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"Mississippi stands as an outlier among its sister states, bucking a clear national trend in our nation against permanent disenfranchisement."
A U.S. federal appellate court on Friday ruled that a Jim Crow-era Mississippi law permanently disenfranchising people with certain felony convictions is unconstitutional.
In a decision that can be appealed to the full U.S. 5th Circuit Court of Appeals, a three-judge panel of the tribunal ruled 2-1 that Section 241 of Mississippi's 1890 Constitution "violates the Eighth Amendment's prohibition on cruel and unusual punishment and the 14th Amendment's guarantee of equal protection under the law."
Last August, the 5th Circuit affirmed Section 241 ,with dissenting Judge James E. Graves Jr., a Black Mississippian, lamenting that when his colleagues were "handed an opportunity to right a 130-year-old wrong, the majority instead upholds it."
The U.S. Supreme Court declined to hear an appeal of the ruling, prompting a scathing dissent from liberal Justice Ketanji Brown Jackson.
"In the last 50 years, a national consensus has emerged among the state legislatures against permanently disenfranchising those who have satisfied their judicially imposed sentences and thus repaid their debts to society," Friday's ruling states. "Mississippi stands as an outlier among its sister states, bucking a clear national trend in our nation against permanent disenfranchisement."
Friday's ruling is the result of a 2018 lawsuit filed by the Southern Poverty Law Center and ACLU on behalf of plaintiffs including Dennis Hopkins, who has been disenfranchised since 1998 due to a grand larceny conviction.
"In school, they teach our kids that everybody's vote counts, but no matter how I've lived for the past 20 years, I don't count, not my values or my experience," Hopkins said when the suit was filed. "I have paid Mississippi what I owe it in full, but I still can't cast my vote for my children's future."
Section 241 "mandates permanent, lifetime disenfranchisement of a person convicted of a crime of any one of 'murder, rape, bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement, or bigamy,'" according to the ruling.
As the NAACP Legal Defense Fund (LDF) notes, "Section 241 permanently disenfranchises people convicted of 10 specific crimes, eight of which were chosen by all-white delegates in 1890 and based on their belief that Black people were more likely than white people to be convicted of those crimes."
There are currently more than 20 crimes that disenfranchise Mississippians from voting. The state—which according to the Sentencing Project is one of only 12 with lifetime disenfranchisement—added 11 more offenses to the ban list in 2005.
In contrast, everyone age 18 and up—including currently incarcerated individuals—has the right to vote in Maine and Vermont.
While Black Mississippians are 36% of Mississippi's voting-age population, they make up 59% of its disenfranchised people.
"Section 241 is Jim Crow law, which created a deliberate and invidious scheme to disenfranchise Black people," said LDF assistant counsel Patricia Okonta.
"Today, Black Mississippians continue to be disproportionately harmed by this provision," Okonta added. "While the state is home to the highest percentage of Black Americans of any state in the country, it has not elected a Black person to statewide office since 1890."
According to the Felony Murder Elimination Project, a California-based advocacy group:
Over 215,000 people in Mississippi were disenfranchised as of 2019, representing almost 10% of the entire state population. Of this total, only 7% are incarcerated. The remaining 93% are living in the community either under probation or parole supervision, or have completed their criminal sentence. The number of African American residents disenfranchised in Mississippi numbered 127,130 in 2016 or nearly 16% of the Black electorate.
"No one disputes that Mississippi's felon disenfranchisement law was enacted more than 100 years ago for the announced purpose of maintaining white supremacy and blocking Black citizens from voting," ACLU national legal director David Cole said in a statement.
"Racially motivated laws don't become valid over time," Cole added. "It's just as unconstitutional today as it was when it was enacted. That such a law remains on the books today is a stain on the state's law books, and plainly unconstitutional."
"Moms for Liberty is linked with the Proud Boys, a chapter quotes Hitler, they are behind book bans, they are funded by right-wing groups and... ABC News calls them 'joyful warriors,'" wrote one observer. "The whiteness of it all is exhausting."
ABC News this week joined other U.S. corporate media outlets in being accused of "normalizing" Moms for Liberty after publishing what one critic called a "puff piece" on the right-wing group that's behind a wave of school book bans and is linked to the neofascist Proud Boys and the Qanon conspiracy theory.
On Saturday, ABC News published an article by Brittany Shepherd titled "Moms for Liberty Are Fired Up in Philadelphia" as the self-described "parental rights" organization held its annual conference in Pennsylvania's largest city, where crowds of protesters turned out to denounce the group's bigotry.
"Did ABC let Moms for Liberty write this puff piece themselves?"
"They call themselves joyful warriors—but this group of conservative moms are mad," Shepherd wrote in her lede.
Author and Daily Beast columnist Wajahat Ali called the article "shameful."
"Moms for Liberty is linked with the Proud Boys, a chapter quotes Hitler, they are behind book bans, they are funded by right-wing groups and... ABC News calls them 'joyful warriors,'" Ali tweeted. "The whiteness of it all is exhausting."
Historian Kevin Kruse wondered, "Did ABC let Moms for Liberty write this puff piece themselves?"
Brandon Wolf, press secretary for the LGBTQ+ advocacy group Equality Florida, noted that a Moms for Liberty chapter in Indiana included a quote from Adolf Hitler in its inaugural newsletter. The chapter chairperson subsequently apologized.
Founded in Florida in 2021 to oppose Covid-19 lockdowns and mandates, Moms for Liberty quickly gained a reputation for its anti-LGBTQ views and its harassment of school officials in service of the organization's far-right agenda.
