JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Monday, September 21, 2020

MOSS v. RUMPOLE

 A few posts ago we complained about the politicization of sports. To be fair we have always complained about the jingoism of the NFL and owners turning a game into a forced patriotic moment where there are military jet flyovers and at halftime some poor Gunny Sergeant back from Afghanistan with half his face shot off is reunited with his family. Of course if NFL owners really cared about vets they would give them jobs and set aside a few hundred seats in the lower bowl at the 40-50 yard line and treat military members and their families to a game. But that would cost the owners money. So we have always seen the hypocrisy in the fake patriotic displays especially when most owners did not serve.  

As the nation erupted in flame and violence this spring over racial inequality players began speaking out. The NFL jumped in again with a fake display of solidarity by playing "Lift every voice and sing" but as we reported the Dolphins called them out on that hypocrisy and refused as a team to take the field during the anthems. 

But we also criticized the  players  saying we were paying to watch a game and didn't want to be lectured by players whose own moral backgrounds could be shady. 

Enter Tony Moss who called us to task with this comment: 

Anonymous Tony Moss said...

That's exactly what people like you once said about people like Tommie Smith, John Carlos, Kareem Abdul-Jabbar, Bill Russell, Muhammad Ali, and others who sacrificed in support of a greater cause than scoring buckets or touchdowns. How does history regard those men now? And you have the audacity to suggest that this tradition of Black athletes reaching beyond the gridiron or the court is "forcing" adverse views upon you? After all the adverse views and images that have been scarred into our collective psyche?

And in case you didn't consider it: perhaps that "350-pound Okie" you refer to just might have a thought or perspective on the country he's living in that merits consideration by the rest of us. How condescending of you.

Saturday, September 19, 2020 3:41:00 PM

 Delete

And the thing is...he was 100% correct. Ali was an idol of ours. We remember being a child but old enough to understand the social unrest and battle for civil rights at the time and seeing Smith and Carlos hold up their fists, and being inspired. They truly fought the power. It was a great and courageous act that became an iconic moment. 

We remember the adults we knew who hated Ali. They often not only wanted to see him beat but it was common to hear otherwise normal adults say that they wanted someone to "shut that nigger's mouth" and we use the actual word because we heard the phrase a lot and it made us love Ali even more. He stood up to hate. He stood up the the US government. He said no to war, One exact quote was that no Vietnamese person ever called him a nigger- He asked why he should go fight them? And he was right. He caused us to question the values of the adults we knew and the values of our president and our country. 

So what's the difference now? How could we idolize Smith and Carlos and Ali and Abdul-Jabbar and Bill Russel and get angry now when some athlete makes a statement about the current problems in the country? 

Well once we read the stinging and 100% correct rebuke from Tony Moss we spent some time meditating on this. It is not often we are so devastatingly taken down by logic that we cannot refute. 

And to our great discomfort we came to the realization that it was age. We have grown old and closed minded. Oh does that hurt!  As a child Ali and Smith and Carlos and the other athletes were the adults -at least to us they were.  Now in our 50s we look at these 22-30 year olds as know-nothing kids. And yet it was the loud-mouthed kids like Ali and Smith and Carlos  who refused to shut up and changed the world. 

There is more here. More to think about and more to analyze. The athletes who speak out now are of a different generation. They didn't grow up with the overt racism of the "no blacks and jews " signs that littered the landscape of our youth. But they experienced the more insidious racism of economic subjugation.  They could eat wherever they wanted but their mothers and fathers and brothers and sisters didn't have the chance to earn a living to give them money to eat at the restaurant that would serve them. The door was closed -just another way and we have not been sensitive to that. When the "no blacks" signs came down we thought the struggle was won. And we were wrong. And these athletes are saying that and lest we become an old and bitter closed-minded man,  we need to listen to their voices. 

We recall that when Dr. King was killed in Memphis he was there to support a sanitation worker's strike. It was not a black issue. It was an economic issue because as 1968 got under way Dr.  King knew the real struggle was economic equality. But he was struck down before he could make a difference. 

So as our hero Winston Churchill was wont to say- those who do not change their minds do not change anything. We give round one to Tony Moss. It was not even close. We blew it. He kicked our butt with irrefutable logic and opened closed eyes. 

And for that we thank him for continuing to fight the good fight. 



40 comments:

Sir Wilfred said...

Yesterday, during the lightning pause of the Dolphin game, I channel surfed and somehow found Hershel Walker on Fox news, discussing BLM. He said he was not a supporter on Black Lives Matter because it is a Marxist organization, led by those dedicated to the teaching of Marx.
Really, that is what he said.

Anonymous said...

