Recently, my hometown of Bloomington’s farmers market has been covered Fox News and The New York Times. Not because the vegetables sold here are particularly deserving of national attention. The market was deemed newsworthy because one of the farm stands is run by outspoken white supremacists.
Although Bloomington is a fairly liberal college town, this region has a sordid history of hate. The national Klan headquarters is less than 30 minutes away – when I was in college, the campus diversity coordinators warned students not to stop in that town, not even to buy gas. Even right here in Bloomington, there was a fracas at the local high school recently because some students decided to honor a friend who’d died by using cremation ashes to print bumper stickers – but they printed stickers of the Confederate flag.
Teaching poetry in the
local jail has made me much better at recognizing supremacist imagery. Most people know that the Confederate flag is
bad news, but I’ve gotten to see a wider range of hateful symbols tattooed onto
COs bring twelve people to
each week’s class – often two to four will be Black (in a town where the total
population is approximately 4% Black or African-American), and the rest are
usually white guys. It’s pretty common
for one or two of the white guys to have visible supremacist
tattoos. Which doesn’t even include
questionable stuff like the dude who got an poke and stick of the words “White
Trash” in elaborate two-in-tall cursive letters during his time there. Tattooing runs afoul of the jail’s “no self
mutilation” policy, but most COs studiously overlook the guys’ rashy red skin
and burgeoning designs.
When I’m there, we often
read poetry that directly addresses racial injustice. I’ve brought stuff by Reginald Dwayne Betts,
Ross Gay, Terrance Hayes, Adrian Matejka, and Tracy Smith. Sometimes these lead to good
discussions. Sometimes our class gets
In one of the poems titled “American Sonnet for My Past and Future Assassin,” Hayes pulls off a stunning trick. The same line is included twice, but the word “haunted” changes from a verb into an adjective after the language slides into a less formal diction. It’s a beautiful moment. The first time I brought this poem, we talked about the clinginess of the past, the way not only our own histories but also the histories of our forebears can stalk us through time.
The next time I brought
this poem, several guys reacted by saying that Black people don’t talk right. Then they went off about sagging pants. All this from southern-accented white guys
whose missing-toothed, meth-mouthed mumbles and guffaws I could barely
We had to quickly move on.
Or there was the time when
we read Betts’ “Elegy with a City in It,” a fantastic poem that uses a spare,
stark set of words and sounds to simultaneously evoke both the deprivations of
the inner city and the epic grandeur of The Iliad, which uses a
similarly constrained lexicon.
Many gone to the grave:
by blood, lost in the
of all that is awful:
think crack and
what time steals,
or steals time: black
nights when men offed in
the streets awed
If you read the poem
aloud, you’re chanting the same phonemes over and over, but their meanings
twist and turn as they spill from your tongue.
That’s what I wanted to discuss.
Instead, a few guys
latched onto lines like
Mario, Charles, they all
the inside of a coffin …
and this offended them because “white people have it bad, too!” As though Betts could not describe Black pain without trivializing their own. Soon somebody was saying “All lives matter” and that he’d voted for our current president. This guy was in jail because he’d been caught selling heroin to support his own habit. The president he’d voted for had recently recommended executing drug dealers.
Somebody else shook his
head and muttered, “y’all are fucking [stupid].”
We moved on.
In my classes, I work with a wide range of ages – sometimes guys as young as seventeen, sometimes men in their sixties. My spouse, as a high school teacher, works with younger people – anywhere from fourteen to eighteen years old. But ideology can set in early. My spouse has had students whose families were prominent in the Klan.
At the beginning of the
year, she asks each student to fill in the paper silhouette of a head with
words and pictures of what inspires them to succeed. She then posts these along the ceiling of her
classroom. Several times, she’s had to
ask kids to erase supremacist imagery.
So it isn’t terribly
surprising that some farmers at our local market have hateful beliefs. Right-wing supremacist movements are major
terrorist organizations in this country, and they do a lot of recruiting. As our nation has become slightly less
horrible, though, many of these people learned to be circumspect. They maintain a divide between their private
and public language.
People who rely upon
public, liberal venues like our farmers market can’t be too outspoken with
Indeed, the white supremacist farmers who were recently outed tried to be circumspect. But they must have felt lonely, and they grew too careless. Under a pseudonym, they posted on the Identity Evropa message board. This is a website devoted to the ideologies that have inspired the vast majority of terrorism in the United States. Theoretically, this is a venue where people get to cultivate their hatred anonymously. But one of their compatriots was caught painting swastikas on a synagogue (see image below) and blew their cover. Sort of. The vandal was interrogated by the FBI, and his remark unveiling the farmers’ pseudonym was buried deep in a 200-page sentencing document.
Through assiduous work, a
team of activists was able to prove that these farmers were white supremacists.
The activists who had
worked so hard to gather evidence were obviously against hate. They wanted to take action. But the plan they favored wasn’t very
flashy. They would organize a boycott of
that farm stand. They also proposed that
the city use the sellers’ farmers market fees to fund grants for people of
color, with the understanding that our nation’s long history of racism has
inequitably skewed the demographics of agricultural land holdings.
To stay at the farmers
market, the supremacists would have had to support a cause they loathed … and
they were making less and less money here.
I was told that, during the boycott, the farmers had begun padding their
bins, bringing fewer vegetables each week so that they could still appear to be
selling out their stock.
Unfortunately, the tropes
of social media have changed public discourse in our country. I assume it’s relatively uncontroversial to
claim that social media prizes style over substance. Quiet, careful plans are at a disadvantage in
the attention economy.
As word spread that these
farmers were white supremacists, patrons demanded that they be banned from our
market. People of color now felt unsafe
in that space, for obvious reasons.
There’s a difference between the perceived threat level felt by a
pale-skinned activist and by somebody who is recognizably a member of a racial
The mayor, whose spouse is
a constitutional law professor, rightly argued that the farmers would be able
to sue the city on a First Amendment case.
Still, people felt that we
had to do something more visible. Passively
allowing outspoken white supremacists to hawk their tomatoes at our market would
seem to be tacitly endorsing their political stance.
Everybody has a right to
believe whatever garbage they want. Do
you sincerely believe that people of northern European descent have a genetic
inclination toward greater intelligence?
You’re wrong, and you’re a jerk, but you’re allowed to believe that.
The problem is that white
supremacist organizations like Identity Evropa use terrorism to back their
asinine beliefs. Implicit threats of
violence, delivered by people known to stockpile military-grade weaponry, are
different from “mere” hate.
If these farmers couldn’t
be banned, then we’d hold signs in front of their booth. Eventually, a protester was arrested – the
police had asked her to stand in a designated “announcements” area instead of
in the middle of the market – and, as always happens following an arrest, her
home address was published online.
She was soon inundated
with death threats.
As coverage of the dispute increased, right-wing militia types were also drawn to our town. Three percenters, unaffiliated gun nuts, other supremacists – they began to support that farm, undermining the boycott. And these radical Protestant faux-constitutional terrorists made sufficiently credible threats of mass violence that our mayor had to shut down the entire market for two weeks at the height of the growing season. Other farmers were suffering.
Calm, careful behavior
from the original activists – assiduously combing through those lengthy, dull
documents, not to mention their efforts to infiltrate local supremacists’
in-person social circles – had undoubtably helped. Hateful ideologies were exposed, and efforts
were made to impose consequences.
But then our visible
protests made matters worse. We’ve
helped the proponents of hate to make more money.
And, now that we’ve drawn attention to them, we’ve inadvertently connected these white supremacists with their allies. They will no longer need to post on public forums, which was the only reason that activists were able to prove that they supported these ideologies in the first place. Now these supremacist farmers are invited speakers at right-wing events.
