The Nixon Papers: The Latest Ugly Turn in an Old Story

http://hnn.us/articles/1788.html

This is what trump is referring to when he says the government had to buy Nixon’s papers and they should be buying his.  I did not know of this and had to look it up and I figured maybe others might not know of this also.   Hugs

Mr. Kutler is the author of The Wars of Watergate.

Reports circulated recently that Congress is considering a proposal to give former President Richard M. Nixon’s Yorba Linda museum possession of his presidential materials, including some 46 million pages, hundreds of video tapes, and the unique cache of 4000 hours of taped conversations. Such legislation could close off public access, and allow for the destruction of millions of valuable, still-unprocessed, primary sources.

After Nixon resigned in August 1974, the Ford Administration acknowledged his ownership of the materials — including the right to destroy them. Congress objected, however, and passed the Presidential Recordings and Materials Act in 1974, taking control of the materials, insuring their deposit in the Washington area, and providing that the records be opened and made available to the public.

During his lifetime, Nixon successfully resisted various efforts to implement the law. He devised a maze of delaying tactics, and even secured the cooperation of the National Archives to keep the tapes sealed. When the Archives was sued to force compliance with the law, Nixon intervened. His death in 1994 seemingly ended the matter, as his family and estate no longer could afford the expense of further challenges. The lawsuit was settled, with the tapes opened, access secured, and matters of ownership, possession, and control finally resolved. Or so we thought.

Now, Nixon’s heirs and designees have resorted to stealth tactics to reverse settled laws and practices of thirty years and have his papers and tapes shipped to California. The proposed legislation has been promoted by a “bi-partisan,” well-connected, firm of lobbyists, which contends that “it’s in everyone’s interest to get all the records in one place, and in the hands of the archivist.” They are in one place, in “his hands,” in College Park, Maryland. If the Nixon people want the material in Yorba Linda, they can copy it, and do what they want with it, including maintaining their own peculiar vision of the Nixon presidency. That undoubtedly would be a lot cheaper than sending everything to California.

Richard Nixon’s heirs and friends continue to battle for control of his presidential records, just as vigorously as he did. The victory they seek would enable them to determine what may or may not be seen by historians and the public. And not incidentally, they would gain the considerable advantage of having the government provide housing for the material and maintaining their museum.

The Nixon Museum has not proven worthy of our trust. Listen to the so-called “smoking gun” tape on display at Yorba Linda. As played there, it is virtually impossible to understand the subject of discussion, and the extent of Nixon’s criminal actions. Will the curators play any new tapes, ones in which Nixon bluntly and openly speaks of his hush money payments to the burglars? Not likely. At Yorba Linda materials are used to resurrect Nixon’s familiar ploy of re-writing his own history, as he wished it to be. Only open, unbiased access to documents will get us closer to historical truth.

Why is this being done so secretly and swiftly? Where is the input by other interested parties, particularly archivists and historians? Important public policy decisions should be made with public scrutiny and participation. History is too important to be left to the Nixon Foundation, their lobbyists, and friends.

This issue should not be settled behind closed doors by lobbyists and fixers. The public is entitled to open hearings, hearings that will consider the financial costs and the sanctity of historical records for the proposed move.

Let the National Archives complete the processing of the President’s papers and tapes. The Archives is our national repository for national records, records that speak for themselves to our history and our understanding of the past. We need no political intervention to determine such matters.

Several years ago, the Nixon Foundation received $18 million as a payment for the government’s alleged “taking” of the Nixon Papers. That was a questionable concession — one largely arranged in a manner similar to the present undertaking. But all agree that the $18 million was a form of compensation for the papers. Now, the Nixon people want control of the papers. Can we at least have the $18 million paid back to the government?

A quarter century ago, during one of President Nixon’s periodic battles to gain control of his presidential papers and tapes, the Supreme Court rejected his claim. Justice John Paul Stevens noted that after three years it already was clear that the President had proven to be an “unreliable custodian” of his papers. Nothing has changed.

Yes, Bill Clinton kept tapes in his sock drawer. Here’s why Trump’s case is different

https://www.politifact.com/article/2023/jun/12/why-the-bill-clinton-sock-drawer-case-is-not-compa/

President Bill Clinton gestures while giving his State of the Union address Jan. 19, 1999, on Capitol Hill in Washington. (AP)

President Bill Clinton gestures while giving his State of the Union address Jan. 19, 1999, on Capitol Hill in Washington. (AP)

IF YOUR TIME IS SHORT

  • President Bill Clinton was interviewed by a historian while he was in office. Clinton kept the audiotapes in his sock drawer.

  • Judicial Watch, a conservative group, asked the court in 2010 to declare the tapes presidential records under the Presidential Records Act. The group wanted the National Archives to assume custody of the tapes and put them in the Clinton presidential library.

  • U.S. District Court Judge Amy Berman Jackson ruled against Judicial Watch. She wrote that the act distinguishes official presidential records from personal records. 

