MLK Day Lessons from the Movie “Selma”

MLK Day Lessons from the Movie “Selma”

If you’ve read my morning routine you know that one piece of it is listening to sports talk radio to find out for the final time if Lebron James is better than Michael Jordan. Another perennial drive-time debate is whether Bill Belichik has won so many games with the New England Patriots because he has Tom Brady as his quarterback, or if Brady has won so much because he has Belichik.

Wherever you come down in this debate, you have to admit the Patriots have had an amazing run in the Brady-Belichik era. Thirteen AFC Championship appearances. Eight Super Bowl appearances. Five Super Bowl wins. So far.

This is infuriating for fans of other teams because the NFL is supposedly built for “parity.” In contrast to college football, it rewards winners by giving them worse draft picks. Perhaps this is why, sadly, the Patriots have replaced my Dallas Cowboys as the NFL’s most hated team.

Haters will claim it’s the cheating. But some part of the credit for the Patriots’ astounding run should go to the well-known philosophy posted in their practice facility: Do Your Job.

This is a great mantra because in three little words it conveys two distinct messages, one of exhortation, the other of relaxation. “Do Your Job” says first, take care of your responsibilities. Your teammates are counting on you. But second it tells you not to worry too much. You don’t have to do anything spectacular, just do your job. Trust that if your teammates do their jobs too, the team will succeed.

As I wait to watch the Patriots play on the day before Martin Luther King Day, this reminds me of a scene from the 2014 historical drama Selma, directed by Ava DuVernay and starring David Oyelowo as Martin Luther King, Jr.

Selma tells the story of Dr. King leading the protests that culminated in the famous march(es) across Edmund Pettus Bridge, and ultimately, the Voting Rights Act of 1965. If you haven’t seen the movie, I highly recommend checking it out on Netflix.[1]

The scene that sticks in my mind takes place about 18 minutes into the movie, in the modest kitchen of the King home in Atlanta. Mrs. King is folding laundry at the kitchen table. The phone rings.

Coretta: Hello? [We hear a man speaking in ominous tones over the receiver, she hangs up as Martin walks in.]

Martin: Same thing? [She looks at him knowingly then turns away.] 

Coretta: When are y’all heading out? 

Martin: We, uh, head back to Selma at 5 am. Turned out to be an ideal staging ground. There’s a . . . a full couple of weeks planned, quite a bit to be done.

Coretta: [drinks from a glass of water] I see.  [Martin takes the trash bag out of the kitchen trash can.] That highway is nice now, get you there in a couple of hours. Good people in those parts, though. [She hands him a new garbage bag.][2] 

Martin: Well, I’m worried about the ones who ain’t so good. [He puts a new bag in the trash can]. This local sheriff, Jim Clark,[3] is supposed to be bad business. Won’t go down without a fight, they say. And since we don’t fight . . . Well, good a place to die as any, I guess. 

Coretta: I wish you wouldn’t talk like that.

Martin: It just takes the edge off. 

Coretta: You and your friends can joke about that. I don’t joke about that.

Martin: You’re right. I’m sorry.

Coretta: I’ll uh, put these things away in your bag now, I didn’t realize you were leaving so early [she walks out carrying some folded clothes]. 

[Martin turns off kitchen light, hesitates.]

This is a great, economical scene. It conveys a lot of information without a lot of action or dialog. You know the Kings are receiving harassing phone calls. You sense tension in their marriage. You get the exposition about what’s happening with the sheriff in Selma. And, perhaps most important, you see that Dr. King is a real flesh and blood person who has to balance his family life with the very real possibility that his activism could get him killed.

But there’s one part of this scene that really resonated with me. Did you spot it? Remember, this is Martin Luther King, who we see in the opening scene preparing to accept the Nobel Peace Prize. Martin Luther King, the hero who led the Civil Rights movement. I mean, today the dude has his own national holiday. Yet in this scene we see him taking out the trash?

Why did the director or screenplay writer include this detail? The Kings could have simply stood in the kitchen, or sat at the kitchen table, talking.

