Dancing In The Streets, Eh?

The Great Flip happened. It’s out there for all to see and it’s radiculopathy ridiculous. Rand Paul calling for a blockade of the Super Bowl while an old twit by AOC about how protests are meant to make people uncomfortable is making the rounds again.

Is it shameless hypocrisy, on both sides of the aisle, or is it the infantile “fight fire with fire” argument that worked so well on the playground in third grade? Or is it the new paradigm, that any excuse will do as long as it serves to produce the desired outcome of the moment, where integrity plays no role and rhetoric is a handmaiden to the cause?

There are two principled ways to approach the Canadian truckers closing roads, bridges, honking horns and disrupting their fellow citizens from using public facilities they’ve usurped for their own purpose. There is no question that there is a right to protest, even if qualified by the adjective “peaceful” (without “mostly”). But is it acceptable to engage in civil disobedience, seizure of public facilities to the deprivation of others who have as much right to the use of roads and bridges, not to mention quiet enjoyment of their homes, as the protesters?

The New York Times has found itself in a curious editorial quandary. Having gone pretty far out on a limb in the past, to the point of publishing op-eds about riots being the voice of the unheard since Martin Luther King isn’t around anymore to note they got his statement ass-backward, to serious arguments that looting is just a variation on reparations for slavery, to burning buildings isn’t violence because building are just “things” that are covered by insurance, what was it to say about this anti-vax trucker protest without being excoriated for hypocrisy?

The Times has options. It could join in the extremist view that if it serves to achieve what they deem the correct outcome, then laughable hypocrisy doesn’t matter because it would be on the right side of history (herstory?).

It could take the position that closing roads, depriving people of their right to use public facilities in the service of a cause was taking protest beyond its lawful parameters. But then, what of its full-throated rationalizations of the BLM protests, riots, destruction and highway closures?

Instead, the Times seeks to spin a yarn about protest that allows it to thread the needle.

By the standards of mass protests around the world, the “Freedom Convoy” snarling Downtown Ottawa ranks as a nuisance. The number of protesters, about 8,000 at their peak, is modest; there have been no serious injuries or altercations, the truckers stopped blaring their horns after residents got a temporary court injunction against them, and most Canadians support neither the truckers nor their cause. Yet what’s happening in Canada deserves close attention in the United States and across the world.

Whether it “deserves” anything is a subjective view. That it has attained the attention of many in the US and elsewhere is the objective view. It has, which might explain the curious second graf of the Times editorial that seems to leave out the punchline.

In an increasingly polarized political environment, the Canadian truckers became an instant cause célèbre. Donations poured in, prompting GoFundMe to pull the plug on the campaign after a few days under a policy that “prohibits the promotion of violence and harassment,” a void that was quickly filled by right-wing crowdfunding platforms.

Initially, gofundme was going to take the funds and hand them over to “legit” charities unless donors requested a refund. After howls of outrage, they are instead refunding the donations. Why the Times brought up gofundme and left this out is hard to explain other than a strained effort at Gertruding.

Eventually, the editorial reaches its buried lede.

We disagree with the protesters’ cause, but they have a right to be noisy and even disruptive. Protests are a necessary form of expression in a democratic society, particularly for those whose opinions do not command broad popular support. Governments have a responsibility to prevent violence by protesters, but they must be willing to accept some degree of disruption by those seeking to be heard. The challenge for public officials — the same one faced by Minneapolis and other cities in 2020 during the protests after the murder of George Floyd — is to maintain a balance between public health and safety and a functioning society, with the right to free expression.

And it concludes with a sentence that strains anything remotely resembling a rational thought.

Allowing nonviolent, even if disruptive, protest is an important tool for maintaining social cohesion in a polarized society.

There were two paths to take here, that closing roads, and thus depriving everyone else with the same right to enjoy public facilities as the protesters, was wrong, and wrong for everyone who did so, or that protesters had the right to disrupt the rights of others. They chose the latter to avoid coming off as hypocrites. Instead, they came off as pandering legal fools.

Cries of civil disobedience are among the many legalish concepts that are generally misunderstood. It may be an offense committed with the best of intentions, but it’s still an offense. It means that those who engage in civil disobedience believe so strongly in their cause that they are willing to suffer the consequences of the actions, including arrest, prosecution, conviction and sentence. It doesn’t mean they get a free pass.

We may well admire the fortitude of the civilly disobedient, and their good intentions may serve them well in the exercise of prosecutorial discretion and in mitigation of sentence. But that doesn’t mean anyone has a greater right to commit an offense than anyone else.

No, “disruption” is not a right of protesters. Protest is to join together with like-minded people to express your views to the government to seek redress of grievances. But not at the expense of other people’s rights to choose not to associate. Protesters don’t own the roads and bridges. They are there for all of us. That was the case when BLM protests shut down highways. That’s still the case when Canadian truckers shut down the Ambassador Bridge.

