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1091
THE EARLY HISTORY OF THE BLACK
LIVES MATTER MOVEMENT, AND THE
IMPLICATIONS THEREOF
Garrett Chase*
INTRODUCTION
From quarterbacks to hashtags, from mall demonstrations to community
vigils, and from the streets of New York to the courts of Texas, the Black Lives
Matter movement undisputedly has made its mark on America’s consciousness.
But what is this “movement”? Where did it come from? Does Black Lives Mat-
ter stand for civil rights, or human rights? What are the movement’s goals?
What are its motivations? With the onslaught of media attention given to Black
Lives Matter, I found the magnitude of these questions troubling. Black Lives
Matter has garnered widespread awareness; yet, many know almost nothing
about its origins. Black Lives Matter’s ultimate place in the historical narrative
of our time is uncertain. Part viral social phenomenon, part civil rights move-
ment, Black Lives Matter draws on common themes from previous civil rights
movements, but is a marked departure from previous chapters of the centuries-
long struggle for Black freedom and equality in America.
As a matter of clarification, and with all due respect to those who were re-
sponsible for the inception of the Black Lives Matter (“BLM”) movement, this
Note addresses Black Lives Matter in the context of America’s history of civil
rights movements. In an article for Time Magazine, one of the originators of the
movement, Opal Tometi, specified that the aspirations of the movement go be-
yond civil rights and that the movement characterizes itself as a human rights
movement for “the full recognition of [Blacks’] rights as citizens; and it is a
battle for full civil, social, political, legal, economic and cultural rights as en-
* Associate Attorney at Shumway Van and William S. Boyd School of Law Alumnus, Class
of 2017. I would like to thank Professor David Tanenhaus for his feedback, guidance, and
help with writing this Note. I would also like to thank my wife, Tricia, and my children, Da-
vid, Jordan, Logan, and Addison for supporting and putting up with me while I researched
and wrote this article. I want to thank my mom, Ginny Watts, for taking the time to read this
and give me feedback and encouragement, as well as my dad, Ron Chase, and my brother,
Corey Chase, for encouraging me along the way. And finally, I would like to thank the Ne-
vada Law Journal staff for the opportunity and help with publishing this Note.
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1092 NEVADA LAW JOURNAL [Vol. 18:1091
shrined in the United Nations Universal Declaration of Human Rights.”
1
How-
ever, this Note focuses on BLM’s role in the history of American civil rights
movements because of its focus on race, particularly (as the name implies) on
the equal treatment of Black people.
2
This Note explores the early history of the Black Lives Matter movement,
in an effort to craft a historical narrative of the movement, within the context of
America’s history of racial inequality. Parts I–III examine the catalyst that
sparked the creation of the Black Lives Matter movement, the very beginning
of the movement and its founders’ diverse backgrounds, and the early, gradual
development of Black Lives Matter from a simple phrase, into a civil rights
movement. Throughout, the Note will illustrate the national consensus that has
driven Black Lives Matter from the beginning and compare and contrast the
movement, in its early stages, to other civil rights movements from American
history. Finally, Parts IV–V will analyze some of the issues and implications
that have become evident in the early history of the movement. This Note’s ul-
timate goal is to present a clear notion of what Black Lives Matter really
means, and what ideals drive it as a movement.
I. THE CATALYST: TRAYVON MARTIN AND GEORGE ZIMMERMAN
A. The Killing of Trayvon Martin
BLM began as a response to a court case—much like the direct-action
campaign that followed Brown v. Board of Education, and other civil rights
movements throughout American history
3
—specifically, the verdict in State of
Florida v. George Michael Zimmerman.
4
George Zimmerman’s killing of
Trayvon Martin and the jury’s verdict in Zimmerman’s criminal trial sparked
outrage among many and brought light to what would become a disturbing
trend . . .
On February 26, 2012, George Zimmerman, a local resident and member
of the neighborhood watch shot Trayvon Martin, a seventeen-year-old African
American man who was visiting his father in Sanford, Florida,
5
to death.