Maybe it was just to give the actors something to do so the dialog would sound more natural. But I suspect there was more to it. When we see Dr. King emptying the trash can, it’s a reminder. Even a person who is doing great things still has to deal with the mundane necessities of daily life.

Of course, when the people doing the great things are rich, they pay other people to do the tedious things. The wealthy can’t be bothered with even the simplest of tasks, like folding their own umbrellas.

But still, even Very Important People have to do a lot of the same things ordinary people do. They put their pants on one leg at a time just like the rest of us. Or to vary a common saying, their trash stinks too.

And seeing Martin Luther King take out the trash was a small but important lesson for white-collar “professionals.” It was especially necessary for me because I work in the profession with the whitest of collars: the law. There is a tendency for us lawyers—especially lawyers in the more “elite” firms—to think we’re above everyone else. We have advanced degrees. We have licenses. We don’t take out the trash; we have people who come through the office after 5:30 to do that.

And when your hourly rate is $500 or higher, you start to think your time is more valuable than other people’s. Why should you spend an hour doing yardwork when you could be billing that time?

I’m not saying lawyers–or other busy professionals–shouldn’t pay someone else to mow the grass. I’m more concerned with the mindset. Do you get frustrated with the time you have to spend doing “ordinary” things when you’re trying to accomplish something important? I know I do. And all I’m trying to do is build a law practice. It’s not like I’m leading a movement to overcome 100 years of state-sponsored terror and voter suppression.

But maybe we shouldn’t look at household chores as a hindrance. Why should we expect to be trusted with great things when we can’t be trusted with the little things? Selma reminds us that taking care of minor tasks we don’t really want to do is perhaps the simplest form of morality.

So do your job. Take out the trash. Or whatever the equivalent responsibility is for you.

And trust that if you do your job, and other people do theirs, great things can happen.

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IMG_4571Zach Wolfe (zwolfe@fleckman.com) is a Texas trial lawyer who handles non-compete and trade secret litigation at his firm Fleckman & McGlynn, PLLC. Like most lawyers he’s still at the office when the housekeepers empty the trash.

These are his opinions, not the opinions of his firm or clients, so don’t cite part of this post against him in an actual case. Every case is different, so don’t rely on this post as legal advice for your case.

[1] I recommend the movie with one significant caveat. As you may recall, there was some controversy over the film’s historical accuracy, particularly its portrayal of President Lyndon Johnson as a reluctant ally who King had to pressure into supporting the Voting Rights Act. Former Johnson aide Joe Califano blasted this portrayal as inaccurate. Director Ava DuVernay responded that she was telling a story, not making a documentary. This raises thorny questions: How much historical inaccuracy we should accept as artistic license? Do factual inaccuracies lessen the quality of a historical drama? Are minorities held to a double standard when they use artistic license? Interesting issues that I will save for another day.

[2] Apparently the clear plastic trash bag in the scene was an anachronism; such bags were not used in 1965. Also, you can see the blender on the counter is plugged into an outlet that has a green LED light. But let’s not quibble.

[3] Sheriff Clark was an ardent segregationist known for recruiting a horse-mounted posse of KKK members, wearing military style clothing, and carrying a cattle prod that he infamously used on black protestors. In his later life, Clark sold mobile homes, got accused of embezzlement, and even served time for conspiring to smuggle marijuana from Colombia. He was unrepentant to the end. In a 2006 interview, Clark said “I’d do the same thing today if I had to do it all over again.” See Jim Clark, Sheriff Who Enforced Segregation, Dies at 84.

Lessons From “I Have a Dream”

Lessons From “I Have a Dream”

On August 28, 1963, Dr. Martin Luther King, Jr. stepped up to a podium in front of the Lincoln Memorial and delivered what would become the signature speech of the American civil rights movement. You know the words. “I have a dream that one day this nation will rise up, live out the true meaning of its creed: ‘We hold these truths to be self-evident, that all men are created equal.’”

Today, the high points of King’s “I Have a Dream” speech are so familiar to most Americans that there is some danger of the speech fading into mere orthodoxy.

