The Right Body Language For A Court Appearance

On Wednesday morning, I reported to the New York City Criminal Court to be arraigned on charges of disorderly conduct stemming from my arrest during a civil disobedience protest staged outside the office of the governor of New York State, Andrew Cuomo, on March 24th. The day proceeded along lines similar to those I had reported in my previous day in court (back in 2014, after protests outside the Israeli mission during the Gaza crisis): meet my fellow defendants; meet our union’s lawyers; wait to be called into courtroom; wait to be called up before judge. We would, in all probability, be granted an ‘adjournment contemplating dismissal’ (ACD)–a deferment for six months, during which time the charge would remain open and after which could be dropped. Unlike my last appearance in court, this time my name was called out in the first group itself.

I walked up to the front of the courtroom and stood in front of the judge. My fellow defendants–three of them–stood next to me. As I stood and waited, I crossed my arms in front of my chest. Seeing this, a court guard–who was handing papers to the judge–walked up to me and told me to put my arms down. He didn’t specify an alternate location; just that the current one wouldn’t do. I complied; I had no intention of arguing with a police officer in a courtroom, thus risking another arrest for ‘disorderly conduct’ even as I was appearing in court for another such charge.

But the business of being told to adopt the ‘correct’ or ‘appropriate’ body language was intriguing and revelatory. So much of what happens in the courtroom is pure performance, a legal theater: the judge’s seat placed on high, the imposing architecture, the formal, stately, convoluted language, the solemnity, the tightly circumscribed procedure, all the better to impress upon legal subjects–sinners, penitents, and legal officers alike–the awe-inspiring power and majesty of the law. Respect; deference to authority; unblinking conformity–these are the values to be reinforced in this space.

My act of crossing my arms was, I suppose, in this context, an insolent gesture: I did not convey the appropriate respect. I was certainly not causing any disruption; I did not talk; I had not raised my voice.  I was not a threat of any sort–in case, you think that crossing arms allows for the concealment of weapons–because I had already been searched upon entrance to the court. No, quite simply, I had to be bent into that shape which would convey the appropriate respect for the court. And also the particular and peculiar blend of humility and servility that the law is looking for in those who ‘commit crimes.’ The guard’s admonishment was a reminder I was not following the director’s stage instructions.

A minute or so later, it was all done, and I headed to campus with a warning from the judge to ‘stay out of trouble.’ That will not be easy if the Governor of New York State does not restore funding to the City University of New York, if the CUNY administration does not sign a new contract with its faculty and staff.

On Voting ‘Yes’ On The CUNY Strike Authorization Vote

Yesterday, like many of my colleagues at the City University of New York I voted ‘Yes’ on our union’s strike authorization vote. (The voting period ends May 11th; at that time, the PSC-CUNY will be able to inform CUNY administration of the extent of faculty and staff support for a strike.) A strike is serious business; it is a high-risk political tactic; in the current political and economic climate, a strike invites serious rhetorical and material blow-back. A strike shuts down services, sometimes essential ones; a strike causes economic damage and hurts livelihoods; a strike inconveniences many. Why strike?

It is an interesting feature of our modern social discourse that a strike has come to be regarded with as much antipathy as it has. Such a development would not have been surprising to anyone familiar with the kind of analysis that theorists like Max Weber or Max Horkheimer gave us of our developing understanding of work: work for the sake of work, work as a deliverance, work as a blessing, the desire to work as evidence of rationality, “rational conduct on the basis of the idea of the calling”–these all would come to signal the refusal to work as a kind of moral failing. As Horkheimer noted in The Eclipse of Reason, “The deification of industrial activity knows no limit.” Or as Weber had noted in The Protestant Ethic and Spirit of Capitalism, “modern labour has an ascetic character.” Unsurprisingly, we find moral abuse directed at those who strike: striking workers are lazy, they are parasites, they are selfish, they are thuggish, and so on.

But workers can, will, and should only work–surprisingly enough–if they are adequately recompensed for their labor. Their relationship with their employers should be underwritten by a respect for this basic postulate of the employment relation. Otherwise, it is no longer enjoys such a status and  merely devolves to some variant of older, exploitative models of hiring and firing (indentured labor, feudal serfs, and so on). The failure of the City University of New York administration to sign a contract with their staff indicates that such basic respect is not forthcoming: the staff of this university have been expected, for six years now, to continue working under the terms of a contract that expired six years ago. In this nation’s most expensive city, such salary and wage conditions amount to a steadily increasing pay cut.

