Free Mumia Abu-Jamal!
This is the cry heard around the world
Make it reverberate in San Francisco on December 15th, and Oakland on December 16!
December 15, 2022, 5:00 P.M.
Federal Building, San Francisco
Meet for the protest at 7th and Mission
Civic Center BART, exit 7th St.
December 16th, 12:30 P.M.
Oscar Grant Plaza, Oakland
12th and Broadway…12th St. BART
Mumia Is innocent!
But this innocent, framed-up man has been held for over four decades in prison. Mumia is an internationally known political prisoner. As a former Black Panther and MOVE supporter, Mumia was framed for a crime he did not commit because he criticized the racist criminal justice system as a radio journalist. The evidence that should free him has now come to light, after being kept in the dark by the Philadelphia District Attorney’s office.
Now, he will hear a judgement on his case for freedom in the Philadelphia PA Court of Common Pleas on the 16th of December.
Initiated by The Labor Action Committee to Free Mumia Abu-Jamal.
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Railroad Workers United Launches Major Fundraising Campaign
Railroad Workers United (RWU) has received a remarkable outpouring of support and solidarity as our struggle for a fair contract has caught national attention, and the daily realities of our working conditions have reached the hearts and minds of our communities. Railroaders, friends, and allies are joining our membership organization, subscribing to our newsletter service, and asking how they can help.
Despite actions by Congress and the Biden Administration, we intend to continue to organize for our dignity and job quality, and fight exploitation by Class I rail carrier billionaires.
We are a group of fighting railroaders, and we fight for all workers.
Amid this season of giving, RWU humbly asks you to help propel our campaigns and capacity building forward. Your donation will support:
· Expanding our campaign for public ownership of the railroads
· Fighting to consolidate the railroad craft unions to achieve one strong and unified voice at the next round of bargaining — organizing for which begins today!
· Funding research, development, and labor education
· Building our staff and administrative capacity to meet the needs of a growing membership, and to support member organizing
By giving to Railroad Workers United, you become a steward of fairness and decency on the railroads, which are so crucial to the supply chain. Join our struggle and please donate today. Thank you!
Donate Here - Help Build the Movement!
https://www.gofundme.com/f/railroad-workers-united-support-our-struggle
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In order to bring Mutulu home to his family in California safely and comfortably, we must raise funds to cover several urgent costs. These costs include Mutulu’s ground transportation from the prison to the airport, medical air transport from Kentucky to Los Angeles to be reunited with his family, adding a wheelchair accessible ramp and other modifications to his home, healthcare to address existing and emerging urgent medical needs, and other costs associated with him returning home.
To make tax-deductible contributions to his release fund, please donate through:
Community Aid and Development Corporation
EIN# 95-3402456
https://www.cadnational.org*
*The donation button is on the upper-right side of the page.
THANK YOU SO MUCH for your help in bringing Mutulu home!
And please circulate this good news and request to your friends and networks.
in solidarity,
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Freedom for Mumia Abu-Jamal Update
The struggle continues!
At 12:45pm October 26, 2022, a proposed order denying Mumia Abu-Jamal’s constitutional claims of jury bias and suppressed evidence was issued by Common Pleas court Judge Lucretia Clemons.
Abu-Jamal’s defense petition included newly discovered evidence that had been buried in the prosecutor’s own files. This evidence documented key witnesses receiving promises of money for their testimony and evidence of favorable treatment in pending criminal cases. The petition also documented the abhorrent and unconstitutional practice of striking Black jurors during Mumia’s original trial.
Racism remains the ELEPHANT in the room.
“I am going to help them fry the n---word”--Original trial court Judge Albert Sabo said this in front of court clerk Terri Maurer Carter and fellow Common Pleas Court judge Richard Kline during the first week of Mumia’s 1982 trial.
Philadelphia ADA Jack McMahon made the policy clear in a 1986 training tape stating that getting “a competent, fair and impartial jury. Well, that's ridiculous,'…“You don't want smart people. But if you're sitting down and you're going to take Blacks, you want older Blacks." https://www.youtube.com/watch?v=Ag2I-L3mqsQ
If you put thick blinders on that block out all reality and rely on procedural minutia for cover, honestly, it is still impossible to avoid the scorchingly blatant racism of trial judge Albert Sabo, Assistant District Attorney Joseph McGill, Mayor and former police chief Frank Rizzo, District Attorney during Mumia’s trial Ed Rendell, and Ron Castille DA on appeal.
Yesterday, Judge Lucretia Clemons in her oral statements from the bench continued a common practice of adopting wholesale the Philadelphia District Attorney’s positions. These positions only seek to preserve convictions at all costs. These arguments prevent the defense from putting on the record evidence of discrimination. PCRA procedural rules such as time bar, due diligence, waiver, previously litigated, all avoid a judicial review of the merits.
The racism is so transparent and indefensible so the DA is using court created law to dismiss cases before hearing new suppressed evidence. This is a blatantly dishonest practice routinely used by the prosecution and the courts when everyone knows, and I mean everyone knows, that racism was a hallmark of the original trial.
Striking Blacks from the Jury
Judge Clemons stated that she was dismissing the claim of striking Black jurors on procedural grounds, without addressing the merits of the claim. She suggested that former counsel for the defense had not sought prosecutor McGill’s previously buried notes (notes that highlight his impermissible race based tracking and discrimination). Clemons adopts the prosecution position that the defense had the opportunity to receive these notes by merely asking the prosecution or cross examining ADA McGill in prior court proceedings. This is a key and deliberate misreading of the record. At no time were these crucial notes and the motivations that guided ADA McGill ever available to the defense. McGill struck Black jurors at a 71% rate, significantly higher than the strike rate for white jurors. His reasons for seating some white jurors and not seating nonwhite jurors were not on the record, they were in his notes.
One only has to look at the McMann training tapes that were made by the Philadelphia DA’s office which instructed district attorney’s how to strike black jurors. These were made after Mumia’s trial but they document the practice which was the norm in the office. This is the context for this ruling which misstates the record and ignores the reality in these Philadelphia courtrooms. Judge Lucretia Clemons and her law clerks complained on the record about how long it took them to find Pennsylvania cites to bolster their opinion. Why is Judge Clemons working so hard to avoid the elephant in the room?
Suborning Perjury: Paying Witnesses
Additionally, at issue is the note from supposed “eye witness” Robert Chobert that asked ADA McGill after the trial “where is the money that is owe to me?” This note was scrubbed from any filings and buried by the prosecution for 40 years. This dramatic “Brady evidence” previously unavailable to the defense, was dismissed by the Judge in her written opinion as not “being material.” Meaning it would not have affected the jury’s verdict. Underlying this is the wholesale adoption of the credibility determinations of the original trial court judge Albert “I am going to help them fry the n---word” Sabo. It allows his racist tainted rulings to stand.
She also dismissed records from ADA McGill that extensively track and monitor another key witness Cynthia White, who’s pending criminal cases were ALL were dropped by the prosecution following her testimony.
How can the court ignore the context. Note this information which follows had been previously prevented from being added to the record by Albert Sabo and other judges on appeal:
Photos from the Philadelphia Bulletin that prove Robert “I was on probation, did not have a license to drive a cab, and threw a Molotov cocktail into a school for pay” Chobert was not parked at the scene of the shooting. Chobert could not have witnessed the shooting. He was NOT parked directly behind the officer’s car as he claimed to be. The answer is: because the PCRA (Post Conviction Relief Act) allows the dismissal of this critical evidence through by time bar.
Finally, Judge Lucretia Clemons admonished the defense to limit their briefs challenging her proposed ruling to cite Pennsylvania law. It is commonly understood here, rather than being the birthplace of liberty, Pennsylvania is the place where the US Supreme Courts constitutional standards for criminal defendants are the very last place to be honored.
This case proves that racism reigns unabated in the American justice system, Mumia Abu-Jamal is the canary in the coal mine.
Judge Clemons’ 31pg proposed opinion will be available today, 10-27-22. The Defense has 20 days to reply, and prosecution given 10 additional days to respond before the court’s order dismissing Mumia’s request for a new trial becomes final and appealable.
Mumia Abu-Jamal has spent 42 years in prison for the death of Philadelphia Police officer Daniel Faulkner on Dec. 9th 1981. He has maintained his innocence and has sought his freedom by appealing to the very courts that now seek to preserve his unjust and unconstitutional conviction. At age 67 he has spent 42 years in prison.
Mumia Abu-Jamal is a broadcast journalist and internationally recognized author. Mr. Abu-Jamal is serving a life sentence at SCI Mahanoy in Pennsylvania. He is the author of 13 books, holds a Master’s degree in Comparative Literature and is currently working on the requirements to complete a PhD in the History of Consciousness Department at University of California Santa Cruz.
Noelle Hanrahan, Esq. nhanrahanlaw@gmail.com 415-793-7958 www. Prisonradio.org
Every act matters. Stand up. Join us as we launch Love Not Phear.
Cuando luchamos ganamos, When We Fight, We Win
Noelle Hanrahan
Prison Radio Co-Director
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Urgent support needed for cancer-stricken, imprisoned writer/artist, Kevin “Rashid” Johnson’s Legal Fund!
Fundraiser for an attorney to represent Rashid’s struggle for medical careA campaign is underway to hire an attorney to represent Kevin Rashid Johnson’s struggle for medical care. The prison has denied this care to him, despite a cancer diagnosis discovered over one year ago for which no treatment has yet been provided.
Here is the donation link for Rashid’s legal fund: Please be as generous as you can.
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Sign the petition:
https://dontextraditeassange.com/petition/
If extradited to the United States, Julian Assange, father of two young British children, would face a sentence of 175 years in prison merely for receiving and publishing truthful information that revealed US war crimes.
UK District Judge Vanessa Baraitser has ruled that "it would be oppressive to extradite him to the United States of America".