 

As former President Donald Trump defended himself against federal charges involving classified documents, he described what sounded like a case of political hypocrisy. 

President Bill Clinton kept audiotapes in a sock drawer and a court said it was OK, Trump said a day after being indicted on federal charges that he mishandled classified documents.

“They also don’t mention the defining lawsuit brought against Bill Clinton,” he told a Columbus, Georgia, crowd June 10, “and it was lost by the government — the famous socks case that says he can keep his documents. They don’t mention that. These are minor details. And that’s the ruling law.”

Trump has commented about the so-called Clinton socks case for months, recently writing on his social media platform, Truth Social, “Under the Presidential Records Act, I’m allowed to do all this. Under the Clinton socks case, the decision is clear.”

Trump’s description distorts the facts. The case was not “lost by the government” — the government didn’t file the case — it was filed by a private group, Judicial Watch.

But Trump is making a faulty comparison. The judicial ruling in the Clinton socks case does not give Trump permission to keep hundreds of classified documents after his presidency ended at his Mar-a-Lago estate.

Trump was indicted on 37 counts June 9, including the “willful retention of national defense information” relating to his unauthorized possession and storage of federal documents, including classified documents.

Judge ruled against group seeking access to audiotapes of Clinton

When Clinton was president, he was interviewed dozens of times by historian Taylor Branch to create an oral history of his presidency from 1993 to 2001. 

CBS, GQ and USA Today wrote that Clinton kept the audiotapes in his sock drawer. In 2009, Branch published a book titled, “The Clinton Tapes: Wrestling History with the President.” 

Judicial Watch, a conservative group, sued the National Archives and Records Administration in 2010, asking the court to declare the audiotapes presidential records under the Presidential Records Act. The group wanted the court to order the National Archives to assume custody of the tapes and deposit them in the Clinton Presidential Library. Clinton left office in January 2001.

The National Archives had told Judicial Watch that the materials were personal records that did not fall within the Presidential Records Act’s purview.

U.S. District Court Judge Amy Berman Jackson, an Obama appointee, dismissed the case in 2012. Jackson said the law distinguished the tapes as “personal records,” distinct from “official” records. She wrote that the National Archives does not have the authority to designate materials as presidential records and lacked authority to seize control of them.

The Presidential Records Act requires that all “official” documents be returned to the National Archives upon a president’s departure. Former President Jimmy Carter signed the act in 1978, building upon legislation by Congress to stop former President Richard Nixon from destroying tapes linked to the Watergate scandal.

But Jackson wrote that the act described “personal records” as including documentary materials, diaries or journals that don’t relate to carrying out official duties.

The act requires that materials produced or received by the president “to the extent practicable, be categorized as Presidential records or personal records upon their creation or receipt and be filed separately.” Jackson wrote that the act “assigns the Archivist no role with respect to personal records once the Presidency concludes.”

The Presidential Records Act “does not confer any mandatory or even discretionary authority on the Archivist to classify records. Under the statute, this responsibility is left solely to the President,” Jackson wrote.

Trump and his allies point to the judge’s ruling

Bradley Moss, a Washington-based lawyer who works on national security cases, said Trump’s allies have misconstrued the Clinton socks case.

The socks ruling addressed whether a private party — Judicial Watch — could get a court to order the archivist to determine whether Clinton had improperly designated the audiotapes recorded during his presidency as personal.

​​”The court concluded that the Presidential Records Act did not give the judiciary that authority to require that of the Archivist,” Moss said in an email to PolitiFact. “This alternate dimension Mr. Trump thinks exists because of the case in which he can do whatever he wants with records from his presidency insulated from other statutory provisions like the Espionage Act is the stuff of lunacy.”

Trump was indicted under a provision of the Espionage Act that prohibits unauthorized possession of information related to national defense that could be used to injure the U.S. 

Jason R. Baron, former litigation director at the National Archives and Records Administration, also told PolitiFact that the Clinton recordings fit the definition of a “personal record.” 

“In contrast, the boxes of records taken to Mar-a-Lago appear to overwhelmingly contain records pertaining to the official business of the White House, and therefore should have been transferred immediately into the legal custody of NARA as presidential records,” Baron said.

Baron said, “No prior case has held that a president has absolute discretion to designate official government records — classified or unclassified — as his own personal records.”

Jackson’s ruling cited a prior appeals court opinion that said, “We did not hold (in a prior case) that the President could designate any material he wishes as presidential records, and thereby exercise virtually complete control over it notwithstanding the fact that the material does not meet the definition of ‘presidential records.’” 

Baron said, “it would contravene the very reason Congress created the Presidential Records Act were a court to allow a president to designate official records as his own personal records to do with what he pleases.”

There is no requirement that a subsequent federal district court judge must follow Jackson’s socks ruling. District court opinions are not binding on other district courts.

PolitiFact Senior Correspondent Louis Jacobson contributed to this report.

