The Background of BLM – How BLM was Established
Racial segregation and ethnic division have unfortunately described various US social systems, factors that have necessitated the emergence of motivated humanitarian activism in protest to these social segregation practices. A case in point is the Black Lives Matter Campaign (BLM), which emerged to champion the rights of African-Americans. They were mistreated and even killed at the hands of criminal justice actors, particularly the police. In 2013, three Black female organizers, Opal Tometi, Alicia Garza, and Patrisse Cullors, established the black-motivated political movement that will ultimately become recognized as Black Lives Matter.[i]. BLM at first initiated as a social media hashtag #BlackLivesMatter following George Zimmerman’s acquittal after the shooting death of Trayvon Martin in 2012[ii]. The movement assumed nationwide recognition in 2014 following the murder of Eric Garner in New York, Michael Brown in Missouri, Rekia Boyd, and Pamela Turner, all in racially motivated circumstances.[iii].
Since then, BLM has been elevated to global standards, particularly in the recent May 25, 2020, murder of George Floyd in Minneapolis at the hands of law enforcers.[iv]. Recently, BLM has championed worldwide demonstrations protesting gruesome systemic racism alongside police brutality that significantly impacts members of the black communities within the US and globally.[v]. Based on the BLM website, this foundation was formed in 2013 as a platform for responding to the controversial acquittal of Trayvon Martin’s killer. Black Lives Matter Foundation; Incorporation currently is a globalized organization based within the US, Canada, and the UK whose mandate is the eradication of White supremacy and establishment of local power crucial in the intervention of violence that is propagated towards members of the Black communities by vigilantes and various state actors. BLM endeavors towards countering and combatting racially- induced acts of violence, creating equal spaces for Black innovation and imagination, and centralizing on Black joy. BLM majors on immediate winning of life improvements, particularly among the Black community members.
BLM Motivation
Black Lives Matter (BLM) denotes a decentralized social and political movement that endeavors to highlight racial inequality, discrimination, and racism that black individuals experience, particularly in the US. BLM supporters resist incidences of police brutality alongside instances of racially motivated violence targeting black individuals. This movement, alongside various affiliate institutions, champions several policy changes that are pro-black liberation—the global status of BLM. Inc has elicited a global trend toward policy changes in multiple nations. BLM racial equality struggles have impacted millions of individuals internationally through advocating for policy changes and racial equality. Notably, the BLM has spearheaded peaceful demonstrations and protests internationally against systemic racism and police brutality that primarily affect millions of black communities across the globe.
Political Circumstances Surrounding the Emergence of BLM
Systemic racism in the US has been a historical atrocity that has evolved into the current state of White Supremacy. This superiority complex consequentially segregates people of color and economically deprives black community members, and criminal justice actors apply double standards in African-Americans’ arrest, prosecution, and incarceration. When sparking conversations around racism, most individuals seem to forget the foundational basis of BLM. BLM is a slogan, owing to the widespread perceptions of black lives mattering less not only through police encounters but also within healthcare settings, learning institutions, and property values within Black communities. White supremacists have continued to trivialize the Black communities subjecting them to reduced social, economic, and political viability, a factor that Chat Travieso describes as a paradoxical effect.[vi].
On the West of Liberty City wall is Liberty square, a historical first-ever public housing project for the African-Americans in the US. This segregated development was developed back in the 1930s as a relief mechanism of substandard conditions experienced in Overtown, formerly known as Colored Town- that was set aside by the original 1896 Miami charter as the determined area for the settlement of African Americans.[vii]. Reports before the construction of Liberty Square established that the living conditions in Overtown were inconceivable and “are a shame and a disgrace to the responsible citizens of Miami[viii].” Systemic racism in the US has formed the basis of BLM emergence owing to the social atrocities that Black community members are subjected towards. Color-propagated racism from law enforcement to social structures has defined Black experiences within the US and consequentially necessitated the emergence of BLM. These acts of racism, however, have proven adamant in eradication owing to the historical rotting they possess. According to Chat Travieso, “The paradoxical effect of such structures is to highlight and trivialize the historical oppressions they represent and the injustices they continue to enact[ix].” The sustained combinative effect of racial prejudice and the current evolution to modern White supremacy collectively necessitated discussions along Black interests and safety. The viral killings and systemic-justified murder of Black individuals suspected of crime necessitated the complete emergence of BLM to champion equal treatment, constitutional protection of human rights, and affirmation of the rule of law regardless of the color of the arrested suspect.
