Selma’s error of omission: The specter of Shelby County

Selma

By: Cara L. Gallagher, weekend contributor

In one of the opening scenes in Selma, Ava DuVernay’s depiction of Dr. King’s quest for legislation that would end decades of disenfranchisement in the American South, Oprah plays a woman jammed up by Black codes prevalent in the South in 1965. A voter registrar quizzes her with questions that neither she nor any educated person of the time could possibly answer. She fails his test and is once again denied the right to register to vote. Right away we learn Selma is clearly not just a biographical film about Dr. King and other Civil Rights legends like Congressmen John Lewis, but also about the pain, shame, and violence endured by these men and women to get the Voting Rights Act of 1965 passed.

A group of fellow history teachers and I went to see an early release of Selma last week. I had mixed feelings about it. In fairness to the movie, I admit educators are the worst audiences for biographical pictures. We live in the weeds of history. We’re overly critical of the transmission of fact into entertainment and tend to want to trash a film that sacrifices history for character development or exposition. Put a group of us together to see a movie about an iconoclast such as Dr. King – a character seemingly impossible to do right by any actor – and the peanut gallery is hard at work. Overall, the film was well reviewed by the group. The casting was most impressive. David Oyelowo made the impossible possible in his portrayal of a flawed but human Dr. King. Carmen Ejogo and Stephan James were Coretta Scott King and John Lewis. Both had the likeness and voice impersonation to baffle the mind.

The story in the film moved along much like how I’ve read and pictured it. After the Bloody Sunday incident on the Edmund Pettus Bridge where roughly 600 protestors were gassed, beaten, and bull whipped by Selma police, King returned to march again from Selma to the steps of the capital in Montgomery and deliver his “Let us march on the ballot boxes” speech demanding legislation protecting the voting rights of blacks. The movie closes with images of Oyelowo crushing the speech, Johnson signing the Voting Rights Act of 1965, hopeful and satisfied people smiling and shaking hands, while theme music inspiring pride and good vibes plays in the background. Theater goes dark; lights go up, credits roll.

Wait, what? That was the end?

I can forgive a well-acted biopic for most anything, but leaving the audience with the impression that passage of the Voting Rights Act of 1965 eliminated the systematic denial to access ballots, polling places, and voter registration was surprising and downright irresponsible.

I had dinner with a non-teacher friend with whom I shared my frustration immediately after the movie. He told me take it easy and reminded me the spirit of ’65 lives on.

Yes, the spirit of the ’65 Act is still very much in tact. I’ve written and podcasted about this. But the absence of any final print about contemporary challenges to ballot access before the credits roll leaves most people to believe disenfranchisement was an issue solved and settled fifty years ago. In Shelby County v. Holder (2013), Chief Justice Roberts ruled the “coverage formula” in Section 4 of the Voting Rights Act and Section 5’s preclearance approval unconstitutional despite its 2006 reauthorization by a shockingly near unanimous House (390-33) and Senate (98-2).

Perhaps the metrics used to calculate the localities subject to Section 4 approval were dated in light of the fact blatant efforts to prevent suffrage, like the poll test shown in the movie, seldom happen. After the movie I went home to look at my copy of the Shelby County decision.

Yep, an original copy of the decision.
My original copy of the decision.

Justice Ginsburg’s dissent reminded me of the insidious ways in which jurisdictions have been imposing barriers to voters, despite the VRA, prior to Shelby. Pages 15-17 of her dissent lists eight ways in which states notorious for disenfranchising African-Americans denied access to voters between 1990-2004. Modern examples of voter suppression, such as racial gerrymandering, increased voter identification requirements, and the movement of polling places, to name a few, are more pervasive in states and lower courts.

The VRA turns 50 this year. Selma could’ve done so much more to inform and push an audience with an already textbook-level understanding of MLK, John Lewis, and the violence on the Pettus Bridge past that historic event. Not mentioning the specter of the Shelby County decision and second-generation voter suppression to willing and attentive audiences was an opportunity sorely missed by Selma’s production team.

The views expressed in this posting are the author’s alone and not those of the blog, the host, or other weekend bloggers. As an open forum, weekend bloggers post independently without pre-approval or review. Content and any displays or art are solely their decision and responsibility.

 

 

72 thoughts on “Selma’s error of omission: The specter of Shelby County”

  1. jim22, I know a chemist who comments on another blog. He had serious problems w/ Breaking Bad.

  2. What DO YOU THINK???

    The South is where they ALL Voted against the Civil Rights Bill…
    Democrats and REPUBLICANS….

    The Southern States….. You know, the ones who still love to FLY their Confederate Flags…..

    The Southern States, that LEFT the Democratic Party after that vote,
    and Migrated to the Republican Party……

    ———————————————————————-

    as for the House Vote…. the NORTHERN States, MORE Democrats voted in FAVOR of the Civil Rights Bill of 1964……

    95% of the Northern Democrats Voted in favor of the Civil Rights Bill…

    While only 85% of the Northern Republicans voted in Favor of the Civil Rights Bill…..

    and the Senate Vote…. 98% of the The Northern Democrats Voted in Favor of the Civil Rights Bill…..

