Civil Rights Law

Will Gay Marriage and Civil Unions Hurt the United States?

July 14th, 2009 at 02:55am Under Civil Rights Law

With New Hampshire soon becoming the fourth state in the U.S. to offer legal recognition to gay and lesbian relationships, the “traditional marriage” debate is once again heating up.

The religious right maintains that civil unions and gay marriage will break down the traditional family. They hold firm that God meant for marriage to be between one man and one woman for the purpose of procreation. I have heard television evangelists say that our laws were derived from the 10 commandments and that we are a Christian nation. Radical right wing websites plant the seeds of fear by equating civil unions and gay marriage to legalizing pedophilia!

Fear is a very powerful emotion. Fear is what enabled Hitler to execute millions of Jewish people. Fear is what convinced the American people that invading Iraq was the right thing to do. It is easier to fear and avoid the unknown than it is to embrace change. Only education and experience can ease the emotions caused by man made fear.

If we looked beyond the radical opinions on both sides and looked at what we have learned from experience, it is clear that gay marriage and/or civil unions do not break down the fabric of our society.

Looking toward experience for some answers, Massachusetts legalized gay marriage in 2004. Most of the other New England states have some type of civil union laws. Providing legal recognition to gay relationships has not produced any negative change in the lives of any New Englander, it has not had an affect on heterosexual marriage nor has it produced an increase in pedophilia (as some would want you to believe).

To find the correct answers to the questions surrounding the legalization of gay unions, one only needs take a rational look at the issues:

1. If my gay neighbors get married, how will this affect me?

It won’t

2. Is the institution of marriage a Christian owned institution or is this a legal contract?

The state requires a marriage license, therefore, marriage is a legal contract. In addition, the state provides alternatives to religious marriage ceremonies.

3. Do we, as Christians, have the right to tell others, including others that practice a religion that allows gay marriage, they must live by our Christian laws?

American is freedom of religion. Christians have no right to force their religious beliefs on others.

4. Marriage is for procreation, therefore, since gay people cannot procreate, these relationships should not be sanctified.

If this were true we would require every couple to have a fertility test before they are married and disallow any infertile person to marry.

5. Sanctifying gay relationships will break down traditional families and marriages.

How can this possibly happen? Gay people are only asking for the same rights and responsibilities granted to heterosexual couples. Recognizing gay relationships will not cause more people to “be gay” nor will it break down any heterosexual marriage. The only possible way that gay relationship recognition would have an affect on the “traditional family” would be if you were looking at “traditional” in a biblical way. In that way, there would be no “man” of the family or biblical “head” of the household.

Sanctifying gay relationships will not hurt this country. It may even make this country stronger. It will open more people up to health insurance eligibility. It will take some off welfare rolls (once married, welfare will not cover the families if at least one person works). It will reduce the states liabilities to provide low income people with health insurance, child care reimbursement, etc because fewer families will meet the income qualifications for these services. But most importantly, it will provide your neighbors with the ability to visit their partners in the hospitals, sign consent for medical treatment for their partners and prevent the children in these families from having to feel ashamed of the parents that they love.

G. Bresciawww.gayleslist.com

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National Law Center on Homelessness and Poverty

July 13th, 2009 at 08:54pm Under Civil Rights Law

Over the past year more than 3 million Americans were homeless. A scary thing is that a lot more people are at risk of becoming homeless. The Department of Housing and Urban Development conducted a study in 2001 which showed that nearly 5 million low-income American households were paying more than a half of their income on rent and thus were a great risk of becoming homeless. A great number of circumstances like missed paycheck, health problems or unpaid bills can force these families into homeless.

One of the main reasons for homelessness is obviously deficit of housing that poor families can afford. National Law Center has special projects that are aimed to increase a number of affordable housing. NLCHP has helped to convert federal property worth more than $100 million into housing, job training centers, and child care facilities for homeless people. These places help thousands of homeless people every year. NLCHP also helps to Increase Housing Through Enforcement of Civil Rights by supporting and advocacy consultations. NLCHP assists local groups to battle Not-In-My-Back-Yard opposition to siting of housing for homeless people. NLCHP has issued two reports documenting NIMBY impact on housing and services for homeless people, talking about Fair Housing Act protections for siting of such facilities, and suggesting practical actions to reduce NIMBY resistance.

Since the level of income has a great effect on risk becoming homeless, the Law Center has developed Income Project that is focused on providing Supplemental Security Income, food stamps, welfare, and some other benefits for homeless people. NLCHP runs an Earned Income Tax Credit campaign with the help of which homeless workers can find out more about the tax credit and how to receive it, since tax credit is a great increase in income. The Law Center also helps homeless people wit mental disabilities to receive Mental Illness Disability Benefits.

The Law Center implements effective actions according to the McKinney-Vento Act, the law that provides a great number of educational rights to homeless children. NLCHP also supports parents, guardians and educators all over the country to make sure that homeless children have an access to public schools, so they can get proper education. The Center makes great effort to enforce different laws and policies that would protect homeless children and teens.

Another very important aspect for homeless people is civil rights. The NLCHP does not leave this aspect aside. It fights against the laws that prohibit homeless people conducting life-sustaining activities in public places, even if there are no private spaces provided for homeless to conduct these activities. For instance, laws do not allow sleeping in public places even if a person does not have a home where to sleep. Some laws might not allow eating in public places. To help out homeless people regarding this issue, the Law Center has Civil Rights Project that advocates against the laws that I have mentioned above. On March 4, 2005 in Washington D.C. the Inter-American Commission on Human Rights, one of two organizations in the inter-American structure for the encouragement and protection of human rights, had a inquiry to evaluate fulfillment with the basic human right to housing by the largest Western nations.

It is crucially important that NLCHP updates and innovates its programs regularly. For example, at the end of January 2005 the Center presented Ten-Year Plan to End Homelessness to D.C. City Council. The D.C. plan like many others is mainly focused on chronically homeless. However, it should also focus on homeless families and children.

In order to end homelessness, according to NLCHP, a number of policies have to be implemented to eliminate the basic causes of this unwanted by any society issue. The Law Center’s main goal is to increase the number of affordable housing, raise incomes, so people can afford to pay rent and still have money left over, and increase government assistance to homeless people.

Jeff Stats is a staff writer at college essay writing service Mindrelief.net that provides highest quality custom term papers, and research papers.