DeSantis: I Will Restore Army Base’s Confederate Name

Think how the black members of the military and other black workers at the base feel about working in a place named for someone who fought to keep them property to be used and abuse by whites.  Of course, the racist white Christian nationalist DeathSantis would force black soldiers to work at a base named for a white man who fought to keep them slaves and property.   Of course the racist white Christian nationalist bigot DeathSantis loves them confederates that attacked the very government he wants to lead as president.  DeathSantis and his followers agree with the losers who committed treason against the US government, and formed a union based on the right to deny civil rights and human personhood to a segment of the population.  They are doing it now to the LGBTQ+ community.   The right / republicans seem driven to deny others their humanity, rights, and freedoms they demand for themselves.   Think of it, they are demanding the right to oppress other members of the public, demanding that other people live according to the precepts of their church doctrines and racist bigotry even as they demand ever more privileges for themselves along with more accommodation of their beliefs.   What scares me is how powerful DeathSantis has become, all due to right wing media and his willingness to gaslight and lie to the public to get what he wants.   And make no mistake, what he wants is a white Christian ethnostate based on 1950s social norms.  Hugs  

The Raleigh News & Observer reports:

Florida Gov. Ron DeSantis, speaking at the NCGOP convention Friday night, said if he’s elected president he would reverse the recent decision to change the name of Fort Bragg to Fort Liberty.

The promise by DeSantis to restore the name of the major military installation just north of Fayetteville, which earned loud cheers and applause from a ballroom full of Republican delegates at the Koury Convention Center in Greensboro, came just as President Joe Biden and First Lady Jill Biden left newly named Fort Liberty after meeting with members of the armed forces.

“I also look forward to, as president, restoring the name of Fort Bragg,” DeSantis said to raucous cheers from the crowd. He added that he would “thank the people that have served there, and they’re proud of their service there.” “It’s an iconic name and an iconic base, and we’re not going to let political correctness run amok in North Carolina,” DeSantis said as the crowd continued to cheer.

Read the full article.

Braxton Bragg was not only a famously inept Confederate general who, per historians, “wantonly shot his own soldiers,” he personally owned over 100 slaves. USA! USA! As I did last week, I encourage you to watch the US Army’s excellent clip below about the name change.

 

So you can’t mention gays or coloreds in school, or teach little Tommy and Jane how to get help if they’re being molested, but it’s imperative that we honor people who waged war against the US to defend tyrannical slavery? I guess they’ve got their own priorities.

 

It’s like he just sits around all day imagining new ways to be an asshole.

 

I’ll restore Confederate names to army bases. I’ll make it illegal to talk about gay shit. I’ll make guns for teachers mandatory. I’ll do whatever it takes. Just please like me!

Please.

Anyone?

Braxton Bragg was not only a famously inept Confederate general who, per historians, “wantonly shot his own soldiers,” he personally owned over 100 slaves

 

Well, that explains part of why they like him so much.

He was inept, shot his own men and owned 100 slaves. I can see why he is a Republicans wet dream.

My brother and I were born at Fort Bragg, NC. I didn’t think anything of it until a few years ago — I assumed he must’ve been an honored leader. Imagine my surprise. When I heard the name change I thought, “About damn time.” There were plenty of MAGA types mad about it on Twitter, but there were also many people who served there or grew up on the base and were very happy.

Bragg was a fucking malignant anger clown loser even by Confederate standards. If he hadn’t been a West Point classmate of Jefferson Davis, he’d have been hanged. A bristly myopic slaver.

Bragg was not only a famously inept Confederate general who, per historians, “wantonly shot his own soldiers,”

Perfect model for the governor who pretty much did the same to his own people by opposing safety/health protocols & vaccines during COVID.

Great. So we’ve gone from re-litigating the 2020 election to re-litigating the Civil War

to them, it’s restoring the 50’s .. but not the nostalgia 1950’s .. but the 1850’s ..

Southerners have never stopped litigating the Civil War.

So far, DeSantis has made it clear he’d pardon Traitor Trump and make sure the Confederacy is represented in modern 21st century America.

He’s going for a very specific constituency who vote 100% of the time for MAGAts.

So, Dems better get on the ball because if they don’t vote in such vast overwhelming numbers they won’t have an opportunity next time.

His plan appears, to me anyway, to be to appeal to The Base, make it seem like he supports them AND their Glorious Tangerine Leader, so when T**** doesn’t get the nomination (for one reason or another) he can say, “All you poor, poor people, you and T**** were treated so, so badly. If you elect me, I’ll pardon him and you’ll all get your retribution!”

Why not rename it Fort Jesse Helms?
That has more racist cred; isn’t that the real intent?

Yes, and people of color are over-represented in the military—especially in the enlisted ranks—compared to the general population. But no doubt the assholes cheering DeSantis’ fantasy pronouncement were all white, and probably very few were veterans.

Fort White Hood.

Now that the old one is Fort Cavazos.