    While 84% of the Northern Republicans voted in favor…..

    —————

    I think it is FUNNY, how many of you TRY to hijack this, as if the Republicans were this LIBERAL Left Leaning Party, the WHOLE TIME…..

    and act, as if there were NO Republicans who voted against it…
    and act as if there were NO Democrats who voted for it….

    and how QUICKLY the SOUTHERN States Switched to the Republican Party,
    after TRYING to Form the Dixicrats….

    It is DISHONEST and is TRYING to re-write History….

    1. JAG – It is neither dishonest nor is it rewriting history to tell the truth. You have used what you feel are numbers that support your side, but you have to draw a line somewhere. Just where is that line? North of the Mason-Dixon Line?

      And the Southern Democrats voted against both bills. The fact that they switched parties later does not change the matter of who they belonged to when they voted, does it. And the Democrats had a strong hold on the South, it is only lately that the South has become Republican.

  3. Paul C. Schulte,

    I loved “Breaking Bad” but in the back of my head I always wondered if I was a chemist, would this show piss me off. I did hear though that they brought in scientist to help with the script to try to make it as realistic as possible. At least they didn’t do volcanoes in Los Angeles when there is no tectonic activity there that could produce such a thing.

    1. Jim22 – the important thing is: are they bringing in a lawyer to advise Saul?

  4. justagurl — How do you come to classify states as “Union” or “Confederate”?

    There were 11 Confederate states and 20 Union states during the Civil War, the rest of the the current lower 48 comprised various territories. New Mexico and Arizona were disputed territory. There was strong confederate sentiment in other territories, sufficient to require the Union to send garrison troops to maintain control. There was strong Confederate support in some of the Union states, as well — Maryland was essentially occupied by Union troops to prevent its possible secession. Ohio was a hotbed of the “Copperhead” movement.

    Alaska was acquired from Russia in 1867; Hawaii became a US territory in 1900. I really don’t see how you could classify them as “Union”.

  5. Nick,

    I couldn’t agree more about profession influencing your media watching. I can not watch any movie that involves geologic disasters due to my geology degree and being a fireman also ruins pretty much any fire movie. “Back Draft” is one of the worst movies ever made. I can handle “Ladder 49” but it has lots of errors too. I remember when “Chicago Fire” came out I was kind of interested since it was by the creators of “Law and Order”. After on episode, I was done. I had a fire instructor who used to say, “You know why they never make a realistic fire fighting movie? Because know one wants to watch two hours of black”.

    I do get nervous about historical movies too. The 1980’s Olympic hockey team was a really important event for me personally and I remember when Hollywood came out with the movie “Miracle” I was really hoping that they wouldn’t screw that one up. For a change they didn’t and it is one of my favorites. It was really cool how they focused on Herb Brooks coaching style.

    Finally, I’d say sorry for your Packers losing, but, as a Viking fan it was sweet to watch them melt down in true Minnesota fashion. When that game ended the first thought I had was, did they take the “G’s” off of Green Bays helmets and replace them with horns?

    1. Jim22 – I do not watch movies on teaching as the major subject. Most would have the teachers fired for the activities they get involved in. And medical programs bother me. “House” spent 45 minutes killing patients before finally curing them. Besides being addicted he was not a good doctor.

  6. I LOVE how people LIE about the votes on the Civil Rights Act… LOL

    acting as if ALL Republicans back then were Left Leaning LIBERAL…..

    acting as if the Northern Union Democrats did not exist…

    It is lying at it’s best…. SAD….

  7. it seems that people are confused about WHO VOTED for an against the Civil Rights Act….

    ———–

    Your point is beyond False….
    The Southern Conservative Democrats were the Racists…
    as were the Southern Conservative Republicans…..

    The NORTHERN Democrats were Liberal and had a higher vote percentage in support of the Civil Rights Act….

    in fact, OVER 95% of the Liberal Northern Union Democrats voted yes on that Bill
    while only 85% of the Liberal Northern Republicans voted yes yes on that Bill, …

    BOTH Parties had a Conservative Arm…. and BOTH Parties have a Liberal Arm of their Party…..

    House – Votes By Party …. and Percentage

    House Vote – Union Democrats – 144 out of 152 voted YES on the Civil Rights Act -95%

    House Vote- Union Republicans – 137 out of 161- voted YES on the Civil Rights Act – 85%

    House Vote – Confederate Democrats – 8 out of 91- Voted YES on the Civil Rights Act – 9%

    House Vote- Confederate Republicans – 0 out of 11- Voted YES on the Civil Rights Act – 0%

    Senate Votes By Party …. and Percentage

    Senate Vote – Union Democrats – 45 out of 46- voted YES on the Civil Rights Act -98%

    Senate Vote- Union Republicans – 27 out of 32- voted YES on the Civil Rights Act – 84%

    Senate Vote – Confederate Democrats – 1 out of 21- Voted YES on the Civil Rights Act – 5%

    Senate Vote- Confederate Republicans – 0 out of 1- Voted YES on the Civil Rights Act – 0%

  8. I’m reading the last volume of Ken Follett’s trilogy of historical fiction about the 20th Century right now. It focuses quite a bit on ML King, Freedom Riders, etc. A good read, like the rest of his books.

