By Tamra L. Dicus, 1L
The Latin phrase, “Res ipsa loquitur,” means “the thing (matter) speaks for itself.” The prefix “res” in Latin is pronounced “race” in English. The tortuous term communicates there is a wrong rooted in race concerning the present day “take a knee” (TAK) or “anthem protest” (I try to not “eat the pages” in class). Indoctrinated with false narratives (e.g., Christopher Columbus’s friendly voyage, “white is right”), a nonchalant attitude toward minority issues ensues. Its byproducts are disregard, inaction, or fear. Black people are a dwindling minority . Colin Kaepernick is not the first to experience the evils of unjust treatment against African Americans. I am not much of a sports fan; well, except when the Kansas City Royals successively went to the World Series twice in a row. After painstakingly losing by one point to that San Francisco slick pitcher in 2014, we returned the very next year in 2015 with a vengeance, taking the pennant for my relentless, regal city ! I have never lived in California, but I am very much Californian as I am Straight Outta Kauffman and coincidentally, I embrace the very definition of its name .
Naturally, as a black negras woman, the nexus to Kaepernick’s cause and mission personally resonated. Recalling seeing my own middle school-aged brothers being profiled and arrested, I thought, “A star cares for my safety.” . I became a bit afraid for my family and friends despite living in the nation’s capital. Who would be next? Adding to this summer’s events, I have seen a spectrum of hate against blacks in Washington, D.C. I witnessed the Confederate flags and K.K.K. on the National Mall. I had not seen that in my sixteen years of living in the DMV. Smithsonian’s National African American History and Culture Museum (NAAHCM)  and American University (AU) both had nooses hung on their premises. AU had the hate crime addition of noose hanged bananas marked with “AKA” to target SBA president and member of African American Alpha Kappa Alpha sorority .
But then at a D.C. bar (I miss happy hours), I saw flash across the television screen, tall black men of a NBA basketball team coming on the Hill to address police brutality. They, too, care. Inspiration is contagious. Even among hate torched tikis surrounding Thomas Jefferson’s statue on UVA campus in Charlottesville , heroin Heather Heyer is now considered to be honored and given a street name. Let’s hope inspiration catches in California to Missouri to Minnesota to New York to officially honor Oscar Grant, Michael Brown , Philando Castile , and Eric Garner. Ironically, we cheer and root for our favorite sports team – unified, proving race is irrelevant; yet, those same teammates highlighting a race issue – cue the crickets. Stick to your one job!
Suddenly, an athlete is no longer a multi-complex human citizen of thought. The NFL shows their all-for-one team stance by historically ignoring and excusing certain bad behavior –including violence against women – never forbidding men from playing. Juxtaposition this to the same teammate  where Kaepernick peacefully protests violence against black men and he is forbidden to display his Super Bowl skills. The message: women’s violence and black violence do not matter. Race is not a removable accessory. Prior to Kaepernick’s public act, free agent Anquan Boldin of NFL Detroit Lions and others  came on the Hill to advocate for social justice . Kaepernick’s national public platform powerfully influences others, and this irritates a group and is labeled not a right but a “problem”. The change from Obama to Trump, who is the son of a K.K.K. member , has changed the meaning of our American pride. Media, sports, and politics are inextricably linked to spinning and sensationalizing black matters instead of solving them. And if it is “solved”, Lady Justice is pretending by removing her blindfold to see clearly an unjust killing of a black life and replaces it back to ignore the black life. Blindfolds are not required for jurors but should be because it is apparent black lives do matter-to ensure their death. Historically, this treatment is not new.