Such a cut in wages sends several signals, none of them respectful to the most important constituencies of the university. First, it tells students that the university does not care how their teachers are compensated for their work; second, it tells students that the university is willing to suffer shortfalls in services that might result from the lack of fair compensation (loss of staff, strikes etc); third, it tells faculty, responsible for instantiating the university’s core mission, that they are not important enough to have their reasonable demands listened to. The final result is a diminishing of the university, a member of a cohort of institutions that now finds itself increasingly under attack from a political and economic sensibility that would destroy as many public goods as possible.

A strike by the faculty and staff at the City University of New York would not just showcase workers laying down their tools; it would also signal to the rest of the polity that attacks on public education will not be tolerated.

Strikes are reviled and abused because interestingly enough, they find their grounding and motivations in firmly and passionately held political convictions that might, as Georges Sorel noted (in Reflections on Violence,) attain the status of myth. In writing of the ‘general strike’ Sorel commented on the common understanding of its supposed irrationality, but as he went on to note, this was in part because of the strong social desire to return to a more quiescent state, one that would not be possible once “the myth of the ‘general strike’ is introduced.” And such reactions were especially understandable: “It is because the theory of myths tends to produce such fine results that so many seek to dispute it.”

A strike is as feared and as despised as it is because very often, a strike–the denial of a worker’s labor, his ultimate weapon, only to be exercised in the direst of circumstances–is effective. The administration of New York City and the City University of New York and its faculty and staff will soon find out–if no contract is forthcoming–how matters will turn out in this domain.

A Strike At CUNY: The Work Yet To Be Done

Over at CUNYstruggle.org Sean M. Kennedy strikes a sharply critical note of the CUNY Professional Staff Congress’ tactics in their ongoing struggle with CUNY, New York City, and State administrations. Kennedy takes as as his starting point, the recent civil disobedience action staged last week, and on a couple of occasions, calls for a not-ersatz civil disobedience:

[M]any rank and filers would like to see the PSC hold a strike: a genuine civil disobedience, given the Taylor Law. [link added]

[W]hat does it mean to stage a civil disobedience in which the “penalty”—a tap on the wrist legally—is as symbolic as the action, instead of engaging in the actual civil disobedience of going on strike and breaking the Taylor Law, in which the penalty is significant (lost wages, fines, possibly lost jobs for individuals; fines and other reductions in resources for the union proper)?

[M]any of us uniting under the “CUNY Struggle” banner favor the material meaning, collectivity, and risk-reward ratio of the latter approaches.

Given Kennedy’s explicit and implicit concern for CUNY students, I thought I would offer some notes on my experiences as a student whose faculty went on strike. That experience, I think, highlights my greatest concerns with a union strategy that includes a strike. I’ve voted in favor of a strike, so I’m not against a strike per se; rather, I think, a great deal needs to be done to prepare the ground for a strike. In that sense, I join in Kennedy’s critique of the PSC’s tactics because that work has not been done yet, and neither does it seem to have been planned for; I just come at it from a different perspective than he does, in the hopes of highlighting a concern that is not raised in his post. (The costs of going on a strike do not, for instance, include a mention of the losses to students: delayed graduation, derailment of educational plans, loss of income dependent on graduation etc.)

During my undergraduate days at Delhi University, the faculty went on strike twice. First in my ‘freshman’ year, for thirty-six days; and then, in my second year, for sixty-six days. The local press, as can be imagined, was hostile: the usual complaints about faculty indolence and self-indulgence–these should be familiar to Americans–came flooding in. More importantly, the students responded with anger and confusion: they did not know why the strike was being called; they had not been supplied with any information about the nature of the negotiations between the university administration and the faculty union; university faculty were subject to the same critical view that school teachers in the US often are–those who can’t, teach; and so on.