But it was not always so. In a confidential memo following the speech, the head of the FBI’s domestic intelligence division gave this assessment of King:

Personally I believe in the light of King’s demagogic speech yesterday he stands head and shoulders over all other Negro leaders put together when it comes to influencing great masses of Negroes. We must mark him now, if we have not done so before, as the most dangerous Negro of the future in this Nation . . .

In a sense, the FBI was right. King was the most “dangerous” leader of the civil rights movement, just not in the way the FBI thought. The danger King posed was his ability to influence the nation to effect real change in the advancement of civil rights for African-Americans. If he was dangerous, it was because he was inspirational and persuasive.

Persuasiveness is critical for lawyers, especially litigators, who are called upon to persuade judges, juries, and arbitrators—and from time to time their own clients and the opposing party. So aside from the obvious political and historical significance of the “I Have a Dream” speech, I wondered what it could teach lawyers and other humans about effective persuasion.

There is of course King’s incomparable speaking style. Just the sound of his voice still gives me goosebumps. And the brilliant way he wove Biblical references and imagery into his message must have resonated with a large part of his audience.

But for most of us, adopting King’s speaking style would be too much to pull off. So what can the substance of the speech teach us about effective persuasion? For me, two things stand out.

First, King rejected radicalism. He brilliantly characterized his demand for civil rights as delivering on the nation’s founding principles, not as a revolution seeking to establish new principles. Second, King rejected what we might call moderate gradualism. He made it clear his movement was insisting on immediate and substantial political change.

As we will see, these were two sides of the same coin.

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Excerpt from FBI memo shortly after the “I Have a Dream” speech

King’s first rhetorical move was to characterize the struggle for civil rights as the fulfillment of the promises made in the founding documents of the Declaration of Independence and the Constitution, using the metaphor of a check or promissory note:

In a sense we’ve come to our nation’s capital to cash a check. When the architects of our Republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men—yes, black men as well as white men—would be guaranteed the unalienable rights of life, liberty and the pursuit of happiness.

This interpretation of the nation’s founding seems almost obvious now, but it is not universally shared. The “white nationalist” would say that when Thomas Jefferson wrote “all men are created equal,” he really meant that all white men are equal. After all, Jefferson himself was a slaveholder.

And this view is not necessarily confined to neo-Nazis or white supremacists. There are radicals on the left who effectively agree with the white nationalist view that America’s founding was essentially racist. “We didn’t land on Plymouth Rock,” Malcolm X said, “Plymouth Rock landed on us.”

In a sense, the radicals agree with the white nationalists that America’s founding documents excluded non-whites (this is before we even get to the further complication of the status of women). The difference is whether they view this as a good or bad thing.

On the whole, I disagree with the radical interpretation, but reasonable people have to concede that it is at least a plausible interpretation. So Martin Luther King could have adopted the radical view in the “I Have a Dream” speech. He could have rejected America’s founding documents as excluding African-Americans. He could have proposed a revolution, a new founding. But of course that’s not what he did.

Instead of rejecting America’s founding as racist, or as a fraud, King interpreted America’s founding documents as a promise of equality encompassing all races. He interpreted “all men are created equal” as universal.

But King did not sugarcoat the blunt reality that America had reneged on the promise:

It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked “insufficient funds.”

This was a brilliant rhetorical device. With the promissory note metaphor, King laid claim to America’s founding principles on behalf of all races, while simultaneously acknowledging that his race had been excluded from enjoying the benefits of those principles.

And here’s the important thing for persuaders to understand: Whether this interpretation of the founding was historically or philosophically accurate was not the point. The point was to inspire and persuade the audience.

The “I Have a Dream” speech really had two audiences: followers who were already committed to civil rights and moderate whites who were on the fence. King needed to inspire his followers to continue the struggle and to persuade the moderates to get off the fence.

King saw that reinterpreting the American founding as universal was the right way to persuade the moderates. “I’m not leading a revolution against your values,” he was essentially saying to them, “I’m leading a movement to require you to live up to your own stated values.” Paradoxically, his rejection of the radical approach was part of what made him so “dangerous,” to borrow the FBI’s term.