 

 

Matt Walsh DEVASTATED over Tennessee Drag Ban being ruled UNCONSTITUTIONAL (HUGE VICTORY for LGBTQ+)

I love how when Matt Walsh compares fully dressed drag queens reading to kids as obscene and sexual, lance reminds everyone about a place in public that many people of different sexes go wearing hardly anything, men in speedos and thongs, women in string bikinis all with kids around.   Yet no outcry from the maga conservative religious right.  Why because it is the beach or a pool and there is no association with the LGBTQ+ who are the real targets of the right.   Hugs

Steve Schmidt reacts to Donald Trump being indicted for multiple felonies | The Warning

Steve Schmidt reacts to the latest charges filed against former President Trump. He discusses that while Trump is presumed innocent until proven guilty, his indictment creates a dangerous hour for the Republican party and our nation as a whole.

Republicans are active traitors & a threat to our democracy.

Coming Out | This Is Who I Am

This video is from ten years ago.  Not that long ago, right.   Yet this boy describes some of the same feelings of being the only one that I did.  My gods his story was so close to mine except no one came to help me back in 1970s.  I suffered, took the abuse, tried to fight the bullies who had the backing of the teachers.  All on top of being abused at home.  If I only had someone to talk to about it all, any positive role model to turn to.   So much a lifetime of harm I could have been avoided / saved from if I had just had someone to go to who was LGBTQ+ friendly.   That is why we need the rainbow stickers and flags in classrooms, that is why we need pride rainbow merchandise in stores.  Social acceptance, and safety along with being able to be open by the LGBTQ+ kids.   This is what the right is desperate to remove and take away.  They don’t want acceptance of gays, lesbians, trans, and non-binary people.   They want a strict heterosexual 1950s cisgender role’s society.    Hell and be damned to those people that don’t fit that mold.   Their god and their comfort come first.  How many more kids need to suffer this way?  If your concern is for children, understand there are LGBTQ+ children in schools.   Hugs

OK, what an afternoon.

Hello all my friends.   On Monday, I got some steroid shots in my back muscles to help with the pain.  But they say it takes three days for full effects.   I have to admit depending on how bad / hurting I am, the shots can help almost with in minutes of the injection.   Because of people being on vacation I did not see my normal provider so the question I have did not get answered.  But let’s move on.

This morning I got up like around 5 AM not able to sleep, that is one of the effects that these steroids have on me, I can not sleep, and I feel better than ever.   I can breathe again, I can move better, and I am feeling so much better.   But with my fragile bone situation they have to be very careful how much steroids I get.  Yesterday I worked on our laundry while Ron worked on the house and I was so full of pain and swollen muscles, Ron wanted to forbid me from any work today.  That ended up being not the case, but he is very upset while being grateful.   

Hurricane Ian took the roof off the front room of our home, it was about 12 foot by 24 foot, give or take some inches for supports or such.   The county says it is 12 by 24, so that is what we go with.  Due to our roof being hit by other roofs and debris, our roof (which is a great AMS metal roof that has never failed)  split open on a tear on the south side of an east facing room roof and peeled it back over half the room.   That was my office and my electronics were in there,  

After the storm we had to close off the room because we had a double french door there and so say six or more feet.   In the emergency Ron and James but up sheets of plywood we had over the opening to prevent any water coming in and keeping the heat out.  It was not the greatest situation, but until the inner roof was installed we had to close that part of the house off.   So recently we got the panels that we ordered right after the hurricane, so Ron and James put the inner roof up.  Ron has worked for a while to calk and fix any leaks.   

Today when as much as could be done to weatherproof the room and with Ron trying to work in that room with no air flow and temperatures between 95 and 120 I declared that the wall had to come down so Ron could work in there without the heat causing him more health problems.   At first he resisted but when I laid it all out he agreed it needed to be done.     So after trying to work in the room with the high Florida heat he came in and covered in sweat and shaking the guy with MS said he was going to lay down.  When he got up he agreed I was correct.

So as Ron was working in the supper hot room that is east facing getting all the morning sun / heat getting it ready to take down the tarps on that side and the plywood on the rest of the house side.   I worked to move everything that had been piled / set in front of that are because we did not have room for it.   Once Ron was done came the real pain issue for me.  

We had two lighter pieces of plywood across the top and on very heavy 1 inch plywood on the bottom supporting the upper ones.  Ron made sure when he took the two pieces off he made sure he took the brunt of the weight.  But I still had to help him carry them out to the family room where they are now stored.   He wanted to wait to take the biggest heaviest one off as he was really worried about my back and health.   

But I moved most of the inside stuff and Rom moved the heavy stuff and then we took down the plywood.   For the first time since Ian made landfall Sept. 28, 2022, in the Fort Myers area as a Category 4 hurricane, we had a connection to the front of our home from the inside. The ferocious 150-mph winds lasted for over 8 hours as we were in the hurricane eye wall.  Our home had with stood every other hurricane, but one woman neighbor claims she had seen a mini tornado caused by the hurricane move over our home and several others in the same east / west direction, which would have caused their roofs to be ripped off and slam into ours.  