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Online Astrology advice and Horoscopes consultation

July 13th, 2009 at 02:54pm Under Civil Rights Law

Information about various Indian laws and government policies. Features a lawyer search service, online legal help, and a 24 hour helpline for members.Online Legal solution (helplinelaw.com) is a special legal service with its emphasis on client and user friendly services rather than lawyer / advocate or technical data.Due to this we have thousands of visitors who have found a legal practitioner at a city / country of their choice with the least amount of fuss and effort.Our Legal services are available in 900 cities and 217 countries worldwide as a USA, UK, UAE, Canada, India, China, Japan, Italy etc.Most of the reference and replies are sent within 2 days and so the legal solutions are available very fast considering existing standards.A special Pro bono (free legal advice) segment is available for people who need legal support but either is financially incapable or cannot go out on their own for legal advice by Help Line Law.Help Line law during the current year would bring special focused services to its users:1) Real Estate: Helplinelaw: This service will offer approved and legal property purchase options in India. It will make it possible for members to locate project, which are legally safe and good to purchase.This service will initially be launched helplinelaw.com at New Delhi, Mumbai, Bangalore, Chennai, Kolkata, Goa, Ahmedabad, Agra, Ahmedabad, Bangalore, Baroda, Bhav Nagar, Bombay, Calcutta, Chandigarh, Chennai and National Capital Region (NCR). We accept the people to benefit immensely with this service.2) Specialized searches for Immigration, Corporate and Commercial work, Family matters, Intellectual Property Rights (IPR), Taxation matters, Divorce Laws, custody, Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, Civil, Criminal Solicitor, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Property lawyer, deeds, drafts.It will be our endeavor to provide focused and specialized services to all our visitors and client and assist them in finding the most appropriate option for their searches and requests.

India Law offices wrote this article on behalf of real estate investment policy in Indian Law. For more information on Indian real estate government policy for visiting India law firms lawyer online directory and online legal services by helplinelaw.com.

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The Statutory Right of Publicity for Deceased Celebrities in California and the Impact of Sb 771

July 13th, 2009 at 08:54am Under Civil Rights Law

Creation of the Right of Publicity in California

The “right of publicity” is generally defined as the right to control or prevent the unauthorized use or commercial exploitation of one’s name, likeness, voice or “personality.”[1] The right of publicity evolved from the right of privacy, which itself has evolved dramatically over more than a century. In 1890, Samuel D. Warren and Louis D. Brandeis published a seminal article in the Harvard Law Review entitled The Right to Privacy,[2] in which they argued for a remedy for those injured by unauthorized public disclosure of truthful but embarrassing private facts.[3]

By the mid 1900’s, some courts and state legislatures had adopted some elements of the Brandeis-Warren theory. However, the question arose as to how to apply these rights to celebrities who had voluntarily and affirmatively sought the spotlight.

Second Circuit Judge Jerome Frank answered that question in 1953 when he coined the term “right of publicity” in the case of Haelan Laboratories Inc. v. Topps Chewing Gum, Inc. [4] The Haelan case asked whether a baseball player could assign exclusive rights to produce a card with his photograph on it to one single baseball card manufacturer.[5] The court determined that prominent persons do possess a “right of publicity”[6] which was an assignable interest, unlike the strictly personal – and therefore non-assignable — right to privacy.[7]

Judge Frank’s opinion was followed by a prominent article by Professor Melville B. Nimmer that analyzed the right to publicity as an assignable property right.[8] Nimmer explained that a mere right to privacy did not sufficiently address the issues unique to celebrities; while the right to privacy protected individuals from indignity and embarrassment, the right to publicity dealt with a celebrity’s ability (and, theoretically, anyone’s ability) to protect the commercial value of his or her image and identity.[9]

California first codified the right of publicity in 1971, when the California legislature enacted Civil Code section 3344, which enables recovery by any living person whose name, photograph, or likeness has been used for commercial purposes without his or her consent.[10] California courts have recognized both the statutory and the common law right of publicity. [11]

 However, both the common law and statutory rights of privacy were only available to living plaintiffs; the right was not freely descendible and thus expired by operation of law upon the death of the person claiming the right.[12] This very issue lay at the heart of two seminal companion cases decided in 1979: Lugosi v. Universal Pictures[13] and Guglielmi v. Spelling-Goldberg Productions.[14] In those cases, the California Supreme Court determined that the heirs of deceased celebrities had no statutory protections against posthumous exploitation of the celebrity’s image.

In Lugosi, the heirs of actor Bela Lugosi (best known for playing the title role in the 1930 movie, “Dracula”) sued to enjoin and recover profits from Universal Pictures for licensing Lugosi’s name and image on merchandise.[15] The California Supreme Court upheld the decision of appellate court in finding that the right to exploit one’s name and likeness is personal and must be exercised, if at all, by him during his lifetime.[16]

Similarly, in Guglielmi, the California Supreme Court cited to and relied upon its opinion Lugosi in holding that Rudolph Valentino’s heirs could not obtain an injunction or damages from the defendant because Valentino’s right of publicity was not descendible under California law.[17] Because Valentino had not exploited his name and likeness during his lifetime, others could now use it without liability to Valentino’s heirs.[18]

Courts outside of California honored the Lugosi and Guglielmi decisions as well in applying California law. In Groucho Marx Productions, Inc. v. Day and Night Company, Inc.[19], the Second Circuit held that the rights of publicity were not descendible under California law. In that case, the Marx Brothers’ assignees sued a production company for interference with the assignees’ publicity rights; the production company incorporated three characters that strongly resembled the Marx Brothers in its Broadway musical, “A Day in Hollywood/ a night in the Ukraine.” The federal district court in New York had applied New York law, determining that New York recognized a descendible right to publicity and granting summary judgment to the plaintiffs.[20] The Second Circuit, however, reversed that decision, holding that the descendibility issue was governed by California law and as a result, the plaintiffs had no right to relief.[21]

Legislating a Post-Mortem Right of Publicity

The holdings in Lugosi and Guglielmi precipitated legislation designed specifically to create a statutory descendible right to publicity. In 1984, the California legislature enacted Civil Code section 990 (renumbered as section 3344.1 in 1999), creating a post-mortem right of publicity for “deceased personalities,” – individuals whose names, voices, signatures, photographs, or likenesses had commercial value as of the time of their death.[22] This legislation became effective January 1, 1985.

Section 990 explicitly stated that the right of publicity is a property right, “freely transferable, in whole or in part, by contract or by means of trust or testamentary documents” whether that transfer occurs before, by or after death of the personality.[23] The statute held that absent an explicit transfer of this right, it automatically goes to the statutory/ intestate heirs of the deceased (spouse, children, parents).[24] If the celebrity fails to transfer the right explicitly and dies without any statutory heirs, the right of publicity terminates.[25] Otherwise, the extended right of publicity would expire 50 years after the death of the deceased personality.[26]

In an attempt to maximally preserve First Amendment protections for creative outlets, the new statutory provision exempted from liability plays, books, magazines, newspapers, musical compositions, films, and radio and television shows that used a deceased celebrity’s likeness, name, voice, etc.[27]

 The registered owner of the posthumous rights to The Three Stooges comedy act relied on section 990 to obtain damages against an artist who reproduced his charcoal drawings of the act on lithographs and t-shirts.[28] The artist had claimed that his artwork was creative and transformative enough to warrant First Amendment protection against the plaintiff’s right of publicity claim, just like the specifically listed exemptions in the statute. The court agreed that when a work of art is so transformative that the value of the work derives primarily from the skill and creativity of the artist rather than from the fame of the celebrity depicted, the work may be protected by the First Amendment.[29] However, the court determined that Saderup’s depictions were more literal than transformative — a clear attempt merely to exploit the Three Stooges’ fame — and therefore First Amendment protection did not apply.[30] If Saderup wanted to continue to use these images, he needed to obtain the consent of the right of publicity holder.

