Targeting White Supremacy in the Workplace

To My Students and Blog Readers:

In light of yesterday’s deadly attack on Jewish worshipers, I am taking a moment to come back to “Targeting White Supremacy in the Workplace” to explain what this research aims to do.

The Ku Klux Klan Act of 1871 had separate criminal and civil law sections. A series of Supreme Court rulings eviscerated the law—a law passed by Congress and signed by President Grant, a law aimed at curbing racial violence directed at blacks and white supporters, a law designed to put order above mob rule, a law designed to ensure that the military had more firepower than a racist mob (the KKK was heavily armed).

The criminal law element was ruled unconstitutional—and now is replaced by the federal hate crime law under which the Pittsburgh killer is charged.

The civil law element has been revived, too, but narrowly. It applies to racially motivated attacks aimed at people who are exercising political rights—for a prime example, see the Charlottesville attacks by the Unite the Right thugs against civil rights protesters. There is a lawsuit along these lines, Sines v. Kessler. It aims to financially cripple Unite the Right groups, their leaders, and their supporters.

My research shows that Congress also intended to ensure that the KKK and related groups did not terrorize blacks into an economic caste system.

This research resurrects legislative hearings and testimony that makes this legislative intent crystal clear.

White supremacy has many tentacles. One is political. Another is religious, both in the form of a perverted Christian worship (Church of the Creator) and a violent suppression of Jews and Muslims. Another is the workplace— intimidating blacks, Jews, Mexicans and other minorities.

And here is the bottom line to my research: to root out hate groups, formally called conspiracies under the Ku Klux Klan Act of 1871.

Robert Bowers will be severely punished. Did he have online co-conspirators? Were there people who pointed out Squirrel Hill as a place where Jews congregated? Did they help to purchase his weapons? Did they help to formulate specific parts of his plan? Did they help him train for his attack? And so on.

My article will not come into play in this case. The matter is criminal. But there are many hundreds of similarly motivated attacks on blacks, Jews, their supporters (who may be white Christians, to illustrate), immigrants, and other minorities. The article provides lawyers a detailed blueprint for holding the people in the shadows—the webmasters, the planners, the enablers, the suppliers— financially liable for the damages they cause with their hate.

The article has been selected for republication in the 2018 edition of the Civil Rights Litigation Handbook. If it helps to shut down one hate group, it will be a success—and not until then.

Let’s remain hopeful for America.