American Slavery – the only unaccounted-for apology: no reparations, no allegiance
That pesky little third verse of Slaveholder Maryland author, Francis Scott Key’s “Star Spangled Banner” mentioning “Slaves” brings the focus squarely back on the injustices of the unaccounted for Trans-Atlantic African Slave Trade . At its height, enslaved blacks were twenty percent of the population ; now, the aftermath shows blacks teetering on thirteen percent. The NAACP reasonably states, “[R]ace-laced legislation-the power to define crimes lies exclusively with the Legislature. ” Why else is it that worldwide, America’s penal code is the worst as evidenced by the first pages in our criminal textbook on African Americans and Hispanics ? While the variables (e.g., genocide, Slavery, immigration) may appear dynamic in time, they are static as there is a constant formula – “land of the free, home of the oppressed. ” The Virginia Constitution of 1901-02 is a clear example, once freed and armed with voting, the “thank you” and “sorry” for Slavery was: “to require the payment of a poll tax before voting and the addition of petit larceny as a disqualifying crime. These two provisions were aimed directly at the negro for it was thought that many would fail to pay the tax, and petit larceny was a common offense among them . . . . Why? To “[a]ssure white supremacy. ” (emphasis intentional).
In America, history is taught from Texas textbooks and starts from Slavery. Education was forbidden and thus illegal. Such facts discount the fascinating Spanish and French history in Native Territories . Why? The devil is in the details. Those lyrics of songs and instructional limitations outlined in the Constitution, flags, and national anthems were in the minds of some of our very own founding fathers who had Negro chattel  fathering mixed mulatto black children, which highlights the hypocrisy of “freedom.” Nevertheless, this is precisely why black Americans came up with our own song – “true to our God, true to our native land.”
Owners of the NFL have been said to have a Slave owner mentality, and NFL players are Slaves on the plantation. White men with black wives have spoken in solidarity . Rare are owners of color. In 2006, the book “40 Million Dollar Slave…” by William C. Rhoden, sparked conversations of “high paid Slave” inferences to football players. Fast forward to 1999 when the New York Knicks’s Larry Johnson created a media frenzy by referencing Slaves after media begged him to speak. Now, the NFL is considering Kaepernick’s cause when it comes to declining rates as Sports Illustrated notes . New York Giants owner John Mara understands sometimes an “important social issue” must be prioritized above the “interest of the business.” Blacks should not be ridiculed for basic democratic rights, profiled, stopped and frisked, murdered when unarmed, or stopped for broken tail lights.
Best put, President Barack Obama stated when you aggregate all the data, “[t]here’s some racial basis in the system. ” Because of the wave of black men dying within months, sometime days of each other, Kaepernick intelligently used his power. Slave “bull bucking,” disobeying “massa” revolts are power control mechanisms to “get that son of a b—- off the field …” Only after such seething speech does Jerry Jones, owner of the Cowboys, join in taking a knee presumably inflamed when the speech was laced with a NFL ratings jab. NFL Hall of Famer Kenny Easly pronounced, “[B]ut the carnage affecting young black men today from random violence to police shootings across this nation has to stop…sports can help .” When will the NFL incorporate our song – the “Negro National Anthem” along with or instead of the “Pledge of Allegiance?” Bound for Civil War II? Some say loyalty lies with those that died during the American Revolution; yet, they conveniently ignore black and white veterans of the Civil War.
The Very First Amendment – 24 – 25 – 26: white > black < rainbow
A group of people are infuriated to the point of misinterpreting and extending Kaepernick’s actions to mean sentiments about a flag. In 2016, Kareem Abdul-Jabbar stated poignantly, “One of the ironies of the way some people express their patriotism is to brag about our freedoms, especially freedom of speech, but then brand…unpatriotic those who exercise this freedom to express dissatisfaction with the government’s record in upholding the Constitution. ” Another interesting irony is the NFL can support men wearing pink to support breast cancer month, but cannot support the black skin of the offspring of black women descendants of Slaves who were treated with the worse inhumanity of incest and bigamy in the real “dark deeds of American Slavery. ” You would think they would want to protect their financial interests in future ballplayers. Requiring black people to adhere to a different constitutional interpretation is a disrespectful extension of the sting of the whip. Because black people keep dying in American ghettos (Nazi ghettos is where that term originates) to suburbs, at the hands of K.K.K. neo-Nazi infiltrated police departments , terrorizing black and Latino communities , we must rise to solve these problems.