The result was that university faculty had practically no support–rhetorical or practical–during their strike. (The first strike failed precisely for this reason, thus necessitating a second strike, but it seemed the lessons of the first time had not yet been learned.) Moreover, the students developed an intense  antipathy to the faculty; this came to a head in the second year, for on that occasion, when faculty returned to teach, students boycotted classes. This boycott did not last long but the bad feelings did.

If the PSC wants to call a strike, it must do much more to communicate to the students–and their families–why such a strike is necessary and how it would benefit students and faculty alike. A strike will not succeed if the students don’t support it.

Note: Here is an older post responding to a New York Times article on the 2012 Chicago Teacher’s Union strike.

A Day In Gaol: Protesting Andrew Cuomo’s Attack On CUNY

Yesterday I, along with many other members of the City University of New York’s faculty and staff union, the Professional Staff Congress (PSC-CUNY) participated in a civil disobedience action outside the New York governor Andrew Cuomo’s office. Across the street from us, other members held a rally; they waved signs, chanted slogans and marched. We were all protesting New York State (and City’s) slow starvation of CUNY–through persistent budget cuts. (See this earlier report too.) Moreover, faculty and staff have now been without a contract for six years. Given the cost of living increases in New York City, this  means that we have been receiving pay cuts for the past six years.

We marched out as a group in rows, arms linked, and then performed a ‘die-in’ in front of the entrance to the office building. We received three warnings from the NYPD to cease and desist; following our non-compliance, we were all arrested and taken to NYPD’s central office at One Police Plaza for booking and post-arrest processing. (Thankfully, the NYPD was not over-enthusiastic about tightening their plastic hand-cuffs.) The usual tedium ensued: first, we waited in the paddy-wagon before being driven off, then on arrival we waited before disembarking. Once that had happened, we moved slowly through several stages of processing. Identity cards were collected, searches conducted, property–including shoelaces–confiscated for holding, mugshots were taken (with a twist that each arrested person ‘posed’ with his arresting officer.) This done, we were sent to a holding cell. I had been assured by my arresting officer–a Pakistani gentleman with whom I struck up a rolling conversation in Hindi-Urdu-Hindustani-Punjabi–that a new streamlined procedure was being followed and that we would be out quickly, but even then, a wait of approximately four hours was still in store.

As was the case in my previous time spent in a NYPD holding cell, conversation with my cellmates was the saving grace of what would otherwise have been an exercise in boredom. I chatted with, among others: a staff member of CUNY’s Murphy Institute who hailed from a family with four generations of union organizers;  a political theorist who analyzes conservative critiques of capitalism; a doctoral student in sociology writing on race and class in social movements; a Brooklyn College sociology professor specializing in studies of policing and police brutality. (In the paddy-wagon too and while waiting in line for processing, there had been wonderful moments of bonding and camaraderie, including the obligatory rendition of ‘Solidarity Forever.’)

Finally, the moment came, as our arresting officer called us out to pick up our property and court appearance notices (we had been charged with ‘disorderly conduct.’) After doing so, we were escorted out to the precinct gates, where we were greeted by our union colleagues, who had kindly arranged for food and snacks and had held on to our backpacks. I was underdressed as I had not anticipated the sharp drop in temperatures, so I quickly ate a sandwich and headed for the downtown Q train to take me back home. I was in bed around midnight.

The ongoing, seemingly nation-wide, assault on public education is one of the most shameful features of modern American life. It is the true negation of the American dream, a central component of which was the promise to educate, and make possible, a better life for those who could not afford it otherwise. An attack on public education is a political act; it loudly and proudly proclaims an anti-intellectual stance; it says that education is a privilege reserved for those able to pay for it. That is not what CUNY is about, and the faculty and staff here will not let the city and state administration forget it.

Note: These articles by Village Voice writer Nick Pintohere and here–provide more useful background on what is going down at CUNY. This article in the Gotham Gazette reports some of the latest developments in the funding crisis.

Serendipity In The Library Stacks

I like libraries. Always have. My most favored writing space these days is a library, that of the CUNY Graduate Center in midtown Manhattan. I arrive by subway at the 34th Street station, exit at 35th Street, enter the B. Altman Building through the lobby, buy myself a coffee, and then head upstairs to the second floor. If my favored by-the-window spot is not available I seek out others and get to work. The ceilings are high; the light is good; and scholars around me remind me I should not spend too much time dilly-dallying on social media.

