Black Panther & the American Creative Continuum

When Black Panther opened last month and proceeded to set records at the box office, it just so happened to be 200 years, almost to the day, after Frederick Douglass was born into slavery in Tuckahoe, Maryland. The significance of this particular symmetry might be observed through any number of lenses, including those distorted by presentist emotions, which tend to warp historic narrative. But one truth that unquestionably sits between these parenthetical milestones is a reminder that the progress of American democracy—namely the effort to define and shape its grand promises—has always been literary.

In his Narrative of the Life of Frederick Douglass, an American Slave, Douglass describes his introduction to literacy by Mistress Auld, and the consequent lesson inherent in Master Auld’s rebuke, as follows:

“From that moment, I understood the pathway from slavery to freedom. It was just what I wanted, and I got it at a time when I the least expected it. Whilst I was saddened by the thought of losing the aid of my kind mistress, I was gladdened by the invaluable instruction which, by the merest accident, I had gained from my master. Though conscious of the difficulty of learning without a teacher, I set out with high hope, and a fixed purpose, at whatever cost of trouble, to learn how to read.”

While still a fugitive, Douglass registered this book for copyright in 1845, and it was more than a year later that his friends purchased his freedom from Thomas Auld. This overlap in time, when Douglass owned intellectual property while he was still technically the property of another man, says a lot about the painfully bipolar identity of America, but it also reflects the fact that the evolution of the nation’s literary voice has always been intertwined with broadening the initially too-narrow meaning of American liberty.

As the last of the witnesses to the Revolution were dying off, the first generation of Americans born under the Constitution—most of the population was under 30 circa 1840—inherited the exciting, and often harrowing, task of defining what it actually meant to be American. For some, this entailed reconciling the declarative chutzpah of independence with the many social and political hypocrisies that manifestly betrayed all the beautifully-written hubris of the Framers. And one answer to this dichotomy was the advancement of a national literature.

By the time Douglass published Narrative, a literary revolution was already reshaping the fledgling nation. In an 1837 address at Harvard, Ralph Waldo Emerson called upon America’s next generation to produce literature that shed reliance on the conventions of England. “Our day of dependence, our long apprenticeship to the learning of other lands, draws to a close. The millions, that around us are rushing into life, cannot always be fed on the sere remains of foreign harvests. Events, actions arise, that must be sung, that will sing themselves,” he said in his opening remarks.

Any reader of Walt Whitman’s poetry will note Emerson’s use of the verb sing, and indeed “Leaves of Grass,” first published in 1855, was one of the most famously overt responses to this summoning of national identity through creative expression. Whitman was among the authors—others included Hawthorne, Melville, and Whittier—who coalesced around the newspaper The Democratic Review, founded in 1837 by John O’Sullivan. The mission of the Review was to advance a younger, more diverse, and more expansive vision of democracy through a literature of “original works treating commonplace themes with forcefulness, directness, and dignity,” writes historian Edward L. Widmer in his book Young America: The Flowering of Democracy in New York City.

This was America’s first generational culture clash, in which the Young Americans, as Widmer describes, stood in opposition to an older and more conservative population of Whiggish elites. It was this literary-political agenda that shifted the cultural center of gravity from Puritan Boston and Philadelphia to riotous, diverse, petulant, exuberant, and unabashedly commercial New York.

While a proper schematic of the social and political views among these forces is too complex to describe in a short post,* the emphasis on prodding the American creative voice into its own was intertwined with the general aim of expanding the promise of civil rights and dignity to a plurality of American citizens. “I speak the password primeval … I give the sign of democracy;/By God! I will accept nothing which all cannot have their counterpart of on the same terms,” wrote Whitman, who, interestingly enough, was an advocate of copyright as an engine of democratic principles more than one of economic necessity.

In the narrative of the ever-evolving American voice, we can draw a line from Douglass literally stealing literacy to transcend his captivity to the moment when Mark Twain in a single sentence in Huckleberry Finn simultaneously obliterates moral ambiguity about slavery and asserts the power of vernacular in American literature. “All right then, I’ll go to hell,” says Huck upon his decision not to turn in Jim as a runaway slave. From there, we can draw a long but clear arc to the video review by Danielle Radford for Screen Junkies in which she explains why Black Panther is “black as fu©#.” Because its cinematic language employs a vernacular that is uncommon among Hollywood blockbuster movies.

Yes, Black Panther is just a Marvel action film full of chases and fight scenes and magic, as expected. But that’s why it’s significant. As Radford describes, its subtle choices—the million tiny decisions where film artists are truly at work—broaden the cinematic language in a way that actually reverses her opening declaration. The relevance is perhaps not that the film is “black as fu©#” but that it’s American as fu©#. And it has always been the role of creative artists to write and revise exactly what that means.