The F.B.I. COINTELPRO program  under the direction of J. Edgar Hoover, was the target of “hate groups,” such as the Black Panthers of California and Malcolm X. Hoover directed letters addressed to Doctor Reverend Martin Luther King refusing to use his title and call him a leader, “You are – an evil abnormal beast…There is but one way out for you. You better take it before your filthy, abnormal fraudulent self is bared to the nation .” Clearly, Hoover desired to stifle the freedom of speech, disguised as “internal security,” declaring such exercises as the “greatest threat ”. Kaepernick is now treated as King. “Dangerous Negroes” rhetoric rings true in the same formula applied to Kaepernick. Similarly, the TAK move is the quintessential black power fist raised by Tommie Smith and John Carlos during the Olympic Mexico City  games and Jessie Owens defying Hitler’s Germany of Nazi White Supremacy hatred of Jews in World War II .
Nazi Swastika flags are strictly prohibited to be flown today in Austria; yet, the same symbol of White Supremacy of Confederate flags is not outlawed . Why? Flying Confederate flags means you are proud of your lynching heritage. Such symbols of glorifying Slavery belong in a museum because the Confederacy lost. States would be allowed leeway to discriminate if not for the federal government. Knowing this, now the U.S. Justice Department ironically acts against affirmative action disguised as “discrimination of white people” in the South . Ludacris .
Exerting your own power to defy the “fundamental power” collectively white men hold, becoming those negative words President Barack Obama wrote about is the “maddening logic” in a “white” America or court . Kaepernick is now treated as President Obama in the erasing acts that slightly help African Americans. Any progress of the band-aids of Slavery that did help blacks in “affirmative action ” in key parts of 1965 Voting Rights Act  were rolled back in June of 2013, thanks to the Supreme Court . Splitting civil rights by showing the originators of civil rights survival and voting issues are less important than whom to love .
Any progress made in helping minorities for fair pay for women and guidelines for corporations under President Obama, has been eviscerated . We cannot fall asleep behind the steering wheels of democracy. Democracy is not on auto-pilot. The aftermath of the effects from one dinner in 1901 with Tuskegee University President Booker T. Washington, invited by President Teddy Roosevelt, is why there is no longer, logically, an Executive Mansion where Executive Orders are written supported by an Executive Office, but a White House .
In that era “poems” such as “N- in the White House” surfaced along with a letter received by First Lady Lou Henry Hoover for inviting wife of a congressman, Barbara DePreist, for tea (stating mulattos are separate from Sons and Daughters of America). Kaepernick, true to Queen Calafía’s California warrior name, stands upon shoulders of giants who, like Mizzou’s football team, supported black students who were terrorized by K.K.K. white supremacist acts in Columbia. Heavy Weight Champion of the World Muhammad Ali used his platform – a true champion at the heart – as evidenced by going to jail for not fighting against the Vietnamese at a time when his brothers are getting called a N- by their own countrymen.
Comments on October 27, 2017, exacerbated the racial current, exemplifying just why players are taking a knee. Houston Texans owner Bob McNair’s offensive, racist comment in an NFL meeting of “[w]e can’t have the inmates running the prisons” equated incarcerated inmates to Slaves (i.e., to all black men to black football players) and prisons to plantations . Ignoring actions from the crowd to NBL occurred at Fenway Park at the Baltimore Orioles game when Adam Jones was treated like American hero Jackie Robinson (pioneer for not standing and singing the anthem) .
The NFL allowed the game to continue instead of stopping the game, making it a point to fine whomever was responsible to show absolutely no tolerance for being called the N word . Evident in powerful lyrics of songs that inquire “what’s going on,” declaring “don’t punish me with brutality” of Marvin Gaye, being “victims of police brutality” as Michael Jackson sung or as explicitly rapped by N.W.A saying, “F- the police.” Yet, to still expect black people to be jubilant and sing lyrics in the “Star Spangled Banner” with fiery pride as flawless as Whitney Houston did (there will never be a better rendition), is simply ignoring the feelings and experience of all Americans.