Our audience clapped for
the poems and stared aghast during our banter, which is probably as it should
We closed our set with a
piece from M.G. This poem was written in
February, before the public turmoil regarding our farmers market began. At a moment when so many of us were warily watching
that space, it seemed important to remind people that there have always been
watchful eyes gazing at the market.
The farmers market is just
down the street from our five-story county jail.
Our criminal justice system ensnares people from all walks of life. Occasionally we’ll hear about the arrest of a wealthy sociopath with a penchant for child abuse, like Jared Fogel or Jeffrey Epstein.
But, let’s face it. Justice in this country isn’t applied fairly. If you’re wealthy, your behavior has to be a lot more egregious for you to reap the same punishments as a poor person. If you look white, your behavior has to a lot more egregious for you to reap the same punishments as a black person.
There’s abundant statistical evidence to back up these claims. But the Supreme Court won’t allow any particular individual to petition for reduced punishment based on the statistical evidence. After all, prosecutors, judges, and juries ostensibly came to their decisions based on the unique details of each individual case. Just because people who resemble you are often treated unfairly doesn’t mean that you were treated unfairly, too.
Because we apply punishment so inequitably, our jails and prisons are full of people who’ve been treated poorly by the world. Compared to the average citizen, people in prison grew up with less money, received less education, experienced more trauma. And, no matter what people’s earlier lives were like, if they’re in prison, they’re not being treated well now.
So they have a lot of justifiable grievances against the dominant political, cultural, and religious beliefs of our country. Punished unfairly by their fellow Christians, people sour on Christianity. Inside walls where the demographics make it blatantly obvious that our laws are enforced in a malignantly racist way, racial tensions boil.
At Pages to Prisoners, an organization that sends free books to people inside, we get requests for stuff about Norse mythology, Odinism, and Asatru. Lots of folks ask for material to learn foreign languages – people want to feel like they’ve accomplished something during their time in prison – but I always feel skeptical when somebody wants help learning Icelandic.
Not that there’s anything wrong with Icelandic. And Norse mythology is cool! Unfortunately, a gaggle of violent white supremacists decided that Norse mythology should be the basis for their religion. Starting in the 1970s, a right-wing racist from Florida began sending “Odinist” publications into prisons.
During the thirteenth century, Christian scholars transcribed many of the old Norse myths so that they could better understand the literary allusions of old Icelandic poetry. But they didn’t record anything about ancient religious practice. We barely have any information about most ancient pagan beliefs. Anyone who wants to adopt a pre-Christian European religion now – whether it’s Wicca, Druidism, Odinism, or Celtic polytheism – is basically forced to make things up.
I have nothing against religious invention. All religions were made by human beings – there’s no a priori reason why a religion created long ago, by people who understood much less about the world than we do now, would be better than something you invent today. Sure, ancient religions have been tested by time, suggesting that they possess virtues that their practitioners found helpful over the years, but most ancient religions have their problems, too. Inaccurate cosmologies, scattered hateful passages in their texts, that sort of thing.
So I like the idea of neo-paganism. You want to find a clearing in the woods and
do some moonlit dancing? You’d rather
worship a feminine generative force than a norm-enforcing patriarchal deity? You want to exalt nature as a hearth to be
protected rather than a resource to be exploited? Go right ahead! All of that sounds pretty great to me.
neo-paganism as it’s currently practiced in prison tends to be pretty hateful.
That’s why I’ve been
working on a set of anti-racist pamphlets about Norse mythology. Currently, when people ask for The Poetic
Edda or whatever, we send a friendly letter saying that we don’t have it,
and also that we generally don’t stock that sort of thing because it runs afoul
of our anti-hate policy.
But the Norse myths are
certainly no more hateful than Biblical myths, and we send plenty of
those. The main difference is that
centuries of continued Christian practice have created a scaffolding of gentler
beliefs around the stories in the Bible.
The text of Psalm 137
states that “Happy shall he be, that taketh and dasheth thy little
ones against the stones.” But the
text is a tool, not the entirety of the religion. The practice of Christianity frowns upon
the murder of any human infant. Whether
you like the kid’s parents or not.
We’d be better off if Pages to Prisoners could send warm-hearted material about Norse mythology to people. Sure, you can interpret the Norse myths as endorsing a war-mongering death cult. You can interpret the Old Testament that way, too. But you can also interpret the Norse myths as environmentalist. Feminist. Supporting the pursuit of knowledge. Judging strangers based upon their merits, not their appearance.
Odinism is so entangled with white supremacy, though, our pamphlet will have to
address skin color and genetic heritage directly. It’s a fraught topic. Lots of people in the U.S. don’t like any discussion
of evolution. Some people feel squigged
out when they learn that contemporary birds evolved from the same set of common
ancestors as the dinosaurs. And that’s far
less emotionally charged than a description of human evolution.
Plus, skin color still has huge implications for how people are treated in the United States. Consider, um, those prison demographics I cited above. And so discussions about the evolution of epidermal melanin concentrations are especially tense. Although the underlying biology is simple – some places have more sunlight than others! – because people think it matters, it does.
I’ve found that these conversations are actually a decent way to get people interested in the study of archeology and biology, though. After we’ve discussed this in jail, people have asked me to bring research papers and textbooks so that they could learn more.
Whenever two groups of an organism stop mating with each other, they’ll slowly drift apart. This rift might occur because the groups became physically separated from each other. Maybe one group migrated to an island. In contemporary times, maybe the groups were separated when humans built a new highway bisecting a habitat. Maybe two sets of similar-looking insects mate apart because they’re eating fruits that ripen at different times.
Or the groups might stop mating with each other because a chance mutation caused members of one group to want their sexual partners to smell a certain way. Various species of stickleback are able to interbreed – they identify other members of their kind based on smell. But water pollution has overwhelmed the fishes’s senses, leading the fish to mate indiscriminately.
If humans hadn’t
polluted their waters, though, these sticklebacks would have drifted farther
and farther apart until it became impossible for them to interbreed. No matter how many sense-suppressing
chemicals we dumped.
We don’t know what caused the initial rift between our ancestors and the ancestors of contemporary chimpanzees. About 4 million years ago, though, these groups stopped having children together. By 2 millions years ago (at least 100,000 generations later), these groups looked quite different from each other. Although it’s possible that these organisms could have still mated with each other and raised viable progeny, they rarely did.
One group of these
creatures, which included our ancestors, had a tucked pelvis and mostly upright
posture. This allowed for a good vantage
while scavenging and, eventually, hunting.
The other group, which includes chimpanzees’ ancestors, mostly moved on
all fours. This body plan results in
fewer mothers dying during childbirth.
As ever, there are trade-offs to be made.
Up until about 2 million
years ago, all our ancestors lived in Africa.
But then they began to migrate.
Over the next million years, they explored much of the globe. By about 500,000 years ago, half a dozen
different types of humans lived in Africa, Europe, and Asia. The difference between one population to the
next was not like the racial differences among contemporary humans, but more
like the difference between lions and tigers, or between polar bears and brown
bears. Scientists describe them as
distinct species. Although they were
similar enough that they could have sex and raise children together, they
rarely did – they lived in distinct parts of the world and had begun to evolve
adaptations to their specific environments.
Evolution isn’t easy. Nor is it quick. Just because a certain trait would be
advantageous doesn’t mean that creatures will acquire it. In the desert, it would help to have
adaptations for water retention like camels, or long ears like jackrabbits to
cool the blood. But a trait can only
spread after a random mutation creates it.