However, that same list of exempt uses in section 990 posed new problems, exemplified in two main cases:

In Joplin Enterprises v. Allen,[31] a federal district court applied section 990 to find that a two-act biographical play about deceased singer Janis Joplin was not actionable. Joplin’s devisees alleged that the play constituted copyright infringement as well as misappropriate of Joplin’s privacy and publicity rights.[32] The court determined that section 990 applied only to unauthorized “merchandise, advertisements and endorsements,” and it explicitly exempted plays from liability.[33]

The Ninth Circuit similarly exempted an instructional dance video from liability under section 990 in Astaire v. Best Film & Video Corp.[34] In Astaire, the widow of famed dancer Fred Astaire sued a videotape manufacturer for using Fred Astaire’s image in a series of dance instructional videotapes – each tape opened with about 90 seconds of footage of Astaire. Mrs. Astaire claimed the company violated her statutory right to control the use of her husband’s name and likeness under section 990.[35]

The Central District of California agreed with Mrs. Astaire, finding that the company used Astaire’s image “on or in products, merchandise, or goods” in violation of the statute.[36] But the circuit court reversed and remanded, finding that the pre-recorded videotapes fell into the “film” exemption of section 990(n).[37] Indeed, the court determined that the film exemption applied even if the use was an advertisement or commercial announcement.[38]

The Astaire Amendment: Deleting exempt uses

After losing her difficult and expensive lawsuit, Mrs. Astaire teamed up with the Screen Actors Guild to sponsor legislation that would clarify and expand the post-mortem right of publicity. That bill, SB 209, passed in 1999 and became known as the “Astaire Celebrity Image Protection Act.”

 Most significantly, the Astaire Amendment eliminated the list of exempt uses of deceased celebrity likenesses, thereby substantially increasing the types of uses for which consent of the celebrity’s heirs is required. The bill also extended the descendible right of publicity from 50 years to 70 years following the celebrity’s death.[39]

Despite these amendments to clarify and expand the descendible posthumous right of publicity, there remained a gap in the law that was revealed by two similar cases regarding the posthumous rights of Marilyn Monroe: Milton H. Greene Archives, Inc. v. CMG Worldwide, Inc.[40] and Shaw Family Archives, Ltd. v. CMG Worldwide, Inc.[41] (collectively, the “Monroe cases”). When Marilyn Monroe died, she left the residue of her estate to her acting coach, Lee Strasburg, who, upon his death, left most of his estate to his wife, Anna Strasberg.[42] Anna Strasberg then transferred her interest in Monroe’s estate to Marilyn Monroe LLC, who licensed CMG Worldwide, Inc. to use Monroe’s images and likenesses.[43] In these two actions, CMG sued other parties for their unauthorized use of Monroe’s image.

In the Monroe cases, both courts interpreted section 3344.1 as prohibiting publicity rights from passing by will if the personality died prior to January 1, 1985.[44] In other words, the statutory descendible right of publicity did not exist when Monroe died, so, by operation of law, it could not have been a property right that she possessed upon death.[45] Because Monroe did not own this property right at the time of her death, she could not have transferred it in the residuary clause in her will.[46] Moreover, even if Monroe did possess the right, section 3344.1 only enables transfers to statutory heirs – Monroe had no statutory heirs, so her right would terminate in any event.[47] Both courts ruled against CMG on summary judgment.

The holdings in the Monroe cases had unsettling implications. Many deceased celebrities and their devisees left or transferred residual estates to charitable organizations, which relied in part on their ability to license the famous images for fundraising purposes. The Monroe holdings effectively removed from these organizations many rights they had relied upon. Reflecting these concerns, the federal district court for the Central District of California wrote:

The court reaches this conclusion with some reluctance because … at least some personalities who died before passage of the California … right of publicity statute[] left their residuary estates to charities, which will be “divested” of those rights under the court’s holding… As noted, however, nothing in this order prevents legislatures from enacting right of publicity statutes so as to vest the right of publicity directly in the residuary beneficiaries of deceased personalities’ estates or their successors-in-interest.[48]

 The 771 Amendment: Enabling retroactive transfers to residual estates

The California legislature wasted no time following the suggestion of the Milton H. Greene court. Merely six weeks after that opinion was published, State Senator (and former child actor) Sheila Kuehl[49] fast-tracked through the legislature[50] Senate Bill 771, designed specifically to clarify the scope of Cal. Civil Code section 3344.1 and to abrogate the decisions in the Monroe cases.[51]

The somewhat controversial SB 771 accomplished several goals. First, it explicitly stated that a deceased celebrity’s right of publicity applies to individuals whether or not they died before January 1, 1985.[52] The amendment deems, retroactively, that a deceased celebrity’s right of publicity existed and was transferable even if they died before the enactment of section 3344.1.[53] In the event the celebrity did not expressly transfer this right (and why would they, if they didn’t know it existed?), the right became part of the deceased personality’s residual estate and was transferred to whomever received those assets.[54] The resulting owner of that right has 70 years from the date of the celebrity’s death to control use of the celebrity’s image for commercial purposes.[55]

Despite the efforts to get SB 771 drafted and passed quickly, it still did not help CMG Worldwide and Marilyn Monroe LLC (“MMLLC”). On November 21, 2007, armed with the newly-passed SB 771, CMG and MMLLC filed a motion for reconsideration in the Milton H. Greene case, which the federal district court granted.[56] The court agreed that, due to the passage of SB 771, CMG and MMLLC did have standing to assert Monroe’s posthumous right of publicity under California law.[57] However, after a detailed analysis, the court determined that Monroe was domiciled in New York, not California, at the time of her death.[58] Because New York did not recognize either a common law or statutory posthumous right of publicity in 1962 and because, unlike California, New York has not passed a statute to recognize such rights retroactively, Monroe did not possess the right to publicity when she died and therefore could not have transferred it in her will.[59]

Right of Publicity Laws in Other States

 Though the right of publicity is derived from the Constitutional notion of the right of privacy, it is created and enforced via state laws. At least nineteen states have developed and passed a statutory right of publicity[60]; not all of them treat the right as descendible.[61] At least eleven other states only recognize a common law right to publicity.[62] The American Law Institute’s Third Restatement of Unfair Competition (1995), section 46, also recognizes the right of publicity as a separate legal theory.

The state of Indiana actually has the most comprehensive right of publicity statute on the books.[63] Enacted in 1994, Indiana’s law protects a deceased individual’s right of publicity for 100 years after his death and includes protections for the celebrity’s signature, photograph and gestures, as well as the more typical name, image and likeness.[64] Otherwise, Indiana’s law is similar to Cal. Civil Code section 3344.1.