Policy Changes Induced by BLM Activism
BLM activism has been crucial in sparking racial discussions that have culminated in various policy changes within law enforcement, particularly with the “Defunding the Police” argument and Republican governor Ron De Santis championing for the enactment of the “anti-riot” law in the state of Florida[x]. BLM activism has been pivotal in the past decades, particularly in the shading of light on police brutality that the campaign has remarkably attained. BLM activism collectively instigated notable impacts that endeavor towards bettering the quality of lives experienced by Black communities globally, both formally and informally.
First, BLM normalized Black pain filming in the hands of law enforcers who swore to protect the law and equally treat all Americans regardless of ethnical affiliations. These video recordings circulate viral instances of police brutality via the internet, increasing conversations around systemic racism and inducing appropriate policy reforms. Without the viral videos, the world would not have been informed of George Floyd, Freddie Grey, Korryn Gaines, Sandra Bland, and Eric Garner. Furthermore, BLM activism consequentially shifted public opinion. A study conducted by Pew Research established that 54% of White individuals perceived officer shootings involving Black individuals to be instances of a broader racial systemic challenge. The perception by 50% of White individuals of policing as a racial matter is a significant achievement.[xi]. This shift in attitude established a policy window for both the federal, state, and local changes in policy within the criminal justice system[xii].
BLM sparked a series of organizational policy changes that incorporated the subsequent ban on no-knock warrants, mandatory implicit bias training, and donning of body-worn cameras by law enforcers. BLM illuminated the exorbitant financial allocations that were utilized in policing alongside the civilian payouts as a result of police brutality that emanated from the pockets of the taxpayers[xiii]. BLM was also crucial in stimulating the federal oversight of problematic-identified cities, including Minneapolis, Baltimore, Ferguson, and Louisville. BLM revolutionized the efforts of law enforcement within the police departments, academies, and the federal government in analyzing working law enforcement policies structured towards racial disparities. BLM sensitized the newly elected political actors and officials towards the needs of the Blacks, and as a result, BLM is etched on the street just outside the White House in a yellow visible painting[xiv]. BLM activism, mainly through George Floyd’s death, necessitated most Americans to develop the need to create most police reforming ideas, including the police defunding that was previously perceived as radical[xv].
Defunding the police refers to redirecting or the reallocation of funds from the police department to various government agencies that are financed by the local municipality[xvi]. Police defunding, in contrast, does not mean abolishing the utilized policies or even collectively disbanding law enforcement altogether.[xvii]. Defunding policy endeavors towards revising the currently utilized policies within law enforcement that propagate racial disparities, disbanding them, and enacting newly formulated and result-oriented policies. Over a decade ago, Camden in New Jersey disbanded the police force and subsequently dissolved its police union to develop a revamped police service that adopts collective betterment policies in service delivery.[xviii]. Defunding the police necessitates fiscal responsibilities that advocate for market-determined approaches to the taxpayer’s money and possess potential merits in reducing police crime and violence.
The Human Rights BLM Activism Seek to Protect
The BLM is based on the principles of eradicating racial injustice among the Black in the US, which have widely spread across the world to incorporate the constitutional rights of marginalized communities. Through propagating global disruptions, the BLM has centered racial injustice conversations into unavoidable issues that have capitalized on modernized technology for fast-spreading, sparking international outrage. The US Fourteenth constitutional amendment was designed to guarantee the colored race their enjoyment of the civil rights that are equally enjoyed by their White counterparts under the law.[xix]. This amendment further gives the race equal protection by the government in the enjoyment of equal rights and bars the state from attempting to withhold the joy of these rights by persons of color. The Fourteenth amendment to the US constitution accorded Black communities citizenship privileges. It empowered equal protection of the laws, subsequently empowering Congress to enforce the provision by enacting the most appropriate legislation.[xx]. This aspect means that the laws enforced by the state that discriminates against Black communities are null and void. Despite the law being fair in presentation and impartial on its provisional appearance, the application in some instances through the public authority with evil and unequal hand practically makes the provisions unjust and illegal. It perpetuates discrimination between individuals in various similar circumstances. Black communities are primarily subject to material rights denial, denial of equal justice, and double standards in constitutional applications.