And, even if a trait is very helpful, if only one individual is born
with the adaptation, there’s no guarantee that it will have enough children for
the benefit to spread through the population.
Once a beneficial trait has a good toe-hold – present in perhaps 1% to 10% of the population – then we can expect it to flourish. But below that amount, even great adaptations might die off due to bad luck. That’s why it takes so many generations – tens of thousands, or hundreds of thousands – before you see organisms become drastically better suited for the environment. Even when scientists do directed evolution experiments in the lab, it takes about this many generations for a population of bacteria to evolve ways to consume a new food source, for instance.
By 500,000 years ago, the various species of humans were recognizably different. Denisovans lived in the mountains, and their hemoglobin genes allowed them to avoid altitude sickness. Their blood was less likely to clot and cause strokes, and they could extract more oxygen from the thin air. These are incredibly beneficial traits. Even though the Denisovans went extinct about 40,000 years ago, about 40% of people currently living in Tibet have copies of the Denisovan hemoglobin gene.
Our ancestors migrated east to the Denisovans’ homeland just before the Denisovans went extinct. To be perfectly honest, we probably killed them. But before or during this genocide, a few of our ancestors must have had sex with the locals. And then the bi-racial children of these Homo sapiens / Denisovan couplings must have been significantly better off for the gene to spread so widely.
The Neanderthal lived at
high latitude. Over many generations,
their average skin color became paler.
In part, this was probably due to the lack of selective pressure. Think about a dodo – there was no advantage
for these birds to lose their fear of humans.
But, because the dodos were living on an island that no humans traveled
to, there was also no harm in the birds becoming fearless.
Dodos lost a beneficial
trait – fear – because their fear wasn’t actively needed. It’s kind of like the airbags in an old
car. If your car’s engine goes bad,
you’ll notice right away. Turn the key,
hear it sputter. You use the engine
every time you drive. But your airbags
could get worse without you noticing … and then, in the moment when they’re
needed, they won’t deploy.
Humans living near the equator need epidermal melanin. If you don’t have enough melanin, you’ll get sunburns, which exacerbate the risk of infection and dehydration; you’ll suffer radiation-induced DNA damage, which leads to skin cancer; and you’ll lose folate, which means that pregnant women will have more birth defects.
The most recent ancestors
that humans and chimpanzees shared in common had pale skin. Contemporary chimpanzees are still pale. They can afford to be – their fur protects
them from the sun. But our ancestors
lost their fur, probably so that they didn’t overheat while running, and this
led to the evolution of dark skin.
High concentrations of
epidermal melanin distinguished humans from the other apes.
As humans migrated to
higher latitudes, though, they gradually lost this indicator of their
humanity. Because the sunlight was less
intense, there was less selective pressure.
Humans could lose their epidermal melanin in the same way that dodos
lost their fear – not because it was helpful to go without it, but because the
trait went untested in their day to day lives.
They had no way to “realize” how important it was.
Your airbags aren’t
helpful until you crash. And then
they’ll either deploy and save you, or they won’t.
Now, it’s possible that the Neanderthal also experienced some positive selective pressure on their skin color as they migrated north. Over thousands of generations, the Neanderthals may have benefited from paler skin because it increased their production of vitamin D. We don’t know for certain that the Neanderthal felt any evolutionary pressure to have more vitamin D – after all, contemporary Inuit people live at very high latitudes but still have a lot of epidermal melanin – but it’s true that vitamin D deficiency is a big risk among people with crummy diets.
In the past, hunter / gatherers typically ate much healthier, more varied diets than farmers. When humans began to farm, they would mostly eat the one type of plant that they cultivated, rather than the wide mix of plants that could be found growing wild. And when Homo sapiens farmers migrated to northern Europe, their diets were so poor that they even developed loss-of-function mutations in a cholesterol synthesis gene, probably so that they’d have higher concentrations of vitamin D precursors. Among these people, pale skin was probably a big advantage. They’d be ready for the cloudless days when their homeland’s feeble sunlight was enough to make some vitamin D.
Around 40,000 years ago,
our planet’s most recent ice age ended.
The world began to warm, and glaciers retreated from Europe. By then, a group of humans living in Africa
were recognizably Homo sapiens.
These were our ancestors. Every
human alive today – no matter what you look like or where your family is from –
is descended from this group of people from Africa. They lived in tribes of twenty to a hundred
people, had darkly pigmented skin, made art, and spoke complex languages.
As the world warmed, some
of these Homo sapiens began to migrate.
These journeys occurred over many generations. Some tribes stayed in Africa; some tribes
ventured north into Europe; others moved east toward Asia. As they traveled, they encountered the humans
who already lived in those places. As
I’ve mentioned, the newcomers occasionally had sex and raised children with the
natives. They probably also killed a lot
of them. Unfortunately, we Homo
sapiens don’t have the best reputation for treating strangers well.
rarely enough that most people living today have about 99% Homo sapiens DNA. Some people, especially if their families are
from Africa, have essentially 100% Homo sapiens DNA. At other extreme, even people whose families
are from Europe have 96% or more Homo sapiens DNA.
Among people living in
Tibet, the Denisovan hemoglobin gene is common, but most other Denisovan genes
Like the Neanderthal
before them, the Homo sapiens who ventured north into Europe began to
lose their epidermal melanin. People who
hunted and fished probably became paler simply because there was less risk of
sun damage. Remember, this didn’t happen
all at once. Average skin color would
change only over the course of hundreds or even thousands of generations, not
during the course of a single journeying Homo sapiens’s lifetime.
Our ancestors spent almost
all their time outdoors, which is why even dark-skinned people could probably
synthesize plenty of vitamin D. Among
contemporary humans, vitamin D deficiency is such a big problem because we
spend too much time inside. As I type
this, I’m sitting at a table in the YMCA snack room, lit up by flickering
fluorescent bulbs. This low-quality
light won’t help me make vitamin D.
Instead, I take a daily
supplement. But that doesn’t come near
matching the health and psychological benefits of time outdoors.
Perhaps it’s worth mentioning that people in jail – places not known for providing a rich, high-quality, varied diet – typically get to go outside no more often than once a week. At our local jail, their hour of “outdoor rec” occurs in a little courtyard at the top of the jail, a cement space covered with a chain-linked fence. Outdoor rec often happened at night – a friend who was recently released told me that “This was still nice. You could see some stars. And there’s that restaurant, Little Zagrib, down the street? Sometimes we’d smell foods from their kitchen.”
Treating people that way
is unlikely to help them get better.
But back to our migrants! Descendants of these pale-skinned Homo sapiens continued to explore new territories. Some reached North America about 12,000 years ago, and some of their descendants continued farther, all the way to South America.
As people traveled –
journeys that lasted many generations – they continued to evolve. Indeed, skin color was a trait that came
repeatedly under selective pressure. As
people migrated south into the Americas, they were living progressively closer
and closer to the equator. Compared to
their grandparents, they were bombarded by more intense sunlight. They needed more epidermal melanin.
This is a process that
takes a long time. A family might have
six kids; maybe the two palest kids get sunburned, which makes it more likely
that they’ll develop skin infections and die before they have children of their
own. If this happens again and again,
among many different families, then eventually the whole population will wind
up with slightly darker skin.
Because human skin color
has changed during each of the many prehistoric migrations, it isn’t correlated
with other traits. As we entered the
modern era, people’s skin color was lighter or darker based on how close to the
equator their recent ancestors lived.
But human populations migrated so often that there were many different
groups, each with unique cultural and genetic heritages, living at every
latitude. Because skin color is so
closely linked to latitude, this means many different groups shared similar
concentrations of epidermal melanin. And
there’s no evolutionary pressure linking a trait that protects skin to brain
size or intelligence.