 New York, on the other hand, gives celebrities a statutory claim against the use of only their “name, portrait, or picture…. for advertising purposes or for the purposes of trade.”[65] New York Senator Martin Golden and Assemblywoman Helene Weinstein presented SB 6005/ Assembly Bill A08836[66] to the New York Legislature. While early attempts were made to rush that bill through the New York legislature, the bill was halted, apparently due to concerns that it is overly broad in nature, posing potential conflicts with Constitutional rights and other rights.[67]

Potential Negative Implications of SB 771

The New York legislature’s hesitancy to rush right into endorsement of its bill — the identical twin to California’s SB 771 — reflects some of the real concerns about and potential problems resulting from SB 771.

Because SB 771 is retroactive in nature, it may grant rights to some people retroactively while taking away from others rights that they had relied upon by entering into contracts and otherwise lawfully exploiting certain images.[68] As a result, this area is certainly ripe for testing, with the strong possibility of some untenable judicial results and, subsequently, more statutory amendments.

 The statute attempts to preempt some future litigation by including this condition: If a statutory heir[69] exercised his or her rights to exploit a deceased celebrity’s likeness before May 1, 2007, and that exercise was not challenged successfully in court by a transferee of the celebrity’s residual estate, the residual estate transferees cannot use SB 771 to now come back and claim that right to publicity.[70] In fact, in this factual scenario, the residual estate is forever barred from claiming the right of publicity, which remains with the statutory heirs throughout the statutory period.[71]

 However, that statutory provision does not address what will certainly be the more common situation – when the transferees of a celebrity’s residual estate file suit for damages and an injunction against a person or company that lawfully used that celebrity’s image or likeness for commercial purposes long before enactment of SB 771. Due to the retroactive nature of SB 771, the residual estate could theoretically reach back many years and disgorge substantial profits from an entity whose use had been legal throughout that time, as well as permanently enjoin future use by an entity who may have built an entire brand around the use.

 Because the right to publicity differs so dramatically from state to state, and because there is so much overlap between right to publicity issues and issues dealing with trademark and copyright law, First Amendment protections, and other laws, several groups are pressing for Congressional enactment of a federal right to publicity law. The proposal by the International Trademark Association, for example, would amend the Lanham Act to add a federal right of publicity that would specifically preempt all state law, both statutory and common law.[72]

 The INTA’s proposed federal law does include a descendible and transferable right of publicity effective for a period of time after a celebrity’s death.[73] However, it also includes a provision that the California’s law lacks – a “grandfather clause” that protects the rights of prior users.[74]

Conclusion

Undoubtedly, California’s right of publicity statute remains on the frontlines of the evolution of this legal concept. As home to an abundance of celebrity’s, California’s statute is frequently tested and amended when those tests reveal a gap in the law. Senate Bill 771 represents only the latest step in the evolution, but it probably goes too far, creating more legal problems than it may solve.

As a result, SB 771 certainly will not be the last word on California’s statutory descendible right of publicity. Whether ultimately preempted by a new federal law or not, the California statute will need to address the rights of prior users who acted in reliance on their pre-SB 771 rights and are harmed as a result of this retroactive bill. Future litigation on this very issue, likely followed by yet another legislative amendment, is predictable.

——————————————————————————–

[1] See, e.g., Miller v. Glenn Miller Prod., Inc., 454 F.3d 975, 99. 988-989, n.6 (9th Cir. 2006).

[2] Samuel D. Warren and Louis D. Brandeis, The Right to Privacy, 4 Harv. L. Rev. 193 (1890).

[3] Id. at 213.

[4] 202 F.2d 866, 868 (2nd Cir. 1953).

[5] Id. at 867.

[6] 202 F.2d at 868.

[7] Id. at 868-869.

[8] Melville B. Nimmer, The Right of Publicity, 19 Law & Contemp. Probs. 203 (1954).

[9] Id. at 203-04.

[10] Cal. Civil Code. Section 3344(a). The statute exempts from liability uses made in connection with  news, public affairs, sports broadcasts or accounts, and political campaigns. Cal Civil Code, section 3344(d).

[11] Miller v. Glenn Miller Prod., Inc., 454 F,3d 975, 988-89, n.6 (9th Cir. 2006).

[12] Lugosi v. Universal Pictures, 25 Cal. 3d 813, 820-822 (1979).

[13] Lugosi, supra.

[14] 25 Cal. 3d 860 (Cal. 1979).

[15] Lugosi, 25 Cal. 3d at 817.

[16] Id. at 822-823.

[17] 25 Cal. 3d at 864.

[18] The implication is clear that had Lugosi and Valentino actually contracted with the defendants regarding use of their likenesses during their lifetimes, the heirs would have the right to enforce those contracts posthumously. In these cases, however the defendants were using the images without the benefit of a contract that related to use of the images.

[19] 689 F.2d 317 (2d Cir. 1982).

[20] 689 F.2d at 319.

[21] Id. at 323.

[22] Cal. Civil Code section 3344.1(h).

[23] (Former) Cal. Civil Code section 990(b) (now amended and renumbered)

[24] Id. at 990(d).

[25] Id. at 990(e).

[26] Id. at 990(g).

[27] Id. at 990(n).

[28] Comedy III Productions Inc. v. Gary Saderup, Inc., 25 Cal. 4th 387 (2001).

[29] 25 Cal. 4th at 407.

[30] Id. at 409.

[31] 795 F. Supp. 349 (W.D. Wash. 1992).

[32] Id. at 350.

[33] Id. at 351.

[34] 116 F.3d 1297 (9th Cir. 1997), as amended by 136 F. 3d 1208 (9th Cir. 1998).

[35] 116 F.3d at 1299.

[36] Id. at 1300.

[37] Id. at 1301-1302.

[38] Id. at 1302.

[39] Cal. Civil Code section 3344.1(g).

[40] Milton H. Greene Archives, Inc. v. CMG Worldwide, Inc. (unreported), (No. CV-05-02200MMM), 2008 WL 655604 (C.D. Cal. Jan. 7, 2008), summary judgment affirmed by Milton H. Greene Archives v. CMG Worldwide, Inc., ___ F. Supp. ___. 2008 WL 1922980, No. CV 05-2200 MMM (C.D. Cal. March 17, 2008).

[41] 486 F. Supp. 2d 309 (SDNY 2007).

[42] Shaw, 486 F. Supp. at 312.

[43] Id.

[44] Id. at 317; Milton H. Greene, 2008 WL 655604, at *1.

[45] Shaw at 319; Milton H. Greene, 2008 WL 655604, at *1.

[46] Shaw at 319.

[47] Shaw at 319; Milton H. Greene, 2008 WL 655604, at *1-2.

[48] Milton H. Greene court’s May 14, 2007 Order granting summary judgment in favor of plaintiffs, at 36:15-20, n.38 and n.80.