Amnesty International states, “Were Julian Assange to be extradited or subjected to any other transfer to the USA, Britain would be in breach of its obligations under international law.”
Human Rights Watch says, “The only thing standing between an Assange prosecution and a major threat to global media freedom is Britain. It is urgent that it defend the principles at risk.”
The NUJ has stated that the “US charges against Assange pose a huge threat, one that could criminalise the critical work of investigative journalists & their ability to protect their sources”.
Julian will not survive extradition to the United States.
The UK is required under its international obligations to stop the extradition. Article 4 of the US-UK extradition treaty says: "Extradition shall not be granted if the offense for which extradition is requested is a political offense."
The decision to either Free Assange or send him to his death is now squarely in the political domain. The UK must not send Julian to the country that conspired to murder him in London.
The United Kingdom can stop the extradition at any time. It must comply with Article 4 of the US-UK Extradition Treaty and Free Julian Assange.
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Dear friends,
Recently I’ve started working with the Coalition to Free Ruchell Magee. On March 17, Ruchell turned 83. He’s been imprisoned for 59 years, and now walks with a walker. He is no threat to society if released. Ruchell was in the Marin County Courthouse on August 7, 1970, the morning Jonathan Jackson took it over in an effort to free his older brother, the internationally known revolutionary prison writer, George Jackson. Ruchell joined Jonathan and was the only survivor of the shooting that ensued. He has been locked up ever since and denied parole 13 times. On March 19, the Coalition to Free Ruchell Magee held a webinar for Ruchell for his 83rd birthday, which was a terrific event full of information and plans for building the campaign to Free Ruchell. (For information about his case, please visit: www.freeruchellmagee.org.)
Below are two ways to stream this historic webinar, plus
• a petition you can sign
• a portal to send a letter to Governor Newsom
• a Donate button to support his campaign
• a link to our campaign website.
Please take a moment and help.
Note: We will soon have t-shirts to sell to raise money for legal expenses.
Here is the YouTube link to view the March 19 Webinar:
https://youtu.be/4u5XJzhv9Hc
Here is the Facebook link:
https://fb.watch/bTMr6PTuHS/
Sign the petition to Free Ruchell:
https://actionnetwork.org/petitions/governor-newsom-free-82-year-old-prisoner-ruchell-magee-unjustly-incarcerated-for-58-years
Write to Governor Newsom’s office:
https://actionnetwork.org/letters/free-82-year-old-prisoner-ruchell-magee-unjustly-incarcerated-for-58-years?source=direct_link
Donate:
https://www.paypal.com/donate/?hosted_button_id=GVZG9CZ375PVG
Ruchell’s Website:
www.freeruchellmagee.org
Thanks,
Charlie Hinton
ch.lifewish@gmail.com
No one ever hurt their eyes by looking on the bright side
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Tell Congress to Help #FreeDanielHale
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Laws are created to be followed
by the poor.
Laws are made by the rich
to bring some order to exploitation.
The poor are the only law abiders in history.
When the poor make laws
the rich will be no more.
—Roque Dalton Presente!
(May 14, 1935 – Assassinated May 10, 1975)[1]
[1] Roque Dalton was a Salvadoran poet, essayist, journalist, political activist, and intellectual. He is considered one of Latin America's most compelling poets.
Poems:
http://cordite.org.au/translations/el-salvador-tragic/
About:
https://en.wikipedia.org/wiki/Roque_Dalton
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“In His Defense” The People vs. Kevin Cooper
A film by Kenneth A. Carlson
Teaser is now streaming at:
https://www.carlsonfilms.com
Posted by: Death Penalty Focus Blog, January 10, 2022
https://deathpenalty.org/teaser-for-a-kevin-cooper-documentary-is-now-streaming/?eType=EmailBlastContent&eId=1c7299ab-018c-4780-9e9d-54cab2541fa0
“In his Defense,” a documentary on the Kevin Cooper case, is in the works right now, and California filmmaker Kenneth Carlson has released a teaser for it on CarlsonFilms.com
Just over seven months ago, California Gov. Gavin Newsom ordered an independent investigation of Cooper’s death penalty case. At the time, he explained that, “In cases where the government seeks to impose the ultimate punishment of death, I need to be satisfied that all relevant evidence is carefully and fairly examined.”
That investigation is ongoing, with no word from any of the parties involved on its progress.
Cooper has been on death row since 1985 for the murder of four people in San Bernardino County in June 1983. Prosecutors said Cooper, who had escaped from a minimum-security prison and had been hiding out near the scene of the murder, killed Douglas and Peggy Ryen, their 10-year-old daughter, Jessica, and 10-year-old Chris Hughes, a friend who was spending the night at the Ryen’s. The lone survivor of the attack, eight-year-old Josh Ryen, was severely injured but survived.
For over 36 years, Cooper has insisted he is innocent, and there are serious questions about evidence that was missing, tampered with, destroyed, possibly planted, or hidden from the defense. There were multiple murder weapons, raising questions about how one man could use all of them, killing four people and seriously wounding one, in the amount of time the coroner estimated the murders took place.
The teaser alone gives a good overview of the case, and helps explain why so many believe Cooper was wrongfully convicted.
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Sign our petition urging President Biden to grant clemency to Leonard Peltier.
https://www.freeleonardpeltier.com/petition
Email: contact@whoisleonardpeltier.info
Address: 116 W. Osborne Ave. Tampa, Florida 33603
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How long will he still be with us? How long will the genocide continue?
By Michael Moore
American Indian Movement leader, Leonard Peltier, at 77 years of age, came down with Covid-19 this weekend. Upon hearing this, I broke down and cried. An innocent man, locked up behind bars for 44 years, Peltier is now America’s longest-held political prisoner. He suffers in prison tonight even though James Reynolds, one of the key federal prosecutors who sent Peltier off to life in prison in 1977, has written to President Biden and confessed to his role in the lies, deceit, racism and fake evidence that together resulted in locking up our country’s most well-known Native American civil rights leader. Just as South Africa imprisoned for more than 27 years its leading voice for freedom, Nelson Mandela, so too have we done the same to a leading voice and freedom fighter for the indigenous people of America. That’s not just me saying this. That’s Amnesty International saying it. They placed him on their political prisoner list years ago and continue to demand his release.
And it’s not just Amnesty leading the way. It’s the Pope who has demanded Leonard Peltier’s release. It’s the Dalai Lama, Jesse Jackson, and the President Pro-Tempore of the US Senate, Sen. Patrick Leahy. Before their deaths, Nelson Mandela, Mother Theresa and Bishop Desmond Tutu pleaded with the United States to free Leonard Peltier. A worldwide movement of millions have seen their demands fall on deaf ears.
And now the calls for Peltier to be granted clemency in DC have grown on Capitol Hill. Senator Brian Schatz (D-HI), the head of the Senate committee who oversees the Bureau of Indian Affairs, has also demanded Peltier be given his freedom. Numerous House Democrats have also written to Biden.
The time has come for our President to act; the same President who appointed the first-ever Native American cabinet member last year and who halted the building of the Keystone pipeline across Native lands. Surely Mr. Biden is capable of an urgent act of compassion for Leonard Peltier — especially considering that the prosecutor who put him away in 1977 now says Peltier is innocent, and that his US Attorney’s office corrupted the evidence to make sure Peltier didn’t get a fair trial. Why is this victim of our judicial system still in prison? And now he is sick with Covid.
For months Peltier has begged to get a Covid booster shot. Prison officials refused. The fact that he now has COVID-19 is a form of torture. A shame hangs over all of us. Should he now die, are we all not complicit in taking his life?
President Biden, let Leonard Peltier go. This is a gross injustice. You can end it. Reach deep into your Catholic faith, read what the Pope has begged you to do, and then do the right thing.
For those of you reading this, will you join me right now in appealing to President Biden to free Leonard Peltier? His health is in deep decline, he is the voice of his people — a people we owe so much to for massacring and imprisoning them for hundreds of years.
The way we do mass incarceration in the US is abominable. And Leonard Peltier is not the only political prisoner we have locked up. We have millions of Black and brown and poor people tonight in prison or on parole and probation — in large part because they are Black and brown and poor. THAT is a political act on our part. Corporate criminals and Trump run free. The damage they have done to so many Americans and people around the world must be dealt with.
This larger issue is one we MUST take on. For today, please join me in contacting the following to show them how many millions of us demand that Leonard Peltier has suffered enough and should be free:
President Joe Biden
Phone: 202-456-1111
E-mail: At this link
https://www.whitehouse.gov/contact/
Secretary of the Interior Deb Haaland
Phone: 202-208-3100
E-mail: feedback@ios.doi.gov
Attorney General Merrick Garland
Phone: 202-514-2000
E-mail: At this link
https://www.justice.gov/doj/webform/your-message-department-justice
I’ll end with the final verse from the epic poem “American Names” by Stephen Vincent Benet:
I shall not rest quiet in Montparnasse.
I shall not lie easy at Winchelsea.
You may bury my body in Sussex grass,
You may bury my tongue at Champmedy.
I shall not be there. I shall rise and pass.
Bury my heart at Wounded Knee.
PS. Also — watch the brilliant 1992 documentary by Michael Apted and Robert Redford about the framing of Leonard Peltier— “Incident at Oglala”
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The Moment
By Margaret Atwood*
The moment when, after many years
of hard work and a long voyage
you stand in the centre of your room,
house, half-acre, square mile, island, country,
knowing at last how you got there,
and say, I own this,
is the same moment when the trees unloose
their soft arms from around you,
the birds take back their language,
the cliffs fissure and collapse,
the air moves back from you like a wave
and you can't breathe.
No, they whisper. You own nothing.
You were a visitor, time after time
climbing the hill, planting the flag, proclaiming.