So here is the photo I quickly took as Ron had taken the heavy stuff he wouldn’t let me handle out, and after I set up the fan.   It will be grand to get our room back.   But still we have to reapply to FEMA to pay for all the bids we finally got, but now FEMA has closed our account since it has been this long.  We have to now start a new account, get a new inspection and hope we get enough money for the 30 grand in home repairs we need after the Hurricane.   Hugs

Hugs and love for everyone.   I am going to try to eat before bed.   Scottie

GOP FL Prosecutor Didn’t Pursue Six Voter Fraud Cases In Red County, Unlike Those Charged In Blue Counties

This was just another republican stun to suppress votes in democratic leaning areas and promote the votes of the republican leanings areas.  Republicans understand that the majority of people don’t want what they are selling, the majority of people dislike the republican way.   Most people want to progress, not regress.  Most people want equality and to be able to live in diverse communities that blend in to a greater whole.  The current republican fascist mode is driven by the fundamental religious need to force everyone to regress to the norms of 1950 to ensure their religious / ethnic superiority.  Basically these Fundy groups need the society to regress to return to when their male white prestige was unquestioned and their churches made money from more white people having more kids sitting in the pews.    They want that because they claim the richer they get, the more pleased their god is and when everyone follows their church doctrines their god will come back and give them everything ever and ever and ever … they are trying to force the country to follow the dictates of a 2,500-year-old myth based on a geopolitical book written for a people long dead.   For their own profit and self power.  For that they are willing to fuck over the majority of the population that wants to live in the current socially progressive time gaining ever more public understanding.  Understand, in the republican strong hold of the Villages there have been five or six convictions on republicans repeated voting and violating elections laws.  There were more that were not charged.   But this was a wealthy republican retirement development that deathSantis caters to the developer.  So you don’t hear about them, and the DeathSantis election police avoids them.  Here is a description of the place.   Hugs

Is The Villages a Republican stronghold?
 
 
With square footage larger than Manhattan, The Villages, a sprawling retirement community in Central Florida, has long been considered a Republican stronghold. The retiree haven increasingly reflects Florida’s changing politics. It isn’t a purple battleground — 75% of its voters are registered Republicans.

 

 

Wilhoit’s law
“Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.“

Yes different standards for everything.
The GOP way, every day

GOP FL Prosecutor Didn’t Pursue Six Voter Fraud Cases In Red County, Unlike Those Charged In Blue Counties

As Lord Pudding Fingers demands

WOW! How SURPRISING that we would see a far-right fascist prosecutor ignore other far-right fascist voter fraud cases!

Two standards in Florida for everything. Never going back there.

Whatever GQPers are accusing others (esp Democrats) of doing, they are doing themselves. Look at Shiny Happy People (docuseries on Amazon) for ample evidence that THEY are the groomers they are accusing everyone else of being. The same goes for voter fraud. They are doing what they claim Democrats are doing. It’s all about projection with this crowd.

I may be wrong, but isn’t selective prosecution grounds for overthrowing convictions?

I think so, but it’s difficult to prove. Since no two cases are exactly alike, prosecutors can usually find some after-the-fact justification for why they did or didn’t charge someone.

Thumbnail
 

Fasccist Florida cheats elections at all levels.

Its so crazy that states just do what they want and no one from the feds can help if you live there. I didnt know the constitution was so easily voided.

A true Republican. They’re likely chuckling about this at the yacht club right now.

 

As conservatives target schools, LGBTQ+ kids and students of color feel less safe

https://apnews.com/article/lgbtq-race-ban-schools-4c4df1728f5265eee3684268035570c2

*** seriously this is a very important read to understand how the laws red states are enacting to restrict access to history, to black history, to LGBTQ+ protections, and to stop bullying are effecting the students.   It is tragic.   All for the white Chritian adults to be happy we are destroying the schooling and school years of minority kids.   The artical is long and I couldn’t color it like I want to do, but it is super worth the read.    Hugs  ***

Oh for some reason my spell checker is refusing to work on these open tabs, so sorry about any thing I mispelled.  Hugs

This is the republican fundamentalist Christian nationalist racist bigots right wants to happen.  Cruelty is the goal, causing hurt and pain to anyone different from themselves.    So disheartening.  This made me ill to read, it is heart breaking that kids in 2023 have to go through the bigotry and hate that I did as a gay teen in 1970s.  Us gay kids felt so alone and unable to find others like us.  I now know that many kids at school were gay, but all of us were terrified to reach out to others or being found out.   The lifelong damage that caused to me and so many other kids.   The open bullying that was not stopped and even encouraged by homophobic conservative teachers.  There was no safe space, no rainbow flags, nothing to read giving any insight to why I felt different.  No positive role models or good gay characters in media to counter the hate coming from the religious right pushed hard by Anita Bryant with accusations of the most disgusting kinds.    We cannot go back to those times; we must stop this regression somehow.   Our elders were fighting for us then, putting their lives on the line to do so, we must do so again.  As one student says in the article ““Taking away a whole group of people’s right to be who they are, that’s just like, this is a typical day. I think I was more scared that that was a reality than I was sad about the bill itself.””   On the errasing black history one student was forced to go outside the school to learn about the true history.  Attending predominantly white schools means Harmony has had to go out of her way to learn about Black culture and history — often outside of school. That has shaped where she wants to go next. She’d like to attend a historically Black college and pledge a Black sorority. Hugs