    No, it didn’t end with the passage of the VRA, and it’s not over today. Witness the majority opinion issued by the Supremes in last year’s Shelby County case. Intellectual bankruptcy designed to achieve a pre-ordained result. (Not that the opinion is the only example of intellectual dishonesty by the Supremes.)

    I wonder how a mixed race couple would be treated if they traveled around the rural Southeast today. Not to say that discrimination can’t be found elsewhere, of course, or that an interracial couple can live comfortably in places in the Southeast. An interesting article that is several years old can be found here: http://www.economist.com/blogs/democracyinamerica/2012/03/republican-primaries

    I will never forget the looks on peoples’ faces when my wife (who is Chinese) and I walked into a restaurant in rural southern Missouri some 20 years ago. The other patrons stared at us in a not-so-friendly way and then openly pointed at us while talking about us. That included the waitress. Gave me the briefest glimpse of.what those who have dealt with racial discrimination have endured on a regular basis.

    1. Don de Drain – I had the same reaction you got when my Chinese wife and black friend and I stopped for breakfast in Oklahoma City. We were clearly from another planet. 🙂

  9. The author makes a critical observation early in this superb piece. If a movie is about a profession in which you are employed, you tend to lose the forest for the trees. I do not read Private Detective novels, and have never been a fan of any PI TV show, except The Rockford Files. I can suspend belief in watching movies better than books or TV. My bride and I just went to see, Inherent Vice, set in 1970 LA w/ Joaquin Phoenix playing a cannabis smoking PI. I give the flick a 3 out of 4 stars. As we walked out, a couple asked us if we liked the movie. We said we did[myself more than my bride] but told the couple I could not recommend the movie to anyone I did not know well. They appreciated the caveat.

    Having not seen this movie I will withhold comments about it. The flick is on my list but there are others ahead of it, including but not limited to, The Imitation Game, Unbroken, American Sniper and Boyhood. We were asked to be part of a focus group screening of a new movie starring Patricia Clarkson and Ben Kingsley, Learning to Drive. Studios focus group flicks and tweak it. We may go on Wednesday.

    our new contributor is continuing to write thought provoking, non polemic, weekend posts. The pain from a horrible Packer loss is still visceral. This piece offered a much needed diversion.

    1. Nick – any movie based on a historical event has problems. For one thing, some of the facts are not available yet, so you do not have access to them. Then you have the problem of whose story are you going to tell. The story is partially King’s, partially the people who marched with him (black and white), Republicans who voted willingly, Democrats who voted because they were blackmailed, Johnson who pushed it through. So, who do you concentrate on? Where is your focus?

  10. Paul Schulte

    Just today the news in Seattle covered a quandary re. the State’s driver’s license. Anybody can obtain one without a birth certificate or other proof of citizenship much less country of origin.

    The problem? Boarding airplanes or entering federal buildings. The State has a next level license which is used to transit the Canadian boarder. Obviously, that one requires proof. There is an additional charge. Probably have to have its type soon.

    Homeland Security is stepping up the issue.

    Well……in any case our beloved Seahawks pulled it off ….on to the Super Bowl and the Patriots..still playing w a 31 point lead end of the 3rd.

    Seahawks Led by a young black guy. A terrific man. Wilson.

    Black quarterback going to his second SB in a row.
    In mid 60s Harlem Globetrotters came to play Oregon State.
    No hotel would take them. Had to go out of town for lodging.
    We’ve come a long way. Thanks Willie and a whole host of others.

    Need to sign off ….Think the score’s gonna change again.

  11. To Kill A Mocking Bird is on television right now. I do not think that many movies about Jim Crow South can stand up to it. I intend to see Selma. Critics of LBJ need to read up on the events. No one President could have passed the Civil Rights Act of 1964 or the Voting Rights Act of 1965. LBJ was exceptional.

  12. “I had dinner with a non-teacher friend with whom I shared my frustration immediately after the movie. He told me take it easy”

    It could have been worse. It could have been a movie insisting that Abraham Lincoln was a vampire slayer.

  13. We move precincts around here because schools have stopped allowing themselves to serve as polling places. We now have a mega-church which serves as a polling place for 4 precincts that had to move. And voter ID is really no problem, although it is going to get nastier since the courts have required Arizona to give illegals driver’s licences (they used to be used for ID).

  14. PS: If you are thinking that requiring voter registration is an impediment to voting I remind you that without requiring voter registration we might as well forget voting all together and all the freeloaders and ignorant to select our President as they have in the last two elections.

  15. Interestingly the Voting Rights Act of 1965 is that the Democrats fought tooth and nail to defeat it, and you may recall that Sen. Robert Byrd (D-WV) spoke for 24 hours trying to stall the bill. The Republilicans carried the day, God Bless then.

  16. Excellent review and criticism of this movie. Many other films on this and similar subjects end with text statements on screen providing information about what happened to characters and related circumstances in the following years. I had never given much thought to that, but now a movie like this certainly would seem incomplete to me without the follow-up.

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