We never belonged to you.
You never found us.
It was always the other way round.
*Witten by the woman who wrote a novel about Christian fascists taking over the U.S. and enslaving women. Prescient!
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Union Membership—2021
Bureau of Labor Statistics
U.S. Department of Labor
For release 10:00 a.m. (ET) Thursday, January 20, 2022
Technical information:
(202) 691-6378 • cpsinfo@bls.gov • www.bls.gov/cps
Media contact:
(202) 691-5902 • PressOffice@bls.gov
In 2021, the number of wage and salary workers belonging to unions continued to decline (-241,000) to 14.0 million, and the percent who were members of unions—the union membership rate—was 10.3 percent, the U.S. Bureau of Labor Statistics reported today. The rate is down from 10.8 percent in 2020—when the rate increased due to a disproportionately large decline in the total number of nonunion workers compared with the decline in the number of union members. The 2021 unionization rate is the same as the 2019 rate of 10.3 percent. In 1983, the first year for which comparable union data are available, the union membership rate was 20.1 percent and there were 17.7 million union workers.
These data on union membership are collected as part of the Current Population Survey (CPS), a monthly sample survey of about 60,000 eligible households that obtains information on employment and unemployment among the nation’s civilian noninstitutional population age 16 and over. For further information, see the Technical Note in this news release.
Highlights from the 2021 data:
• The union membership rate of public-sector workers (33.9 percent) continued to be more than five times higher than the rate of private-sector workers (6.1 percent). (See table 3.)
• The highest unionization rates were among workers in education, training, and library occupations (34.6 percent) and protective service occupations (33.3 percent). (See table 3.)
• Men continued to have a higher union membership rate (10.6 percent) than women (9.9 percent). The gap between union membership rates for men and women has narrowed considerably since 1983 (the earliest year for which comparable data are available), when rates for men and women were 24.7 percent and 14.6 percent, respectively. (See table 1.)
• Black workers remained more likely to be union members than White, Asian, or Hispanic workers. (See table 1.)
• Nonunion workers had median weekly earnings that were 83 percent of earnings for workers who were union members ($975 versus $1,169). (The comparisons of earnings in this news release are on a broad level and do not control for many factors that can be important in explaining earnings differences.) (See table 2.)
• Among states, Hawaii and New York continued to have the highest union membership rates (22.4 percent and 22.2 percent, respectively), while South Carolina and North Carolina continued to have the lowest (1.7 percent and 2.6 percent, respectively). (See table 5.)
Industry and Occupation of Union Members
In 2021, 7.0 million employees in the public sector belonged to unions, the same as in the private sector. (See table 3.)
Union membership decreased by 191,000 over the year in the public sector. The public-sector union membership rate declined by 0.9 percentage point in 2021 to 33.9 percent, following an increase of 1.2 percentage points in 2020. In 2021, the union membership rate continued to be highest in local government (40.2 percent), which employs many workers in heavily unionized occupations, such as police officers, firefighters, and teachers.
The number of union workers employed in the private sector changed little over the year. However, the number of private-sector nonunion workers increased in 2021. The private-sector unionization rate declined by 0.2 percentage point in 2021 to 6.1 percent, slightly lower than its 2019 rate of 6.2 percent. Industries with high unionization rates included utilities (19.7 percent), motion pictures and sound recording industries (17.3 percent), and transportation and warehousing (14.7 percent). Low unionization rates occurred in finance (1.2 percent), professional and technical services (1.2 percent), food services and drinking places (1.2 percent), and insurance (1.5 percent).
Among occupational groups, the highest unionization rates in 2021 were in education, training, and library occupations (34.6 percent) and protective service occupations (33.3 percent). Unionization rates were lowest in food preparation and serving related occupations (3.1 percent); sales and related occupations (3.3 percent); computer and mathematical occupations (3.7 percent); personal care and service occupations (3.9 percent); and farming, fishing, and forestry occupations (4.0 percent).
Selected Characteristics of Union Members
In 2021, the number of men who were union members, at 7.5 million, changed little, while the number of women who were union members declined by 182,000 to 6.5 million. The unionization rate for men decreased by 0.4 percentage point over the year to 10.6 percent. In 2021, women’s union membership rate declined by 0.6 percentage point to 9.9 percent. The 2021 decreases in union membership rates for men and women reflect increases in the total number of nonunion workers. The rate for men is below the 2019 rate (10.8 percent), while the rate for women is above the 2019 rate (9.7 percent). (See table 1.)
Among major race and ethnicity groups, Black workers continued to have a higher union membership rate in 2021 (11.5 percent) than White workers (10.3 percent), Asian workers (7.7 percent), and Hispanic workers (9.0 percent). The union membership rate declined by 0.4 percentage point for White workers, by 0.8 percentage point for Black workers, by 1.2 percentage points for Asian workers, and by 0.8 percentage point for Hispanic workers. The 2021 rates for Whites, Blacks, and Hispanics are little or no different from 2019, while the rate for Asians is lower.
By age, workers ages 45 to 54 had the highest union membership rate in 2021, at 13.1 percent. Younger workers—those ages 16 to 24—had the lowest union membership rate, at 4.2 percent.
In 2021, the union membership rate for full-time workers (11.1 percent) continued to be considerably higher than that for part-time workers (6.1 percent).
Union Representation
In 2021, 15.8 million wage and salary workers were represented by a union, 137,000 less than in 2020. The percentage of workers represented by a union was 11.6 percent, down by 0.5 percentage point from 2020 but the same as in 2019. Workers represented by a union include both union members (14.0 million) and workers who report no union affiliation but whose jobs are covered by a union contract (1.8 million). (See table 1.)
Earnings
Among full-time wage and salary workers, union members had median usual weekly earnings of $1,169 in 2021, while those who were not union members had median weekly earnings of $975. In addition to coverage by a collective bargaining agreement, these earnings differences reflect a variety of influences, including variations in the distributions of union members and nonunion employees by occupation, industry, age, firm size, or geographic region. (See tables 2 and 4.)
Union Membership by State
In 2021, 30 states and the District of Columbia had union membership rates below that of the U.S. average, 10.3 percent, while 20 states had rates above it. All states in both the East South Central and West South Central divisions had union membership rates below the national average, while all states in both the Middle Atlantic and Pacific divisions had rates above it. (See table 5 and chart 1.)
Ten states had union membership rates below 5.0 percent in 2021. South Carolina had the lowest rate (1.7 percent), followed by North Carolina (2.6 percent) and Utah (3.5 percent). Two states had union membership rates over 20.0 percent in 2021: Hawaii (22.4 percent) and New York (22.2 percent).
In 2021, about 30 percent of the 14.0 million union members lived in just two states (California at 2.5 million and New York at 1.7 million). However, these states accounted for about 17 percent of wage and salary employment nationally.
Coronavirus (COVID-19) Pandemic Impact on 2021 Union Members Data
Union membership data for 2021 continue to reflect the impact on the labor market of the coronavirus (COVID-19) pandemic. Comparisons with union membership measures for 2020, including metrics such as the union membership rate and median usual weekly earnings, should be interpreted with caution. The onset of the pandemic in 2020 led to an increase in the unionization rate due to a disproportionately large decline in the number of nonunion workers compared with the decline in the number of union members. The decrease in the rate in 2021 reflects a large gain in the number of nonunion workers and a decrease in the number of union workers. More information on labor market developments in recent months is available at:
www.bls.gov/covid19/effects-of-covid-19-pandemic-and- response-on-the-employment-situation-news-release.htm.
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Resources for Resisting Federal Repression
Since June of 2020, activists have been subjected to an increasingly aggressive crackdown on protests by federal law enforcement. The federal response to the movement for Black Lives has included federal criminal charges for activists, door knocks by federal law enforcement agents, and increased use of federal troops to violently police protests.
The NLG National Office is releasing this resource page for activists who are resisting federal repression. It includes a link to our emergency hotline numbers, as well as our library of Know-Your-Rights materials, our recent federal repression webinar, and a list of some of our recommended resources for activists. We will continue to update this page.
Please visit the NLG Mass Defense Program page for general protest-related legal support hotlines run by NLG chapters.
Emergency Hotlines
If you are contacted by federal law enforcement you should exercise all of your rights. It is always advisable to speak to an attorney before responding to federal authorities.
State and Local Hotlines
If you have been contacted by the FBI or other federal law enforcement, in one of the following areas, you may be able to get help or information from one of these local NLG hotlines for:
- Portland, Oregon: (833) 680-1312
- San Francisco, California: (415) 285-1041 or fbi_hotline@nlgsf.org
- Seattle, Washington: (206) 658-7963
National Hotline
If you are located in an area with no hotline, you can call the following number:
Know Your Rights Materials
The NLG maintains a library of basic Know-Your-Rights guides.
- Know Your Rights During Covid-19
- You Have The Right To Remain Silent: A Know Your Rights Guide for Encounters with Law Enforcement
- Operation Backfire: For Environmental and Animal Rights Activists
WEBINAR: Federal Repression of Activists & Their Lawyers: Legal & Ethical Strategies to Defend Our Movements: presented by NLG-NYC and NLG National Office
We also recommend the following resources:
Center for Constitutional Rights
Civil Liberties Defense Center
- Grand Juries: Slideshow
Grand Jury Resistance Project
Katya Komisaruk
Movement for Black Lives Legal Resources
Tilted Scales Collective
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By David Cole, Dec. 5, 2022
Mr. Cole is the national legal director of the A.C.L.U.
Damon Winter/The New York Times
Can an artist be compelled to create a website for an event she does not condone? That’s the question the Supreme Court has said it will take up on Monday, when it hears oral arguments in 303 Creative v. Elenis. The answer would seem to be obviously “no.”