[49] The bill was drafted and sponsored by the Screen Actors Guild at the urging of CMG. It received strong support from the Cecil B. DeMille Foundation, the Marilyn Monroe LLC, the Motion Picture and Television Fund, [John] Wayne Enterprises and the California Labor Federation.

[50] The  bill passed through the California legislature on September 7, 2007 and was signed into law by governor Arnold Schwarzenegger on October 10, 2007. It took effect January 1, 2008.

[51] Section 2 of Stats. 2007, c. 439 (S.B. 771).

[52] Cal. Civil Code section 3344.1(b).

[53] Id.

[54] Id.

[55] Cal. Civil Code section 3344.1(g).

[56] Milton H. Greene Archives v. CMG Worldwide, Inc., ___ F. Supp. ___. 2008 WL 1922980, No. CV 05-2200 MMM (C.D. Cal. March 17, 2008).

[57] ____ F. Supp. at ____; 2008 WL 1922980 at *3.

[58] More specifically, the court found that authorized representatives of Monroe’s estate had repeatedly represented in various forums that Monroe was a resident of New York, not California, and was only in California temporarily for work, with no intent to remain in California.  The court performed a lengthy and detailed analysis to determine that CMG was barred by judicial estoppel from asserting that Monroe was domiciled in California and therefore possessed a right of publicity under California laws. 2008 WL 1922980, at *33 – *34.

[59] Id. at *3.

[60] These 19 are: California (Cal. Civ. Code section 3344 and 3344.1), Florida (Florida Stat. section 540.08), Illinois (Ill. Rev. Stat. ch. 765 section 1075/1 et seq.), Indiana (Ind. Code section 32-36-1 et seq.), Kentucky (Ky. Rev. Stat. Ann. Section 391.170), Massachusetts (Mass. Gen. L., ch. 214 section 3A), Nebraska (Neb. Rev. Stats. Section 20-202), Nevada (Nev. Rev. Stat. sections 597.770 – 597.810), New York (N.Y. Civil Rights Law sections 50, 51), Ohio (Ohio Rev. Code Ann. Sections 2741.01 et seq.), Oklahoma (Ok. Stat., Title 12, sections 1448 and 1449), Pennsylvania (Pa. Cons. Stat. Title 42, section 8316), Rhode Island (R.I. Gen. Laws sections 9-1-28 and 9-1-28.1(a)(2)), Tennessee (Tenn. Code Ann sections 47-25-1102 to 47-25-1107), Texas (Texas Prop. Code Ann. Section 26.001 et seq.), Utah (Utah Code Ann. section 45-3-1 et seq.), Virginia (Va. Code section 8.01-40), Washington (Wash. Rev. Code Ann. 63.60-010 et seq.) and Wisconsin (Wisc. Stat. section 895.50(2)(b)).

[61] The following states’ right of publicity statutes do not appear to grant rights after death: Massachusetts, Nebraska, New York, Rhode Island, Pennsylvania, Utah, and Wisconsin.

[62] They are: Alabama, Arizona, Connecticut, Georgia, Hawaii, Maine, Michigan, Minnesota, Missouri, New Jersey, and Oregon.

[63] Ind. Code. Ann. Sections 32-36-1 et seq.

[64] Id. at 32-36-1-7 and 32-36-1-8(a).

[65] N.Y. Civ. Rights Law sections 50 and 51 (McKinney 2007).

[66] The New York bill is essentially identical to California’s SB 771. Like SB 771, it was introduced immediately after publication of the Monroe decisions and was similarly backed by CMG. There were rumors that CMG had hired a lobbyist specifically to assist the bill’s expedition.

[67] “Marilyn Monroe Historic Legislation Halted – Surprise to CMG and MMLLC”, PR-inside.com, June 25, 2007, located at http://www.pr-inside-com/marilyn-monroe-historic-legislation-halted-r161341.htm#.

[68]David Marcus, attorney for the Shaw Family Archives, claims (without specificity) that SB 771 conflicts with California laws relating to wills and estates. New York intellectual property attorney Nancy Wolff asserts that the California legislature violated its own procedural rules when it rushed SB 771 through. (“California Adopts New Right of Publicity Law,” pdnonline.com, October 12, 2007 (located at http://www.pdnonline.com/pdn/newswire/article_display.jsp?vnu_content_id=1003658099). If either or both of these assertions are true, they would provide additional grounds for legal challenges to SB 771.

[69] Other than someone who was specifically disinherited by the deceased personality. Cal. Civil Code section 3344.1(o).

[70] Id.

[71] Id.

[72] See the INTA’s Adopted Resolution on the Federal Right of Publicity at http://www.inta.org/index.php?option=com_content&task=view&id=285&Itemid=153&getcontent=3.

[73] Id.

[74] Id.

Mr. Zuber is a partner of Zuber & Taillieu LLP, where he specializes in patent and trademark transactions. He earned a J.D. from Columbia Law School, an M.P.P. from Harvard University, and a B.S. in engineering from Rutgers University, where he graduated with highest honors.

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Attorney Employment Law – Think Twice Before Choosing An Attorney!

July 13th, 2009 at 02:54am Under Civil Rights Law

Attorneys specialize in only some areas when it comes to employment law and not many people realize this . But why is it difficult to find an attorney practicing employment law even when all of them take the exactly same test to pass the bar?. Shouldn’t all of them be able to practice the law at least to some extent? It has become a fact that there are a very few attorneys who actually specialize in this field .Don’t get confused as in reality attorneys do not specialize in any specific areas in their field. One can always find a good attorney practicing employment law when needed.
Civil rights law, common law torts, statutory torts and the state law versus federal law combine together to form the employment law. Therefore in case you need an attorney from this area, always be sure to check with the State Bar Association to know more about your attorney and his experience in the field before hiring him.
The amount of money that you are willing to spend on your attorney should always be thought of. Most of the experts in this field cost you about $300.00 or more for an hour. And don’t forget that it takes more than a few hundred hours for a case. In case you have just been fired an attorney won’t be affordable. But try talking to about contingency to your attorney if you think you have a good case at hand. A contingency fee is what the attorney gets (usually 45% or more) out of the money recovered by the client. Remember to settle the fee with the attorney before taking the case to the court and trying it. There are many things to take into consideration when it comes to the employment law cases. One, the chances of the case winning, two, and the attorney won’t take the case on a contingency basis if the case has no hopes as it is he who has to spend the money and time
The damages occurred are also taken into account while considering a potential case. There won’t be any meaning in suing if you end up getting a better paid job,as there is no damage inflicted upon you .It mite actually cost a lot to state a point that does not exist.
One may need to spend more than what is needed for the lawyer’s fee. The filling of the case, presence of a stenographer, messenger and so many other things add up to the expenditure with time. Therefore think twice and make sure you have a good case before approaching a lawyer.