And this leads us the second key point about the “I Have a Dream” speech: the rejection of moderate gradualism. King made it clear his movement insisted on real, immediate reform:

We have also come to this hallowed spot to remind America of the fierce urgency of now. This is not time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. Now is the time to make real the promises of democracy. . . .

Those who hope that the Negro needed to blow off steam and will now be content will have a rude awakening if the nation returns to business as usual. There will be neither rest nor tranquility in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright days of justice emerge. 

These words made it plain that King’s earlier invocation of America’s universal principle of equality was not merely abstract or aspirational.

The rhetoric of “whirlwinds of revolt” may have been jarring to white moderates, but it was an essential counterpart to invoking the nation’s founding principles. Without the insistence on immediate change, the promissory note metaphor would have been merely abstract. The other side of the coin was that “gradual” change wasn’t going to cut it.

Urgency of Now MLK
Excerpt from “I Have a Dream”

This is not to say that moderation and gradualism are always wrong. Depending on the situation, the right approach to any political problem could be conservatism (maintaining the status quo), radicalism (revolting against the status quo), or moderation (gradual reform).

But I think Martin Luther King correctly sensed in 1963 that it was time to push for immediate and lasting reform. The arc of history may ultimately bend towards justice, but windows of opportunity don’t stay open very long in politics. You have to know when to seize the opportunity to make a major change. And major change would come soon after the “I Have a Dream” speech, including the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

This gives us the second lesson about persuasion. It’s usually not enough to persuade the audience that your point of view is correct. You’ve got to persuade them to do something about it, even if it’s something they wouldn’t ordinarily do. Once you’ve got people nodding their heads in agreement with you, then you have to push them out of their “comfort zone.”

You have to convince them that, in King’s words, “now is the time to make justice a reality.”

What a dangerous idea.

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IMG_4571Zach Wolfe (zwolfe@fleckman.com) is a Texas trial lawyer who handles non-compete and trade secret litigation at his firm Fleckman & McGlynn, PLLC. He’ll probably get back to non-compete and trade secret law in next week’s post.

These are his opinions, not the opinions of his firm or clients, so don’t cite part of this post against him in an actual case. Every case is different, so don’t rely on this post as legal advice for your case.

Essential MLK Day Reading for Lawyers and Other Humans

Essential MLK Day Reading for Lawyers and Other Humans

Script Idea for New Courtroom Drama

For this Martin Luther King, Jr. Day, I’ve got a movie idea to pitch. Picture this. A racist white sheriff rules his county in the Jim Crow South with an iron fist. A teenage white girl falsely claims she was raped by a black man. An all-white jury convicts on the flimsiest of evidence. It is very likely the young woman was not assaulted at all.

You think it’s been done before in To Kill a Mockingbird? Well I’m going to spice it up for an audience of millennials. Though undeniably gripping, the courtroom drama in the Gregory Peck classic was, sadly, a fairly ordinary story. An all-white jury convicts a wrongfully accused African-American man of raping a young white woman in the segregated American South? No big surprise. The only parts that are at all hard to believe are that a small-town white lawyer would mount a serious defense of the case, and that the defendant would actually make it to trial without getting lynched.

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I’ve got a book recommendation for MLK Day

My movie will be wilder, crazier, more dangerous.  Instead of one accused black man, there will be three. One of the accused men will not even be in the same county when the “crime” occurred.  Instead of a no-name small town lawyer, the lead defense counsel will be a famous civil rights lawyer. Instead of one trial, there will be two, and in between the two trials the case will go all the way to the U.S. Supreme Court.

Action and danger? Imagine this. In the opening scene, the civil rights lawyer runs from the courthouse and jumps in a car that speeds out of the county with angry Klansmen in hot pursuit. Sheriff’s deputies beat false confessions out of two suspects, but a third refuses to confess. In between the two trials, the racist sheriff picks up two of the accused from prison, pulls over to the side of a country road in the middle of the night, pulls a gun, and then . . . well I don’t want to spoil it.