But that’s the wrong question. The right question is whether someone who chooses to open a business to the public should have the right to turn away gay customers simply because the service she would provide them is “expressive” or “artistic.” Should an architecture firm that believes Black families don’t deserve fancy homes be permitted to turn away Black clients because its work is “expressive”? Can a florist shop whose owner objects to Christianity refuse to serve Christians? The answer to these questions would seem to be, just as obviously, “no.”
So why is the first question the wrong one in this dispute? The case before the court was brought by 303 Creative, a business that says it wants to offer wedding website design services to the public, but doesn’t want to serve gay couples. Under Colorado’s “public accommodations law,” businesses that choose to serve the public at large cannot turn people away because of their race, sex, religion, sexual orientation or other protected characteristics. 303 Creative claims that because its service is expressive and its owner objects to same-sex marriage, it can’t be required to obey Colorado’s law. Not to afford it an exemption, the company argues, compels it to speak against its will and violates its free speech rights.
If this sounds familiar, that’s because five years ago the Supreme Court considered a similar case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which a bakery asserted a free-expression right to turn away a gay couple that asked it to make a cake to celebrate their wedding. The court resolved that dispute on other grounds, so did not answer the question. Masterpiece Cakeshop’s lawyers are back before the court, making the same argument with a new client. (303 Creative has actually never made a wedding website for anyone, but it claims that it can’t even get started without a legal ruling that it can turn away gay couples.)
The A.C.L.U. has been this nation’s leading defender of free speech for more than a century. We firmly believe that states cannot compel artists or anyone else to express messages with which they disagree.
But we filed an amicus brief supporting Colorado in 303 Creative, and we defended the same law five years ago on behalf of the gay couple denied service by Masterpiece Cakeshop. We did so because Colorado’s law does not do what 303 Creative claims it does. Public accommodations laws, which have been on the books since the 19th century, ensure that everyone has equal access to the public marketplace without regard to attributes historically marking them for second-class status. Those laws don’t trigger serious First Amendment concerns because they treat all businesses equally, whether they take corporate headshots or serve burgers and fries. The purpose of these laws is not to dictate the content of anyone’s speech, but to make sure that nobody is denied goods or services in commercial markets for discriminatory reasons.
Two features of the law make clear that Colorado’s law does not coerce artists to express a message with which they disagree.
First, no artist has to open a business to the public in the first place. Most writers, painters and other artists never do; they pick their subjects and leave it at that. The photographer Annie Leibovitz, for example, does not offer to take photographs of anyone who offers to pay her fee, but chooses her subjects. She is perfectly free to photograph only white people or only Buddhists.
But if Ms. Leibovitz were to open a portrait photography business that offered to take portraits on a first-come, first-served basis to the public at large, as many corporate photography studios do, she could not turn away subjects just because they were Black or Christian. Her photographic work would be just as expressive. But the choice to benefit from the public marketplace comes with the legal obligation to equally serve members of the public. And requiring businesses that offer expressive services in the public marketplace to follow the same rules as all other businesses does not violate the First Amendment.
Second, even businesses open to the public are free to define the content of what they sell. A Christmas store can sell only Christmas items without running afoul of public accommodations laws. It need not stock Hanukkah candles or Kwanzaa cards. But it cannot put a sign on its doors saying, “We don’t serve Jews” or “No Blacks allowed.”
303 Creative argues that it is not turning away same-sex couples because they are gay, but because it objects to the message that making a wedding website for them would convey. The company has, however, asked the court to declare its right to refuse to make any website for a same-sex couple’s wedding, even if its content is identical to one it would design for a straight couple. According to this line of argument, the company could refuse a gay couple even a site that merely announced the time and location of the wedding and recommended places to stay.
Colorado’s law doesn’t dictate the content of what a business sells. 303 Creative is free to post on all the websites it designs, “The Bible condemns gay marriage.” And by the same token, it could refuse to design a site that says, “The Bible blesses gay marriage,” if it would not design that website for anyone. In that case, the decision would not be discrimination based on the customer’s identity, but a permissible decision to define the product it sells.
303 Creative has plenty of freedom to speak or not speak as it wishes. It need not serve the public and it need not design wedding websites featuring content it would not sell to anyone. But the First Amendment does not give it an exemption from laws requiring equal treatment of customers simply because its service is “expressive.”
Otherwise, interior decorators, landscape architects, tattoo parlors, sign painters and beauty salons, among countless other businesses whose services contains some expressive element, would all be free to hang out signs refusing to serve Muslims, women, the disabled, African Americans or any other group. The First Amendment protects the right to have and express bigoted views, but it doesn’t give businesses a license to discriminate.
Can an artist be compelled to create a website for an event she does not condone? That’s the question the Supreme Court has said it will take up on Monday, when it hears oral arguments in 303 Creative v. Elenis. The answer would seem to be obviously “no.”
But that’s the wrong question. The right question is whether someone who chooses to open a business to the public should have the right to turn away gay customers simply because the service she would provide them is “expressive” or “artistic.” Should an architecture firm that believes Black families don’t deserve fancy homes be permitted to turn away Black clients because its work is “expressive”? Can a florist shop whose owner objects to Christianity refuse to serve Christians? The answer to these questions would seem to be, just as obviously, “no.”
So why is the first question the wrong one in this dispute? The case before the court was brought by 303 Creative, a business that says it wants to offer wedding website design services to the public, but doesn’t want to serve gay couples. Under Colorado’s “public accommodations law,” businesses that choose to serve the public at large cannot turn people away because of their race, sex, religion, sexual orientation or other protected characteristics. 303 Creative claims that because its service is expressive and its owner objects to same-sex marriage, it can’t be required to obey Colorado’s law. Not to afford it an exemption, the company argues, compels it to speak against its will and violates its free speech rights.
If this sounds familiar, that’s because five years ago the Supreme Court considered a similar case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which a bakery asserted a free-expression right to turn away a gay couple that asked it to make a cake to celebrate their wedding. The court resolved that dispute on other grounds, so did not answer the question. Masterpiece Cakeshop’s lawyers are back before the court, making the same argument with a new client. (303 Creative has actually never made a wedding website for anyone, but it claims that it can’t even get started without a legal ruling that it can turn away gay couples.)
The A.C.L.U. has been this nation’s leading defender of free speech for more than a century. We firmly believe that states cannot compel artists or anyone else to express messages with which they disagree.
But we filed an amicus brief supporting Colorado in 303 Creative, and we defended the same law five years ago on behalf of the gay couple denied service by Masterpiece Cakeshop. We did so because Colorado’s law does not do what 303 Creative claims it does. Public accommodations laws, which have been on the books since the 19th century, ensure that everyone has equal access to the public marketplace without regard to attributes historically marking them for second-class status. Those laws don’t trigger serious First Amendment concerns because they treat all businesses equally, whether they take corporate headshots or serve burgers and fries. The purpose of these laws is not to dictate the content of anyone’s speech, but to make sure that nobody is denied goods or services in commercial markets for discriminatory reasons.
Two features of the law make clear that Colorado’s law does not coerce artists to express a message with which they disagree.
First, no artist has to open a business to the public in the first place. Most writers, painters and other artists never do; they pick their subjects and leave it at that. The photographer Annie Leibovitz, for example, does not offer to take photographs of anyone who offers to pay her fee, but chooses her subjects. She is perfectly free to photograph only white people or only Buddhists.
But if Ms. Leibovitz were to open a portrait photography business that offered to take portraits on a first-come, first-served basis to the public at large, as many corporate photography studios do, she could not turn away subjects just because they were Black or Christian. Her photographic work would be just as expressive. But the choice to benefit from the public marketplace comes with the legal obligation to equally serve members of the public. And requiring businesses that offer expressive services in the public marketplace to follow the same rules as all other businesses does not violate the First Amendment.
Second, even businesses open to the public are free to define the content of what they sell. A Christmas store can sell only Christmas items without running afoul of public accommodations laws. It need not stock Hanukkah candles or Kwanzaa cards. But it cannot put a sign on its doors saying, “We don’t serve Jews” or “No Blacks allowed.”
303 Creative argues that it is not turning away same-sex couples because they are gay, but because it objects to the message that making a wedding website for them would convey. The company has, however, asked the court to declare its right to refuse to make any website for a same-sex couple’s wedding, even if its content is identical to one it would design for a straight couple. According to this line of argument, the company could refuse a gay couple even a site that merely announced the time and location of the wedding and recommended places to stay.
Colorado’s law doesn’t dictate the content of what a business sells. 303 Creative is free to post on all the websites it designs, “The Bible condemns gay marriage.” And by the same token, it could refuse to design a site that says, “The Bible blesses gay marriage,” if it would not design that website for anyone. In that case, the decision would not be discrimination based on the customer’s identity, but a permissible decision to define the product it sells.
303 Creative has plenty of freedom to speak or not speak as it wishes. It need not serve the public and it need not design wedding websites featuring content it would not sell to anyone. But the First Amendment does not give it an exemption from laws requiring equal treatment of customers simply because its service is “expressive.”
Otherwise, interior decorators, landscape architects, tattoo parlors, sign painters and beauty salons, among countless other businesses whose services contains some expressive element, would all be free to hang out signs refusing to serve Muslims, women, the disabled, African Americans or any other group. The First Amendment protects the right to have and express bigoted views, but it doesn’t give businesses a license to discriminate.
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By Anthony Almojera, Dec. 7, 2022
Mr. Almojera is a lieutenant paramedic with the New York City Fire Department Bureau of Emergency Medical Services and the author of “Riding the Lightning: A Year in the Life of a New York City Paramedic.”
Kirsten Luce for The New York Times
There are New Yorkers who rant on street corners and slump on sidewalks beside overloaded pushcarts. They can be friendly or angry or distrustful. To me and my colleagues, they’re patients.