Harmony Kennedy, 16, a high school student, poses for a portrait in Nolensville, Tenn., on Tuesday, May 16, 2023. When the Tennessee legislature began passing legislation that could limit the discussion and teaching of Black history, gender identity and race in the classroom, to Harmony, it felt like a gut punch. "When I heard they were removing African American history, banning LGBTQ, I almost started crying," she says. (AP Photo/George Walker IV)

38 minutes ago

NOLENSVILLE, Tenn. (AP) — The first encounter with racism that Harmony Kennedy can remember came in elementary school. On a playground, a girl picked up a leaf and said she wanted to “clean the dirt” from Harmony’s skin.

In sixth grade, a boy dropped trash on the floor and told her to pick it up, “because you’re a slave.” She was stunned — no one had ever said anything like that to her before.

As protests for racial justice broke out in 2020, white students at her Tennessee high school kneeled in the hallways and chanted, “Black lives matter!” in mocking tones. As she saw the students receive light punishments, she grew increasingly frustrated.

So when Tennessee began passing legislation that could limit the discussion and teaching of Black history, gender identity and race in the classroom, to Harmony, it felt like a gut punch — as if the adults were signaling this kind of ignorant behavior was acceptable. The law was broad, but to her, the potential impact was crushing.

“When I heard they were removing African American history, banning LGBTQ, I almost started crying,” said Harmony, 16. “We’re not doing anything to anybody. Why do they care what we personally prefer, or what we look like?”

As conservative politicians and activists push for limits on discussions of race, gender and sexuality, some students say the measures targeting aspects of their identity have made them less welcome in American schools — the one place all kids are supposed to feel safe.

Some of the new restrictions have been championed by conservative state leaders and legislatures, including Florida Gov. Ron DeSantis, who say they are necessary to counter liberal influence in schools. Others have been pushed by local activists or school boards arguing teachers need more oversight to ensure classroom materials are appropriate.

Books have been pulled from libraries. Some schools have insisted on using the names transgender students had before they transitioned. And teachers wary of breaking new rules have shied from discussions related to race, gender and other politically sensitive topics, even as students say they desperately need to see their lived experiences reflected in the classroom.

Among them are a transgender student at a Pennsylvania school where teachers are directed to use students’ birth names, a bisexual student in Florida who sensed a withdrawal of adult support, and Harmony, a Black student outside Nashville alarmed by efforts to restrict lessons on Black history.

For these and other students of color and LGBTQ+ kids, it can feel like their very existence is being rejected.

Leo Burchell stands for a portrait outside his family's home in Pennsylvania on Wednesday, Nov. 16, 2022. In late 2020, during the pandemic school closures, Leo Burchell started using different pronouns, trying on new clothes, cutting his hair short. The changes felt right. (AP Photo/Joe Lamberti)
Leo Burchell stands for a portrait outside his family’s home in Pennsylvania on Wednesday, Nov. 16, 2022. In late 2020, during the pandemic school closures, Leo Burchell started using different pronouns, trying on new clothes, cutting his hair short. The changes felt right. (AP Photo/Joe Lamberti)

‘NEUTRALITY’ POLICY MAKES SCHOOL FEEL LESS SAFE

In late 2020, during the pandemic school closures, Leo Burchell started using different pronouns, trying on new clothes and shorter hair. The changes felt right.

At school outside Philadelphia, Leo started telling teachers about using a different name and they/them pronouns, and the teachers were immediately accepting. A shift to using he/him pronouns followed.

“I changed my name to Leo, and for a while it was tough,” he said. “I told some of my friends. I told the people close to me, but I wasn’t ready to come out to everybody yet … and I had the space to do that in my own time.”

To tell his parents, Leo shared a poem he had written about his transition. He worried it would be hard for them, as parents who had always identified as “girl parents” to three daughters. His mom, dad, older and twin sister were all supportive.

Then, over the last year, the Central Bucks School District’s board barred staff from using students’ chosen names or pronouns without parental permission.