The group—which says it has more than 115,000 members in 245 chapters in 45 states—wants to erase mention of LGBTQ+ rights, systemic racism, diversity, and other "woke" topics from school curricula.
Moms for Liberty—many of whose chapters are linked to extremist groups like the Proud Boys and Three Percenters as well as the Qanon conspiracy theory—has spearheaded a successful movement to ban books, especially ones with LGBTQ+ and racial themes, from school libraries across the nation.
The American Library Association said earlier this year that it had recorded 1,269 demands to censor books from various groups and individuals in 2022, compared to 729 challenges counted in 2021.
In her article, Shepherd wrote how the Moms for Liberty conference "showcases how local issues like education can have tremendous, galvanizing national influence, as Gov. Ron DeSantis, former President Donald Trump, and former U.N. ambassador Nikki Haley tried to woo nearly 700 attendees."
The article continued:
Several key breakout sessions at the center of the group's mission, such as "Protecting Kids from Gender Ideology" and "Getting Flipped School Boards To Take Action" were kept behind closed doors, with media access barred. But still, the enthusiasm at open events was palpable, nearly bouncing off the ballroom walls.
The piece does note that Moms for Liberty is designated an extremist group by the Southern Poverty Law Center for spreading "hateful imagery and rhetoric against the LGBTQ community."
However, two paragraphs later Shepherd wrote that "Republicans will need this group to make up any lost ground" from last year's midterm elections.
In a Friday interview by MSNBC's Nicolle Wallace, extremism expert Kristofer Goldsmith urged viewers to spread the world about who Moms for Liberty are and what they stand for.
"We are talking book burning. We're talking about racism and we're talking about persecuting the LGBTQ community. These are the Proud Boys with a wig and lipstick," Goldsmith said. "That is all that they are. And because of the words 'Moms for Liberty,' not a lot of people are going to understand that."
"So folks watching this need to be evangelists, right?" he added. "You need to get out online and talk to your friends about what Moms for Liberty is, and help them understand that they are a pipeline into the most radical of extremism in this country."
As Banned Books Week began Monday in the United States, a leading advocacy group published an updated report warning of a surge in right-wing efforts to censor and ban titles--many of them related to the struggles of marginalized peoples--in American schools.
"More books banned. More districts. More states. More students losing access to literature. 'More' is the operative word for this report on school book bans," begins the update to PEN America's Banned in the USA: Rising School Book Bans Threaten Free Expression and Students' First Amendment Rights, which was published in April and covered the first nine months of the 2021-22 scholastic year.
"This is a concerted, organized, well-resourced push at censorship," PEN America chief executive Suzanne Nossel toldThe New York Times, adding that the effort "is ideologically motivated and politically expedient, and it needs to be understood as such in order to be confronted and addressed properly."
\u201c.@PENAmerica has released a report which shows the majority of banned books have either LGBTQ themes or characters of color. \n\nThis comes amid reports that the number of challenges in 2022 is on pace to shatter the record number seen in 2021. \n\nhttps://t.co/z1hVi91UXY\u201d— City Lights Books (@City Lights Books) 1663610114
The revised report--which shares the Banned in the USA title with the first music album to ever carry a parental advisory sticker--notes that PEN America's Index of School Book Bans now lists at least 2,532 instances of 1,648 titles being banned. That's up from 1,586 banning incidents involving 1,145 books reported in the April publication.
The bans occurred in 138 school districts across 32 states. In 96% of cases, bans were enacted without following the best practice guidelines for challenging controversial titles outlined by the American Library Association and the National Coalition Against Censorship.
More than 40% of the banned books in the report deal with LGBTQ+ themes, while 21% "directly address issues of race and racism," 22% "contain sexual content," and 10% are "related to rights and activism," according to PEN America.
\u201cLearn about fighting book bans from @FReadomFighters co-founder Carolyn Foote @technolibrary, @FLFreedomRead founders @JenCousinsFL @FerrellStephana, #BannedBooksWeek Youth Honorary Chair @cameronjsamuels! 9/21 1:30pmCDT https://t.co/pVDn7PGLTe\u201d— ALA OIF (@ALA OIF) 1663611122
PEN America identified at least 50 national, state, and local groups pushing to ban or restrict books in U.S. schools.
The largest of these groups, the right-wing Moms for Liberty, has over 200 local chapters and has gained notoriety for its anti-LGBTQ+ advocacy, for vehemently opposing Covid-19 mask mandates in schools, and for spreading the baseless claim that one local school district was placing litter boxes in bathrooms for students who identify as cats.
Another right-wing group named in the report, MassResistance, is a Southern Poverty Law Center-designated hate group that claims the January 6, 2021 attack on the U.S. Capitol was "clearly a setup" and that there is a "Black Lives Matter and LGBT assault" on American schools.
The group also called parents who opposed its book-banning efforts "groomers," a slur conflating the LGBTQ+ community with pedophilia.
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"Book challenges impede free expression rights, which must be the bedrock of public schools in an open, inclusive, and democratic society," PEN America said in the updated report. "These bans pose a dangerous precedent to those in and out of schools, intersecting with other movements to block or curtail the advances in civil rights for historically marginalized people."
"Against the backdrop of other efforts to roll back civil liberties and erode democratic norms," the group added, "the dynamics surrounding school book bans are a canary in the coal mine for the future of American democracy, public education, and free expression. We should heed this warning."