I’m a lieutenant paramedic with the Fire Department’s Bureau of Emergency Medical Services, and it’s rare to go a day without a call to help a mentally ill New Yorker. Medical responders are often their first, or only, point of contact with the chain of health professionals who should be treating them. We know their names and their routines, their delusions, even their birthdays.
It is a sad, scattered community. And it has mushroomed. In nearly 20 years as a medical responder, I’ve never witnessed a mental health crisis like the one New York is currently experiencing. During the last week of November, 911 dispatchers received on average 425 calls a day for “emotionally disturbed persons,” or E.D.P.s. Even in the decade before the pandemic, those calls had almost doubled. E.D.P.s are people who have fallen through the cracks of a chronically underfunded mental health system, a house of cards built on sand that the Covid pandemic crushed.
Now Mayor Eric Adams wants medical responders and police officers to force more mentally ill people in distress into care. I get it — they desperately need professional help, and somewhere safe to sleep and to get a meal. Forceful action makes for splashy headlines.
People with mental health challenges can be victims of violence. I’m also painfully aware of the danger people with serious mental illness and without access to treatment can pose to the public. Assaults on E.M.S. workers in the New York City Fire Department have steadily increased year over year. Our medical responders have been bitten, beaten and chased by unstable patients. A man who reportedly suffers from schizophrenia has been charged with fatally stabbing my colleague, Capt. Alison Russo-Elling, in Queens on Sept. 29.
But dispatching medical responders to wrangle mentally disturbed people living on the street and ferry them to overcrowded psychiatric facilities is not the answer.
For one thing, the mayor is shifting more responsibility for a systemic crisis to an overworked medical corps burned out from years of low pay and the strain of the pandemic. Many E.M.S. workers are suffering depression and lack adequate professional mental health support, much like the patients we treat. Several members of the Fire Department’s Emergency Medical Services have died by suicide since the pandemic began, and hundreds have quit or retired. Many of us who are still working are stretched to the breaking point.
I’ve gone down the road of despair myself. The spring and fall of 2020 left me so empty, exhausted and sleepless that I thought about suicide, too. Our ambulances are simply the entrance to a broken pipeline. We have burned down the house of mental health in this city, and the people you see on the street are the survivors who staggered from the ashes.
Those who are supposed to respond and help them are not doing well either. Since March 2020, the unions that represent the Fire Department’s medical responders have been so inundated with calls from members seeking help that we set up partnerships with three mental health organizations, all paid for by the E.M.S. F.D.N.Y. Help Fund, an independent charity group founded and funded by medical responders and the public through donations to help us out in times of crisis.
We need to sift through the embers and see what we can salvage. Then we need to lay a new foundation, put in some beams to support the structure and start building.
What New York, like so many cities around the United States, needs is sustained investment to fund mental health facilities and professionals offering long-term care. This effort would no doubt cost tens of millions of dollars.
I’m not opposed to taking mentally ill people in distress to the hospital — our ambulances do this all the time. But I know it’s unlikely to solve their problems. Hospitals are overwhelmed, so they sometimes try to shuffle patients to other facilities. Gov. Kathy Hochul has promised 50 extra beds for New York City’s psychiatric patients. We need far more to manage those patients who would qualify for involuntary hospitalization under Mr. Adams’s vague criteria.
Often, a patient is examined by hospital staff, given a sandwich and a place to rest for a few hours, and then discharged. If the person is intoxicated, a nurse might offer a “banana bag” — an intravenous solution of vitamins and electrolytes — and time to sober up. Chances are the already overworked staff can’t do much, if anything, about the depression that led the patient to drink or take drugs in the first place.
Let’s say a patient does receive treatment in the hospital. Mr. Adams says that under the new directive, this patient won’t be discharged until a plan is in place to connect the person with ongoing care. But the systems responsible for this care — sheltered housing, access to outpatient psychiatric care, social workers, a path to reintegration into society — are horribly inadequate. There aren’t enough shelters, there aren’t enough social workers, there aren’t enough outpatient facilities. So people who no longer know how to care for themselves, who need their hands held through a complex process, are alone on the street once again.
A few days ago, I treated a manic-depressive person in his late 30s who was shouting at people on a subway platform in Downtown Brooklyn. The man said he’d gone two years without medication because he didn’t know where to get it. He said he didn’t want to go to a shelter, and I told him I knew where he was coming from: I was homeless for two years in my early 20s, and I slept in my car to avoid shelters — one night at the Bedford-Atlantic Armory was enough for me.
I persuaded the man to come with me to Brooklyn Hospital Center and made sure he got a prescription. Whether or not he’ll remember to take it, I don’t know.
While I don’t know how forcing people into care will help, I do see how it will hurt. Trust between a medical responder and the patient is crucial. Without it, we wouldn’t be able to get patients to talk to us, to let us touch them or stick needles filled with medications into their arms. But if we bundle people into our ambulances against their will, that trust will break.
Also, medical responders aren’t equipped to handle standoffs with psychiatric patients. In my experience, police officers are not keen to intervene with the mentally ill. They don’t have the medical knowledge to evaluate patients. So, who is going to decide whether to transport them? What if we disagree? Protocol has been that it is the E.M.S. personnel who make the decision. Will the police now order us to take them? I can only imagine the hours that medical responders and cops will spend debating what to do with a patient.
Rather than looking for a superficial fix, Mayor Adams should turn his attention to our neglected health care apparatus. We must heavily invest in social services, housing and mental health care if we want to avoid this ongoing tragedy. We need this kind of investment across the United States, where there’s a serious post-pandemic mental health crisis. My contact with New York City’s mentally ill population over the years and my own brushes with depression and homelessness have taught me we are all much closer to the abyss than we think.
There are New Yorkers who rant on street corners and slump on sidewalks beside overloaded pushcarts. They can be friendly or angry or distrustful. To me and my colleagues, they’re patients.
I’m a lieutenant paramedic with the Fire Department’s Bureau of Emergency Medical Services, and it’s rare to go a day without a call to help a mentally ill New Yorker. Medical responders are often their first, or only, point of contact with the chain of health professionals who should be treating them. We know their names and their routines, their delusions, even their birthdays.
It is a sad, scattered community. And it has mushroomed. In nearly 20 years as a medical responder, I’ve never witnessed a mental health crisis like the one New York is currently experiencing. During the last week of November, 911 dispatchers received on average 425 calls a day for “emotionally disturbed persons,” or E.D.P.s. Even in the decade before the pandemic, those calls had almost doubled. E.D.P.s are people who have fallen through the cracks of a chronically underfunded mental health system, a house of cards built on sand that the Covid pandemic crushed.
Now Mayor Eric Adams wants medical responders and police officers to force more mentally ill people in distress into care. I get it — they desperately need professional help, and somewhere safe to sleep and to get a meal. Forceful action makes for splashy headlines.
People with mental health challenges can be victims of violence. I’m also painfully aware of the danger people with serious mental illness and without access to treatment can pose to the public. Assaults on E.M.S. workers in the New York City Fire Department have steadily increased year over year. Our medical responders have been bitten, beaten and chased by unstable patients. A man who reportedly suffers from schizophrenia has been charged with fatally stabbing my colleague, Capt. Alison Russo-Elling, in Queens on Sept. 29.
But dispatching medical responders to wrangle mentally disturbed people living on the street and ferry them to overcrowded psychiatric facilities is not the answer.
For one thing, the mayor is shifting more responsibility for a systemic crisis to an overworked medical corps burned out from years of low pay and the strain of the pandemic. Many E.M.S. workers are suffering depression and lack adequate professional mental health support, much like the patients we treat. Several members of the Fire Department’s Emergency Medical Services have died by suicide since the pandemic began, and hundreds have quit or retired. Many of us who are still working are stretched to the breaking point.
I’ve gone down the road of despair myself. The spring and fall of 2020 left me so empty, exhausted and sleepless that I thought about suicide, too. Our ambulances are simply the entrance to a broken pipeline. We have burned down the house of mental health in this city, and the people you see on the street are the survivors who staggered from the ashes.
Those who are supposed to respond and help them are not doing well either. Since March 2020, the unions that represent the Fire Department’s medical responders have been so inundated with calls from members seeking help that we set up partnerships with three mental health organizations, all paid for by the E.M.S. F.D.N.Y. Help Fund, an independent charity group founded and funded by medical responders and the public through donations to help us out in times of crisis.
We need to sift through the embers and see what we can salvage. Then we need to lay a new foundation, put in some beams to support the structure and start building.
What New York, like so many cities around the United States, needs is sustained investment to fund mental health facilities and professionals offering long-term care. This effort would no doubt cost tens of millions of dollars.
I’m not opposed to taking mentally ill people in distress to the hospital — our ambulances do this all the time. But I know it’s unlikely to solve their problems. Hospitals are overwhelmed, so they sometimes try to shuffle patients to other facilities. Gov. Kathy Hochul has promised 50 extra beds for New York City’s psychiatric patients. We need far more to manage those patients who would qualify for involuntary hospitalization under Mr. Adams’s vague criteria.
Often, a patient is examined by hospital staff, given a sandwich and a place to rest for a few hours, and then discharged. If the person is intoxicated, a nurse might offer a “banana bag” — an intravenous solution of vitamins and electrolytes — and time to sober up. Chances are the already overworked staff can’t do much, if anything, about the depression that led the patient to drink or take drugs in the first place.
Let’s say a patient does receive treatment in the hospital. Mr. Adams says that under the new directive, this patient won’t be discharged until a plan is in place to connect the person with ongoing care. But the systems responsible for this care — sheltered housing, access to outpatient psychiatric care, social workers, a path to reintegration into society — are horribly inadequate. There aren’t enough shelters, there aren’t enough social workers, there aren’t enough outpatient facilities. So people who no longer know how to care for themselves, who need their hands held through a complex process, are alone on the street once again.