6
Be-
fore the shooting, Zimmerman called 911 to report a suspicious person—
1
Opal Tometi & Gerald Lenoir, Black Lives Matter Is Not a Civil Rights Movement, TIME
(Dec. 10, 2015), http://time.com/4144655/international-human-rights-day-black-lives-matter
[https://perma.cc/BP4W-Q7ZS].
2
Id.
3
See generally MICHAEL J. KLARMAN, FROM JIM CROW TO CIVIL RIGHTS: THE SUPREME
COURT AND THE STRUGGLE FOR RACIAL EQUALITY (2004).
4
State v. Zimmerman, No. 12-CF-1083-A (Fla. Cir. Ct. July 13, 2013).
5
Trayvon Martin Shooting Fast Facts, CNN (Feb. 8, 2018, 12:05 PM),
http://www.cnn.com/2013/06/05/us/trayvon-martin-shooting-fast-facts [https://perma.cc/3C
VV-BZR5].
6
Id.
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Martin.
7
Despite the 911 operator instructing him to stay in his vehicle, Zim-
merman confronted Martin.
8
What followed would become the centerpiece of a
media frenzy for the next year and a half. Recordings from the 911 call painted
a vague, yet disturbing picture of the confrontation between Zimmerman and
Martin.
9
A cry for help, and the gunshot that followed, were the only evidence
of what happened between the two.
10
On March 19, 2012, the Justice Department and FBI announced the launch
of an investigation into Martin’s death.
11
A petition on Change.org calling for
the arrest of Zimmerman surpassed 1.3 million signatures three days later.
12
The next day, less than one month after Martin’s death, President Obama made
a public statement regarding the shooting, saying that the incident required
“soul-searching.”
13
On March 26, 2012, one month after Martin’s death, rallies
were held across the country.
14
Finally, on April 11, 2012, Zimmerman was
formally charged with second-degree murder.
15
B. The Trial of George Zimmerman
The media attention building up to George Zimmerman’s trial raised ten-
sions even further. At the end of April, Zimmerman entered a written plea of
not guilty to the charge of second-degree murder.
16
In July, Zimmerman fought
to get the Judge to recuse himself for making disparaging remarks during the
bail order, and also made a television appearance on Fox News in which Zim-
merman said that he would not have done anything differently during the inci-
dent.
17
In December, Zimmerman sued NBC Universal for allegedly editing the
911 recordings to make Zimmerman appear to be racist.
18
In February of 2013,
the Justice for Trayvon Martin Foundation held a “Day of Remembrance
Community Peace Walk and Forum” in Miami.
19
The trial finally began on June 24, 2013.
20
Inside the courtroom, the dis-
cussion focused on whether Zimmerman’s actions constituted self-defense.
21
Outside, the nation watched with a sense of urgency because the discussion in-
7
Id.
8
Id.
9
Id.
10
Id.
11
Id.
12
Id.
13
Id.
14
Id.
15
Id.
16
Id.
17
Id.
18
Id.
19
Id.
20
Id.
21
Id.
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volved racial violence. News outlets focused on Zimmerman and the allega-
tions of racism, on Martin’s family, and on the community at large.
22
Finally,
on July 13, 2013, after deliberating for more than sixteen hours, the jury re-
turned its verdict: George Zimmerman was not guilty.
23
C. Responses to the Verdict
The jury’s verdict may have been not guilty, but to many outside the court-
room, George Zimmerman’s acquittal was a miscarriage of justice. The verdict
was not only the topic in newspapers, television programs, and tabloids; it was
also the topic of intense social media discussion. One person in particular, Ali-
cia Garza, saw this as a defining moment for her generation.
24
Garza recalled in
an interview, “ ‘It was as if we had all been punched in the gut.’ ”
25
Garza was
further perturbed by the response to the verdict that she saw on social media.
26
She saw many people justifying and excusing Zimmerman’s actions.
