Brace
yourself. What I am writing here is
certainly unpopular. It goes against the
narrative that has been adopted by the mainstream press. It defends people who have a hateful
message. What is worse, I am about to
defend the actions of a president whom I despise, and whom I have constantly
criticized.
My grandfather
volunteered to join the army and fight the Nazis. Nazi symbols are disgusting to me. People who affirmatively quote Adolf Hitler
to support their beliefs are vile.
I was born
and raised in the North; Philadelphia to be exact. I was rightfully taught that the Civil War
was fought over slavery. I consider
secession of the Confederate States to have been am act of treason, and the
Confederate battle flag a symbol of treason.
Racism is
evil. Judging a person based on the
color of his or her skin or on his or her heritage is ignorant, closed-minded
and hateful.
But we have
a Constitution that protects free expression.
It is one of our most valued rights as Americans. And it is meant to protect expression that is
hateful and offensive to others. I may
despise what you have to say, but it is not my right to forcefully control what
you say or how you think. And it is not
the job of our Government to control your thought or expression.
It would be
an understatement to say that yesterday was a sad day in Charlottesville,
Virginia. What was meant to be a protest
against the removal of a statue of Confederate General, and native Virginian,
Robert E. Lee, turned into violent conflict which cost the life of one
woman. And while I agree that the First
Amendment protects expression, but not violence, the narrative that has
developed out of yesterday I find as disturbing as the messages of racism and
hate that many came to Charlottesville to express. Because the protestors expressed an unpopular
and hateful message, they appear to have become an easy target upon which to
pin the entire responsibility for the violence that occurred. But as I look deeper into what happened, God
help me, I agree with President Trump that was an “egregious display of hatred,
bigotry and violence, on many sides.”
The
overwhelmingly popular thing among the press and among politicians is to blame
the “white supremacists,” “white nationalists,” and “Nazis” who came to Charlottesville
to protest the planned removal of the statue of General Lee. The protest had been planned for months. The city initially granted a permit to hold
the protest at Emancipation Park, where the statue currently stands. To be sure, the protest attracted some of the
worst of American society. There is no
denying that the protestors were racists, and carried with them symbols of hate
such as the Southern Cross and the Nazi flag.
But the planned
protest also attracted people who oppose the message of racism. The city also approved a permit for those who
opposed the message of the protestors to hold counter-protests at different
parks in Charlottesville. Some of the
counter-protestors were well-intentioned.
They wanted to spread a message of peace and acceptance. Some were religious leaders, who rightfully taught
that Christ’s message was not about hate, and held payer sessions. But it cannot be denied that some of the counter-protestors
clearly came to Charlottesville looking for a fight. Some came with the intention of breaking up
the protest, and shouting down the protestors.
Once Charlottesville
approved the permits for the counter-protestors, city officials recognized the
potential for violence, and modified the permit for the protest planned for
Emancipation Park. The city attempted to
have those who protested the removal of General Lee’s statue do so at a
different park, miles away.
This is where
the ACLU stepped in. In support of the
protestors, the ACLU went to federal court arguing that the Government has no
right to regulate speech based on content.
The judge agreed, noting that Charlottesville only evoked the permit,
and attempted to move the protest to a different location after it had approved
the permits for the counter-protests. That
is, by approving the permits for the counter-protests, Charlottesville itself
increased the risk of violence, and was using its own actions to suppress the
message of the protestors. Essentially,
there is no right of veto given to dissenters.
As expected,
violence broke out. People were injured.
A man careened a car down a crowded street
filled with other cars and a counter-protestors. One woman was killed by the driver, caught as
she was trying to cross the street.
The accepted
response has been to pin the blame for all of the violence on those who came to
protest the removal of the statue. They
are the ones with the messages of hate.
They are the ones who sported the Nazi flags, wore camouflage, carried
scary looking rifles, and supported white supremacy. They were aggressive for engaging in this
protest, and they must be condemned for it.
And thus,
when the President referred to hatred, violence and bigotry on many sides, he
was condemned for not placing blame entirely on the “neo-Nazis” and “white
nationalists.”
The problem
is that accepted narrative ignores the intentions of many of those who came to
Charlottesville for the counter-protests.
Many of the counter-protestors deemed that the speech of the protestors
was not worthy of being expressed freely.
Many came with the intent of thwarting fee speech, and to do so violently
if necessary. They came with the
invitation of many city residents, who did not want a message of hate to be
expressed in their city. They came with
their own hate and bigotry.