A few days ago, I treated a manic-depressive person in his late 30s who was shouting at people on a subway platform in Downtown Brooklyn. The man said he’d gone two years without medication because he didn’t know where to get it. He said he didn’t want to go to a shelter, and I told him I knew where he was coming from: I was homeless for two years in my early 20s, and I slept in my car to avoid shelters — one night at the Bedford-Atlantic Armory was enough for me.
I persuaded the man to come with me to Brooklyn Hospital Center and made sure he got a prescription. Whether or not he’ll remember to take it, I don’t know.
While I don’t know how forcing people into care will help, I do see how it will hurt. Trust between a medical responder and the patient is crucial. Without it, we wouldn’t be able to get patients to talk to us, to let us touch them or stick needles filled with medications into their arms. But if we bundle people into our ambulances against their will, that trust will break.
Also, medical responders aren’t equipped to handle standoffs with psychiatric patients. In my experience, police officers are not keen to intervene with the mentally ill. They don’t have the medical knowledge to evaluate patients. So, who is going to decide whether to transport them? What if we disagree? Protocol has been that it is the E.M.S. personnel who make the decision. Will the police now order us to take them? I can only imagine the hours that medical responders and cops will spend debating what to do with a patient.
Rather than looking for a superficial fix, Mayor Adams should turn his attention to our neglected health care apparatus. We must heavily invest in social services, housing and mental health care if we want to avoid this ongoing tragedy. We need this kind of investment across the United States, where there’s a serious post-pandemic mental health crisis. My contact with New York City’s mentally ill population over the years and my own brushes with depression and homelessness have taught me we are all much closer to the abyss than we think.
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By David Wallace-Wells, Dec. 7, 2022
https://www.nytimes.com/2022/12/07/opinion/environment/covid-19-pandemic-elderly-deaths.html
Ibrahim Rayintakath
Americans received their first Covid-19 vaccine doses in December 2020, which means we are now approaching the beginning of the third year of the pandemic’s vaccine phase. And yet hundreds of Americans are still dying each day. Who are they? The data offers a straightforward answer: older adults.
Though it’s sometimes uncomfortable to say it, mortality risk has been dramatically skewed by age throughout the pandemic. The earliest reports of Covid deaths from China sketched a pattern quickly confirmed everywhere in the world: In an immunologically naïve population, the oldest were several thousand times more at risk of dying from infection than the youngest.
But the skew is actually more dramatic now — even amid mass vaccinations and reinfections — than it was at any previous point over the last three years. Since the beginning of the pandemic, people 65 and older accounted for 75 percent of all American Covid deaths. That dropped below 60 percent as recently as September 2021. But today Americans 65 and over account for 90 percent of new Covid deaths, an especially large share given that 94 percent of American seniors are vaccinated.
Yet these facts seem to contradict stories we’ve told about what drives vulnerability to Covid-19. In January, Joe Biden warned that the illness and death threatened by the Omicron variant represented “a pandemic of the unvaccinated.” But that month, in which nearly 85,000 Americans died, the unvaccinated accounted for 59 percent of those deaths, down from 77 percent the previous September, according to analysis by the Kaiser Family Foundation. The share of deaths among older adults that January was nearly 74 percent.
Over the months that followed, the unvaccinated share of mortality fell even further, to 38 percent in May 2022. The share of deaths among people vaccinated and boosted grew significantly as well, from 12 percent in January 2022 to 36 percent in April. Those levels held roughly steady throughout the duration of the summer, during which time just about as many boosted Americans were dying as the unvaccinated. The share of deaths among older adults kept growing: In April, 79 percent of American deaths were among those 65 and older. In November, 90 percent.
As many Twitter discussions about the “base rate fallacy” have emphasized, this is not because the vaccines are ineffective — we know, also from the Centers for Disease Control and Prevention data, that they work very well. Estimates of the effectiveness of updated bivalent boosters suggest they reduce the risk of mortality from Covid in Americans over the age of 12 by more than 93 percent compared with the population of unvaccinated. That is a very large factor.
But it isn’t the whole story, or vaccinated older adults wouldn’t now make up a larger share of Covid deaths than the unvaccinated do. That phenomenon arises from several other factors that are often underplayed. First is the simple fact that more Americans are vaccinated than not, and those older Americans most vulnerable to severe disease are far more likely to be vaccinated than others.
It is also partly a reflection of how many fewer Americans, including older ones, have gotten boosters than got the initial vaccines: 34 percent, compared to 69 percent. The number of those who have gotten updated bivalent boosters is lower still — just 12.7 percent of Americans over the age of 5.
Finally, vaccines are not as effective among older adults because the immune system weakens with age. It’s much harder to train older immune systems, and that training diminishes more quickly. In Americans between the ages of 65 and 79, for instance, vaccination reduced mortality risk from Covid more than 87 percent, compared to the unvaccinated. This is a very significant reduction, to be sure, but less than the 15-fold decline observed among those both vaccinated and bivalent-boosted in the overall population. For those 80 and above, the reduction from vaccination alone is less than fourfold.
That is a very good deal, of course. But it also means that, given the underlying age skew, a vaccinated person in their late 80s shares a similar risk of Covid death as a never-vaccinated 70-year-old. Which is to say, some real risk. If it was ever comfortable to say that the unconscionable levels of American deaths were a “pandemic of the unvaccinated,” it is surely now accurate to describe the ongoing toll as a “pandemic of the old.”
So why aren’t we?
One answer is that as a country, we prefer just to not see those deaths at all, regarding a baseline of several hundred deaths a day as a sort of background noise or morbid but faded wallpaper. We don’t need to understand who is dying or why in part because we don’t want to reckon with the fact that around 300 Americans are now dying from Covid-19 every day, at a rough pace of about 100,000 per year, making it the country’s third leading cause of death. This is normalization at work, but it is also a familiar pattern: We don’t exactly track the ups and downs of cancer or heart disease either.
Another answer is that — partly to promote good behavior, partly to more easily blame others for our general predicament — the country spent a lot of time emphasizing what you could do to protect yourself, which left us without much of a vocabulary to describe what underlying vulnerability inevitably remained. Vaccine refusal was a cancer on the American experience of the Covid years — that is undeniable. But we got so comfortable equating personal choices and individual risk that even identifying vulnerabilities came to feel like an accusation of irresponsibility. And where does that leave older adults? In a pandemic of the unvaccinated, what do you say to or about the 41 percent of Americans who died in January who’d gotten their shots? Or the roughly 60 percent of them that died this summer?
Many of us were also turned off by dismissive rhetoric from the beginning of the pandemic, when those minimizing the threat pointed to the disproportionate risks to the very old as a reason to not worry all that much about limiting spread. The country as a whole may be ageist, without all that much empathy for the well-being of octogenarians and nonagenarians. But hearing the conservative commentator Ben Shapiro or the Texas lieutenant governor Dan Patrick so blithely dismissing the deaths of older adults in 2020 probably made the whole subject seem considerably more taboo to the rest of us than it might’ve been otherwise.
Throughout the last few years, the country has also struggled to consider individual risk and social risk separately. In the first year of the pandemic, we seemed to build our sense of individual risk backward from the social need to limit spread — underemphasizing some of the differential threat and focusing instead on universal measures like social distancing and mask wearing. With the arrival of vaccines, we began to build a collective picture of social risk in the opposite way, up from an individual basis instead.
The picture that resulted was hugely relieving to most of us without being, at the highest levels, misleading: Vaccination and natural immunity had indeed dramatically reduced the country’s overall mortality risk. But while it’s comforting to believe that protection is a choice, for some populations it isn’t. And in moving pretty swiftly from treating everyone as high-risk to treating everyone as low-risk, we neglected to pay much attention to the differential of risk: that even if the average American had reduced his or her chances of dying by a factor of five or 10, 300 or more Americans might still be dying each day for many months, and there were probably some targeted things to do about that.
What are they? There is no simple or silver-bullet solution, which may be another reason we’ve spent more energy on the need for vaccination than on the vulnerabilities of age (that is, the fix is far more straightforward). But clearer communication — from public health officials to politicians and the media — about differential risk could nevertheless help, emphasizing not just that more shots are good but that different groups probably need different approaches, and that even with up-to-date vaccination and bivalent boosting, infection represents a considerable threat to older adults.
More targeted guidance might also underline the way that boosters still deliver what would have seemed like mind-blowing reductions in risk two years ago, even if they don’t eliminate it entirely, and point to certain settings where rapid testing should continue or be reinstituted (nursing homes, say). And there is surely much more to be done to aggressively promote treatments like Paxlovid, which are being criminally underutilized given their efficacy in vulnerable populations. (Their efficacy for younger and healthier people remains a kind of open question.) And while infrastructure investments and other mitigation strategies do not come as cheaply as communication, there is a bundle of things we know could help reduce transmission almost invisibly, without really burdening individuals: higher indoor air quality standards, for instance. You might even choose to target those investments and improvements less in schools than in care facilities, too.
Would all that be sufficient? Probably not to eliminate some ongoing death toll, unfortunately, given how promiscuously the disease is spreading. But it would presumably reduce by some fraction those hundreds of deaths we’re seeing each day. At the moment, the country is treating those deaths as the cost of normalcy.
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By Rachel Shabi, Dec. 8, 2022
Ms. Shabi is a journalist who writes about British politics and society.
https://www.nytimes.com/2022/12/08/opinion/britain-strikes-economy.html
Bryce Wymer
Inflation is in double digits, and the recession — the worst of all Group of 7 countries — is expected to last deep into 2024. The National Health Service is on life support, public transport is sputtering, and post-Brexit worker shortages are widespread. Homeowners face soaring mortgage rates, renters are subject to no-fault evictions, and millions can’t afford to heat their homes. Food banks, which barely existed a decade ago, are at breaking point, and 14.5 million people are in poverty. Winter is here, and it’s bleak.