27
In par-
ticular, Garza was upset with what she deemed “the mainstream respectability
narrative,” which looked to Martin’s family, personal life, and behavior, as the
reason for his death.
28
This racial rationalization for what Garza, as well as
many others, saw as the murder of a black child, represented a much more dev-
astating feeling of racially-rooted hopelessness in the American justice sys-
tem.
29
Garza’s feelings were echoed around the country by others who would
eventually call for social reform.
30
At a vigil held for Trayvon Martin in New
York on July 21, 2013, just over one week after the verdict was released, peo-
ple came from all over the country to show their discontent with what had hap-
pened.
31
In various interviews, people referred to the jury verdict as “an abomi-
nation,” and remarked that they “weren’t surprised but were very, very
22
See, e.g., Jelani Cobb, Zimmerman, Everyman, NEW YORKER (July 10, 2013),
https://www.newyorker.com/news/news-desk/zimmerman-everyman
[https://perma.cc/4BNC-WEEP].
23
See Trayvon Martin Shooting Fast Facts, supra note 5.
24
Jessica Guynn, Meet the Woman Who Coined #BlackLivesMatter, USA TODAY (Mar. 4,
2015, 4:16 PM), http://www.usatoday.com/story/tech/2015/03/04/alicia-garza-black-lives-
matter/24341593 [https://perma.cc/2JRT-PLFW].
25
Id.
26
Alicia Garza & L.A. Kauffman, A Love Note to Our Folks, N+1 (Jan. 20, 2015),
https://nplusonemag.com/online-only/online-only/a-love-note-to-our-folks
[https://perma.cc/98MK-5YMB].
27
Id.
28
Id.
29
Id.
30
Alex Gangitano, Five Questions: A Vigil for Trayvon Martin, NEW YORKER (July 21,
2013), http://www.newyorker.com/news/news-desk/five-questions-a-vigil-for-trayvon-mar
tin [https://perma.cc/LGC9-U3GB].
31
Id.
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angry.”
32
One person in particular, Kai M. Green, an activist without direct ties
to the Black Lives Matter movement, captured this feeling.
33
When asked about
his first thought after hearing the verdict, Green commented that he felt the
need to “use this moment to build a movement. . . . It’s about change, it’s about
justice. . . . And it’s about black lives and black bodies, but it’s not just about
black people. It’s about all people. Right? Because injustice anywhere is injus-
tice everywhere.”
34
Matthew Knight, in a July 22, 2013 article in The New
Yorker, echoed these feelings.
35
In his article, Knight reflected on the Zimmer-
man verdict and specifically stated, “[T]he absence of empathy toward black
men from our political, law-enforcement, and judicial systems is nearly beyond
comprehension.”
36
What Green and Knight had articulated was the widespread
feeling that racial inequality in America needed to be addressed, and the time
for doing so had come.
37
D. A Love Letter to Black People
In response to the verdict, Garza began drafting a series of social media
posts, which she called collectively “A Love Letter to Black People.”
38
In her
posts (reproduced below without correction of punctuation, grammar, etc.),
Garza conveyed her disappointment and frustration, stating “stop saying we are
not surprised. that’s a damn shame in itself. I continue to be surprised at how
little Black lives matter.”
39
Garza’s final July 13, 2013 message was concise,
simple, and powerful: “black people. I love you. I love us. Our lives matter.”
40
Garza’s close friend, Patrisse Cullors, saw the post and recognized the signifi-
cance of its message.
41
Cullors then posted on her own Facebook page a mes-
sage that reflected an angrier feeling of discontent, sparked by the verdict,
“declaration: black bodies will no longer be sacrificed for the rest of the
world’s enlightenment. i am done. i am so done. trayvon, you are loved infi-
nitely. #blacklivesmatter.”
42
Two days after the Zimmerman verdict, and Gar-
32
Id.
33
Id.
34
Id.