As it happens, there are
major events known to have caused a decrease in human brain size (and probably
intelligence). After all, human brains
are costly. Even though there’s a
benefit to being clever, there’s also been constant evolutionary pressure against
Large brains kill
mothers. Because humans walk upright,
childbirth is riskier for human mothers than for other primates. Our posture constrains the width of our hips
– both male and female – but a baby’s whole head has to pass through that
Having children is so
risky that we evolved to give birth about 3 months prematurely. Human gestation takes about a year, but most
mothers give birth after only 9 months.
This allows a baby’s head to continue to grow outside the mother’s body,
but human babies are totally helpless at birth.
We have to be very devoted parents to keep them alive.
Also, our brains require a
lot of fuel. Human evolution occurred
over such a long, long time that our ancestors lived through many droughts and
calamities. During the hard years, our
ancestors would struggle to get enough to eat, and a large brain makes that
A person with a smaller
brain requires fewer calories, making that person less likely to starve in lean
times. And, again, it’s worth
remembering that evolution happens over so many generations, among so many
families, that even small changes can add up.
If mothers who have small-headed children can survive a dozen
pregnancies, but mothers with large-headed children die after only a few, then
the trend will be to have people with smaller brains. Intelligence has to be extremely
beneficial to overcome this sort of evolutionary pressure.
Similarly, if people with
small brains are more likely to survive and raise children during droughts,
then, after hundreds of generations of people who have survived dozens of
extended droughts, you’d expect to see more people with small brains.
Many of us have the bad
habit of reflexively thinking about evolution as the gradual development of
more and more complexity. But that’s not
what it is. Evolution is the process by
which things that are better suited for their environment become more
abundant. If the environment is a hard
place to live in, then evolution tends to push for more and more simplicity. When it’s hard to get enough calories, why
waste calories on anything that you don’t really need?
Starfish are descended
from organisms that had brains. But
starfish are brainless. The ancestral
starfish that weren’t wasting energy thinking were more likely to survive.
Which should make you feel
pretty good about your own brain, actually.
Your ability to think is so fabulous that your ancestors evolved larger
and larger brains … even though these brains were sometimes causing us to
starve to death, or kill our mothers.
That’s a valuable thing
you’ve got inside your skull. It cost
our ancestors so much for you to be able to have it.
But, right. Because the cost was so high, human brains did shrink sometimes. Like when we first domesticated dogs. Our ancestors began living with dogs about 30,000 years ago. Dogs were willing to do some thinking for us – they’d sniff out prey and listen for predators at night. Based on the behavior of my family’s dogs, I bet that they licked the faces of screaming children. Maybe that doesn’t seem essential for survival, but I certainly appreciate every time our dogs calm the kids down.
Because we could slough
off a few mental tasks – I don’t need to be so observant if the dog will
help me hunt – our brains could shrink, making childbirth less deadly and
reducing the caloric cost of maintaining our minds each day.
When humans switched from hunting and gathering to agriculture, our brains shrunk further. A hunter / gatherer has to know so much about every plant and animal living nearby; the work asks more of a person’s brain than farming. This evolutionary trend was exacerbated by the fact that people’s diets became way worse when they began to farm. Instead of getting nutrition from a wide variety of different plants and animals, a farmer might eat meals consisting mostly of a single type of grain.
There’s nothing we can do now about these evolutionary trends. Dogs and farming swayed our ancestors’ evolution toward smaller brains, but it’s not as though you can get those neurons back by deciding to take up hunting, or never living with a pet.
But, honestly, our brains are so plastic that our genetic heritage matters less than how we choose to spend our time. By nature, neither gorillas nor parrots will speak human language. But individuals from both these species have been able to learn to communicate with us after we taught them.
Nobody is born with an
innate understanding of mythology, religion, science, or mathematics. None of that can be encoded in your
genes. If you want to understand this
stuff, you’ll have to make an effort to learn it.
Neuron count only suggests
a brain’s potential. You could do
incredible things with a low number – consider, by ways of analogy, the feats
that 1960s NASA accomplished using computers much smaller than a contemporary
telephone. And, conversely, sensory
deprivation will make it much harder to get things done, no matter what your
That’s why I volunteer with Pages to Prisoners. Our brains are capable of wonders. At any age, we can learn and grow. And yet, we lock people into prisons that seem designed to make them worse.
descended from the oppressors. My
ancestors ventured from their homeland with colonial aspirations and genocidal
It wasn’t my fault. I wasn’t born yet! But, having inherited vast privilege, some measure of responsibility from the misdeeds of my people surely falls upon my shoulders.
A hundred thousand years ago, several species of humans shared our planet. My ancestors, who would give rise to contemporary Homo sapiens, mostly lived in Africa. They differed from other primates in that their brains were larger, their posture more upright, their epidermis darker in hue, their verbal communication more nuanced.
During a period of climate change, my ancestors left their home. The planet was warming; glaciers receded; Homo sapiens ventured north.
Europe was already populated by humans, people who had weathered the bitter cold through the waning ice age. But my ancestors were undeterred. They did not respect the old territorial boundaries. Soon they supplanted the native peoples. Every last one of the natives died. Their people disappeared from the face of the earth, extinct.
Every time my ancestors ventured to a new land, the old inhabitants were killed. Nearly all of our planet’s large animals are gone now; megafauna extinction is directly correlated with human migration.
If it’s any consolation, Homo sapiens were not the only perpetrators of these atrocities. Every other human species – including those whom my ancestors harried to extinction – wrought similar devastation on their environments.
In this case, no reparations are possible. The victims are dead; their families curtailed. My ancestors’ misdeeds against them ceased, but only because there was no one left to harm.
But I can atone through remembrance.
And so, as a descendant of the oppressors, I felt a special sympathy toward the Neanderthal. When I was in school, these humans were consistently described as brutish, uncouth, and unintelligent. But I recognized that sort of language. My people have almost always maligned supposed “others” – until we took the time to learn how smart they are, all non-human animals were imagined to be unthinking automata. Pale-skinned Europeans claimed that intelligence – or even humanity itself – was inversely correlated with epidermal melanin concentration (by which measure Pan troglodytes would be more human than any Englishman).
Forty years ago, medical doctors implied that men who felt a sexual attraction to men differed from their peers on a cellular level, as though the human immunodeficiency virus was sensitive to a psychological preference. Even now, many medical doctors believe that people with higher amounts of epidermal melanin experience pain differently.
My people’s negative assessment of the Neanderthal, I figured, was probably not true. Indeed, in recent years we’ve discovered that Neanderthals made art, that they probably had spoken languages … that they were like us. Enough so that many humans living today carry Neanderthal DNA sequences in their genomes.
Inspired by Paul Kingsnorth’s The Wake, a first-person perspective of the apocalypse wrought upon 11th century England, I began working on a story narrated by the last of the Neanderthal.
I was still working on this story during the 2016 presidential election. But with our 45th openly praising white supremacists, I felt suddenly less inspired to celebrate the Neanderthal. Many of the hate mongers were extolling the virtues of humans descended from northern Europeans, and, as it happens, these are the people who have the most abundant remnants of Neanderthal DNA in their genomes.
Genetics isn’t destiny. And there haven’t been any correlations between Neanderthal DNA and intelligence; indeed, most of the genetic sequences that have been proposed to modulate intelligence are probably false. Neanderthal DNA has been found to correlate only with an increased risk of depression and an increased susceptibility to allergies.