The “California” name is positive proof of precisely why Colin Kaepernick is taking a knee. Oppression exists in the suppression of the indisputable facts of the meaning of the name California itself . Turning a blind eye to injustice at the micro level and “putting the past behind” is walking a dangerous line. To be selfishly concerned only with one’s own survival is precisely where inhumanity starts. We should never forget injustices least we repeat them. Use the courage found in the measure of a man of MLK .
If the good ole’ boy’s era of thinking cares so much about our symbols, songs, and anthems, then please accept and be honest accepting California’s true heritage in its name and its image in its Confederate seal . Anything less is hypocritical-smoke filled mirrors. The California name has a unique and significant black heritage meaning sourced in a Spanish novel; yet, this is not taught in schools. Why? All of these ironies and suppression of information add up to an agenda to regress African American advancement at any level. Despite our Family Feud approach to democracy as Americans, “all men are created equal ” and we are e. plubruis unum. “True peace is not merely the absence of tension; it is the presence of justice. ” (emphasis intentional).
If you noticed the “s” in reference to Slavery was capitalized, this was done intentionally to stop ignoring, take notice of its significance, and do something.
If confronted by police, please see the guide the ACLU published .
If you want to help eradicate racism by educating on real California heritage of Queen Calafía and steps to right a wrong, contact the author.
“Courtesy of California Is Me”
“Courtesy of California Is Me”
 How does a majority of the population, naturally because there are more of them, they are the ones that commit more crimes, yet not televised? Media is not juxtaposing good stories with bad stories as Aziz Ansari said after Obama’s inauguration https://www.youtube.com/watch?v=Whde50AacZs
 See http://www.caliisme.com on the name of Queen Calafía’s California
 (So often is the narrative that African American celebrities aren’t considered “really black”).
 F.B.I. reports “African Americans experience disparate impact in nearly every aspect of Ferguson’s law enforcement system. Despite making up 67% of the population, African Americans accounted for 85% of FPD’s traffic stops, 90% of FPD’s citations, and 93% of FPD’s arrests from 2012 to 2014.” See page 62 https://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/ferguson_police_department_report.pdf policing and power in voting are issues.
 Trevor Noah on injustice: http://tvline.com/2017/06/22/trevor-noah-philando-castile-verdict-watch-daily-show-video/
 June Purcell Guild. Black Laws of Virginia: A Summary of the Legislative Acts of Virginia concerning Negroes from Earliest Times to the Present (1936).
 Our Criminal Law textbook – Kadish et al., CRIMINAL LAW AND ITS PROCESSES, Wolters Kluwer, 10TH Ed, 1 (2017)
 Published by Abolitionist http://www.loc.gov/pictures/item/2008661294/ shows Slave Market pictures. Creating laws to sell “refractory slaves” (Slaveholder can’t control) and free Americans kidnapped in prison, legs cut off for the crime of skin color.
 See pp. 6-7, McDaniel. Courtesy Archive.org. The Virginia Constitutional Convention 1901-02 by McDanel, Ralph Clipman, b. 1893., pp. 8. See http://www.caliisme.com/evidence
 See pp. 6-7, McDaniel. Courtesy Archive.org. The Virginia Constitutional Convention 1901-02 by McDanel, Ralph Clipman, b. 1893., pp. 8. See http://www.caliisme.com/evidence
 See http://www.caliisme.com/news entries to Texas and California stepping up to harness its own textbooks
 Dred Scott justifications of opinion, inaccurately disgusting: https://www.loc.gov/resource/llst.022/?sp=1
 Sports illustrated reporter on Gerry Jones Cowboys there was no declaration of war on guys kneeling, and answered with “Follow the money”. https://www.si.com/nfl/2017/10/19/nfl-ratings-decline-owners-players-meeting-mmqb From Sports illustrated direct quote from the website concerning Giants owner John Mara concerning the views of the Cowboys players taking knees for social justice: “There’s no question this had an impact on the business,” said Giants owner John Mara. “But this is an important social issue. And sometimes you have to put the interests of the business behind the interest of issues that are more important…”. A quick review of American History, the Dr. Martin Luther King led bus boycotts movement sparked the civil rights movement and shows this works to gain respect and humanity. See http://www.thekingcenter.org/bus-boycott-sparks-movement
 http://nationalhumanitiescenter.org/pds/maai/enslavement/text6/masterslavesexualabuse.pdf – Slaveholder had sex with his own mulatto daughter, subsequently sold her and their baby before the baby was born.