But Britons are fighting back. Months after what was called a hot strike summer, in which almost 200,000 workers staged walkouts, Britain is witnessing industrial action on a scale not seen in decades — and in all sorts of unlikely places. University staff members recently staged their biggest walkout, for example, and the Royal College of Nursing, which represents N.H.S. nurses, will soon take strike action for the first time in its 106-year history. The breadth of disputes is striking. Among those picketing or about to strike are postal workers, civil servants, charity workers, bus drivers, firefighters and factory workers.
The strikes, usually contentious, have unexpectedly captured the public mood. People go to picket lines and speak up for workers on television and radio phone-ins. Support, so far, is holding up: In August, three in five adult Britons backed industrial action, and polling in October showed 65 percent support for a nursing staff walkout. Rail strikes are less backed, especially with the approach of Christmas, but Mick Lynch, the leader of the transport union that has been at the forefront of strikes, has become an unlikely national hero. His refusal to accept things as they are, as well as his evisceration of hostile interviewers, has struck a chord.
Against those who insist that there is no alternative but to suffer, ordinary Britons are saying that, actually, there is — and it’s called solidarity.
Their defiance stands in stark contrast to the mood in Westminster. After weeks of political infighting and chaos, a solemn fatalism has taken hold there. To counter unsustainable levels of government debt and a global energy crisis, the argument goes, the country must make difficult decisions. As the finance minister put it before setting out a punitive budget last month, there is a “tough road ahead.” In these straitened times, everyone will have to make sacrifices for the good of the country.
Britain has heard that before. In the aftermath of the 2008 financial crash, politicians reached for similar arguments to justify cuts to state spending. Drawing on the figure of the welfare scrounger, assisted by an acquiescent media and compliant opposition party, the government persuaded the public that austerity was a reasonable response. This time, the approach isn’t working. According to the National Center for Social Research, 52 percent of people now think there should be more government support, not less. What’s more, fewer people now agree that welfare is too generous and prevents people from standing on their own two feet. After all, it’s hard to blame individuals for financial woes that are so widely shared.
Instead, another narrative is taking hold. In this version, the profound economic pain afflicting Britain is not acceptable or inevitable. Union leaders describe the cost-of-living crisis as a class war, effectively a money-siphoning opportunity for profiteering companies, facilitated by the government. The government’s refusal to countenance raising taxes on the very wealthy — something that, according to Tax Justice UK, an advocacy organization, could raise 37 billion pounds, or $45 billion, a year — in favor of stealth tax increases that hit low- and middle-income people is a case in point.
Abandoned by the government, people are stepping up. The Enough Is Enough campaign, started in August by trade unions, community organizers and legislators from the Labour Party’s left, has signed up 750,000 people and staged packed-out nationwide rallies. The campaign has five key demands: a real pay rise, an end to food poverty, slashed energy bills, decent housing for all and higher taxes on the highest earners. Organizers say they are reaching unlikely corners of the country, including Conservative strongholds, and the campaign is channeling supporters onto picket lines.
The grass-roots group Don’t Pay UK, set up in June, has taken things a step further. Undergirded by hundreds of support groups nationwide, 250,000 people pledged to start a coordinated national payment strike on energy bills on Dec. 1, joining the estimated three million who simply cannot pay their bills. Against criticism that nonpayment would inflict heavy penalties on the most vulnerable, the campaign seeks to provide collective support for people whose individual situations are often terrifying.
Seen as a whole, it looks like a public more prepared to stand together. Behind this sentiment, perhaps paradoxically, is the Covid pandemic. For one thing, it showed that — with political will — funds could be found to spend on public services and pay. For another, it forged such intense gratitude for nurses and other key workers that it’s now hard to dismiss their demands for better pay and conditions. Crucially, the experience of lockdown and widespread illness spawned thousands of mutual aid groups, premised on collectivism and reconnecting atomized communities. It’s this civic spirit that’s now being revived.
Four decades ago, Margaret Thatcher famously insisted that “there’s no such thing as society.” Perhaps Britain is finally ready to prove her wrong.
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In high schools across the country, students are being placed in military classes without electing them on their own. “The only word I can think of is ‘indoctrination,’” one parent said.
By Mike Baker, Nicholas Bogel-Burroughs and Ilana Marcus, Dec. 11, 2022
https://www.nytimes.com/2022/12/11/us/jrotc-schools-mandatory-automatic-enrollment.html
At South Atlanta High School, the principal decided several years ago to start all freshmen in J.R.O.T.C. Credit...Zack Wittman for The New York Times
DETROIT — On her first day of high school, Andreya Thomas looked over her schedule and found that she was enrolled in a class with an unfamiliar name: J.R.O.T.C.
She and other freshmen at Pershing High School in Detroit soon learned that they had been placed into the Junior Reserve Officers’ Training Corps, a program funded by the U.S. military designed to teach leadership skills, discipline and civic values — and open students’ eyes to the idea of a military career. In the class, students had to wear military uniforms and obey orders from an instructor who was often yelling, Ms. Thomas said, but when several of them pleaded to be allowed to drop the class, school administrators refused.
“They told us it was mandatory,” Ms. Thomas said.
J.R.O.T.C. programs, taught by military veterans at some 3,500 high schools across the country, are supposed to be elective, and the Pentagon has said that requiring students to take them goes against its guidelines. But The New York Times found that thousands of public school students were being funneled into the classes without ever having chosen them, either as an explicit requirement or by being automatically enrolled.
A review of J.R.O.T.C. enrollment data collected from more than 200 public records requests showed that dozens of schools have made the program mandatory or steered more than 75 percent of students in a single grade into the classes, including schools in Detroit, Los Angeles, Philadelphia, Oklahoma City and Mobile, Ala. A vast majority of the schools with those high enrollment numbers were attended by a large proportion of nonwhite students and those from low-income households, The Times found.
The role of J.R.O.T.C. in U.S. high schools has been a point of debate since the program was founded more than a century ago. During the antiwar battles of the 1970s, protests over what was seen as an attempt to recruit high schoolers to serve in Vietnam prompted some school districts to restrict the program. Most schools gradually phased out any enrollment requirements.
But 50 years later, new conflicts are emerging as parents in some cities say their children are being forced to put on military uniforms, obey a chain of command and recite patriotic declarations in classes they never wanted to take.
In Chicago, concerns raised by activists, news coverage and an inspector general’s report led the school district to backtrack this year on automatic J.R.O.T.C. enrollments at several high schools that serve primarily lower-income neighborhoods on the city’s South and West sides. In other places, The Times found, the practice continues, with students and parents sometimes rebuffed when they fight compulsory enrollment.
“If she wanted to do it, I would have no problem with it,” said Julio Mejia, a parent in Fort Myers, Fla., who said his daughter had tried to get out of a required J.R.O.T.C. class in 2019, when she was a freshman, and was initially refused. “She has no interest in a military career. She has no interest in doing any of that stuff. The only word I can think of is ‘indoctrination.’”
J.R.O.T.C. classes, which offer instruction in a wide range of topics, including leadership, civic values, weapons handling and financial literacy, have provided the military with a valuable way to interact with teenagers at a time when it is facing its most serious recruiting challenge since the end of the Vietnam War.
While Pentagon officials have long insisted that J.R.O.T.C. is not a recruiting tool, they have openly discussed expanding the $400 million-a-year program, whose size has already tripled since the 1970s, as a way of drawing more young people into military service. The Army says 44 percent of all soldiers who entered its ranks in recent years came from a school that offered J.R.O.T.C.
High school principals who have embraced the program say it motivates students who are struggling, teaches self-discipline to disruptive students and provides those who may feel isolated with a sense of camaraderie. It has found a welcome home in rural areas where the military has deep roots but also in urban centers where educators want to divert students away from drugs or violence and toward what for many can be a promising career or a college scholarship.
And military officials point to research indicating that J.R.O.T.C. students have better attendance and graduation rates, and fewer discipline problems at school.
But critics have long contended that the program’s militaristic discipline emphasizes obedience over independence and critical thinking. The program’s textbooks, The Times found, at times falsify or downplay the failings of the U.S. government. And the program’s heavy concentration in schools with low-income and nonwhite students, some opponents said, helps propel such students into the military instead of encouraging other routes to college or jobs in the civilian economy.
“It’s hugely problematic,” said Jesús Palafox, who worked with the campaign against automatic enrollment in Chicago. Now 33, he said he had become concerned that the program was “brainwashing” students after a J.R.O.T.C. instructor at his high school approached him and urged him to join the classes and enlist in the military.
“A lot of recruitment for these programs are happening in heavy communities of color,” he said.
Schools also have a financial incentive to push students into the program. The military subsidizes instructors’ salaries while requiring schools to maintain a certain level of enrollment in order to keep the program. In states that have allowed J.R.O.T.C. to be used as an alternative graduation credit, some schools appear to have saved money by using the course as an alternative to hiring more teachers in subjects such as physical education or wellness.
Cmdr. Nicole Schwegman, a spokeswoman for the Pentagon and a former J.R.O.T.C. student herself, said that, while the program helped the armed forces by introducing teenagers to the prospect of military service, it operated under the educational branch of the military, not the recruiting arm, and aimed to help teenagers become more effective students and more responsible adults.
“It’s really about teaching kids about service, teaching them about teamwork,” Commander Schwegman said.
But she expressed concern about The Times’s findings on enrollment policies, saying that the military does not ask high schools to make J.R.O.T.C. mandatory and that schools should not be requiring students to take it.
“Just like we are an all-volunteer military, this should be a volunteer program,” she said.
Across the Country
With their uniforms in pristine condition — not a name tag out of place — a group of cadets rose in their classroom at South Atlanta High School on a recent morning to bellow a creed that vowed their commitment to family, patriotism, truth, leadership and accountability.