I began working on my Neanderthal story as an apology to the dispossessed, but I couldn’t bring myself to finish it in an environment where some individuals might tout their Neanderthal heritage as a mark of superiority. As though their blood conferred the right to mistreat people from other backgrounds, or the right to so thoroughly ravage our planet’s atmosphere that other people’s homes are scorched or submerged beneath the sea.
seems shocking to me. Quite recently,
the Neanderthal were thoroughly impugned.
As though we could declare their kind to be undeserving of existence and
thereby spare ourselves a reckoning for having killed them.
contemporary oppressors herald the Neanderthal as a source of greatness. Light-skinned warrior folk, beset by
dark-skinned immigrants from the south.
I’ve written about contemporary gerrymandering, the effort to tweak our voting rights such that certain people’s opinions matter more than others’.
A preferred strategy to suppress votes is to draw district lines that allow one political party to narrowly elect many representatives, while the other party elects a small number of representatives with overwhelming majorities. When this happens, votes in the landslide victories are “wasted” – those people’s preferred candidate only needed 51% of the vote, after all – which can allow a political minority to retain control.
For example, each congressional district in Michigan represents approximately 700,000 people. In the 14th, a serpentine district designed to suppress the influence of African-Americans by confining their votes to as few districts as possible, candidates can carry 80% of the vote. This congressional vote represents the interests of approximately 560,000 people (700,000 * 0.8).
In other Michigan districts, candidates typically win with 55% of the vote. In these districts, a congressional vote represents the interests of 385,000 people. Their opinions are treated as time-and-a-half more important.
(With the sad corollary being that, in a representative government, the opinions of people who ascribe to minority political philosophies within each district are basically irrelevant. My own congressional representative surely knows that I didn’t vote for him, that I won’t vote for him in the next election, and that there’s only a small chance that anything I say will sway the opinions of people who did vote for him. So he shouldn’t care about my beliefs at all.)
That’s why we have a constitutional republic instead of a democracy. In a democracy, the uneducated rabble could undermine the will of the self-styled luminaries who wrote the constitution.
Women couldn’t vote. Black people (“others,” who counted as 60% of a human being when doling representation) couldn’t vote. And although it’s anachronistic to use the term “gerrymandering,” the United States Senate was designed to bloat the voting rights of those intent on dastardly evil.
Almost everyone involved in writing the U.S. constitution believed that rape, murder, torture, and abduction should be permissible (as long as the victims matched certain criteria). But some of the signatories were more enthusiastic about these practices than others, and those individuals worried that the nation’s citizenry might eventually decide that rape, murder, torture and abduction shouldn’t be allowed.
So they invented the Senate, a legislative body in which the opinions of people from sparsely-populated southern states would matter more than the opinions of people from densely-populated northern states.
Voting in this country was never meant to be fair. Lo and behold, it still isn’t.
If you live next to a concentrated animal feeding operation – facilities that houses thousands of farmed animals in fetid conditions – there’s no point in buying perfume. The smell of animal excrement overwhelms any scent you could wear. If you’re interested in a romantic dalliance, you’ll have to woo people with your looks. Or, sure, conversation. But a charming scent won’t do it.
In other environs, scent contributes to your allure. We humans choose our mates based on a huge number of considerations, including the way people smell. Back in 1995, zoologist Claus Wedekind proposed that human females are most attracted to the scents of men whose immune genes differ from their own.
During college, a friend tried to convince me that the best route to romantic success was Old Spice aftershave. “It reminds women of their fathers,” he said. This is, of course, the opposite theory from Wedekind’s – that females would seek out partners whose scents mirror their own genetic lineage.
But this much is uncontested – by overwhelming our sense of smell, air pollution makes humans less sexy.
We’re not the only animals who use aroma to identify attractive mates. Stick insects can have a wide range of physical appearances, and multiple species sometimes live in overlapping areas. Each subpopulation of stick insects secretes a different mix of oily aromatic chemicals from their skin. These oils protect them from scrapes and dehydration – and help them find mates of their own kind.
If stick insects couldn’t smell, they might mate wantonly.
That’s what happens with fish.
When we pollute water, fish lose the ability to recognize each other. In the same way that humans near a CAFO won’t notice each other’s scents because they can only smell ammonia and sulfurous shit, fish living near human dumping grounds – whether it be farm run-off, factory effluents, or untreated sewage – find their sense of smell overwhelmed.
Many types of fish behave the way my Old-Spice-sporting friend hoped humans would – they seek mates who smell like their forebears. Which they can’t necessarily do in polluted waters. And so fish mate across species. Their chimeric children dissolve the old boundary lines.
Perhaps you thought this couldn’t happen – the traditional definition of a “species” is a population of organisms that can produce fertile offspring only by mating with each other. But the traditional definition is wrong; scientists don’t actually know what a species is. Whatever boundaries exist seem porous. The Neanderthal genes carried by modern Homo sapiens show that humans also mated with other species, at least until we drove our relatives into extinction. Chimpanzees are the closest we have left, sharing 98% of our DNA, but now they’re endangered too.
Although – maybe that’s fine. Not murdering our relations, or endangering the chimps; maybe it’s fine for multiple lineages to merge back into one. I hate to find any virtue in pollution, but dissolving species boundaries doesn’t sound so bad.
Contemporary biology textbooks claim that species boundaries arise whenever subpopulations cease interbreeding. For the “Advanced Placement” biology test, students are expected to know that speciation can be triggered by migration, or a geographic impediment like a new highway, or even cultural barriers.
A strong preference for certain types of scent might qualify as a cultural barrier. Or tropical birds that want their mates to look or dance a certain way. And so would anti-miscegenation laws in the United States. Except for the gene flow provided by pale-skinned rapists, those biology textbooks imply that epidermal melanin concentrations marked a species boundary until the 1960s in the United States.
In the contemporary U.S., parental wealth creates a similar mating barrier. In many parts of the country, children born to rich, well-educated parents rarely even chat with children born to poor people, let alone marry them. This phenomenon has persisted for only a generation or two, which is certainly too brief to create a species division, but shows no sign of abating.
Marrying somebody who shares your interests seems fine. My spouse and I seem to be fairly similar people. And yet – should I be alarmed that my own choice inches us closer toward the world of Metropolis?
Feature image: “Character study, strong smell” by Franz Xaver Messerschmidt.
I’ve been teaching poetry in the local jail for over a year. The guys are great students, and I love working with them… but there are differences between these classes and my previous teaching experiences. Not just the orange attire or the chance that somebody down the hall will be rhythmically kicking a cell door all hour.
When I was teaching wealthy pre-meds physics & organic chemistry at Northwestern & Stanford, none of my students died. Nobody’s boyfriend or girlfriend was murdered midway through the semester. Nobody was sitting in class with someone who had ruined his or her life by becoming a police informant. Sometimes people got teary eyed, but only over grades.
Whereas… well, when we were discussing Norman Dubie’s “Safe Passage” last December – a beautiful poem about riding in the snowplow with his grandfather the night before the old man died – we wound up talking about our families. A forty-year-old man wept: he had thought that this year, for the first time in years, he would get to spend Christmas with his kids … but, even after they let you out, they take away your license … and make you show for blow-and-go some fifteen miles away, every single day … and charge you for the classes, but those classes mean you have no way to schedule regular work hours … so they put you on warrant when you can’t paid … and then, if you make one tiny mistake …
Christmas was in two days. He’d spend another month inside.
The accumulated trauma that these guys shoulder from their past lives is heartbreaking. One of the best lesson plans my co-teacher and I have come up with uses several poems from Ai to prepare for writing our own persona poems. A former student – now released, & still sober after two months – says he still feels changed by the experience of writing in someone else’s voice. In that space he was made to feel so small, but taking a few minutes to ponder the world from another perspective let him escape. And it gave him a new view of the consequences of his own choices.