But as the unduly passionate remind us, if protesters are well-behaved, respect other people’s rights, don’t burn, loot, honk or cause people to be angry and miserable (or “uncomfortable,” as AOC prefers to call it), their protest won’t have the impact they want it to have. Here’s the dirty little secret about protests. You can do it all you want, within the parameters of what’s lawful, but you aren’t guaranteed that your protest will prevail over the will the rest of a nation. Not even if you’re absolutely certain that you are on the side of truth and justice and everyone else is bad, evil and wrong.


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25 thoughts on “Dancing In The Streets, Eh?

  1. Richard Parker

    I’m with the truckers and with Rand. The pandemic has been used to trample civil liberties and there are elements in the ruling class who want this to be the “New Nirmal”.

      1. Hal

        I know how much you dislike tummy rubs, but that’s the line of the day right there.

        Would it be presumptuous for me to say “Welcome back”?

  2. Dissent

    As someone who was active in the ’60s — lie-ins, barricading the Dow Chemical dude, blocking bridges and traffic, etc., we did so with the full understanding that our civil disobedience would result in our arrest. Law enforcement and the national guard did their thing — often overly aggressively — but protesters, however peaceful and nonviolent we were, were not allowed to disrupt traffic and business for everyone.

    I see the current situation as no different. Arrest the drivers and seize the trucks.

    1. SHG Post author

      I wonder if our paths crossed back then? While I’m a little less sanguine about arrests and seizures as an answer, compelling them to move along upon pain of action because their right to disrupt ends at other’s right to use the same roads and bridges is an appropriate initial response.

      1. Dissent

        If you were an activist, it’s quite possible our paths crossed at some rally or protest. I attended a number of protests or events on LI back then and worked with CORE quite a bit for a few years, but I also participated in events in D.C., Boston, and NYC.

        The risk I see with trying to compel people to move along is that’s where it tended to get more problematic with force, macing protesters, and physically harming protesters. I think if law enforcement or guard try to compel a bunch of people who are not committed to nonviolence, it will get ugly really quickly and people will get hurt. So maybe ask them once nicely to move, and then go to arrest? But either way, we agree that protesters do not get a free pass no matter how right they think they are or how nonviolent they may be.

  3. Elpey P.

    Can we get someone with a guitar to go out and lead the truckers in a round of “Have You Been To Jail For Justice?”

        1. Guitardave

          That’s a lot of bucks I don’t have for gas and such…Maybe a quick GoFukMe thing….oh, yeah, never mind. Plus the fingers don’t work so well in sub-zero temps…maybe just send them the YT link, or someone younger…and Canadian.

  4. Hal

    I’ve been trying to follow the rules and not post this, but Howl and Dave seem to be asleep at the switch, so here’s a tastey version of the Dead performing “Dancing in the Streets” from the legendary show at Cornell’s Barton Hall 5/8/77;

    No need to thank me.

    1. Guitardave

      Hey Hal…don’t make assumptions. Some of us have to get up at 4am, while you’re still sleeping, and do dumb stuff…like work. OK?

    2. Howl

      Good choice, Hal. When I saw the title of this post I knew this would be the song. Though I didn’t have to go to work like GD, weekends tend to be busy here at Howl Manor. I appreciate it when someone takes up the slack. It’s not easy when some mean-ass blawger insists on working seven days a week.

  5. Anonymous Coward

    The size and scale of the Canadian protests and the corresponding outrage in the media and among the politicians and Twitterati who imposed and cheered for the policies the truckers and farmers are protesting indicates that the action is effective. The truck convoys are also symmetrical, producing the same effects as the “lock downs ” they are protesting. This is summed up by a Tumblr post: Reporter “how long will you be in Ottawa?” Trucker “two weeks to flatten the curve”.

    1. SHG Post author

      Don’t assume. Up to now, it’s gotten culture war interest from the anti-vax folks, but it hasn’t accomplished anything other than give their adversaries fodder to fight with, make them look like liars and fools and burn up a lot of fuel going nowhere. They got attention but changed nothing.

  6. Hal

    @ Dave,

    Mea culpa, mea culpa, mea maxima culpa. I meant no harm.

    @ SHG,

    Hadn’t know known you were there. I’m more than a little envious. Did you have the sense that night that there was something spec’l about that show?

    A neighbor of mine was there and I asked him the same question. He said something like “Not a clue”. He had a good time, was glad he went, but was surprised to learn that the show is widely considered to be among the best they gave.

    @ Howl,

    I’m among those who think the version of “Dancing in the Streets”, played one week later in St. Louis was better. Arguably, the best they ever did. But the Cornell show is legendary for a reason. “New Minglewood Blues is a favorite of mine, “I was born in a desert and raised in a lion’s den!”, and the one they played that night was EPIC!

    Imposing even further on our host’s forbearance…

    Here’s the 5/15/77 version of “Dancing in the Streets”;

    And the “Minglewood Blues” from Barton Hall/ Cornell;

    I hope some of the other regulars at the hotel bare appreciated this digression from our usual programming. If not, kindly indulge the music geeks who’ve been grievously deprived of live music for… far too fucking long.

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