Omg you are gonna go back on what you said 10 min ago? Why so you virtue signal? Pathetic. Black athletes are doing almost nothing. Other than jaylen brown and haslem i dont see them out the street. Oh yea they didnt want to cancel the playoffs in bball because "this way we have more of a voice." Total bs. They didnt cancel because they were gonna lose money. If they really cared theyd cancel and lebron kd Kawhi everybody would be arm in arm in the streets. But no..they put words on the jerseys. Wow almost as pathetic as rump totally bowing to the woke

Anonymous said...

While on the subject of racial justice and unjust prosecutions and the criminal justice system, your readers might want to check this out. https://www.facebook.com/watch/?v=2619828498347750&extid=J7EZC9hxRbjaaO4h. One of the most outrageous prosecutorial abuses ever. And there is a documentary on the way.

Anonymous said...

Well-done Rumpole, well-done indeed.

And thanks to Tony Moss.

Anonymous said...

Bravo Rumple. It's never easy to admit when you're wrong, and it's admirable to do so as loudly and openly as you have done so now. Bravo.

I'd also like to point out (maybe someone else did in previous comments, I wasn't paying attention), that the national anthem ceremonies put on by the NFL are bought and paid for by the government. "In the past few years, the Pentagon spent $6.8 million to pay for patriotic displays during the games of professional sports teams." https://www.npr.org/sections/thetwo-way/2015/11/05/454834662/pentagon-paid-sports-teams-millions-for-paid-patriotism-events. I understand that after this became publicly known that the NFL gave back about $750k - seemingly a fraction of what was paid out.

Rumpole said...

Yes I already said in a previous post the government was paying for those patriotic displays which makes us sick. Total hypocrisy. No one cared for the real vets returning from war damaged. Thanks for posting that comment.

Anonymous said...

Where are the solutions? All this talk and protesting. How about all these multimillionaire athletes prove that BLM to them by advocating and financing the following: reading tutors for elementary school students, truancy officers, mandatory participation in the lives of your children. Black on black crime is whose fault? When 30 people are shot every weekend in Chicago alone where is the outrage by the BLM leaders? What do you think Tony Moss? If our society stopped allowing 1.4 million children per year from quitting school maybe crime would go down. Ya think?

Anonymous said...

Obama gave a speech and mentioned Trump. The crowd booed.

He simply said, "Dont boo. Vote." Truer words have never been spoken.

You can kneel during the anthem, protest, cancel games, wear a jersey with names on them. Doesn't mean jackshit. Unless you vote, it means nothing. In 2008, black voter turnout was just below white turnout. In 2012, it was higher. In 2016, it was down over 6%. That 6% turnout decrease gave us Trump. No calculator needed.

I'm an old white guy who stresses that black voters wont turn out again and give us another four years of Trump. Pretty sad.

Stop screaming Black Lives Matter. Show them Black Votes Matter.

Anonymous said...

Nothing like Jewish guilt and on Rosh Hashanna as well.

Anonymous said...

Once after finishing depos as a young ASA with H.T Smith he asked if I knew why there were to sets of bathrooms and water fountains in the Justice Building. I ignorantly said to accommodate the crowds and he explained otherwise. Blew my mind that only a few decades before Mr. Smith-who I admired greatly- and I would have been prevented from going to the same restroom. Blew my mind even more that this apparently subtle remnant of racial division remained in the courthouse.

Anonymous said...

This is something I have too rarely seen on social media--rethinking rather then retrenching when faced with criticism. Respect to both of you.

the trialmaster said...

I have never seen 2 sets of bathrooms on floors 2,3 and 4. If there are 2, one has been hidden. The one set I have used for over 40 years is the aisle just north of the elevators. Can't speak to the water fountains as I have always avoided those at all costs.....

Anonymous said...

Rumpole- your use of the n-word is out of bounds. You need to redact.

I scooped the Captain said...

The Judicial Nominating Commission for the Eleventh Judicial Circuit has nominated the following individuals for appointment to the Miami-Dade Circuit Court for the vacancy resulting from the elevation of Circuit Court Judge Alexander Bokor to the Third District Court of Appeal:

Karl Brown
Victoria Ferrer
Ayana Harris
Thomas Rebull
Melissa Visconti
Diana Vizcaino

Anonymous said...

Please take down the n word.

Rumpole said...

No there are times to use that hateful word to prove a point. When I was a child adults used that word to attack Ali and to me it only made him stronger. And then his statement- his own words were why would he go to Vietnam to kill people who never called him that horrible word when Americans- the people he was being asked to fight for were calling him that.

I did not use the word lightly but I used it to prove a point about the horrible impact of racism especially during the time I was young. I debated it and decided the use was appropriate

the trialmaster said...