But a lot of Ai’s poetry is very difficult. She writes from the perspectives of murderers and rapists. We’ve discussed her poem “Child Beater” with several groups of men, and at least a third of the guys, every time, shared harrowing stories of their own.
On a good day, these men have long histories of suffering weighing them down.
And on a bad day? My co-teacher and I might show up with a stack of poems, start teaching class, and, mid-way through, learn that another of our students’ family members has just died. Over the course of a year, at least two had wives die of overdose, another’s partner was murdered … and, in that case, one of the killers was placed overnight in a cell adjacent to his own …
And, half an hour after my second class there ended, one of my students died.
The men do great work, both interpreting poems and writing their own, but, just think for a moment: what could they accomplish if they weren’t oppressed by so much misery? Compared to my experience teaching at wealthy universities, the emotional toll is excruciating. And I am just a tourist! After every class, I get to leave. A guard smiles and opens the door for me. I walk away.
This is their life.
And it’s my fault. All citizens of this country – all people who benefit from the long history of violence that has made this nation so wealthy – bear the blame. As beneficiaries, the suffering caused by mass incarceration is our responsibility.
So, the guy who died? He was just a kid. Nineteen years old. And he’d gone over a year without medication for his highly-treatable genetic condition. I’ve written previously about the unfair circumstances he had been born into: suffice it to say that his family was very poor. He’d been in jail awaiting trial since sixteen – he was being tried as an adult for “armed robbery” after an attempted burglary with a BB gun – and then, when he turned eighteen – please ignore the irony of this age constituting legal adulthood – the state said he had to pay for his own medication. With beta blockers, people with his genetic condition have a normal life expectancy. Beta blockers cost about $15 per month.
No, a dude whose family is so poor that he attempted robbery with a BB gun can not afford $15 per month. Sitting in jail, it’s not like he could help pay.
A few weeks after his death, I remarked to one of the other guys that he probably wouldn’t have been charged as an adult if he’d been a white kid. I told two anecdotes from the local high school: a student with psychiatric trouble amassed weapons in his locker and planned a date to do something violent. Another student participated in a food fight during the last week of school. The former was welcomed back; the latter was told that he’d be arrested if he returned to school grounds. And he hadn’t taken all his finals yet! If all his teachers had known about this disciplinary ruling in time, he wouldn’t have received a degree.
The first student was white; the latter black.
There’s no universal standard. Maybe there can’t be – we are all “beautiful unique snowflakes,” and so every case will be slightly different. But unfairness blooms when so much is left up to individual discretion. Black students are punished excessively throughout our country. Black children as young as 4 or 5 are considered disproportionately threatening and are treated unfairly.
Prosecutors in the criminal justice system have even more power. There’s no oversight and often no documentation for their decisions. Charges can be upgraded or downgraded on a whim. A white kid might’ve been sent to reform school for his “youthful indiscretions”; this dude sat in jail from age 16 until his death.
“Yeah, but _____ always said, ‘I’m not black. I’m mid-skinned.”
(You can also listen to a podcast about his unfair treatmeant and premature death here.)
This spring, I said to one of the guys whose trial date was coming up, “I feel like, if I’d done the exact same thing as you…” I shook my head. There was no reason to go on. “But black guys get the hammer.”
He disagreed. Not with the idea that black people are punished disproportionately in this country, just that it would be his burden, too.
“Well, but I’m not black,” he said. “My family is from all over the place … I’m Native American, and Caribbean, and …” He listed a long pedigree. Indeed, his ancestors had come from around the globe: Europe, India, Africa, the Americas …
“My apologies,” I said. “And, I guess … so, my wife teaches at the high school in town, and one of her kids, his family is Polynesian … but at school everybody assumes he’s black. So he mostly identifies with Black culture here.”
“I get that,” the guy said to me, nodding. He’s a really kind and thoughtful dude. “Cause, yeah, some of it is just who other people think you are.”
His words stuck with me: who other people think you are.
We were sure he could walk. Probation, rehab, that kind of thing. We’d seen other people with equivalent bookings go free.
We were wrong. Dramatically so: he was sentenced to seven years. His family was devastated. You don’t even want to know the extent.
Soon after, I was looking up his prison address to send him a letter and a few books of poetry. On the page of “Offender Data” provided by the Indiana Department of Correction, it read,
MARK SCHLERETH: Everybody’s done it — it’s depending — depending upon how much cheating you think it is. And again, I think to me it’s setting your cruise control in a 65 mile an hour zone at 72 and think “I’m not gonna get a ticket for that because nobody’s gonna give me a ticket for going, you know, 6 or 7 miles an hour over the speed limit.”
STEPHEN A. SMITH: Well, to touch on your last point, Mark Schlereth, as just a fun way of getting into it, most brothers that are behind the wheel, we anticipate we may get pulled over if we go seven miles over the speed limit. Let me just throw that out there as an aside.
— ESPN First Take Podcast, May 21st, 2015
When I was nineteen and visiting a high school buddy at his college, a cop tailed me for two miles, flashed his lights after I parked, then sauntered up and complimented me on my impeccable driving. I’d ferried a carload of friends down from Northwestern for the weekend, and by way of a “thanks for letting us crash on your couches” offering for my (twenty-one-year-old) buddy, we’d stopped at a liquor store to pick up a case of beer and a bottle of rum just after hitting town.
Unbeknownst to me, a recently-passed law made it illegal for minors to operate any motor vehicle being used to transport alcohol, even in the trunk1. Since I’d driven, then sat chatting in the car with a friend while our twenty-one-year-old companions ducked into the liquor store, the cop who spent his evenings idling on a ridge overlooking the parking lot (fighting crime one entrapment site at a time!) pegged me for an easy mark.
It’s true. I’m a privileged dude. I grew up in a wealthy suburb outside Indianapolis. At nineteen, I was having my first interaction with the police. I answered the cop’s questions because I naively thought that’s what you do, with the denouement being confiscation of our alcohol and citations — six hundred dollars all around — doled out to me, the underage driver, and my of-age friends, accomplices to the crime.
Perhaps it’s worth mentioning that my friend riding shotty had a baggie with a quarter ounce of pot in his coat pocket. To my suddenly paranoid mind the whole car seemed to reek from the furtive smoking he’d done during our drive, but I was a wealthy-looking white kid — the cop yoinked our sack of booze from the trunk without asking to search the car.
I’m less oblivious now. My high school was pure Wonder Bread, roughly what you’d expect in a suburb full of Republican doctors and lawyers served by an illegally-bigoted real-estate association2. Big houses and pale bland robot kids. I had black friends in college, but my mild touch of Asperger’s meant I never noticed their treatment by the outside world. Hell, we were college kids. We mostly walked around campus or hung around the student housing co-op, smoking pot and playing chess. We rarely even saw the outside world together.
During graduate school my big-C Consciousness score bumped from dead zero to something I hope is at least passable. My brown-skinned colleagues were routinely belittled by their advisors, and there weren’t many of them, and all the janitors were black and Latino, and the verbal abuse showered upon them was worse. Very frustrating to see. Although it’s shameful that it took me so long to notice.
White-looking white dudes in this country are free to be placidly oblivious. Maybe a bit less easily now — shortly after I finished my Ph.D. the national media started giving some coverage to the most egregious police abuses, like murdering people in the street3 — but, given all the “War on Police” coverage rolling on Fox News4, it can’t be that hard to remain ignorant.
As far as my own blindness goes, I’m trying to atone. I’ve done a lot of reading lately; I went through twenty-three years of education without picking up a single book by Hurston, Baldwin, Ellison, or Morrison. I’d blame my teachers but, at some point, didn’t it become my own damn fault?