I know, it sounds too sensational. But this story is real. You can read it in Gilbert King’s Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America, which won a Pulitzer Prize. If you care about the American civil rights movement, you will want to read this book. If you are a lawyer, you will enjoy learning how Thurgood Marshall and his colleagues handled the actual nuts and bolts of defending three wrongfully accused men under the most difficult conditions. If you are a trial lawyer, you absolutely must read this book.

You can read reviews of the book to find out more details about the story. Here are just a few of the broader points I took away from this riveting account of a chilling episode in American legal history.

Thurgood Marshall, Super Lawyer

I knew that Thurgood Marshall was a pioneering civil rights lawyer who won the landmark Brown v. Board of Education case and went on to serve as the first African-American justice on the U.S. Supreme Court. But before this book I did not realize that Marshall was one of the best trial and appellate lawyers in the country. I pictured the young Thurgood Marshall as a political activist who happened to be a lawyer. But Devil in the Grove shows that Marshall was a lawyer’s lawyer, a top-notch practitioner who wrote meticulous briefs and loved to argue cases.

Marshall was also a shrewd strategist who carefully chose the cases the NAACP Legal Defense Fund took on. In the Groveland case, the goal was not only to save three innocent lives, but to set up a legal challenge to a system that denied due process based on race.

A System Built on Dishonesty

Aside from the obvious injustice of the state-sponsored discrimination that reigned in the South until the 1960s, the most striking feature of the system was its fundamental dishonesty. The basic legal problem for southern segregationists was the 14th Amendment. (Remember that one? We had to fight a civil war to get it.) It guaranteed due process and equal protection of the laws, and it was the supreme law of the land.

secondtrial2
The defense table in the second Groveland trial

So ultimately, the law was on Thurgood Marshall’s side. This meant that openly defending racial oppression was not a viable long-term strategy for defenders of the racist status quo. They had to pretend that African-Americans actually had civil rights. They had to maintain the fiction that black and white schools were “separate but equal.” Brown v. Board of Education’s rejection of the separate-but-equal doctrine was like a collective “come on, man!” from the Supreme Court. Don’t pee on my leg and tell me it’s raining.

Appellate Courts Sometimes Have to Get Real

A related lesson is that appellate courts can’t always take legal arguments at face value. Defenders of the most unjust system can always come up with arguments that have a surface plausibility. For example, when Texas Attorney General Price Daniel and his assistant Joe Greenhill defended Dallas County’s history of all-white grand juries, they could argue with some plausibility that exclusion of blacks from the grand jury was not a denial of equal protection, but merely a result of the fact that the grand jury commissioners did not know any black people who were qualified to serve.

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Thurgood Marshall and colleagues on the steps of the Supreme Court

But this was effectively a lie. Everyone knew the system was designed–formally or informally–to exclude African-Americans. The Supreme Court implicitly recognized as much in Cassell v. Texas, 339 U.S. 282 (1950), when it reversed a murder conviction on the ground that blacks were excluded from the grand jury. One year later, in Sheperd v. Florida, 341 U.S. 50 (1951), the Supreme Court cited Cassell to reverse the convictions in the first Groveland trial. Justices Jackson and Frankfurter wrote a concurring opinion saying they would have reversed based on the failure to remedy prejudicial pretrial publicity of the defendants’ alleged confessions.

Formal Rights Don’t Guarantee Actual Justice

The story of the Groveland trial also teaches a related fundamental point about the law. Formal rights under the law mean nothing if judges and juries don’t sincerely enforce them. When a judge refuses to allow defense lawyers to call to the stand the physician who examined the alleged rape victim, the Equal Protection Clause has not done the defendant much good. When a jury convicts three African-American men based on community outrage and racism, not on solid evidence, the Due Process Clause hasn’t given the defendants much comfort. Favoritism and prejudice on an individual level can make a mockery of even the best-designed institutions.

But these points are way too abstract. At its core, Devil in the Grove is great story-telling.  And it really happened. Hollywood couldn’t make this stuff up.

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Zach Wolfe (zwolfe@fleckman.com) is a Texas trial lawyer who handles non-compete and trade secret litigation at his firm Fleckman & McGlynn, PLLC. These are his opinions, not the opinions of his firm or clients.