And those
counter-protestors who aimed to suppress free expression were aided. They were aided by businesses, such as Airbnb
and Uber, who cancelled contracts and reservations made by those who intended
to protest the removal of the statue of General Lee. They were aided by the press, who mostly have
an agenda to denounce racism and bigotry, and therefore crafted their coverage
to make the protestors appear to be the sole bad guys. They were aided by the state and local governments
in Virginia, who allowed a situation that risked violence to exist, and then
sat by until that violence descended on the city before acting, again adding
credence to the narrative that the “white nationalists” and “Nazis” were solely
responsible for violence.
Let’s
consider some of the reporting of yesterday’s events. Almost universally, prior to the use of the
car as a battering ram, news articles described the protestors and their cause,
using words like “white nationalist,” “Nazis,” and “white supremacists,” but
then described the eruption of violence in the passive voice. That is, press reports used terms like “the
rally quickly exploded,” and “violence erupted.” In describing the actions of those in
attendance, press reports said things such as “people were seen throwing
objects.”
The use of
the passive voice is key. The passive
voice allows a writer to state that an action has occurred, but without
identifying who did the action. “A rock
was thrown,” but who threw the rock?
But, by
mentioning the protest groups first, and emphasizing their hateful agenda, the
news articles were giving the impression that it was the “white nationalists” or
“Nazis” who instigated the violence without outright stating it. Indeed, the press was quick to point out how
protestors were openly carrying firearms, an act that is legal in
Virginia. But of course openly carrying a
firearm must indicate a tendency toward violence. Thus, the images and reporting gave the impression
that it was the protestors who meant to instigate the violence
Who did
instigate the violence? I was in Dover,
Delaware and not Charlottesville, so I cannot rightly say.
What I can
say is that I got more information from monitoring the Virginia ACLU’s Twitter
feed than I did from the press. What I was able to derive from the ACLU was
that the protestors were outnumbered by counter-protestors, that the counter-protestors
included so-called “antifa” groups, which is short for anti-fascists, that some
of the antifa protestors themselves wore intimidating black outfits and sported
shields, helmets and weapons, that the counter-protestors taunted the protestors
as they made their way toward Emancipation Park, that both protestors and counter-protestors
threw objects at each other such as rocks and water bottles, and that the
police, who were present in force and in riot gear, were given orders not to
intervene even when fist fights erupted and injuries ensued.
Press
reports were quick to note the slogans of the protestors, such as “blood and
soil.” And of course, the use of the
word “blood” gives the impression of a group ready to use violence. But blood can also refer to heritage, such as
“the blood of my ancestors.” And it was
only by chance that I found reported in
the UK Daily Mail that some counter-protestors yelled slogans such as “we’re
here, we’re gay, we fight the KKK.”
Certainly, “fight” has many connotations, such as a peaceful
struggle. But “fight” can also refer to
violent conflict. And again, it was only
from the Virginia ACLU Twitter feed that I learned that some counter-protestors
yelled things such as “punch a Nazi in the face,” and “f*** you” to protestors,
obvious statements meant to instigate and incite violence.
The fact
that these counter-protestors’ slogans and statement were buried by the
mainstream US press indicates a bias in reporting; that the US press on the
scene had an agenda of denouncing the “white supremacists” and “Nazis,” and
highlighted slogans from the protestors that gave an impression of a violent
intent, while downplaying the slogans from counter-protestors that also gave an
impression of a violent intent.
Another example
of the shoddy reporting of yesterday’s events concerns the declaration of the
police that the event was an “unlawful assembly.” Media outlets all reported that an “unlawful assembly”
had been declared. But no media outlet
took of the step of engaging in in-depth analysis to research and explain what
an “unlawful assembly” is.
To find the
answer, all one had to do was to look in the Virginia criminal code. An “unlawful assembly” occurs when three or
more people assemble with the common intent to advance some purpose (which can
be lawful or unlawful) with the commission of acts of force or violence, or acts
likely to jeopardize the public safety, peace or order. But the criminal code only defines what an “unlawful
assembly” is, and states that those who participate are guilty of a class 1
misdemeanor. The law does not give the government
the right and authority to declare an event an “unlawful assembly.” To the contrary, it is a criminal charge that
must be brought and proven beyond a reasonable doubt to a court of law. Police do have the right to warn people to
disperse. And those remaining after such
a warning run the risk of being found guilty of a class 3 misdemeanor if the
event is found, by a court of law, to have been an “unlawful assembly.”