Will Rebull Rebound? Based upon the way he treated the pro se daughter, he should be forced to go back to private practice....if he can get hired by a law firm. Re the so-called N word, why is it so forbidden in that the black rappers use it all the time in their raps. Rump used it appropriately.

Anonymous said...

Assuming Rumpole is a white man, he can never use that word appropriately.

CAPTAIN JUSTICE said...


THE CAPTAIN REPORTS:

SEGREGATED DRINKING FOUNTAINS. (go to page 13 of 16 of this pdf)

https://www.miamidade.gov/planning/library/memos/ob1-dade-county-courthouse.pdf

I recall attending a ceremony at the Dade County Courthouse just over a decade ago where they had placed a plaque over the still existing "COLORED ONLY" WATER FOUNTAIN that was across from the WHITE WATER FOUNTAIN located on the 6th floor of the courthouse.

Had not heard of that existing (or separate bathrooms for that matter) at the MJB/GJB but I wouldn't be surprised if that was the case.

Cap Out .......


Anonymous said...

I see at least 3 more than deserving candidates on the list for appointment. None of them is Thomas Rebull. I believe in the governor to make a proper appointment irrespective of the many comments made berating the governor on previous posts.

Anonymous said...

If only our idiot president could admit when he was wrong ... oh yeah, he has never been wrong. And he gave himself an A+ on his handling of the corona virus.

Rumpole said...

4:24 I cannot quote Ali as to exactly what he said when it had such an impact on me and many others? The harsh light of truth needs to be shined on the darkness of hate. But repeating their ugly words we take their power away from them and we neutralize their ability to hurt.

Anonymous said...

Someone white just cant wait to use the n word just to “prove a point”. Just itching. “I remember when people called you all niggers, ‘member that?”

Very curious.

Anonymous said...

Rumpole- you used the word twice. Correct yourself.

Anonymous said...

So only blacks can use the "N" word and it is forbidden for the rest? That is absurd. It should be off the table for all. If not, its on the table for all.....

Anonymous said...

For the millennial: Saying "N Word" is like saying "He Who Shall Not be Named." Be braver. "Nigger" is an ugly word and we shouldn't throw it around willy-nilly. But context is important. There is nothing wrong with Rumpole's use of the word and we should not be afraid of it.

Sir Wilfred said...

I remember the Two sets of bathrooms. Larger set on the west side of the elevators, smaller set on the east side, originally for" coloreds". About 20-25 years ago maintenance expanded the west side bathrooms and closed the east side bathrooms. I also remember the signs on buses stating " Coloreds to the back of the bus"

Anonymous said...

Careful, Mr. Rumpole. The historical documentary quotation excuse about how you need "to prove a point about the horrible impact of racism" has lost currency and lawyers and actual academics have gotten in some trouble lately. Luckily you are anonymous for now.

https://reason.com/2020/09/03/tenured-professor-fired-for-accurately-quoting-leading-campus-speech-code-case/

https://reason.com/2016/05/18/professor-run-out-of-classroom-for-offen/

https://reason.com/2019/02/11/professor-at-augsburg-university-minneso/

https://reason.com/2020/03/31/wake-forest-dean-apologizes-for-constitutional-law-professors-quoting-the-word-nigger-from-a-leading-supreme-court-case/

https://reason.com/2020/04/14/ucla-law-dean-apologizes-for-my-having-accurately-quoted-the-word-nigger-in-discussing-a-case/

Anonymous said...

Just say it! Take 2 minutes to watch this clip from the Good Fight: https://www.youtube.com/watch?v=S4pSp3Km6Mw

Anonymous said...

How many times was the N word said in the movie Any Given Sunday?

Anonymous said...

The use of the n word by white people is offensive to black people. You eventually came to realize that misogynist comments by male readers had a tendency to offend female readers. If for no other reason, please don't use the n word in your blog posts. It tends to offend your black readers. And there are other reasons. I'm certainly not your only white reader who was offended by your use of the word. And it sets a poor example for young white lawyers who read your blog and look up to you.

I have a brother who for years used the word "Negro" because he insisted it was more accurate than "black" or "African American." He had zero sensibility for how others might feel in response to what he knew to be a provocative word choice. Lots of ego, little empathy. That's not you.

Certainly you can, as you have, defend your word choice. But you knew when you used it that it would be provocative at best, offensive at worst. It was a shame, because it undermined the spirit of your otherwise wonderful post.

the trialmaster said...

