Richard Monette: Walker's mascot bill rationale is faux democracy

2014-01-07T13:00:00Z Richard Monette: Walker's mascot bill rationale is faux democracyRICHARD MONETTE | professor, University of Wisconsin Law School madison.com

The things we say and do reveal a lot about us.

Gov. Scott Walker declined to veto a legislative measure that extends protections to race-based school mascots. The governor explained that regulating mascots may infringe on the freedom of speech. After the United States Supreme Court declared that corporations are persons and have the same freedom of speech as individual citizens, I suppose it seems totally obvious to some people that other societal institutions will also have freedom of speech — including government itself.

Following that logic, now it must make sense for the Legislature’s Republican majority why the Second Amendment is read the way it is: After all, if individual citizens have the right to bear arms, then so does the government. Perhaps that logic would also help explain why government has gotten less transparent and accountable: If individual citizens have a right against unreasonable search and seizure, then so does the government. It’s no wonder the governor also established the hybrid public-private creature called WEDC (Wisconsin Economic Development Corporation): If individual citizens have the right to start a business, then so must the government. This thinking turns the logic of America’s founders on its head.

As a Native American, the most troubling thing about the new law is that now an offended student must present a petition with a significant number of signatures from the school district in order to invoke an agency action. But if free speech is the determining factor, then even if a student actually got a majority to sign a petition — wouldn’t that still violate free speech?

This use of faux democracy to place hurdles against equal protection of Native Americans reminds me in no small measure of a similar development during the last century. In the early Nazi period the German student union, the Deutscher Hochschulring, excluded Jewish students from its membership, so ultimately the question was put to a democratic exercise in which a supermajority of German students voted to continue to exclude Jewish students. Imagine that. To this day the actions of Nazi Germany have continued to say a lot about 20th century Germany and its people.

Before this latest "free speech" argument, we most often heard that Native Americans shouldn’t be offended because the mascots actually honored them. I guess in the majority’s minds the conquest and colonization of the Native American is so complete that we have even lost the right to decide for ourselves when we’re offended or honored.

Another argument we have heard is that changing these names affects a long tradition of yearbooks, letterman jackets, school signs, and community pride, etc. But what about the Wahpeton (N.D.) Wops and the Pekin (Ill.) Chinks? When their respective ignorance was about to be proudly displayed for the eastern and western press, those names and mascots were changed in a heartbeat — never mind the trophy case. The Alcorn State Scalping Braves dropped the "scalping" and changed the mascot, revealing much about the historically black college, the state of Mississippi, and their relative level of enlightenment when compared to the majority in the Wisconsin Legislature.

The race-based mascot itself shouldn’t have to offend you; the open use of racial stereotypes should offend everyone. In the end, your mascots say more about you and your society than they say about me and mine. I just wish, for the benefit of America and her children, they didn’t speak so freely.

Richard Monette is a professor at the University of Wisconsin Law School.

Copyright 2014 madison.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

(2) Comments

  1. 196ski
    Report Abuse
    196ski - April 21, 2013 2:16 pm
    Kaja, you present an argument that if the KeystoneXL pipeline is not built that companies and investors who have mined that oil will simply close shop and go home. Nothing could be further from the truth. That oil is currently being shipped by truck and rail to refineries in Texas. Stopping the pipeline will only add to the cost and, I think more importantly to you, increase greenhouse gas emissions because of the inefficiency of truck and rail. A vote against KeystoneXL is a vote against the environment. And then there is China who has offered to build a pipeline to the coast so they can have access to the oil.

    As an economist how is your baker going to move his bread to a point of sale without oil for transportation?

    As an environmental studies student how, is the move from coal to natural gas going to benefit the climate when the coal that we not allowed to burn here is exported so that it can be burned overseas? How do we address coal consumption world wind growing by 50% by 2030 while we cut its use here?

    "Jobs building a project that would cause irreparable harm to our climate should not be supported."

    Then what jobs do you support because almost ALL of our economic activity harms the climate. Roads, factories, buildings, everything!
  2. ObbieZ
    Report Abuse
    ObbieZ - April 21, 2013 12:14 pm
    This writer is spot on. Just because a project "creates jobs" is NOT enough of a reason to go forward. We must consider the value of the end product of those jobs.

    We can "create jobs" by building bombs and missiles, by digging a hole and filling it in, or by building a climate-destroying pipeline. None of these things adds value to our society.

    On the other hand, we can "create jobs" by building wind turbines on the plains, by building a 21st-century transportation network, upgrading Internet access in rural areas, and much more. These things DO add value to society, as they are investments that improve all of our lives.

    From now on, we must look beyond the "creating jobs" argument, and analyze whether the product that's created by those jobs will make our world a better place.
Add Comment
You must Login to comment.

Click here to get an account it's free and quick

Connect With Us


Get daily Cap Times alerts

E-Mail:

First Name:

Last Name:


Vote!

Loading…

If you had to choose, which scenario would you prefer?

View Results