High school student Leo Burchell speaks at the Central Bucks School Board meeting about LGBTQ student rights in Doylestown, Pa., on Tuesday, Nov. 15, 2022. After hearing a man tell the school board that transgender people posed a risk of violence in bathrooms, Leo expected another adult in the room to interrupt what felt like hate speech. No one did. So at the next board meeting, Leo spoke up. “Attacking students based on who they are or who they love is wrong,” he said. Leo has spoken regularly at meetings since. (AP Photo/Ryan Collerd)
High school student Leo Burchell speaks at the Central Bucks School Board meeting about LGBTQ student rights in Doylestown, Pa., on Tuesday, Nov. 15, 2022. (AP Photo/Ryan Collerd)
Central Bucks School District high school student Leo Burchell waits for a school board meeting to start, opening his rainbow colored umbrella as it begins to rain in Doylestown, Pa., on Tuesday, Nov. 15, 2022. “I don’t want my friends to be misgendered and deadnamed every single day just because they don’t want to come out to their parents,” Leo said. “It really just breaks my heart to know that some of my friends, you know, might not want to go to school anymore.” (AP Photo/Ryan Collerd)
Central Bucks School District high school student Leo Burchell waits for a school board meeting to start, opening his rainbow colored umbrella as it begins to rain in Doylestown, Pa., on Tuesday, Nov. 15, 2022. (AP Photo/Ryan Collerd)
Central Bucks School District high school student Leo Burchell waits outside for a school board meeting to start in Doylestown, Pa., on Tuesday, Nov. 15, 2022. “So, I changed my name to Leo, and for a while it was tough,” he said. “I told some of my friends. I told the people close to me, but I wasn’t ready to come out to everybody yet ... and I had the space to do that in my own time.” (AP Photo/Ryan Collerd)
Central Bucks School District high school student Leo Burchell waits outside for a school board meeting to start in Doylestown, Pa., on Tuesday, Nov. 15, 2022. (AP Photo/Ryan Collerd)
 

The board passed what it called a “neutrality” policy that bars social and political advocacy in classrooms — a measure opponents have seen as targeting Pride flags and other symbols teachers use to signal support for LGBTQ+ students. Reviews of the appropriateness of books have mostly targeted LGBTQ+ literature.

Each step felt like chipping away at the spaces that made Leo feel safe enough to explore his gender identity.

Across the district, parents and students told the board stories of slurs, hate speech and sometimes violence directed toward transgender children. But other adults pressed forward in their effort to restrict inclusion. During one board meeting when a transgender student was speaking, rather than listening, a group of parents whispered to each other. One adult audibly asked: “Is that a girl?”

One man told the school board transgender people posed a risk of violence in bathrooms. Leo expected another adult in the room to interrupt what felt to him like hate speech. No one did.

So at the next board meeting, Leo spoke up. “Attacking students based on who they are or who they love is wrong,” he said. Leo has spoken regularly at meetings since.

Leo worries about what school will be like for younger transgender students.

“I don’t want my friends to be misgendered and deadnamed every single day just because they don’t want to come out to their parents,” Leo said. “It really just breaks my heart to know that some of my friends, you know, might not want to go to school anymore.”

Jack Fitzgerald, a senior at J.P. Taravella High School who started the school's the Gender and Sexuality Alliance club, stands for a portrait in Lauderhill, Fla., on Wednesday, April 19, 2023. Last year, as a junior, he led a school walkout to protest a new law that banned instruction on sexual orientation and gender identity for kindergarten to third grade. The law, part of the anti-LGBTQ+ legislation pushed by DeSantis, was dubbed “Don’t Say Gay” by critics and recently expanded to encompass all grades. Jack was surprised by two things. Most students initially knew little about the bill. And once they learned about it, support for the walkout was overwhelming. (AP Photo/Marta Lavandier)
Jack Fitzgerald, a senior at J.P. Taravella High School who started the school’s the Gender and Sexuality Alliance club, stands for a portrait in Lauderhill, Fla., on Wednesday, April 19, 2023. (AP Photo/Marta Lavandier)

NEW FLORIDA LAWS ‘TOOK THE AIR OUT OF ME’

Jack Fitzgerald, a high school student in Broward County, Florida, came out to friends by accident at first.

At a book club meeting, he blurted out: “I don’t really like romance books unless they’re gay.” He hadn’t told anyone he was bisexual, but it came out easily in a place where he felt comfortable and safe.

Later, he would come out to his mother while watching television.

“So, I am bi,” he told her.

“And why are you telling me this?” she said. A lifelong conservative, his mother told him she had long known about his sexuality. It was not a problem.

The confidence and relief he felt led Jack to start his school’s gender and sexuality alliance club. Last year, as a junior, he led a school walkout to protest a new law that banned instruction on sexual orientation and gender identity for kindergarten to third grade. The law, part of the anti-LGBTQ+ legislation pushed by DeSantis, was dubbed “Don’t Say Gay” by critics and recently expanded to encompass all grades.

Jack was surprised by two things. Most students initially knew little about the bill. And once they learned about it, support for the walkout was overwhelming.

Teachers have been more cautious.

Jack remembers talking to his debate teacher about covering some controversial topics. “You have to realize, … teachers have families,” he told Jack, who took it as a comment on teachers worried about losing their jobs.

In another class, Jack recalls an environmental teacher told the class she could not answer a question during a discussion on climate change or she would be seen as “too woke.”

There also was a school board member, Debra Hixon, who won Jack’s admiration when she spoke last year at a town hall event for teens. Hixon, who became widely known after her husband was killed in the 2018 Parkland school shooting, expressed support for LGBTQ+ students.