*In particular, the subject of abolition among the various factions would require a whole post just to set the stage.

Democracy Disrupted

A couple of posts ago, I reported that the organization Fight for the Future had facilitated enough comments sent to the Copyright Office regarding Section 512 of the DMCA that they “crashed” the servers.  In a follow-up email brimming with pride, the organization said this to those who contributed:

“Wow! In a matter of days you and nearly 100,000 other people told the U.S. Copyright Office about the urgent need for better Fair Use and free speech protections in the DMCA.”

I didn’t receive one of these emails, but my friend David Lowery did. And not because he said anything to the Copyright Office about the “urgent need for better Fair Use and free speech protections,” but because he and his colleagues tested the FFTF web form email blaster and published their findings on The Trichordist blog.  They found that the automated system did not verify email addresses or confirm that IP addresses were within the US; it also allowed multiple comments from the same source and as stated in the post, “we managed to post rapid-fire comments (less than three seconds between comments).”

As indicated in my other post, I really do believe you’d have to search long and hard to find 100,000 citizens who could properly explain the DMCA, let alone fair use doctrine; but to compound this nonsense, some astroturf organization floods a government server with automated messages that may represent anything from bots to foreign citizens to minors to the typically pavlovian American, who just clicks stuff that sounds really serious but that he doesn’t understand.  Democracy in action indeed.

I’ve made this point many times, but it’s one worth making often.  This type of automated “political action,” which in this case is funded by a very large industry, should be among the real digital-age phenomena that scares the hell out of people, regardless of the stated issue du jour.  Forget the DMCA for a moment and imagine it’s the pharmaceutical industry or petroleum or Koch Industries using the same exact tools to rally virtual citizens, sock puppets, non citizens, and literally anyone capable of believing a lie and clicking a mouse to flood the EPA or HHS on some matter that disfavors the public interest in the service of one industry’s bottom line. That’s not even coming close to the reason the first amendment affirms the rights of speech and the petition of government. And, yes, there is a history of obfuscation by big business since long before the internet, but automation seems uniquely suited to fostering the illusion that the people are the ones doing the speaking.

In The Trichordist post, Lowery indicates that if FFTF used the type of automation described above to flood government servers, it might have been illegal but was at least a well-funded monopolization of a system meant to allow all parties to comment on an issue. Hence the “crashing” that this organization is so proud of is tantamount to—you got it—chilling free speech.  One could of course say this about any online petition in theory, but isn’t it interesting that the last time we heard about crashing systems like this was over SOPA?  So, does this really happen because there are so many well-informed citizens who care more about “digital rights” than any number of more pressing issues? Or might it have something to do with the fact that the corporate interests in these cases also happen to be the world’s experts in automation and aggregation?  Maybe not.  Maybe there really are more Americans worried about whether or not some YouTube video is a “fair use” than are concerned with the economy, violent crime, security, real civil rights violations, etc.  And if that’s the case, then  there’s truly nothing left of the Republic worth fighting for, is there?

On the positive side, I suspect a lot of this digital reactivism is wasted and that the internet industry may eventually discover that not everything is a numbers game.  For all the megabytes of outrage, what exactly does anyone think the Copyright Office is supposed to do with most of it? Responsibly vetted petitions have an important role to play in public policy.  But in a moment like this, it is the Register of Copyright’s job to consider the views of various stakeholders; and the comments that should be most influential will come from representatives of all sides who submit fairly long and well-reasoned statements based on actual knowledge of the law.

Ultimately, the Copyright Office recommendations to Congress on Section 512 may be 100 pages worth of analysis based on legal precedent going back to the beginning of the country. So, any petition to this particular office only carries so much weight in the first place; but how much attention does Fight for the Future imagine copyright experts will give to some boilerplate whinging about a doctrine they have grossly misrepresented to the signers of said petition?  And even 100,000 verified signatures would be small potatoes in a age when people will click on just about anything.  It probably wouldn’t be that hard to automate 100,000 “signatures” to lobby the White House to appoint Sponge Bob Square Pants as Ambassador to Fiji, but so what?  (Come to think of it, that petition would probably do quite well.)

There are an estimated 5.5 million jobs in the U.S. that directly depend upon the protection of copyrights. Meanwhile, every independent rights holder I have thus far encountered has effectively given up on the DMCA as a tool for protecting creative works online.  That’s a tangible problem, and one that does affect everyone because 5.5 million jobs supports a hell of lot more jobs than that in the overall market.  We could take this reality seriously, or we could keep finding ways to imagine that free speech is under siege and continue to allow the largest companies in the world to manipulate the political process with a little code and a lot of noise.