“I am the future of the United States of America,” the cadets said in unison.
In a school where every student qualifies for free lunch and the allure of drugs and gangs is a constant concern, South Atlanta’s longtime principal, Patricia Ford, decided several years ago to have all freshmen start in J.R.O.T.C. It was a change inspired by her brother, she said. J.R.O.T.C. had shaped him into a leader and set him on a pathway to a successful career in the U.S. Navy.
The school is less strict about enrollment than others around the country, allowing students to drop the class after they have taken some time to try it. Several cadets said they had initially resisted their placement in the program, wary of the uniforms or the intensity of the instructors, but had grown to love it. One freshman said she attempted to drop the class this year, got yelled at for trying and now says she is glad she stayed.
Several of the cadets spoke about how instructors had helped them mature into better people and pressed them to get better grades in all of their classes. Half of the students gathered on a recent morning indicated that they were considering a future in the military.
Parents, Dr. Ford said, have welcomed the class with little objection.
But in some cases, parents who discovered that their children had been enrolled in military-sponsored training have struggled to pull them out of the classes.
Mr. Mejia, whose daughter was put against her will into a class in Fort Myers, met with a series of school officials while trying to get his daughter out. He said he supported the military — his sister is in the Navy — but was outraged that his daughter was being forced into the program.
The school let his daughter out of the class, he said, only after he complained that an instructor had grabbed her by the shoulders during an exercise, an incident school officials did not dispute when they noted in a response to The Times that they had ultimately allowed the girl to drop the class.
A school district spokesman said that seven high schools in Lee County automatically enrolled students in J.R.O.T.C. but that those who objected could change their schedules.
The program has always been heavily represented in regions like Texas and the Southeast, where the military has deeper roots and military families often proudly span generations. But, even there, data released in response to federal, state and local public records requests showed that some schools had relatively small enrollments in J.R.O.T.C.
Hillsborough County, Fla., for example, has made a major commitment to J.R.O.T.C., with a program at every one of its high schools. But without enrollment mandates, the district averaged about 8 percent of freshmen enrolled last year.
On the other hand, The Times’s review found a number of high schools where at least three-quarters of a grade’s students were enrolled in J.R.O.T.C., including in Baton Rouge, La.; Cape Coral, Fla.; Charlotte, N.C.; Memphis; Port Gibson, Miss.; San Diego; Spring, Texas; and Vincent, Ala.
Many other schools have more than half of all students in some grades enrolled in the program, including some in Atlanta, Baltimore, Boston, Dallas, Houston, Miami, St. Louis and Washington, D.C.
In analyzing data released by the Army, The Times found that among schools where at least three-quarters of freshmen were enrolled in J.R.O.T.C., over 80 percent of them had a student body composed primarily of Black or Hispanic students. That was a higher rate than other J.R.O.T.C. schools (over 50 percent of them had such a makeup) and U.S. high schools without J.R.O.T.C. programs (about 30 percent).
For some districts examined by The Times, it was difficult to discern whether a school required J.R.O.T.C. or if some other reason had led a large percentage of its freshmen to enroll in the program.
In Detroit, where Ms. Thomas said she had been forced to take the class, the district said in a statement that administrators did not require students to take J.R.O.T.C. although they “do encourage students in ninth grade to take the course to spark their interest.” But two recent students at Pershing, in addition to Ms. Thomas, said in interviews that they had been required to take the class. District data showed that 90 percent of freshmen were enrolled in J.R.O.T.C. during the 2021-22 school year.
Three other Detroit high schools also enrolled more than 75 percent of their freshmen in the class, according to district data.
School district officials gave various explanations for why they were putting a large proportion of their students into J.R.O.T.C.
In Pike County, Ala., which automatically enrolls all freshmen in J.R.O.T.C., administrators said the program’s focus on character and leadership had helped students improve their study habits and increase their involvement in other school programs.
“All in all, it seems to be a very positive thing that we’ve got right now,” said Jeremy Knox, who leads the district’s career education programs.
In Philadelphia, a district spokeswoman said that one school in the district, Martin Luther King High School, automatically enrolled all freshmen into J.R.O.T.C. to expose them to possible military careers and “to create a culture of teamwork, collaboration and discipline.” Star Spencer High School in Oklahoma City said it placed all freshmen in J.R.O.T.C. at the start of the school year in part because of a shortage of physical education teachers.
The principal of McKinley Technology High School in Washington, D.C., said students were automatically enrolled in the class so that they could learn leadership and discipline, though some did not take the course because of religious beliefs or opposition to the military.
Nearby, at Surrattsville High School in Clinton, Md., about 50 percent of freshmen were in J.R.O.T.C. last year. Katrina Lamont, the principal, said the school had been placing students in the program when they had not chosen other electives or needed to fill out their schedules. But doing so created a problem, she said, when students who had dreadlocks or other longer hairstyles ran up against the program’s strict grooming requirements. She said the school was seeking to be more accommodating this year.
Conflicts in Classrooms
Forcing students into J.R.O.T.C. has at times created problems with discipline and morale.
William White, a retired Army major who taught for years as a J.R.O.T.C. instructor in three states, said he found during his time in Florida that there was a constant emphasis on keeping enrollment elevated, with students required to take the class even when they were so opposed to it that they refused to do the work.
Mr. White recalled two students who had religious objections complaining to him about having to take the class.
“Kids were forced into the program,” he said, adding that he faced blowback after trying to get students removed who did not want to be there.
Marvin Anderson, a retired lieutenant colonel in the Army who is the senior J.R.O.T.C. instructor at Green Oaks Performing Arts Academy, a public high school in Shreveport, La., said students were required to take the program in their freshman year to fulfill a physical education credit, and in their sophomore year to fulfill a health credit. He said the program provided valuable training in leadership, community service and discipline. But that many students do not want to be in the class makes it difficult to maintain those values, he said.
“I have issues with behavior, and issues with grooming requirements and other things,” Colonel Anderson said. He said he struggled constantly to maintain a structured class “for teenagers who don’t want to be in the program.”
The program has also led to pushback from civilian teachers, some of whom have been uncomfortable with military posters and recruiters on campus and the curriculum taught in J.R.O.T.C. classes.
Of the textbooks obtained and examined by The Times, one from the Navy states that a U.S. military victory in Vietnam was hindered by the restrictions political leaders had placed on the tactics the military could use. That hawkish interpretation of the war fails to account for the fundamental problem that many civilian textbooks point out: the lack of popular support among South Vietnamese for their government, which was America’s chief ally in the war.
A Marine Corps textbook describing the “Trail of Tears” during the 1830s fails to mention that thousands of people died when Native Americans were forced from their lands in the southeastern United States.
Sylvia McGauley, a former high school history teacher in Troutdale, Ore., said she was troubled when she found that the J.R.O.T.C. textbooks being used at her school were teaching “militarism, not critical thinking.”
“The version of history that I was hearing from my J.R.O.T.C. kids was quite different from the versions of history that I tried to teach in my classroom,” she said.
Community Debate
Schools that have faced questions over mandatory or automatic enrollments have often responded by backing away from the requirements, as Chicago did last year.
In that case, which came to light after an article from the education news website Chalkbeat, an investigation by the school district’s inspector general found that 100 percent of freshmen had been enrolled in J.R.O.T.C. at four high schools that served primarily low-income students on the city’s South and West sides.
It was “a clear sign the program was not voluntary,” the report said.
At many schools, it said, freshman enrollment in J.R.O.T.C. “often operated like a prechecked box: students were automatically placed in J.R.O.T.C. and they had to get themselves removed from it if they did not want it. Sometimes this was possible; sometimes it was not.”
The district said in response that it was updating its parental consent process and making sure students had a choice between enrolling in J.R.O.T.C. or other, nonmilitary physical education classes.
The Buffalo school district agreed in 2005 to ensure that the program was optional after the New York Civil Liberties Union had raised questions.
In 2008, parents and other residents in San Diego confronted school district officials over concerns about forced enrollment, and won what they believed was a promise by the district to ensure that the program would be strictly optional. They also worked to eliminate J.R.O.T.C. air rifle programs in the schools.
But The Times’s review of data provided by the school district found that there continued to be schools with high J.R.O.T.C. numbers, with 77 percent of freshmen enrolled in the program at Kearny School of Biomedical Science and Technology last year. A district spokeswoman said that the data the district had provided had “some inaccuracies” but over the past several weeks did not provide new enrollment numbers and would not comment further.
“It’s almost like trying to kill a vampire,” said Rick Jahnkow, who has worked for three decades to oppose military recruitment in San Diego’s schools. “You think that you dispensed with it, and it keeps coming back.”
In some cases, students who at first balked at being forced to enroll in the program said they had ended up embracing it.
Azaria Terrell, a schoolmate of Ms. Thomas’s in Detroit, said she had changed her mind as she had begun to bond with her classmates and to heed some of her instructor’s lessons on leadership and honesty. After her required stint during her freshman year, she stayed in the program for three more years — by choice — and earned a position as the unit’s battalion commander.
“I found myself becoming a better person,” said Ms. Terrell, who ended up going to college instead of joining the military.
Ms. Thomas, on the other hand, said she had never learned to like the class and had often skipped it. When she received a failing grade, she was put back in the class for her sophomore year.
Ms. Thomas said she and other students who had been forced into J.R.O.T.C. often heard from recruiters who pitched the idea of signing up for the military in order to get help paying for college. One of Ms. Thomas’s classmates joined the military, and Ms. Thomas filled out initial recruiting paperwork one day, lured by the promises of the recruiters who had visited the school. But she was never serious, she said, and ultimately stuck with her plan to pursue a civilian career in health care.
Ms. Thomas, now a freshman in college, said she no longer responded to the recruiter, though she still heard from him.
“He still texts me to this day,” she said.