The first amendment to the US constitution upholds the individual rights to assemble, freedom of expression, and the liberty of ideological conflicts in matters of policy that are structured towards reducing systemic racism and defending the human right of freedom of peaceful demonstrations guaranteed in the US constitution’s first amendment. The First Amendment further articulates that Congress is restricted in enacting any laws concerning the establishment of a religion or subsequent prohibition of free exercise. This amendment generally protects free speech freedoms, the liberty of the press, the right to assemble, and the democracy of petitioning the government to solicit policy redress to grievances deemed unfair, unjust, and anchored on racial discrimination. Notably, the increased activism and demonstration by BLM supporters globally led to the state of Florida enacting a new “anti-riot” law that Republican Governor Ron DeSantis sponsored to quell the violent protests.[xxi]. However, in a ruling by the US District, Judge Mark Walker described the anti-riot law as “vague and overboard.” He was in contravention of the US Constitution’s First Amendment, which guarantees the rights to assemble and freedom of speech.[xxii]. Furthermore, the 2021 United Nations Geneva convention reiterated that the adaptation of new state laws in Florida and Oklahoma structured to suppress the racial justice protestors alongside the Black Lives Matter movement violated international law and the US constitutional provisions of rights to speech and freedoms of assembly.
Adopting newly enacted state laws in Oklahoma and Florida alongside other states structured towards the suppression of racial justice protests and the BLM activism movements violates international law standards and the US constitution that subsequently safeguards the rights to peaceful demonstrations and assembly. According to the United Nations Human Rights experts Clement Voule, the law was manipulated and riddled with unorthodox definitions of offenses that resulted in “draconian penalties.”[xxiii]. The Republican-championed “anti-riot” act manipulated the constitutional provisions to limit BLM activism. The judiciary established null and void as critical human rights and freedoms were jeopardized.[xxiv]. “Vague definitions of riot, mob intimidation, and obstruction as determined in these laws issue excessive discretion to the law enforcers to subsequently intimidate and criminalize legitimate protest activities[xxv].” Any form of restrictions to these fundamental freedoms needs to be well defined and act in sound faith principles as opposed to the elevation of the needs of a section of the population against the other as this factor further necessitated racial injustices.
The States of Oklahoma and Florida enacted these “anti-riot” acts as a sustained effort to curtail the peaceful protests and the march for racial justice that was evident across the country following the Murder of George Floyd. These laws mainly targeted the street protests that primarily attributed to the demand for racial equality. These laws depict part of a legislative wave aimed towards restructuring racial justice protests across the US, an outright violation of the First and Fourteenth Amendments to the US constitution. From May 2020, over 93 anti-protest bills have been tabled across 35 states in a bid to restrict these constitutionals provided rights and freedoms. Despite these laws being enforced within Oklahoma and Florida, drafted anti-protest laws are subsequently being enacted in more than seven states across the US. According to Voule, the adaptation of anti-protest laws in Oklahoma and Florida are part of a snowballing effect initiated in 2017 with the anti-protest legislation spread across the US.[xxvi]. States are encouraged to follow such restrictive policies in enacting unconstitutional policies.
BLM Protection of Human Rights in the US and Australia
BLM activism has surpassed the US and solicited global effects in other nations, particularly Australia. The St. Petersburg- Florida legislation on “anti-riot” laws that were fronted by the Republican governor Ron DeSantis as a mechanism of quelling violent protest across the US was invalidated as unconstitutional by a federal judge[xxvii]. District Judge Mark Walker of Tallahassee, in a 90-page decision, determined the legislation to be “vague and overboard.” He violated the first amendment rights that guaranteed freedom of speech and liberty of assembly alongside the constitutional due process of protection. Individuals engaged in peaceful demonstrations or innocently around the area of protests during the protest risk facing criminal charges and expensive penalties under the new “anti-riot” act. According to the judge, this provision is unconstitutional and jeopardizes crucial constitutional freedoms. A critical issue is in the statute’s definition of the term riot. Walker identified that prior Florida laws endeavored to avert demonstrations that conflicted with the past segregationist policies that were practiced in the Jim Crow era. Walker wrote, “If this court does not enjoin the statute’s enforcement, the lawless actions of a few rogue individuals could effectively criminalize the protected speech of hundreds, if not thousands, of law-abiding Floridians.[xxviii].” “It, unfortunately, takes only a handful of bad actors to transform a peaceful protest into a violent public disturbance[xxix].” Republican DeSantis, in a media appearance in New Port Richey, affirmed that the state would appeal their case in the 11th US Circuit Court of Appeal based in Atlanta[xxx].