“I think I even told my mom. I was like, ‘Oh, we’ve got to vote for her next time because she seems so impassioned, and she genuinely came across like she cared,’” he said.

When Jack asked her in April how the school district would react to the new laws, Hixon said they were going to comply with the law.

The response shocked Jack. He thought back to how the district had stood up to the DeSantis administration over COVID-19 policies like mask mandates. When it came to protecting LGBTQ+ students, it seemed, there was no appetite for defiance.

“They didn’t even try to act like they were going to try, you know?” he said. “And it was so disappointing. It really took the air out of me.”

Hixon said she felt badly that Jack had the impression she was not defending LGBTQ+ students.

“We have a lot of new laws to navigate, and I am still processing what they mean for our district, so I don’t want to overstep and say something that is incorrect or inappropriate,” she said. “I am more guarded with my responses, but I promise I will continue to defend our students to ensure they feel safe and welcome in our schools.”

Harmony Kennedy, 16, a high school student, sits for a portrait in Nolensville, Tenn., on Tuesday, May 16, 2023. The first encounter with racism that Kennedy can remember came in elementary school. On a playground, a girl picked up a leaf and said she wanted to clean Harmony’s skin because it was “dirty.” (AP Photo/George Walker IV)
Harmony Kennedy, 16, a high school student, sits for a portrait in Nolensville, Tenn., on Tuesday, May 16, 2023. (AP Photo/George Walker IV)

AFTER SPEAKING UP, SOME STUDENTS FACE BACKLASH

In Harmony’s freshman-year English class, a boy started playing with his mask and joked, “I can’t breathe, just like George Floyd,” Harmony recalled.

“I was really upset. And I called him out on it. And I was like, ‘Are you kidding me? Someone died,’” she said.

She told her teacher, who said she was sorry it happened but there was not much she could do. Nothing happened to the boy, Harmony said.

To be a Black student in this environment, and to see efforts to minimize the teaching of Black history, Harmony said, is a reminder of why it’s important that a full version of history is taught. A law passed by Tennessee in 2021 banned schools from teaching several concepts on race and racism, leading many teachers to avoid discussions related to race.

“If people are taking this out of schools, it’s making the ignorance go on, because they’re not understanding the pain and agony we have to go through,” she said.

The incident led Harmony to join the Forward Club, which works to promote cultural and racial inclusion t her predominantly white high school. The club’s members come from a diverse array of backgrounds — including the children of some adults who have disparaged the group.

At times, students who speak out against new policies have been targeted for harassment. In Williamson County, Tennessee, where Harmony goes to school, a political action committee accused another high school’s Black student union of promoting segregation. The PAC posted the time and place of the student group’s meeting on social media. Elsewhere, trans and nonbinary students who have spoken up about bullying have faced only more insults on social media.

For some, the hostility can be exhausting. Milana Kumar, a rising senior in Collierville, Tennessee, who is genderqueer, is comfortable with their identity among friends. But it’s not a conversation they bring up at school, where they said teachers and other students often do not respect chosen pronouns.

“I’ve never tried to navigate that, I think just as a response to save myself from a lot of hurt that would happen,” Milana said.

Recently, Tennessee passed a bill that would protect teachers from discipline or other consequences if they misgender their students. At the time, Milana was at the Capitol testifying on other legislation. She thought about how routine a day it was.

“Taking away a whole group of people’s right to be who they are, that’s just like, this is a typical day. I think I was more scared that that was a reality than I was sad about the bill itself.”

Attending predominantly white schools means Harmony has had to go out of her way to learn about Black culture and history — often outside of school. That has shaped where she wants to go next. She’d like to attend a historically Black college and pledge a Black sorority.

What Harmony wants, ultimately, is to be able to go to school like any other teenager and focus on learning. To go to a football game without hearing racial slurs. To stand up for herself without being seen as an aggressor.

Meantime, it’s something she’ll continue to speak up for.

“My sister is going to be an incoming freshman this year, and I want her to have a safe learning environment where she doesn’t have to really deal with all the ignorance and things,” she said. “I want her to be able to enjoy high school.”

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The Associated Press’ reporting around issues of race and ethnicity is supported in part by the Howard Hughes Medical Institute’s Department of Science Education. The AP is solely responsible for all content.

Pride flags are displayed in the bedroom of high school student Leo Burchell in Pennsylvania on Wednesday, Nov. 16, 2022. As politicians and activists push for limits on discussions of race, gender and sexuality, some students say the measures targeting aspects of their identity have made them less welcome in American schools — the one place where all kids are supposed to feel safe. (AP Photo/Joe Lamberti)
Pride flags are displayed in the bedroom of high school student Leo Burchell in Pennsylvania on Wednesday, Nov. 16, 2022. As politicians and activists push for limits on discussions of race, gender and sexuality, some students say the measures targeting aspects of their identity have made them less welcome in American schools — the one place where all kids are supposed to feel safe. (AP Photo/Joe Lamberti)