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Information For Riders And Owners – Horse Law

July 12th, 2009 at 08:54pm Under Civil Rights Law

There are many people among us who are true horse lovers. They spend their precious time in horse related activities like training, riding, fooding etc. For all horse lovers, it should be known that keeping a horse is not an easy task. There is a law which deals with horse related activities known as horse law. If you want to own a horse for you as your hobby then you will have to follow the rules that are mentioned in horse law. A horse law typically deals with legal requirements of the ownership of horse. The stuffs like how to keep a horse and maintain it as per the rules. If you have owned a horse then you should have legal right to keep it with you. Incidents related to rides, trips, hunts etc are all part of horse law.The horse needs to be registered on your name which means on the paper work, the horse must be known to be yours. Those lawyers who practice horse laws as profession are known as equine lawyers. If you are have some issues related horse ownership or any other then you must take appointment from an equine lawyer to overcome the issue. You should personally check and evaluate all the paper work done when you own a horse. If you are not serious at the time of buying then you may have to face serious issues in future. Generally, it has been found that one who is passionate about owning a horse are real horse lovers. They often use the horse for various purposes like riding, hunting. Moreover, you can also cherish the horse in a public trial. You can also sponsor your horse in a trail, competition or a fair. During a public trail it also sometimes happens that a horse rider gets injured in an accident. To keep yourself protected from such conditions you can also get your horse insured. There are many companies who provide horse insurance services. You can search for one who provides insurance from veterinary bills to theft of track. Take a serious note when you are planning for horse insurance. If you are planning to bring your horse in a competition then you can hire a horse trainer who can teach various activities to the horse.Owning a horse is not only a task, other than that you have to take care of other things like maintenance, food, veterinary care etc. Do look for a green pasture land around you where your horse can get enough hay. You must check the physical and medical conditions of the horse before owning. Get it properly registered by the proper registry rules. When you have decided to own or lease a horse but do not have farm then you have an option to board a horse. It means that the horse will be sheltered at fully equipped stable where all amenities, care, training will be provided by the trainer. You just have to pay monthly fee for the boarding.

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How to Choose the Right Law Firm for Your Small Business

July 12th, 2009 at 02:54pm Under Civil Rights Law

Jonathan Cooper is an attorney in private practice in New York. He represents small businesses and individuals in the trial and appellate courts. For more information about his firm, please visit http://www.jmcooperlaw.com

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Human Rights Law in Canada

July 12th, 2009 at 08:54am Under Civil Rights Law

Worldwide Canada is considered to be one of the leading countries that support the global human rights movement. The history of Human Rights Law in Canada begins in the advent of the Canadian Bill of Rights, before that the human rights issues were usually regulated with single court cases and the verdicts of such cases were used to regulate similar situations. In 1938 by the decision of Reference re Alberta Statutes, the Supreme Court of Canada first recognized an implied bill of rights. The case revolved around an Albertan law that prohibited the press from criticizing the government. Another major step in the Human Rights Law was done in 1948 when the Universal Declaration of Human Rights was signed and from that moment the Canadian Government attempted to make universal human rights a part of Canadian law. While even before that the Government has done lot of thing to solve various racial discrimination problems, with the signing of the Declaration the country turned to equality and problems of homosexual people. Canada by the way was the fourth country in the world to legalize same-sex marriage nationwide with an amendment of the Civil Marriage Act. Despite all these achievements there are still some problems left today. Some Canadian provinces still have religiously segregated schools, there is a certain lack of anti-discrimination laws to protect the disabled and the treatment of Canada’s First Nations people or Aboriginal Canadians attract criticism form the United Nations and other countries. But still the main areas of the Human Rights like the freedom of speech or the workers rights are heavily protected by the appropriate parts of the Canadian Law.

Today there are four key mechanisms in Canada to protect human rights: the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, the Canadian Human Rights Commission, and provincial human rights laws and legislation. The cornerstone of human rights in Canada is the Canadian Human Rights Act. This Act was passed by the Canadian Government in 1977 and the goal of extending the law with this act was to ensure equal opportunity to individuals who may be victims of discriminatory practices based on various grounds such as gender, disability, or religion. The Canadian Human Rights Act applies throughout Canada, but only to federally regulated activities. Each province has its own anti-discrimination law that applies to activities that are not federally regulated. The Act triggered the creation of a Canadian Human Rights Commission that investigates claims of discrimination and also the creation of a Canadian Human Rights Tribunal to judge the cases. Another practice that is used in discrimination cases is the “Meiorin test”, it occurs if a complainant can show a valid case of discrimination and the defendant can rebut it by showing that their practice was for a justified reason. Also every case of discrimination in Canada undergoes several stages of investigation and remediation and only if the parties are not satisfied with the result the case will go to Canadian Human Rights Tribunal.

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California Hispanic Discrimination Lawyer And Latino Civil Rights Attorney Discusses Discrimination Against Hispanics, Latinos And Mexican-Americans

July 12th, 2009 at 02:54am Under Civil Rights Law

As the economic downturn worsens and unemployment rises in America, civil rights advocates and lawyers and Hispanic, Latino and Mexican-American discrimination attorneys in California fear the result may be an increase in discrimination toward Hispanics, Latinos and Mexican-Americans in the U.S.

If you have been the victim of discrimination toward Hispanics, Latinos or Mexican-Americans, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

While America has always stood for being a country with diverse ethnic cultures that make us great, the fear is that those who have the least, may suffer the most in this economic downturn as unemployment rises and jobs, even those that were previously unwanted, now become a precious commodity.

At the Law Firm of R. Sebastian Gibson, California Hispanic, Latino and Mexican-American Discrimination Lawyer, Sebastian Gibson has always stood for the protection of the civil rights of everyone living in the U.S. We fight for the rights of Hispanics, Latinos and Mexican-Americans to be treated with the same respect and the protections afforded to them under the law as every one else should be in America. And we are concerned that in these uncertain times, Hispanic, Latino and Mexican-American families do not become the object of discrimination when we should all be pulling together to help each other in times of need.

While African-Americans in this country have for many decades, always suffered the most unemployment, Hispanics and Latinos are not far behind. And while African-Americans can now look to President Obama as an inspiration to what a person can do of any race, Hispanics, Latinos and Mexican-Americans as well as other minorities, still suffer from discrimination in the work place and in daily life.

Instead of becoming a society where the rich cultures of Hispanics and Latinos are shared with other cultures in America, too much of the country remains segregated where Hispanics, Latinos and Mexican-Americans either choose to live or can only afford to live where the majority of their citizens are concentrated in parts of cities away from where Caucasians, African-Americans or other minorities live. There are many causes of discrimination, all of which are idiotic, but the less interaction different cultures have, the more likely it is there will be discrimination by those who do not relate to each other.

Studies have found that nearly three in every ten Hispanic workers feel they have been discriminated against in their employment. Some report being referred to with racial slurs at work while one in four feel they are paid less and have reduced career advancement prospects than their Caucasian counterparts. In many organizations, there is a scarcity of Hispanics, Latinos and Mexican-Americans in management positions.