BLM has prevailed in Australia and contributes to an increasingly extensive body of evidence of existing police prejudice and misconduct[xxxi]. According to the Guardian deaths insider database, over 437 deaths of indigenous Australians in police custody have occurred following the Royal Commissioning that recommended the use of imprisonment as a last resort sanction.[xxxii]. BLM activism within Australia refers to the 2020 case involving Veronica Marie Nelson Walker- 39, who was arrested for shoplifting and consequentially incarcerated in a maximum-security penitentiary and died three days later. Similarly to the US, BLM activism in Australia draws from past racial instances, such as the 2019 death of Kumanjayi Walker, aged 19, following three times shooting by a police officer.[xxxiii]. In this case, the officer was arraigned with murder charges and is pending a criminal trial. BLM Australian activism also cites Noomba killing in 2018, aged 39, who died following the utilization of a lateral vascular neck restraint technique in subduing the man. EJW died in 2017 at the age of 35[xxxiv]. Moreover, the Gamilaraay man suffered a brain hemorrhage in incarceration and was consequentially shackled to the bed despite being unresponsive and unconscious. Wayne Fella Morrison died in 2016 at 29 after 14 guards restrained him.
The millions of American deaths conjure the millions of indigenous Australian deaths that have formed the basis of BLM activism across Australia. David Dungay Junior 2015 was sent to his untimely death at 26 after “a medical episode following restraint” in the New South Wales incarceration center.[xxxv]. The last words, “I can’t breathe,” were similar to the last words spoken by George Floyd in Minneapolis, Minnesota.[xxxvi]. BLM in Australia seeks to address the issue of police custodial deaths, despite the controversies in the causes leading to these deaths being highly debated. The over-representations of indigenous Australians and African Americans within the criminal justice system prevail and are referred to by BLM activists as evidence of various assumptions that propagate the movement. Within the US, African- Americans have a five times higher likelihood of being imprisoned than their White counterparts. In Australia, “Aboriginal and Torres Islander men are 14.7 times more likely to be detained than non-indigenous men. [xxxvii].” The Aboriginal and Torres Strait Islander women are 21.2 times more likely to be incarcerated than non-indigenous women. Consequentially, the African American populations account for 40% of incarceration populations and 13% of the entire US population. Similarly, Indigenous Australians account for 38% of the whole of Australia’s population but account for less than 4% of the actual Australian people.[xxxviii]. The BLM capitalizes on these instances of over-representation and increasing deaths in custody within the US and Australia in demonstrating the relevance of this prejudice across the globe.
Proposed Solution
Racial injustice across the US and Australia has predominantly affected the marginalized communities alongside the African- American communities. These factors have necessitated the emergence of BLM activism to eradicate racial segregation and increasing instances of social injustices, particularly within the criminal justice system. Racially-sensitive and equal policies that reduce and eliminate police brutality and racial treatment need to be enacted. Current policy reforms within the CJS must be revised, and public participation must be considered in formulating public policy. This will ensure that equal policies are enacted and impact all communities regardless of racial background. Legal, economic, and political actors need to desist from biased perceptions and enforce equal rights to all individuals identifying with the constitutional amendments and the due process that seek to protect critical human rights and freedoms. A culture of equality needs to be encouraged to gradually incorporate all individuals and eradicate systemic racism in the US and Australia.