But the real reason to like working in a library is that I’m surrounded by books. CUNY folks are used to griping, endlessly, about the relatively small size of our collections, but be that as it may, there are still many, many stacks of tomes here. And it’s not just the books that are immediately relevant to my writing projects that make a library a favored zone of work; it’s all of them, arranged according to a scheme whose workings I do not fully understand (and don’t want to.)

For between these stacks are passageways that must be traversed to move around within the library–those much-needed short walks to pick up a printout, a sharpened pencil for underlining and note-making, a trip to the restroom or water fountain for relief and refreshment, a short nap in the big armchairs by the windows. And as I walk among these stacks, among rows and columns of books, I encounter the serendipity of the stacks.

Here may be found entire domains of scholarship and literary and cultural accomplishment that I have not encountered and would never have had I not ventured into Stackland (and sometimes also into Returned For Reshelving Island.) Nineteenth century woman poets; obscure, marginalized ‘moments’ in art history; avant-garde novelists; dazzlingly incomprehensible mathematical monographs; presidential speeches; philosophers who never make it to graduate reading lists; Brazilian musicology; the list goes on. And on. (This exceedingly short list does no justice whatsoever to the richness of the offerings on display.)

I move quickly and briskly between the stacks, purposefully striding on toward my eventual destination. But the corners of my eyes are drawn towards the titles whizzing by. They pull me back toward them; they slow my steps. They bid me pick them up and inspect the spine, the cover, the table of contents. I am intrigued; I am awed by the labor of love so clearly visible. I am humbled; I am overwhelmed. I will never be able to produce scholarship this acute, this sustained. I am reminded, relentlessly, of how little I know. And how the vast edifice of human knowledge is built up by these constituents, arrayed here in their marvelous variety.

These walks are little expeditions of a kind; sorties and forays into uncharted territory. Who knows what I may find on the next one? I will never read all the books I glimpse here, but they do serve as reminders to keep reading. And writing.

A Sympathy Inducing Reminder Of Basic Human Wants

A few years ago, a young union organizer stopped by my office to talk with me about an upcoming campaign of activism directed at CUNY administration. As we spoke, I felt increasingly impatient. I didn’t need to be ‘organized’; my participation in the activities planned by the union was a foregone conclusion; this young man was preaching to the converted. I tried to indicate as much so that his energies could be more usefully utilized elsewhere, but he was undeterred; it was quite clear he–a novice activist–was working with a script, and was going to stick to it to no matter what. Finally, struggling to keep my irritable disposition under control, I brought the meeting to a close, and ushered him out. Later, still put off, I commented to a friend of mine on how the young organizer needed to ‘get his act together.’

A couple of weeks later, walking through campus, I saw the same young man sitting by himself, eating a sandwich for lunch. My initial reaction on seeing him had been to hope that he would not catch sight of me and launch into his organizing spiel. But as I looked at him, quietly working his way through his solitary meal, an entirely different emotion ran through me, one that replaced the irritation I had come to associate with him.

I felt, most of all, a curious emotion that I can only describe as a hybrid of sympathy, pity, and affection; it might be the feeling that courses through us when we see a small child playing by itself. Strangely enough, as I looked at that young man, I felt protective of him. I felt too, regret at yet another failure of kindness, even if not overtly expressed; I had not been accommodating and understanding enough of his enthusiasm for his work, of his naiveté and sincerity. I felt ashamed I had ever thought so harshly of him, spoken so unkindly about him. I had been impatient and dismissive; he had merely been doing his job even if one could quibble with his tactical allocation of effort.

This change in my perception of this young man had been brought on, I think, by witnessing him at a moment of acute vulnerability. He was all alone, engaging in an act that all humans engage in,  eating a meal. Somehow the simple business of quietly eating a sandwich in solitude had reminded me of his humanity. When I had encountered him in my office, he had been a pesky irritant, diverting me from my work, subjecting me to an argument the contours of which I knew too well. Here, all that was gone; now, there was only a young man nourishing himself. All alone. Somehow, at that moment, he became just another person trying–imperfectly, at the best of times–to find his way in this world, all the while not free of his most basic human wants. Here, by himself, he was taking care of them.

