The Fire Will Not Consume Us: Barry Black, Part 1

In 2003, the Supreme Court ruled that the mere act of burning a cross, absent evidence of specific intent to intimidate, is protected by the first amendment. But who was the klansman who got his case all the way to the highest court in the land? This is the first half of the story of Barry Black, a Pennsylvania Ku Klux Klan leader who won two write-in campaigns for constable, waged war on a rural gay bar, and spent decades fighting for his right to intimidate.

Original Air Date: 10.3.24

Freedom to Burn: Barry Black, Part 2

In part two of the story of Barry Black, we finally get to the landmark supreme court case that won the klansman the right to burn crosses. Barry's Keystone Knights faded into relative obscurity after the high profile case and Virginia passed a new law aimed to prevent men like Barry from using fire as a tool of intimidation.

Original Air Date: 10.10.24

Sources - Pt. 1:

https://www.salon.com/2009/07/24/liddy/

https://www.fec.gov/resources/legal-resources/litigation/berg_ac_berg_emerg_mot_proh_cert.pdf https://www.wethepeoplefoundation.org/PROJECTS/Obama/Evidence/AFFIDAVIT-Bishop.pdf

https://barthsnotes.com/2009/08/25/meet-ron-mcrae-the-birther-bishop/ https://washingtoncitypaper.com/article/278475/dykudrama/ https://digdc.dclibrary.org/islandora/object/dcplislandora%3A266739/datastream/OCR/view https://archives.rainbowhistory.org/files/original/367cf04d6456e9b3c311296a806863cd.pdf https://youtu.be/o4o0tZPETAc

https://archive.org/details/BarryE.Black/mode/2up

Heibel, Todd (2004). Blame It on the Casa Nova?: “Good Scenery and Sodomy” in Rural Southwestern Pennsylvania. In Spaces of Hate: Geographies of Discrimination and Intolerance in the U.S.A. Routledge.

Sources - Pt. 2:

https://law.duke.edu/voices/virginia https://www.oyez.org/cases/2002/01-1107 https://unprecedented.substack.com/p/transcript-bodily-harm-is-coming https://time.com/archive/6615465/south-carolina-backfire/ https://www.cnn.com/2016/07/05/us/georgia-kkk-adopt-a-highway-lawsuit/index.html https://www.nbcnews.com/news/nbcblk/former-kkk-headquarters-terrorized-town-years-now-will-become-diversit-rcna20865

https://www.kait8.com/story/3384156/prison-officer-fired-for-kkk-membership-sues-arkansas-correction-department/

Unite the Right audio from videos by photojournalist Zach D Roberts & publicly available video recorded by the marchers themselves

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When Oath Keeper Darren Huff returned to Madisonville, Tennessee on April 20, 2010, he was planning to take control of the courthouse. It didn't quite work out that way. He didn't even see the inside of a courthouse until his own arrest a week later.

Sources:

https://www.politico.com/story/2010/04/army-birther-under-investigation-035823

https://www.cbsnews.com/colorado/news/army-birther-lakin-released-from-leavenworth/

https://www.washingtonpost.com/archive/lifestyle/1995/04/26/gordon-liddy-on-shooting-from-the-lip/75754676-030f-4191-a9e3-a421855aea1f/

https://www.iheart.com/podcast/105-behind-the-bastards-29236323/episode/part-six-g-gordon-liddy-the-126130442/

https://www.motherjones.com/politics/2018/08/roger-stone-kristin-davis-robert-mueller/

https://www.pbs.org/newshour/politics/democratic-party-accuses-republicans-voter-intimidation-federal-court

https://talkingpointsmemo.com/muckraker/attorney-for-birther-army-doc-is-former-gop-staffer-and-anti-gay-crusader

https://www.justice.gov/archive/usao/gan/press/2011/11-01-11.html

https://www.pewresearch.org/short-reads/2023/06/14/fewer-than-1-of-defendants-in-federal-criminal-cases-were-acquitted-in-2022/

https://time.com/archive/6597707/the-secret-world-of-extreme-militias/

https://www.thedailybeast.com/anti-vaxxers-charge-followers-to-join-fake-anthony-fauci-grand-jury/

https://www.courtlistener.com/docket/4382623/fitzpatrick-v-bivins/

https://www.courtlistener.com/docket/5092131/united-states-v-huff-tv1/

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In 2010, conspiracy theorists around the country were convinced that Barack Obama was not the rightful president. Some of them filed lawsuits. Some of them tried to have the President indicted. And when none of that worked, some of them took matters into their own hands and tried to arrest the county court employees they thought were standing in their way. In the first half of this story, Walter Fitzpatrick unsuccessfully storms the courtroom in Madisonville, Tennessee. The outcry over his arrest would motivate Oath Keeper Darren Huff to rally supporters for a second attempt.

Sources:

Jardina A, Traugott M. The Genesis of the Birther Rumor: Partisanship, Racial Attitudes, and Political Knowledge. The Journal of Race, Ethnicity, and Politics. 2019;4(1):60-80. doi:10.1017/rep.2018.25

Josh Pasek, Tobias H. Stark, Jon A. Krosnick, Trevor Tompson, What motivates a conspiracy theory? Birther beliefs, partisanship, liberal-conservative ideology, and anti-Black attitudes, Electoral Studies, Volume 40, 2015

Hughey, M.W. Show Me Your Papers! Obama’s Birth and the Whiteness of Belonging. Qual Sociol 35, 163–181 (2012).

https://www.politico.com/story/2016/09/birther-movement-founder-trump-clinton-228304

https://www.nbcnews.com/id/wbna33388485

https://www.nytimes.com/2009/03/12/us/12alabama.html

https://www.newsherald.com/story/news/crime/2018/10/19/vigilante-group-oath-keepers-arrested-in-mexico-beach-following-hurricane-michael/9509280007/

https://www.huffpost.com/entry/oath-keepers-poll-watching_n_58122566e4b0990edc2f8178

https://www.splcenter.org/fighting-hate/intelligence-report/1998/hate-group-expert-daniel-levitas-discusses-posse-comitatus-christian-identity-movement-and

https://cases.justia.com/federal/district-courts/district-of-columbia/dcdce/1:2009mc00346/137380/2/0.pdf

https://www.politico.com/news/2024/01/25/judge-lamberth-jan-6-trump-00137960

https://www.tncourts.gov/rules/rules-criminal-procedure/6

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