Mixed Race Studies

Scholarly perspectives on the mixed race experience.

The use of defamation law to reinforce privately held class-based animus traces back at least to the eighteenth century. In 1791, South Carolina’s court of last resort held that falsely describing an individual as a mulatto was actionable “because, if true, the [plaintiff] would be deprived of all civil rights.” False imputations that white persons were nonwhite or otherwise racially “impure” remained actionable in parts of the United States well into the twentieth century, particularly across the South. In 1957, South Carolina, for example, reaffirmed the precedent set in 1791. In Bowen v. Independent Publishing Co., the South Carolina Supreme Court held that allegations of racial impurity remained per se defamatory because, in light of the “social habits and customs deep-rooted in this State, such publication [alleging nonwhite lineage] is calculated to affect [one’s] standing in society and to injure [one] in the estimation of [one’s] friends and acquaintances.” Bowen and other decisions like it used the judicial arm of the state to reinforce Jim Crow under the guise of “neutrally applied” common law. By sanctioning these causes of action, the state reinforced notions of white supremacy and “affirmed the honor of whites by authoritatively denying status to blacks.”

Anthony Michael Kreis, “Lawrence Meets Libel: Squaring Constitutional Norms with Sexual-Orientation Defamation,” The Yale Law Journal Online, Volume 122, Issue 2 (November 2012):125-141. http://www.yalelawjournal.org/forum/lawrence-meets-libel-squaring-constitutional-norms-with-sexual-orientation-defamation.

Native American nations “have always had this fear, and a valid fear, that when they accept black people as part of their tribe they are seen as not ‘Indian first’.”

Posted in Excerpts/Quotes on 2018-11-13 03:25Z by Steven

According to Alaina Roberts of the University of Pittsburgh, Native American nations “have always had this fear, and a valid fear, that when they accept black people as part of their tribe they are seen as not ‘Indian first’.”

Caleb Gayle, “The black Americans suing to reclaim their Native American identity,” The Guardian, November 2, 2018. https://www.theguardian.com/us-news/2018/nov/02/black-americans-native-creek-nation.

Tags: Alaina E. Roberts, Alaina Roberts, Caleb Gayle, The Guardian

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The black Americans suing to reclaim their Native American identity

Posted in Articles, History, Law, Media Archive, Native Americans/First Nation, Slavery, United States on 2018-11-13 03:06Z by Steven

The black Americans suing to reclaim their Native American identity

The Guardian
2018-10-02

Caleb Gayle

Rhonda Grayson, with an image of her great-great grandfather Willie Cohee. Photograph: Brett Deering for the Guardian

Their ancestors were black slaves owned by Native Americans. Now they’re suing the Creek nation to fully restore their citizenship

Johnnie Mae Austin and her grandson, Damario Solomon-Simmons, can tell you everything about their ancestry. They can go back as far as 1810, the year Solomon-Simmons’ great-great-great-great-grandfather, Cow Tom, was born. With undeniable pride, they recount the man’s feats of bravery during the civil war, and his leadership within Oklahoma’s Creek population.

In fact, they are so determined to let the world know exactly who Cow Tom was that they’re suing the Creek nation to make sure his descendants aren’t forgotten.

Solomon-Simmons and his grandmother are black, but they argue they’re also Creek, and they’re fighting to reclaim their identity…

Red the entire article here.

Tags: Alaina Roberts, Caleb Gayle, Cow Tom, Creek Nation, Damario Solomon-Simmons, Daniel Littlefield, Johnnie Mae Austin, Oklahoma, Rhonda Grayson, Sharon Lenzy-Scott, The Guardian, Willie Cohee

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Mixed Race Studies

Native American nations “have always had this fear, and a valid fear, that when they accept black people as part of their tribe they are seen as not ‘Indian first’.”

The black Americans suing to reclaim their Native American identity

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