaginations were fried by the horror. What’s left? Sometimes I try to convince, or fire the choir. Here I’m trying to understand why we can’t put the guns away.

There are many strands in our struggle over guns.

  • Some decided the Civil Rights Movement justified refighting the Civil War. There’s literature at gun shows and conclaves of gun owners that would be out of place anywhere else.
  • Some associations, like the NRA, respond to their most committed, and extreme, members. The NRA’s extremists found a way to hold and even enlarge their membership while pushing it further toward the wrong – the opposite of left is certainly not a synonym for correct.
  • Some politicians have been scaring people for decades. It’s us against them and support your police – hardly an issue until it’s used to justify shooting some people in the back – that’s against the law for everyone else and I can’t support so-called “law enforcement” that shoots people in the back.

Let me suggest another. The Founders’ divisions persist. The Founders talked and wrote about the general welfare, the opposite of selfishness. They did not glorify freedom from regulation. The record shows amazing levels of social regulation – and by the way you couldn’t keep ammunition in your house – it belonged in armories. The Founders believed in social responsibility, though they certainly did not always act the part.

On the other side, their “Don’t Tread on Me,” patriotic slogan is now taken as an emblem for extreme libertarianism. I’ve seen people so sure of their right to do whatever they wanted that they were outraged when cutting their driveway through a neighbor’s property and cutting down her flowering bushes drew a very angry response. And once the Revolution ended British restraints on westward settlements, the former colonists couldn’t wait to snatch Indian land across the Appalachians. Indians didn’t count any more than slaves did; in fact Indians were often enslaved as well as exterminated. If “we” want something, and “we” can get it, then “we” should take it. “Don’t tread on me.”

Many schools reduced violence by banning guns, but many gun enthusiasts think more kids with guns would make schools safer. Many cities reduced violence by keeping guns off the streets. To a carpenter problems can look like nails; to orthopedists problems can look like broken bones; to gun owners ….

The tools we hold invite the responses we make. They dis or disobey us, here’s my tool and it makes these surgical cuts in your internal organs. So as innumerable old western movies celebrated, you had to “hang ‘em up.” (Whoever thought those movies could teach us anything?)

It’s not just macho culture; not just about gender or sex. It’s about getting what we want, controlling the world, not sharing or living in it.

Trayvon Martin never threatened George Zimmerman even if he convinced a bizarre jury that he was in reasonable fear, but Zimmerman had a gun which made it easy to shoot a man in the back. That’s a piece of “American culture” I can do without. I much prefer people with the decency and the wisdom to try to live together in peace, paz, pacem in terris, shalom, salaam – peace in any language and the peace that we claim in all faiths.

— This commentary was broadcast on WAMC Northeast Report, February 20, 2018.


Is Trump responsible for violent rallies? Law says probably not.

August 29, 2017

The Hill asked me to analyze the likelihood that the president could be held legally responsible for the violence at demonstrations. For my analysis click here. As the saga of Jones v. Clinton and the subsequent impeachment made clear, high profile cases can have unpredictable results.


Suckers for Trump

May 31, 2016

Let me begin by reminding you of Trump’s claims,[1] and end with some questions.

“I’m totally pro-choice” he declared and then took it back: “I’m pro-life” and told MSNBC that “there has to be some form of punishment” for a woman who has an abortion, later modified that only the doctor should be responsible. Plus he supported Planned Parenthood, and defunding them.

Remember the poor woman in Providence whose house was taken under eminent domain? “Eminent domain is wonderful” he told Fox News, and within a month told another outlet, “I don’t like eminent domain.”

He told CNN “I’m an environmentalist,” but tweeted “Global warming is a total, and very expensive, hoax!”

He once “support[ed] the ban on assault weapons and … a slightly longer waiting period to purchase a gun.” but “I don’t support it anymore.” Now he says he’s “the strongest person running in favor of the Second Amendment.”

In 2000 he said “We must have universal health care” but his campaign website read “It is not enough to simply repeal this terrible legislation,” and says he’d substitute “free market principles” on health care.

On taxes, in 2015 he described his tax plan as “a big tax reduction, including for the upper income.” On May 5 he told CNBC “I am not necessarily a huge fan of” cutting taxes for billionaires.

It’s not clear who Trump likes as people. First he refused to denounce the Ku Klux Klan and other white nationalists supporting him. Under fire he reversed course but many white supremacists, including David Duke, continue to support Trump. He’s blown hot and cold on refugees: “on a humanitarian basis, he said, “you have to” take in Syrian refugees. But now he wouldn’t. “I love Hispanics!” he tweeted on Cinco de Mayo, pictured with a taco bowl. Except of course that he wants to build a wall and send them all back to Mexico.

Donald thinks military policy is a cinch, “It would take an hour and a half to learn everything there is to learn about missiles. … I think I know most of it anyway.” He waffles on whether he would trust the Russians or not. He liked NATO, the North Atlantic Treaty Organization, which unites Europe and the U.S. militarily. “I see NATO as a good thing” he said recently but six days later decided “NATO is obsolete.”

The Middle East befuddles him. He supported invading Iraq. and crowed that “It looks like a tremendous success” but four days after that said, “The war’s a mess.”

He supported fighting in Libya: “Qadhafi in Libya is killing thousands of people, nobody knows how bad it is, and we’re sitting around, we have soldiers, all over the Middle East, and we’re not bringing ‘em in to stop this horrible carnage. … We should go in, we should stop this guy, which would be very easy and very quick.” But he said later, “I never discussed that subject.… We would be so much better off if Qadhafi were in charge right now.”

What are we supposed to make of Trump’s contradictions and about-faces? Does the adjective he uses endlessly to describe Hillary fit Trump better? Does he know what he’s talking about? I’m more interested in how we decide what he’s for? He’s inviting people to buy their own dreams. Whatever you’re for, he wants you to think he is too. Selling people their own dreams is a great sales tactic. It’s natural to believe others think like us. But if we guess wrong, who wants to be Donald’s sucker?

— This commentary was broadcast on WAMC Northeast Report, May 31, 2016.

[1] Clips collected on http://www.politico.com/magazine/story/2016/05/donald-trump-2016-contradictions-213869;  Michael P. Lynch, Truth, “Politics and the Power of Contradiction,” New York Times, May 8, 2016, at SR2, available as Michael P. Lynch, Trump, Truth, and the Power of Contradiction, http://www.nytimes.com/2016/05/08/opinion/sunday/trump-truth-and-the-power-of-contradiction.html?_r=0; “A Trump Sampler: His Changing Views,” New York Times, May 8, 2016, on page SR2, available at http://www.nytimes.com/interactive/2016/05/08/sunday-review/a-trump-sampler-his-changing-views.html.


What’s up with gun rights

May 14, 2013

What’s the NRA’s big attachment to assault weapons? Why do we have to suffer the weapons of mass murder?

One NRA member from Texas told an NPR reporter, “As far as I’m concerned, if you can afford to buy a tank, you should be able to buy a tank.” He explained: “the Second Amendment was put in not to hunt, not to go plink at cans, not to shoot at targets. If and when tyranny tries to take over our country, we can fight it.” NRA President Porter, too, wants people to be “ready to fight tyranny.” Porter, told an audience last June, when he was NRA vice-president, that “We got the pads put on, we got our helmets strapped on, we’re cinched up, we’re ready to fight, we’re out there fighting every day.” Read the rest of this entry »


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