The Color of Free Speech in America

BREAK IT DOWN!

On July 4, 250 members of the Patriot Front marched through the streets of Washington, D.C. One poignant photo captured by Reuters photographer Cheney Orr featured a young (unidentified) Black woman in a DC train car, loaded with masked members of the White Supremist group. She did not avert her eyes. Rather she sat in solemnity amid the cowards who refused to reveal their faces…ostensibly because they may be your neighbor, your relative, your boss, or perhaps, even your subordinate. The Trump administration has not condemned this act, and Interior Secretary Doug Burgum called the march an expression of free speech.

Considering that Trump and the GOP have promoted recent efforts to roll back diversity, equity, and inclusion programs, weaken the Voting Rights Act, and challenge majority-Black voting districts, characterizing a White Supremacist march as free speech is, well, special. 

The strategies, if you want to call the march a strategy, may appear to belong to different worlds. One is a street demonstration by an openly white nationalist organization; the others involve formal politics, litigation, legislation, and administrative policy. Yet comparing them reveals an important tension in American public life: extremist movements often express racial hierarchy in blunt symbolic terms, while mainstream political actors can pursue race-conscious outcomes through the language of colorblindness, institutional neutrality, or anti-discrimination.

Patriot Front’s march was explicit theater. Reports described masked members carrying Confederate flags, chanting “Reclaim America,” and presenting themselves as defenders of a supposedly endangered national identity. The group has been identified by civil rights monitors and news organizations as white supremacist and anti-immigrant. Its message depends on spectacle: uniforms, flags, synchronized movement, and the occupation of symbolic space on Independence Day. The point is not merely to argue policy but to project intimidation and belonging—who counts as “real” America and who does not.

By contrast, Republican opposition to DEI, race-conscious voting protections, and Black-majority districts is usually framed in institutional and legal terms. DEI programs are criticized as unfair preferences or ideological bureaucracy. Section 2 of the Voting Rights Act is challenged as an improper use of race in districting. Majority-Black districts are described by opponents as racial gerrymanders rather than remedies for vote dilution. This position presents itself as a defense of equal treatment: government, schools, and employers should not classify people by race, even for remedial purposes.

The contrast, then, is one of style, legitimacy, and mechanism, but January 6, 2021, complicates the boundary between symbolic politics and political violence. Patriot Front operates outside the mainstream and uses openly exclusionary symbolism. GOP policy arguments operate through courts, state legislatures, school boards, executive orders, and agency rules. Yet the attack on the U.S. Capitol showed how claims about a stolen election, when amplified by political leaders and accepted by organized supporters, can move from speech into coercive action. The First Amendment protects protest, assembly, petitioning government, and even harsh or offensive political expression; it does not protect violence, true threats, or incitement directed toward imminent lawless action. That is of course, unless the President of the United States opts to grant clemency to roughly 1600 convicted January 6th defendants, which Trump did by signing Presidential Proclamation 10887, on his first day in office, January 20, 2025. The vast majority received full pardons, while there were 14 commutations, and several hundred dismissals of pending prosecutions.  

This First Amendment distinction is essential to the comparison. Patriot Front members have a constitutional right to march and express hateful views so long as they do not engage in violence, targeted intimidation, or unlawful conduct. Likewise, Republicans have a constitutional right to argue that DEI programs are unfair, that race-conscious districting is unconstitutional, or that voting-rights law has gone too far. But constitutional protection for speech does not settle the moral or democratic consequences of that speech. The question is not simply whether a march, slogan, lawsuit, or campaign message is legally permitted. It is whether the protected expression is being used to expand democratic participation or to normalize the exclusion of disfavored groups from equal citizenship.

Moreover, the comparison becomes sharper when one looks at consequences rather than language. Eliminating DEI can reduce institutional efforts to address racial exclusion in hiring, education, contracting, and workplace culture. Weakening the Voting Rights Act makes it harder for Black voters to challenge maps that dilute their political power. Eliminating majority-Black districts can reduce Black representation, especially in Southern states where racially polarized voting remains significant. Even if the stated rationale is colorblindness, the practical effect likely results in preserving or restore existing racial disparities.

While that does not mean the GOP position and Patriot Front’s ideology are identical…it does demonstrate how they may achieve similar ends. It is important to distinguish a political party’s legal arguments from a white supremacist movement’s open racial nationalism. Many conservatives say they sincerely believe DEI programs are divisive and that race-based districting conflicts with equal protection principles. A democratic society must allow debate over how best to remedy discrimination. But the distinction in motive does not erase the overlap in effect when both approaches weaken tools designed to counter racial hierarchy.

The central difference is that Patriot Front dramatizes white grievance as an identity movement, while anti-DEI and anti-Voting Rights Act politics translate similar anxieties into policy. The central similarity is that both can narrow the meaning of equal citizenship. 

January 6 adds another warning: democratic speech becomes dangerous when it is used not to persuade voters, but to delegitimize votes, intimidate public officials, or overturn lawful political outcomes. One form of exclusion marches through the capital under white nationalist symbols; another dismantles institutions created to expand participation and representation; still another attacks the peaceful transfer of power while invoking constitutional freedom. In that sense, the issue is not only whether racism is shouted in the streets, argued in court, or defended as free expression. The deeper question is whether American democracy will protect the First Amendment while also defending the voting rights, representative districts, and civic remedies necessary to make equality real. The answer will go a long way in determining “The Color of Free Speech in America!”

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This post was augmented by the use of AI.

In Black & White: Racism or Just My Imagination

It’s time to Break It Down!