The manner
by which the declaration of an “unlawful assembly” was reported, therefore, was
misleading. It is not the case that the
police can unilaterally revoke a lawfully obtained permit for a demonstration
by making a declaration of an “unlawful assembly.” This was the initial impression I was given
by the media reports. The most that the
police can do is to give people a warning to disperse from an event, and give
notice that the police considered the event an “unlawful assembly,” giving
warning that the police intended to charge people who remained with a
misdemeanor under Virginia law. But it
would be a criminal charge that would still have to be proven beyond a
reasonable doubt in front of a Virginia court.
A police declaration of an “unlawful assembly” may be a consideration in
court, but not conclusory.
Nonetheless,
the warning applied equally to all in attendance, not just to the “white
nationalist” protestors. This would mean
that the counter-protestors, such as the antifa groups, ran an equal risk of
being arrested and charged with a crime for not dispersing.
But again,
this was not reported by the press during the event, thereby giving an impression
that something those gun-toting racist Nazis did sparked the declaration.
Whether we
want to believe it or not, the fix was in.
The press did not like the message of the protestors. The press, therefore, shaped the story to
give the impression that the protestors were the bad guys, and that the
protestors instigated the violence without outright stating who threw the first
punch.
And yes, the
protestors’ message was hateful. The
idea of racial superiority is hateful.
Toting Nazi flags and the Confederate battle flag, wearing t-shirts with
quotes from Adolf Hitler, and even just the appearance of known klansman David
Duke, all of it is hateful and aggressive.
All of it is offensive. All of it
is unpopular, and rightfully so, to the vast majority of Americans. And this is why almost universally politicians
and community leaders condemned the protests in Charlotte. But can you say that the hateful message
itself is solely responsible for the violence?
Or were there people, a sizeable number too, who took it upon themselves
to protest the protestors, and do so in their own aggressive manner? Were there people who took it upon themselves
to enforce their version of correct thinking, and who descended upon the tiny
town of Charlottesville with the intent of intimidating the intimidators? Could it be that the responsibility for the
violence falls not just on the shoulders of the protestors with the hateful
message, but also on the counter-protestors who came looking for a fight? The counter-protestors who themselves had
hatred and bigotry in their hearts. But
of course, it is hatred and bigotry that is acceptable, because it was aimed at
those evil “Nazis” and “white supremacists.”
But that is
not the popular thing to say. The vast
majority of Americans want to show their opposition to racism, and rightfully
so. Indeed, we as Americans, myself
included, want to stamp out racism and build a society based on equality and
respect for all, no matter skin color or heritage. So, the popular thing, in denouncing the white
supremacists and their agenda is to call them terrorists, and label the events
in Charlottesville as a terrorist act.
But was
it? What is the poof? Well, a supposed white supremacist raced a
car down a city street, filled with counter-protestors and other cars, injuring
19 people and killing one. The driver
has been caught, and is now facing several criminal charges, including
murder. The act was vile. The diver is inhuman, and deserves to have
the full force of the law thrown against him.
But was it
terrorism? Terrorism implies an
organized effort of a group of people to commit such a heinous act so as to
instill fear. The act was certainly
heinous. But there is no indication was
it was pre-planned. Indeed, some press reports
are indicating that a counter-protestor threw a rock at the driver moments before
the driver careened down the crowded street, either with the intent to serious
hurt or kill someone, or totally indifferent to the possibility that his act of
anger would hurt or kill someone. There
is no indication that it was pre-planned, or that anyone else in the group of
protestors incited him to do it.
It was
committed by a man who was twenty. Those
of us who live in Virginia and have children about ready to become driving age
are taught that the parts of the brain that control judgment and impulses do
not fully develop until the age of twenty-five.
This is not to excuse his behavior.
But it is meant to point out that the most abhorrent act of violence was
committed by an immature jerk, who may have been provoked, and who chose to
give in to the immediate anger, knowing full well the probable consequences to
the innocent lives in his path. It is
certainly a crime. The circumstances
should certainly influence the eventual punishment from a court of law. But calling it terrorism is simply an attempt
to use the acts of one out of control jerk with anger issues to imply
criminality on a group because that group’s message is hateful and unpopular.
So, for the sake
of our democracy, and out of defense of one of the rights we hold so dear, I
dissent. At this point, I refuse to buy
the popular narrative that it was only the “white supremacists,” “white
nationalists” and “Nazis” who were responsible for the violence. There were counter-protestors who came
looking for a fight. Government action
allowed the situation to exist, and then allowed the situation to fester beyond
control. I abhor the message of racism
and bigotry. But there is a lot of blame
for yesterday to go around. I refuse to
place that blame solely on one group simply because I find that group’s message
offensive and distasteful.
William J.
Kovatch, Jr.