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[ii] Howard University. (2022, March 2). HUSL library: A brief history of civil rights in the United States: The Black Lives Matter movement. https://library.law.howard.edu/civilrightshistory/BLM
[iii] Howard University. (2022, March 2). HUSL library: A brief history of civil rights in the United States: The Black Lives Matter movement. https://library.law.howard.edu/civilrightshistory/BLM
[iv] Raza Mir., & Patrizia Zanoni (2021). Black lives matter: Organization recommits to racial justice. Organization, 28(1), 3-7.
[v] Raza Mir., & Patrizia Zanoni (2021). Black lives matter: Organization recommits to racial justice. Organization, 28(1), 3-7.
[vi] Chat Travieso (2020). A Nation of Walls. Places Journal.
[vii] Chat Travieso (2020). A Nation of Walls. Places Journal.
[viii] Chat Travieso (2020). A Nation of Walls. Places Journal.
[ix] Chat Travieso (2020). A Nation of Walls. Places Journal.
[x] Rashawn Ray. (2022, October 12). Black Lives Matter at ten years: 8 ways the movement has been highly effective. Brookings. https://www.brookings.edu/blog/how-we-rise/2022/10/12/black-lives-matter-at-10-years-what-impact-has-it-had-on-policing/
[xi] Rashawn Ray. (2022, October 12). Black Lives Matter at ten years: 8 ways the movement has been highly effective. Brookings. https://www.brookings.edu/blog/how-we-rise/2022/10/12/black-lives-matter-at-10-years-what-impact-has-it-had-on-policing/
[xii] Rashawn Ray. (2022, October 12). Black Lives Matter at ten years: 8 ways the movement has been highly effective. Brookings. https://www.brookings.edu/blog/how-we-rise/2022/10/12/black-lives-matter-at-10-years-what-impact-has-it-had-on-policing/
[xiii] Rashawn Ray. (2022, October 12). Black Lives Matter at ten years: 8 ways the movement has been highly effective. Brookings. https://www.brookings.edu/blog/how-we-rise/2022/10/12/black-lives-matter-at-10-years-what-impact-has-it-had-on-policing/
[xiv] Rashawn Ray. (2022, October 12). Black Lives Matter at ten years: 8 ways the movement has been highly effective. Brookings. https://www.brookings.edu/blog/how-we-rise/2022/10/12/black-lives-matter-at-10-years-what-impact-has-it-had-on-policing/
[xv] Ray, R. (2022, March 9). What does ‘defund the police’ mean, and does it have merit? Brookings. https://www.brookings.edu/blog/fixgov/2020/06/19/what-does-defund-the-police-mean-and-does-it-have-merit/
[xvi] Ray, R. (2022, March 9). What does ‘defund the police’ mean, and does it have merit? Brookings. https://www.brookings.edu/blog/fixgov/2020/06/19/what-does-defund-the-police-mean-and-does-it-have-merit/
[xvii] Ray, R. (2022, March 9). What does ‘defund the police’ mean, and does it have merit? Brookings. https://www.brookings.edu/blog/fixgov/2020/06/19/what-does-defund-the-police-mean-and-does-it-have-merit/
[xviii] Ray, R. (2022, March 9). What does ‘defund the police’ mean, and does it have merit? Brookings. https://www.brookings.edu/blog/fixgov/2020/06/19/what-does-defund-the-police-mean-and-does-it-have-merit/
[xix] Justia Law. (2022). Equal Protection and Race. Justia US Law. https://law.justia.com/constitution/us/amendment-14/08-equal-protection-and-race.htm
[xx] Justia Law. (2022). Equal Protection and Race. Justia US Law. https://law.justia.com/constitution/us/amendment-14/08-equal-protection-and-race.htm
[xxi] NPR. (2021, September 9). A judge has blocked the ‘anti-riot’ law passed in Florida after George Floyd protests. NPR.org. https://www.npr.org/2021/09/09/1035687247/florida-anti-riot-law-ron-desantis-george-floyd-black-lives-matter-protests
[xxii] NPR. (2021, September 9). A judge has blocked the ‘anti-riot’ law passed in Florida after George Floyd protests. NPR.org. https://www.npr.org/2021/09/09/1035687247/florida-anti-riot-law-ron-desantis-george-floyd-black-lives-matter-protests