FBI statistics show a dramatic increase in anti-Hispanic hate crimes. And sadly, hate groups are increasing due to anti-illegal immigration concerns.

One would have thought that as a result of this situation, that there would be a flood of civil rights advocates and anti-discrimination lawyers fighting for the rights of Hispanics, Latinos and Mexican-Americans. Yet, that is not the case.

A symbol of discrimination to many Hispanics, Latinos and Mexican-Americans is the construction of the U.S.-Mexico border fence which is actually several separation barriers designed to prevent illegal movement of goods and people across the U.S. and Mexico border.

The U.S.- Mexico border fence is reportedly nearing completion as this article is being written in March 2009. While much of the purported reasoning for the multi-billion dollar fence was based on preventing the entry of terrorists into the country, many feel that reasoning is flawed while our border with Canada remains open. While the efforts have also been aimed at stopping the flow of drugs into the U.S. a secondary effort is to prevent the flow of weapons bought in the U.S. and smuggled into Mexico.

Homeland Security Secretary Janet Napolitano has said that even the fence will not stop illegal immigration along the border with Mexico, although it may help prevent those who are crossing illegally from blending immediately into some town populations. However, the fence is not continuous and where there are gaps, surveillance technology must be utilized. And then, there remains the fear that tunnels will be used even more extensively than in the past.

Over forty tunnels have been found since 2001 and some have been extremely sophisticated. One such tunnel from Tijuana to San Diego was half a mile long, sixty to eighty feet deep, and eight feet tall. It had drainage, electricity and a concrete floor, and its entrance from the California side was in a modern warehouse. The entrance to the tunnel in Mexico was in another building.

It should be noted that the border with Mexico is 1,951 miles in length. The fence that is reportedly nearing completion was only completed for approximately 600 miles in February 2009, when news reports came out that the fence was nearly finished.

As a result of the construction of the barrier, there has now been an increase in the number of people trying to cross in such areas as the Sonoran Desert and over the Baboquivari Mountain in Arizona where no fence exists. This requires crossing 50 miles of inhospitable terrain to reach the Tohono O’odham Indian Reservation, which many fear may lead to an increase in migrant deaths along the U.S.-Mexico border if the smugglers try these more difficult routes.

In the last thirteen years, there have been around five thousand migrant deaths along the border. The U.S. Border Patrol Tucson Sector reported on October 15, 2008 that its agents saved 443 illegal aliens from almost certain death after being abandoned by their smugglers. Without the efforts of these border patrol agents, many more deaths would have occurred and may occur in the future.

The U.S.-Mexico border fence has been controversial, to say the least, since its inception. It has been condemned by the government of Mexico and opposed by many in the U.S. as well. Tribal lands of three American Indian Nations will be divided by the border fence and the campus of the University of Texas at Brownville will be divided into two parts according to a vice president of the university. A section of the barrier was even mistakenly built inside Mexican territory requiring its removal and rebuilding at a cost of over three million dollars.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been the victim of discrimination toward Hispanics, Latinos or Mexican-Americans.

There is no excuse for discrimination in America. If you have been the victim of discrimination against Hispanics, Latinos or Mexican-Americans, call California Civil Rights Lawyer Sebastian Gibson for a consultation.

Visit our website at http://www.CaliforniaAttorneysLawyers.com if you have been the victim of discrimination toward Hispanics, Latinos or Mexican-Americans. We have the knowledge and resources to be your California Civil Rights Lawyer and California Civil Rights Attorney anywhere in Southern California from San Diego to Orange County, and Santa Barbara to Palm Springs and all points in between.

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Jim Crow and Civil Rights in North Carolina