Still, better late than never. I teach now, twice a week at the local jail. I volunteer with Pages to Prisoners, an advocacy organization that sends free packages of books. I run a correspondence writing program for inmates across Indiana, hoping that I can help some of our nation’s most stigmatized citizens find an audience for their stories.
And I drive really, really slowly. Like 27 in 30 m.p.h. zones. Like consistently below the speed limit, even downhill. Because heartbreaking work from contemporary thinkers like Michelle Alexander got me thinking about the Fourth Amendment.
When it comes to harping about the Bill of Rights, Democrats yelp most about the First Amendment, Republicans about the Second … although Republicans will invoke the First, too, when it comes to their right to emblazon courthouses with religious iconography, or to deny pizza to homosexual weddings (only tasteless straight people would even consider serving greasebomb pizza at a wedding, but still), or to banish mandatory medical information from their “pregnancy crisis centers.” The First and Second Amendments bogart all the big press.
But it’s the Fourth Amendment that actually needs our help. Protection from unreasonable search and seizure. As you may have noticed, I have at times had non-zero quantities of marijuana on or around my person. My youthful indiscretions were less egregious than those of any sitting president of the last sixteen years, but they were certainly prosecutable offenses. And yet. I got to finish college, earn my Ph.D., marry, raise my children. No police officer thought to poke his nose into my pockets, cluck what have we here, and charge me for the eighth that I was holding. But just last month I sent a care package to a dude my age, my height, my weight, who has been in prison since he turned 19, six years of that in solitary, all stemming from a conviction of “possession with intent to sell” a very ordinary quantity of marijuana.
Dude has no beautiful wife. No beautiful life. I sent him, among other things, some erotic stories to read5. In his letter he apologized for even asking for them, but explained that after six years in solitary he felt so achingly lonely.
All of which he earned by being black. Caught with less pot than I’ve at times had in my own vehicle.
But he was searched. I was not.
In a world with real Fourth Amendment protections, he would’ve been safe. His life could’ve been like mine. He’s my age, my height, my weight! Except for more melanin and shorter dreads, his picture even looks like mine.
The heart of the problem is that you can’t do much in this country without a car. And the illustrious members of the Supreme Court have issued a series of rulings that cumulatively result in our Fourth Amendment rights evaporating almost as soon as we step into a car6. These are lucidly described in David Harris’s George Washington Law Review essay, “Car Wars: The Fourth Amendment’s Death on the Highway.” Unless you’re prone to high blood pressure or apoplectic rage, you should give it a read.
The Supreme Court reasoned that the Fourth Amendment was designed to protect innocents. As soon as you break a law, you give up your rights. Doesn’t matter that incorrect use of a turn signal is totally unrelated to the likelihood you’re dealing drugs — once you slip up, any cop who wants can nab you. Question and answer time! Trawl for outstanding warrants time7! Stroll around your vehicle with the drug-sniffing dog time!
The tangle of laws on our roadways is brutal, too. At times it might seem impossible to know and follow them all. Worse, it is often literally impossible to follow them all.
That’s why white people should drive more slowly.
Almost every road has a posted maximum speed. In most states, if you drive one mile per hour above that limit, you’re breaking the law. Fourth Amendment rights? Gone!
I’ve got itchy feet. I listen to music in the car. I plan out stories in my head. What can I say? Sometimes my mind isn’t totally focused on the driving. So it’s pretty common for my speed to fluctuate a few miles per hour here and there. To stay consistently under the limit, I have to aim for something like eighty or ninety percent of the maximum speed. 27 m.p.h. in a 30, say. 49 in a 55. Then my slight moments of inattention won’t bump me over.
But most states’ vehicle codes also contain a clause stipulating that you are in violation of the law whenever you drive at a speed “that impedes or blocks the normal and reasonable movement of traffic.” 8 The normal movement of traffic in most places I’ve lived is about ten miles per hour above the posted limit, which means that any driver below the limit will be in technical violation of the “impeding traffic” clause9. Which means, again: Fourth Amendment rights? Gone! The courts have ruled that technical violation is all it takes. And, yes, I’ve been stopped for driving “suspiciously slowly.”
The driving habits of the majority ensure that there is no speed at which minority drivers will be safe from harassment.
You might wonder, am I ranting about all this just to protect criminals? After all, if a dude doesn’t have marijuana in his car, or coke, or pills in somebody else’s name, then he’s got nothing to fear. Right?
Let’s set aside the sheer degradation of being searched, being presumed to be and treated like a criminal, and simply point out that this supposition is incorrect. The innocent are not safe. From Douglas Husak’s Overcriminalization I learned that some states prohibit “the possession of paraphernalia — items used for a variety of purposes, such as storing or containing drugs. Defendants may be convicted without knowing that the items that qualify as paraphernalia are typically used to commit drug offenses.”
This is by no means a toothless prohibition. Did you know that some people use soda straws to store or transport heroin? I didn’t. Not until I read about Tyrone Tomlin, who was arrested in 2014 in New York City — and beaten severely, causing irreparable brain damage, during his 21 days at Rikers — for possession of a soda straw. The soda in his other hand was insufficiently mitigating evidence to keep him safe and free.
Have you ever driven with a soda straw in your car?
Or, how about money?
Seems ridiculous that it would be illegal to have U.S. legal tender in your vehicle. But, for some people, it is. Why? Because money is sometimes used in drug transactions. Which means that if a police officer stops someone — perfectly legal whenever any stipulation of the vehicle code has been violated, which, given that every speed technically violates either the posted maximum or the “impeding traffic” clause on most roads, means roughly whenever the officer wants — and searches the car, and finds money, that money can be confiscated. Especially if the driver looks like someone who might’ve intended to use that money to buy drugs. Or if the driver looks like someone who might’ve earned that money by selling drugs. Basically, if the driver looks black.
Police officers have seen MTV. They’ve seen videos with young black men flashing bills and braggin’ ‘bout the bricks they moved to get ‘em. Doesn’t matter that these videos are fiction, that many were produced and disseminated by white people, that studies have shown that the vast majority of both drug users and drug dealers in this country are white10. Facts are trifling things compared to how people feel.
Without Fourth Amendment protections to contend with, police officers have enormous latitude to make their prejudices come true. If the police think a certain type of person looks like a criminal, they can focus their attentions on similar-looking people, which will lead, lo and behold, to the capture of many criminals who fit that description.
To me, this sounds unfair. But because the unfairness is visible only through aggregate statistics, the risk that any particular driver will be stopped, searched, and incarcerated unfairly is considered to be merely “conjectural” or “hypothetical.” No young black male can know in advance that he will be the unlucky driver discriminated against today. So the Supreme Court has ruled that individual citizens do not have standing to introduce these statistics into any court case, even though anyone glancing at the data can see that they’re unfair11.
I’ll admit, the stakes here may seem small. When you next find yourself behind the wheel, you might feel an urge to goose the engine, nudge over the legal limit, get where you’re going a little sooner. After all, as long as you personally are not a police officer unfairly targeting minority drivers, are you causing any harm?
Yes. I would argue that you are. By contributing to the “normal” flow of traffic above the designated limit, you preclude the existence of any legal speed. This is a harm we cause collectively. But there is more: by arriving at your destination early, you profit from injustice. Those who profit from injustice are tainted by it. As a white person grappling with these issues, I find these words from Jim Wallis’s America’s Original Sin particularly instructive:
White people in the United States have benefited from the structures of racism, whether or not they have ever committed a racist act, uttered a racist word, or had a racist thought (as unlikely as that is). Just as surely as blacks suffer in a white society because they are black, whites benefit because they are white. And if whites have profited from a racist system, we must try to change it. To go along with racist institutions and structures such as the racialized criminal justice system, to obliviously accept the economic order as it is, and to just quietly go about our personal business within institutional racism is to participate in white racism.