 Compare the FBI vault here: https://vault.fbi.gov/cointel-pro white hate groups also to the U.S. National Archives, on media manipulation- https://www.archives.gov/research/jfk/select-committee-report/part-2e.html
 http://www.cnn.com/2014/11/14/us/fbi-and-mlk/index.html and click on the blacked out version of the FBI threat letter. This King now is the first non-president to have a monument on the National Mall, please visit D.C.
 https://www.pbs.org/hueypnewton/people/people_hoover.html -greatest threat to nation is black people.
 Movie: Race
 https://www.ushmm.org/confront-antisemitism/origins-of-neo-nazi-and-white-supremacist-terms-and-symbols Visit Holocaust museum in Washington D.C. take tissues, you’ll need it.
 https://www.youtube.com/watch?v=Pt_w0-eBgFY Jimmy Kimmel features David Allen Grier
 See Dreams From My Father Roy on white man’s world by Barack Obama here’s a good excerpt of the passage here -https://breakingbambooroof.wordpress.com/2015/06/09/dreams-from-my-father-barack-obama/
 https://www.supremecourt.gov/opinions/12pdf/11-345_l5gm.pdf -issued 6/24/17 Fisher v. University of Texas
 https://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf – issued 6/25/17 Shelby, County Alabama v. Holder, Attorney General, et al. )
 http://www.nytimes.com/2013/06/26/us/supreme-court-ruling.html, https://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf issued 6/26/17 Hollingsworth v. Perry
 Here is another symbol of color-white is painted over a building of power. Not just for aesthetics.
 https://www.whitehousehistory.org/an-activist-first-lady-in-traditional-washington (Mrs. Hoover invited a black woman Mrs. Depriest, wife of congressman, for tea at the White House, but a letter stated mulattoos are separate from the Sons and Daughters of America)
 https://mic.com/articles/175904/baltimore-orioles-star-adam-jones-called-a-nigger-has-peanuts-thrown-by-red-sox-fans#.2CPJ3bAiQ and https://www.usatoday.com/story/sports/mlb/2017/05/01/orioles-adam-jones-berated-racist-taunts-fenway-park-peanuts/101187172/
 (Most are unaware of the definition of California. In short it was invented in a romance Spanish novel and is the name of a Tropical Paradise island of beautiful, strong, courageous and hard-working black women warrior Amazons on an island of only gold, ruled by the black Amazon Queen Calafía. Queen Calafía is the namesake of California, the state). Stay tuned for more.
 “The ultimate measure of a man is not where he stands in moments of convenience and comfort, but where he stands at times of challenge and controversy.” – Dr. Rev. Martin Luther King, Jr. https://www.nps.gov/mlkm/learn/quotations.htm
 See next publications I author to highlight unknown discovery by Rev. Edward Everett Hale in recognizing now liberal California having a Confederate symbol. See also https://www.politico.com/interactives/2017/confederate-monuments-statues-and-symbols-in-the-south/
 Engraved quote by Dr. Martin Luther King, Jr. https://www.nps.gov/mlkm/learn/quotations.htm
 https://www.aclu.org/know-your-rights/what-do-if-youre-stopped-police-immigration-agents-or-fbi and see this manual for community involvement: https://www.aclu.org/other/fighting-police-abuse-community-action-manual