At that moment, that little glimpse of that young man was all that was needed for me to see him in an entirely new light. My old feelings could resurface were I to encounter him in a similar context, but perhaps then, hopefully, they would be tempered by the knowledge of the sensations that I had just experienced.

The Deadly Self-Pity Of The Police

In 1997, as a graduate teaching fellow, I began teaching two introductory classes in philosophy at the City University of New York’s John Jay College of Criminal Justice. Many of my students were training for careers in criminology and law enforcement. Some hoped to join the FBI, yet others, the New York City police force. And, as I had been told (warned?) some of my students were serving NYPD officers, perhaps hoping to become detectives, gain added educational qualifications and so on. In my first semester, I did not meet any of these worthies.

A few weeks into my second semester, soon after I had finished teaching for the night, a student walked up to me, asked me a couple of questions about the material I had just covered and then introduced himself. He was a serving officer in the NYPD, working in a Brooklyn precinct. We chatted for a bit, and then as I headed out to the subway station to take a train home, he accompanied me. At the station he indicated he could wave me through with his card, but feeling uneasy, I politely declined and said I would use a subway token instead. Shortly thereafter we said goodnight. From that night on, after the end of class, he would sometimes accompany me to the station; we would chat about his educational plans and of course, his work at the precinct.

1997 was the year that Abner Louima, a Haitian immigrant, had been assaulted and sodomized with a broken-off broom handle by the NYPD after being arrested outside Club Rendezvous in East Flatbush. That incident had sparked angry demonstrations and the same old calls for reform of the NYPD, for an inquiry into race relations in New York City. (Incredibly enough, the officers who assaulted Louima would go on to serve time.)  That fall, that incident was something my new ‘friend’ returned to again and again. It made him ‘unhappy.’

Not because he felt for Louima. Not because he sympathized with a man who had been beaten and raped by the police. Not because he felt for the mothers of the black and Latino men who had been shot dead or assaulted by the NYPD. Not because he thought that communities of color were unjustly targeted by the police. None of that that bothered him. What bothered him was something else altogether. Now, the people of the borough didn’t ‘respect the police’. They were ‘disrespectful.’ They walked by the precinct waving broom handles at the police, shouting angry slogans, reminding the police of the night that another  broom handle had been used to commit sexual assault on someone like them. It was so ‘hurtful’ to see that kind of contempt, that kind of language directed at policemen, who were after all, only trying to ‘do their jobs.’

I was talking to a man who seemed curiously consumed by self-pity. He was not happy his profession was being maligned, but he didn’t seem to think it had anything to do with the way his colleagues–other than a few bad apples, who he wanted to disown all too quickly–behaved with the communities they policed. The police were the real victims here, unfairly made to bear the brunt of a community’s wrath. Louima might have suffered one night, but all the agitators and demonstrators–sometimes folks who didn’t even live in Brooklyn!–were now making life oh-so-difficult for the rest of the police, forced to deal with this daily reminder of their brutality.

What makes policemen really dangerous, I think, is that their implements of destruction do not end with the deadly firearms that they discharge so easily and so carelessly. They carry around too, a toxic mix of self-pity, righteousness, and resentment at a deliberately obtuse world. When they walk the streets, they do not see a ‘community’ around them; they see the sullen, non-compliant subjects of their policing. They are convinced of the rightness of their actions; if they are ever subjected to critique then it must be flawed, infected with an ignorance of the nature of police work. They are mystified and angry. They seek to bring ‘these people’ law and order; why don’t they encounter more welcoming behavior? My ‘friend’ was caught up in this mystery. He could not fathom how the folks who said the police were ‘pigs’ could not separate out the good from the bad, how they could not exercise a discrimination finer than the one they put on display.

In this attitude, urban police forces in America today are very much like occupying and colonial forces elsewhere: they are puzzled why the occupied are not more grateful for the benefactions of the armed forces that stride through their neighborhoods, stopping and frisking, getting young men up against the wall, stamping out ‘disorder’, showing by their body language and their voices that they are armed and dangerous and will not tolerate dissent in any form. And just like those forces the police  ask again and again: Why do they make us hurt them so? Why do they make us do the things we do?

Is there anything more deadly than self-pity, the conviction that you have been sinned against, and the right to use arms?