Acting alone, neither you nor I can cure the ailments of our society. But each and every one of us, individually, can forgo those perquisites allotted to us unfairly. If you, like me, look white, you could choose to violate the speed limit. You would probably face no penalty. But others, through no fault of their own, do not have that choice. They pay for your privilege.
In a world where others are required to drive slowly, shouldn’t I?
1. Indiana Code 7.1-5-7-7 stipulates, among other things, that “It is a Class C misdemeanor for a minor to knowingly transport [an alcoholic beverage] on a public highway when not accompanied by at least one (1) of his parents or guardians.” In case you were wondering about the retrograde pronoun usage, an earlier passage of the legal code stipulates that “the masculine gender includes the feminine and [sic] where appropriate, the single number includes the plural.” Equivalent laws are on the books in several other states, such as Massachusetts, but for the life of me I can’t imagine that any of these laws has made the world a safer place.
2. Harsh words, but true. It’s rumored that a company in the area once issued permits for black employees to display on the outsides of their cars because the police, knowing that black people couldn’t possibly live there, would otherwise pull them over for a little casual harassment. As recently as 1996, a black state trooper was stopped a block from his own home because a cop thought it inconceivable that he belonged anywhere nearby. The Indianapolis chapter of the NAACP brought a class action suit — this was by no means an isolated incident — that was settled in 1999, at which point the local police department claimed they would no longer systematically target older cars and black- or brown-skinned drivers.
3. You could argue that Eric Garner’s death in the arms of Daniel Pantaleo was somehow accidental. But Walter Scott was clearly murdered. And these are only the men whose deaths, like horrifying low-res snuff films, were captured entirely on camera. Of the thousands of black men killed by police in the past few years, some hundred of them unarmed, it’s hard to believe — grand jury judgments aside — that no other instances constitute murder. I’d list names — they deserve remembrance — but do you realize how long that list would be?
4. Yes, the shootings in Dallas were frightening. And two officers were senselessly murdered in New York City. But the “War on Police” coverage began long before Dallas and has been incommensurate with the actual harms suffered by our men in blue. I’m not sure violence wreaked by one or two unhinged individuals constitutes a war. After the tragedy at Sandy Hook, nobody claimed there was a “War on Elementary School Children.”
5. Every prison has a unique set of regulations as to what type of books they’ll allow inmates to receive. Some prisons set a limit on quantity, others specify “no hardcovers,” or “no spiral bindings,” or, and this is trickiest for a volunteer-run organization struggling to send out free books, “no used.” This dude was at one of the “no used books, no hardcovers” facilities. Let me tell you, not many people have donated pristine paperback copies of My Secret Garden lately. I wound up sifting literotica.com for tasteful stories (I have no problem with Saxon-derived language, but no way am I sending anything with violence or the word “slutty” in it), then spending half an hour in front of our one-page-at-a-time-or-it-jams, single-sided-only printer to put together a forty-page pamphlet for him. Hopefully the guards let it through.
6. I’d like to blame this development on the usual suspects, the quintet of crusty hate machines appointed by the political right, but I can’t. Whren v. United States, for instance, was decided unanimously. This case hurts most, setting a precedent that the police may stop any driver who violates any stipulation of the vehicle code, even if that violation alone, independent of an officer’s preexisting desire to stop a particular driver, would never be considered sufficient cause to pull someone over. Because most states’ vehicle codes span many hundreds of pages, everyone commits a technical violation sooner or later. After I finished my Ph.D. and was driving a U-Haul full of books and furniture from California to Indiana, I was tailed for several miles by a Utah state trooper who eventually dinged me for failing to signal for the requisite two seconds before passing a truck. I’d signaled for only a second and a half. Of course, after he stopped me he saw past the dreadlocks, army green cap, and sunglasses to my pallid skin and nice-as-pie wife and declined to even glance in the back. So it goes.
7. Even in Justice Sotomayor’s scathing dissent to Utah v. Strieff, in which the majority seems to have been bamboozled by recent quantum mechanical evidence from dual slit experiments about time-traveling information, ruling that the future discovery of a warrant makes illegal behavior by a police officer retroactively become legal, Sotomayor acknowledges that we have a long history of permitting suspicion-less warrant trawling of anybody driving a car. “Surely we would not allow officers to warrant-check random joggers, dog walkers, and lemonade vendors just to ensure they pose no threat to anyone else,” she writes, although she knows already that she is wrong — the majority would allow this. But Sotomayor has no beef with the haranguing of drivers: “We allow such checks during legal traffic stops because the legitimacy of a person’s driver’s license has a ‘close connection to road-way safety.’ ” Make no mistake: although she writes “legal traffic stops,” the modifier is redundant. Given the state of our roadways, all traffic stops are de facto legal.
8. This is true whenever you drive so slowly that “three (3) or more other vehicles are blocked.” In the small college town where I live this takes no more than a quarter mile driving dead on the speed limit. At two or three miles per hour below, that many cars can pile up within seconds of turning from my street onto the main road.
9. Not to mention the serious risks you incur by driving at or below the speed limit on a three- or four-lane highway; outside of rush hours, traffic flows at fifteen or more above on every city-circling interstate I’ve driven.
10. This claim is obviously subject to numerous assumptions. It’s difficult to accurately assess the frequency of illegal activities: I’ve lied on surveys before, and I can’t be the only one. Even though every survey indicates equivalent rates of drug use across ethnicities, disparities could exist. But it seems unlikely. Among people I’ve known, use of all drugs seems to be roughly correlated; I haven’t met people who never smoke, never drink, but are willing to drop acid or snort a line of coke. And the abuse rates for legal drugs, for which I imagine the data are more trustworthy, suggest that white people are slightly more interested in escaping reality than other ethnicities. As far as the racial distribution of drug dealers goes, the data are even more fraught. Total numbers are lower, which by itself means less trustworthy statistics, and it must seem even riskier to admit on a survey that you’ve been selling. So this conclusion is based instead on data that suggest people buy drugs from dealers who look like them. Again, there are caveats — even if everyone uses drugs at the same rate, and everyone buys drugs from dealers who share their ethnicity, it may be that some populations of dealers serve far more customers than others, which would mean fewer individual dealers.
If this were the case, though, we might expect incarceration rates to even out in the end. A naive expectation would be that high-volume dealers would receive longer sentences. That’s not what’s happened, though. Instead, black people are incarcerated at a much higher rate for nonviolent drug crimes, and they receive consistently longer sentences than white people for seemingly-identical infractions. Despite the fact that the Midwest Pages to Prisoners Project serves a set of fourteen states where the population is only between five and ten percent black, about a third of the inmates we help are black (setting aside what it even means to be black in this country, a question far too tangled to be dealt with in a footnote).
11. This case, City of Los Angeles v. Lyons, really was decided by a quintet of hate machines. A black driver was stopped for a minor traffic violation, dragged from his car, and choked until he passed out. In an ensuing court case, the driver sought to change Los Angeles police department policy such that future drivers would not be choked. His lawyer documented that most drivers choked this way were black. The Supreme Court threw out that evidence and dismissed the case. Justice Marshall wrote a dissent that clearly describes the harm caused by willful blindness to this type of statistical evidence: “Since no one can show that he will be choked in the future, no one — not even a person who, like Lyons, has almost been choked to death — has standing to challenge the continuation of the policy.”