[xxiii] United Nations. (2021, May 5). United States: UN expert decries new laws targeting peaceful and Black Lives Matter protesters. OHCHR. https://www.ohchr.org/en/press-releases/2021/05/united-states-un-expert-decries-new-laws-targeting-peaceful-and-black-lives
[xxiv] United Nations Association of Australia. (2021, November 29). Why does the BLM movement matter in Australia? UNAA. https://www.unaa.org.au/2021/11/03/why-does-the-blm-movement-matter-in-australia/
[xxv] United Nations Association of Australia. (2021, November 29). Why does the BLM movement matter in Australia? UNAA. https://www.unaa.org.au/2021/11/03/why-does-the-blm-movement-matter-in-australia/
[xxvi] United Nations Association of Australia. (2021, November 29). Why does the BLM movement matter in Australia? UNAA. https://www.unaa.org.au/2021/11/03/why-does-the-blm-movement-matter-in-australia/
[xxvii] NPR. (2021, September 9). A judge has blocked the ‘anti-riot’ law passed in Florida after George Floyd protests. NPR.org. https://www.npr.org/2021/09/09/1035687247/florida-anti-riot-law-ron-desantis-george-floyd-black-lives-matter-protests
[xxviii] NPR. (2021, September 9). A judge has blocked the ‘anti-riot’ law passed in Florida after George Floyd protests. NPR.org. https://www.npr.org/2021/09/09/1035687247/florida-anti-riot-law-ron-desantis-george-floyd-black-lives-matter-protests
[xxix] NPR. (2021, September 9). A judge has blocked the ‘anti-riot’ law passed in Florida after George Floyd protests. NPR.org. https://www.npr.org/2021/09/09/1035687247/florida-anti-riot-law-ron-desantis-george-floyd-black-lives-matter-protests
[xxx] NPR. (2021, September 9). A judge has blocked the ‘anti-riot’ law passed in Florida after George Floyd protests. NPR.org. https://www.npr.org/2021/09/09/1035687247/florida-anti-riot-law-ron-desantis-george-floyd-black-lives-matter-protests
[xxxi] Dejmanee, T., Millar, J., Lorenz, M., Weber, K., & Zaher, Z. (2022). # Aboriginallivesmatter: Mapping Black Lives Matter discourse in Australia. Media International Australia, 1329878X221088053.
[xxxii] Castejon, V., Albisson, G., & Baptiste, S. (2022). Black power and# BLM in three commonwealth nations: Australia, New Zealand, Trinidad, and Tobago. Postcolonial Cultures Studies and Essays, (1), 19-33.
[xxxiii] Australian Law Reform Commission. (2018, March 27). Report: Pathways to justice—Incarceration rate of Aboriginal and Torres Strait Islander peoples. ALRC. https://www.alrc.gov.au/news/report-pathways-to-justice-incarceration-rate-of-aboriginal-and-Torres-strait-islander-peoples/
[xxxiv] Australian Law Reform Commission. (2018, March 27). Report: Pathways to justice—Incarceration rate of Aboriginal and Torres Strait Islander peoples. ALRC. https://www.alrc.gov.au/news/report-pathways-to-justice-incarceration-rate-of-aboriginal-and-Torres-strait-islander-peoples/
[xxxv] United Nations Association of Australia. (2021, November 29). Why does the BLM movement matter in Australia? UNAA. https://www.unaa.org.au/2021/11/03/why-does-the-blm-movement-matter-in-australia/
[xxxvi] United Nations Association of Australia. (2021, November 29). Why does the BLM movement matter in Australia? UNAA. https://www.unaa.org.au/2021/11/03/why-does-the-blm-movement-matter-in-australia/
[xxxvii] Australian Law Reform Commission. (2018, March 27). Report: Pathways to justice—Incarceration rate of Aboriginal and Torres Strait Islander peoples. ALRC. https://www.alrc.gov.au/news/report-pathways-to-justice-incarceration-rate-of-aboriginal-and-Torres-strait-islander-peoples/
[xxxviii] Australian Law Reform Commission. (2018, March 27). Report: Pathways to justice—Incarceration rate of Aboriginal and Torres Strait Islander peoples. ALRC. https://www.alrc.gov.au/news/report-pathways-to-justice-incarceration-rate-of-aboriginal-and-Torres-strait-islander-peoples/
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