As a young boy I would ride the bus to the old bus station in the Gables that is now long gone and Ruth Cris occupies that space to attend movies at the Gables, the Coral and the Miracle theaters. The bus had the words "colored seat from rear". I naively thought that meant that the colored would not be in the last seat, but the row before the last seat. Those were different times for sure.

Kissimmee Kid said...

Dear Tuesday, September 22, 2020 4:07:00 AM;

You contend that there are words that effect different races differently. This is a troubling view. If the effect to a word differs between races; that the word “booger” when used by Turks is fine, but when a Greek says “booger” it so infuriates a Turk that he bursts into violence; then aren’t you living in a world where one race is superior, and the other inferior? Of course you are.

This is the argument of white supremacy. Here’s how it goes:
“There are no words that a black man cannot say to a white man. What ever words are said to us, roll off like water from a duck’s back, nothing you can say can hurt us, we are the top of the heap. Blacks however, are weak. They cannot stand up to words. We have a slew of insults that we can cast out that will drive them crazy, deprive them of the gift of reason, and automatically drive them from society. Blacks can’t take it when we use certain words because they are weak and inferior.”

The idea that a white man cannot quote Mohamad Ali accurately is founded in the idea that one race is superior and another, inferior. This notion, which is a core belief of Trump’s base, is one that moral folks should reject. The moral position, should I say, “christian” position, is that the notion of racial superiority should be finally, and permanently, discredited and abandoned.

There are words that are vulgar, and should not be used in polite society. Sex and excrement are not proper topics for civilized people to discuss in public. Deliberate offense to other’s religious beliefs, profane invocation of a deity, or insults to specific faiths is not the kind of speech a cultured fork would engage in. But the reasons civilized people restrict their speech is tolerance and compassion, not race. There are no words that one race can use that other’s cannot.

In sum, if I want a table dance, I will ask for it with any words I choose to use.

Rumpole said...

9:22 you are a longtime and careful reader. Let me explain- I use the word Nazi to describe the holocaust. I agree with you the N word is perhaps the most ugly word in the English language. I used it to prove a point. When the adults I respected as a child called Ali the N word it was like I was being slapped in the face with hate. When Ali responded that he was not going to kill Vietnamese because no one from Vietnam ever called him that word it resonated with me.
You have never seen that word on this blog. I intentionally used it to make a point. That it was so nasty and offensive that it moved me to understand (in a limited way) the pain of my black friends that I was growing up with and a little of the racism they lived with.

I've said the word outloud a very limited number of times. Once to a cracker racist who wondered out loud what I was doing with a female who was African American. He used the N word and I responded that the N word he just used was my wife (she wasn't but I was making a stand) and that if he said it again we would have a problem that I was happy to settle very simply. When I repeated his hateful word I yelled it as to throw it in his face. People looked. Confronted, like a true bully, he backed down and skulked away. The woman who was just a friend hugged and kissed me in tears.
My point is that you can use a hateful word to prove a point (the way I did) or to embarrass a racist.
Lets say you were Jewish and some asshole muttered you were a dirty kike. I would suggest repeating the phrase as loudly as possible to bring all the attention in the world on the moron who muttered it.

Anyway I understand your point and I thing you were due an explanation. We agree its an awful and hateful word. We differ as to whether anyone can use it. One more example- perhaps the best stand up comic was Richard Pryor. He used it frequently. He was a genius but I never approved or laughed at those parts of his routines. I grew up in a world of racism in America. I am very sensitive to racism in all forms.

Anonymous said...

The "Any Given Sunday" defense is perhaps the worst take ever. Go away.

Anonymous said...

True white privilege. Who are you to "approve" of Pryor's comedy? And obviously you're not "sensitive" to racism. Otherwise you would've wrote "n---."

Anonymous said...

Richard Pryor also went to Africa, and upon his return publicly vowed not to use the word in comedy again, and I believe he followed through on it.

Anonymous said...

Dear simpleton at 101. The point being that blacks call each other the N word all the time. Go play pick up basketball at any park in Miami. A violent angry word. And blacks kill each other by the thousands every year. You tell me to go away because you are an intellectual coward afraid of someone who can support an argument with facts and examples.

Anonymous said...

"One more example- perhaps the best stand up comic was Richard Pryor. He used it frequently. He was a genius but I never approved or laughed at those parts of his routines. I grew up in a world of racism in America. I am very sensitive to racism in all forms."

You are not Richard Pyror.
And you are (almost certainly) not black.

By your own admission, you are person rich enough to travel and live abroad and you choose to represent mostly wealthy clients. Are you one of those resentful white people complaining that you can't use the good old n-word while all those black comedians and rappers get away with it?

Anonymous said...

Rumpole you are so noble, brilliant, multi-talented, and simply not recognized by mortal men and women for your true worth.