Just a quick note about a subject that merits much more discourse than I am going to give it today. Yesterday, Hunter Elward, a former Mississippi sheriff’s deputy who was a member of a group that described itself as the “Goon Squad,” was sentenced to 241 months in prison for his role in torturing two Black men last year, after the two men were reported for staying in a home with a White woman. Jeffrey Middleton was sentenced to 17.5 years.

U.S. Judge Tom Lee, who sentenced Hunter Elward, and Jeffrey Middleton, two of the six “Goon Squad” members, is also set to sentence the other four renegade former lawmen who admitted subjecting Michael Corey Jenkins and Eddie Terrell Parker to various and sundry acts of racist torture. It is commonplace for White people in America to object to being called racist. In that light, I will not even deign to assert that these former officers were racist. However, due to the Court’s charges, and the defendants’ subsequent admissions, their behavior met the criteria. I’ll leave it at that. You may decide for yourself.

Prior to sentencing, Judge Lee characterized Elward’s and Middleton’s crime as egregious and despicable,” and opined a “sentence at the top of the guideline range is justified – is more than justified. It’s what the defendants deserve. It’s what the community and the defendants’ victims deserve.”

The terror unfolded on January 24, 2023, with a racist call for extrajudicial violence. A White person called Rankin County Deputy Brett McAlpin to register a complaint that two Black men were staying with a White woman at a house in Braxton, Mississippi. McAlpin told Deputy Christian (ironically named, apparently) Dedmon, who in turn texted a group of White Deputies so willing to use excessive force, they called themselves “The Goon Squad.”

This led to the group of six, five Deputies, and a police officer, bursting into the home, with no warrant in hand, and assaulting Jenkins and Parker with stun guns, a sex toy, and other objects. Elward, by his own admission, shoved a gun into Jenkins’ mouth and fired it, in a “mock execution” that went awry.

The “Goon Squad” handcuffed Jenkins and Parker and poured milk, alcohol, and chocolate syrup over their faces. They forced them to strip naked and shower together to conceal the resulting disarrayed clutter. They hurled racial slurs at the victims and shocked them with stun guns.

After the mock execution went left, they attempted to execute a coverup that including planting drugs and a gun. The false charges associated with that ruse stood for months.

Not surprisingly, the victims, Jenkins and Parker called for the “stiffest of sentences” at a news conference Monday.

Jenkins noted, “It’s been very hard for me, for us. We are hoping for the best and preparing for the worst.”

Jenkins, who was shot in the mouth, endured a lacerated tongue and a broken jaw. He still experiences difficulty speaking and eating.

Attorney Malik Shabazz, an attorney for both victims, said the results of the sentencing hearings could have national implications.

He went on to say, “Michael Jenkins and Eddie Parker continue to suffer emotionally and physically since this horrific and bloody attack by Rankin County Deputies. A message must be sent to police in Mississippi and all over America, that level of criminal conduct will be met with the harshest of consequences.”

An investigation by The Associated Press, prior to charges being filed, linked some of the deputies to at least four violent encounters with Black men since 2019, that left two dead and another with long term injuries.

In addition to Mr. Elward, and Mr.. Middleton, the other former officers charged include McAlpin, Dedmon, and Daniel Opdyke of the Rankin County Sheriff’s Department, and Joshua Hartfield, a Richland police officer. They pleaded guilty to charges including conspiracy against rights, obstruction of justice, deprivation of rights under color of law, discharge of a firearm under a crime of violence, and conspiracy to obstruct justice. Court papers identified Hunter Elward as one of the “Goon Squad” members. The others identified as part of the “Squad” were Middleton and Opdyke.

Elward faced a maximum federal sentence of 120 years, plus life in prison and $2.75 million in fines, as does Dedmon. Hartfield faces a possible sentence of 80 years and $1.5 million. McAlpin faces 90 years and $1.75 million, Middleton faces 80 years and $1.5 million, and Opdyke could be sentenced to 100 years with a $2 million fine.

All the former officers agreed to prosecutor-recommended sentences ranging from five to 30 years in state court, but time served for separate convictions at the state level will run concurrently with the potentially longer federal sentences.

Interestingly, Ranking County, which is majority-white, is just east of the state capital, Jackson, home to one of the highest percentages of Black residents in any major U.S. city. The officers warned Jenkins and Parker to “stay out of Rankin County and go back to Jackson, or ‘their side’ of the Pearl River,” according to court documents, referring to an area with a higher concentration of Black residents.

These crimes, committed by men charged with, and authorized to, enforce the law, hearkened back to Mississippi’s dark history, including the 1964 killing of three civil rights workers after a Deputy handed them off to the Ku Klux Klan. People like to pretend such acts are relegated to the past, which brings to mind Faulkner’s sage observance: “The past is never dead. It’s not even past.”

Bryan Bailey is the Sheriff of Rankin County. He supervised the five Deputies who, along with a Richland police officer, committed the crimes. For months, Sheriff Bailey said little about the episode. After his officers pleaded guilty in August, he said the officers had gone rogue, and promised to change the department. Jenkins and Parker have called for his resignation, and they have filed a $400 million civil suit against the department. “In Black & White: Racism or Just My Imagination!”

I’m done; holla back!

Read my blog anytime by clicking the linkhttp://thesphinxofcharlotte.comFind a new post each Wednesday.

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For more detailed information on a variety of aspects related to this post, consult the links below:

https://www.nbcnews.com/news/us-news/mississippi-goon-squad-ex-deputy-gets-20-year-sentence-racist-torture-rcna144104