July 11th, 2009 at 08:55pm Under Civil Rights Law

Jim Crow and Civil Rights in North Carolina
Segregation shaped black-white interactions in the post-Civil War North Carolina, where it reigned from the white supremacy revolt of 1898 until the 1960s. Jim Crow period was a crucial phase of race relations in American society. However, racial segregation had far deeper roots in the North Carolina past. Before the Civil War, slaveholders needed few regulations to isolate slaves and free people of color, who were kept apart by custom. After the Civil War, a white backlash against the former slaves began to legalize the customary distance between blacks and whites.
Planters intended to defy the emancipation guaranteed by the Thirteenth Amendment and exploit ex-slave workers. White employers flogged and even killed freed people who dared to assert their new liberties, even in the face of Union garrisons and Republican authority. While the state constitution of 1868 confirmed abolition and legitimated previous black and mixed-race births, it plainly stated that Black children and white children should study in different public schools (Franklin 73).
Despite the presence of federal and state militias, the Ku Klux Klan terrorized Republican voters and officeholders, black and white. In 1870, when conservative Democrats regained a legislative majority, Klansmen murdered 16 Republicans and whipped at least 121 (Franklin 88). An act of 1874 proclaimed that no white child could be apprenticed to a black adult. The amended state constitution in 1875 prohibited between white people and African-Americans and it reiterated the requirement for dual schools (Evans 55). The legislature soon established industrial and normal colleges for blacks, but it ignored the terror that drove thousands of them to Kansas and Indiana in 1879-80.
Blacks continued to vote and hold office in much of eastern North Carolina, backing “the Party of Lincoln” despite facing dangerous opposition (Anderson 37). For instance, between 1868 and 1889, fourteen black Republicans were elected to seventeen state house and six state senate terms from New Hanover County, home of Wilmington (Evans 54). Between 1874 and 1890, three blacks also won terms in Congress from the Second Congressional District, “a Republican and black stronghold.” (Anderson 34).
Legislators in 1892 proposed to segregate railway travel, as eight other Southern states already had done. Republican and Populist assemblymen opposed the enabling bill.
Oppression increased as black North Carolinians persevered. Their votes enabled Fusion men to gain 74 of the 120 General Assembly seats in 1894 and win the governorship in 1896, while electoral reforms passed by the Fusionist legislature helped blacks to regain numerous local offices (Anderson 93). By 1897, in Wilmington, four aldermen, an audit board member, a justice of the peace, the deputy clerk of court, and the coroner were black (Edmonds 162). Clearly, 1898 marked a turning point in Jim Crow. The election that year brought into relief not only extreme white racism, but also fallout from the legal disfranchisement of blacks in South Carolina (1895) and the Supreme Court’s “separate but equal” decision in Plessy v. Ferguson ( 1896) (Edmonds 165). Klansmen and White Supremacy Clubs frequently demonstrated at black and Fusion rallies, intimidating the crowds by a show of guns. In 1897-99 seven lynchings were reported in North Carolina, and racial intimidation and terrorism reached into even the most remote crossroads and towns during the fall of 1898 (Evans 87). Democrats reclaimed five of the state’s nine congressional seats; Republicans retained three seats, reelecting the nation’s only black congressman, George H. White, from the Second District (Evans 88). In state contests Democrats took ninety-four house and forty senate seats to the Republicans’ twenty-three (four black) and seven (one black) and Populists’ three and three (Evans 95).
During the Wilmington Race Riot of 1898 legally selected Republicans were overthrown by white Democrats. As the result, Democrats established the government which was based upon white supremacy (Wilmington Race Riot 1). It symbolized the creation of a codified and brutal color line, one that would last through the first half of the twentieth century.
In 1899 lawmakers adopted voting restrictions based on the Louisiana model of a literacy test, poll tax, and grandfather clause. Scheduled for a referendum in 1900, the suffrage amendment promised significant reduction of the black electorate, thereby undermining a multiracial or working-class challenge to Democratic and white dominance. Adult illiteracy then was 40 percent for black males, compared to 20 percent for white males (Edmonds 180). Registrars did not expect or permit black men to read and explain a section of the state constitution as specified in the amendment. Nor could most blacks afford to pay poll taxes, for they earned only subsistence incomes. Virtually none had grandfathers who voted prior to January 1867, so, as descendants of freedmen, they lost by fiat the protection given to illiterate white men.
The assault on democratic citizenship quickened. At least two acts proscribed racially mixed fraternal orders and mental hospitals; five empowered the utilities commission to enforce Jim Crow in transport. In 1900 black leaders issued “An Address to the White People of North Carolina” protesting the imminent passage of the constitutional amendment that would disfranchise blacks (Edmonds 195).
Legal separation proceeded apace. The state required the board of education to operate all-black school districts and dictated that school librarians “fit up and maintain a separate place for the use of the colored people who may come to the library.” (Jim Crow Laws, Libraries). One statute allowed for relief and pension benefits to “fire companies composed exclusively of colored men.” (Edmonds 199). Furthermore, a “person of negro descent to the third generation, inclusive” was defined as black (Jim Craw Laws, Intermarriage). Any officer who failed to confine black and white prisoners separately should be considered guilty, according to an order on prisons. Three orders similarly charged operators of streetcars and trains.
The legal and informal contours of Jim Crow covered a wide domain. The restrictions betrayed white fears of black-Indian cooperation, black educational progress and competition for jobs, interracial sex, and blacks’ political dissent. To wit, the state reordered the segregation of Indians in jails, homes of the aged, and hospitals. It warranted a curriculum of only “practical agriculture and the mechanical arts and such branches of learning as relate thereto” for black colleges (Murray 332). Toilets had to be “lettered and marked in a distinct manner, so as to furnish separate facilities for white males, white females, colored males and colored females.” (Murray 339). Indeed, by the eve of World War I, almost every visible space had been separated. During the war, the state stopped the “organization of colored troops . . . where white troops are available, and while permitted to be organized, colored troops shall be under the command of white officers.” (Murray 342). Even a breach of the color line among convicts meant a fine or jail sentence for their jailers.
A sample of legislative acts from 1917 to 1945 can be useful to suggest the vagaries of Jim Crow. Of sixty-one Jim Crow statutes enacted in that period, three concern black aliens (Anderson 90). Education is the subject of nineteen, including a 1935 stipulation that “books shall not be interchangeable between the white and colored schools, but should continue to be used by the race first using them.” (Murray 331) An act detailing punishment for violations of the toilet restriction applies to all categories of labor. Seventeen measures relate to provisions for the handicapped, and fifteen cover buses and trains (Murray 338). Not until 1947 did the state restrict cemeteries, which had long been separated by tradition.
State permission to segregate the races resonated locally. Cities and towns tended to replicate the Winston-Salem housing pattern. Winston-Salem’s black residents had been segregated overwhelmingly into its southeastern corner by the 1920s. Black population clusters, always cordoned off by a main street, railroad track, or similar fixed barrier, shaped the social geography of every city and town. Hayti in Durham and Gilmer in Greensboro typified the urban ghettos (Woofter 67). In their segregated communities, veiled from white society, blacks forged a world of aspiration (Woofter 79).
Ordinances on accommodations (restaurants, theaters) and common spaces (auditoriums, stadiums) multiplied greatly. Lest there be trespassing, “White Only” and “Colored” signs policed entrances, exits, and seats. Banks, railroads, textile and tobacco factories, and other places of employment regularly exceeded statutory requirements. Tobacco plants in Durham, Reidsville, and Winston-Salem assigned “Negro and white workers to separate parts of buildings, or to different workrooms even when performing the same tasks, or to separate sides of the same room, or even to separate rows in the same room.” (Woofter 100).
Many African Americans struggled against Jim Crow laws and promoted dignity and liberty of Black people. For example, Charlotte Hawkins Brown whose grandparents were slaves made substantial contribution to the development of African American education and established the North Carolina State Federation of Negro Women’s Club (Charlotte Hawkins Brown Museum 1).
The other examples include Murray and Mebane who were emblematic of the black men and women who survived Jim Crow and struggled for protection of African-American civil rights. In 1938 the University of North Carolina denied Pauli Murray admission for graduate study. Two years later at Petersburg, Virginia, she was arrested for sitting in the front seat of an interstate bus.
Blacks such as Murray and Mebane responded to Jim Crow by pursuing an array of community-building activities to soften segregation’s harshest edges and build autonomy and self-respect. Within “autonomous institutions”–including the family, education, religion, cultural expression, labor, business, and politics–blacks built a sense of hope. Consider post-riot Wilmington: by 1930 institutions within the black community included one of five hospitals in the city, two of thirteen homes for the elderly, two of nine cemeteries, twenty-eight of fifty-two churches and four of fourteen public schools (Wilmington Directory 700).
Black colleges and universities which were founded after the Civil War contributed substantially to black North Carolina education. There are eleven Black higher institutions in North Carolina (Historically Black Colleges and Universities 1). Among them are Bennett College, Barberia-Scottia College, North Carolina A&T State University and others. These colleges also cultivated ambition and self-esteem in their students.
In 1960 a group of Black students from North Carolina A&T University was not served during lunch; they protested against such discrimination by their refusal to leave the lunch counter. The Greensboro sit-ins were started by four African-American activists such as Ezell Blair, David Richmond, Joseph McNeil and Franklin McLain (Greensboro sit-ins, Timeline, 1). This non-violent protest has continued to take place in many cities. Thus, within the period of two months the lunch counter sit-ins took place in 54 cities in 9 states (Greensboro sit-ins, Timeline, 2). Later the Student Non-Violent Coordinating Committee (SNCC) was organized to support Sit-Ins (Six Years of the SNCC 2).
Thus, Black activists participated in college boycotts and other forms of nonviolent direct action, helping to catalyze the emergent civil rights movement in North Carolina. Their fight on the home front to abolish Jim Crow bequeathed a significant legacy of hope to the next generation. Due to the courage and high aspirations of those Black Carolinians of the post-Civil War Era, African-Americans in North Carolina can enjoy civil rights and liberties which they have today. Individuals on both sides of the color line started to take each other seriously, with neither preordained stereotypes nor false etiquette.
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