35
Matthew McKnight, Before and After Trayvon Martin: How Power Flattens Humanity,
NEW YORKER (July 22, 2013), http://www.newyorker.com/news/news-desk/before-and-after-
trayvon-martin-how-power-flattens-humanity [https://perma.cc/F866-KR5G].
36
Id.
37
See supra notes 24–31.
38
Jelani Cobb, The Matter of Black Lives, NEW YORKER (Mar. 14, 2016),
http://www.newyorker.com/magazine/2016/03/14/where-is-black-lives-matter-headed [ht
tps://perma.cc/HU9D-GHEH].
39
Id.
40
Jennings Brown, One Year After Michael Brown: How a Hashtag Changed Social Pro-
test, VOCATIV (Aug. 7, 2015, 5:41PM), http://www.vocativ.com/218365/michael-brown-
and-black-lives-matter [https://perma.cc/QYC4-42TP].
41
Id.
42
Id.
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za’s first post, Cullors posted another message on Facebook.
43
This time, Cul-
lors posted a direct call to action and became the first to characterize Black
Lives Matter as a movement:
Alicia Garza myself, and hopefully more black people than we can imag-
ine are embarking on a project. we are calling it
#BLACKLIVESMATTER
#blacklivesmatter is a movement attempting to visiblize what it means to
be black in this country. Provide hope and inspiration for collective ac-
tion to build collective power to achieve collective transformation. root-
ed in grief and rage but pointed towards vision and dreams.
44
These Facebook messages would be the start of what would eventually
grow into the BLM movement.
45
E. Civil Rights Sentiment
The importance and significance of the early BLM social media posts re-
veal much of why the movement became a center-point of traditional and social
media coverage in America. The combination of love and anger, and the feeling
that racial tensions had reached a breaking point, was shared by people
throughout the nation. In the week following the Zimmerman verdict, many
communities responded by holding public prayers, protests, and other demon-
strations. In Atlanta, more than two thousand people gathered in front of CNN
Center.
46
In Sanford, Florida, where the trial was held, pastors held a prayer
service.
47
In Washington, D.C. demonstrators outside the Justice Department
called for civil rights charges against Zimmerman
48
(though these requests
would ultimately be formally denied in February, 2015).
49
Similar demonstra-
tions took place in Times Square.
50
The Black community particularly echoed
feelings that have reverberated throughout each generation’s civil rights strug-
gle, yet the community lacked a cohesive rallying cry.
The acquittal of George Zimmerman inspired feelings of anger and disillu-
sionment throughout the Black community, which, in turn, inspired action and
activism outside of the courtroom, in much the same way that the Supreme
Court’s decision in Brown v. Board of Education inspired the direct-action
campaign of the early 1960s. Following Brown, many young African Ameri-
43
Id.
44
Id.
45
Id.
46
Michael Pearson et al., Verdict Doesn’t End Debate in Trayvon Martin Death, CNN (July
15, 2013, 9:36PM), http://www.cnn.com/2013/07/15/justice/zimmerman-verdict-protests
[https://perma.cc/YF6W-YWCE].
47
Id.
48
Id.
49
Trayvon Martin Shooting Fast Facts, supra note 5.
50
Pearson et al., supra note 46.
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cans felt that the legal system could not supply the large-scale reform that more
direct, non-legal action could.
51
This feeling led to the sit-ins and large-scale
public demonstrations that are commonly associated with the civil rights
movement in the 1960s.
52
As discussed in greater detail below, these same feel-
ings are inherent in Garza and Cullors’s social media posts, as well as many
others, following the Zimmerman verdict. And, as they did in the 1960s after
Brown, these feelings ultimately inspired the activism outside of the courtroom.
The history of the struggle for black freedom in the United States is punc-
tuated by relative rises and falls in racial tension. The response to the Zimmer-
man verdict came after a relative calm in racial tension, which highlights the
movement’s position in this struggle. The direct-action campaign that lead to
the Civil Rights Act of 1964 and general tension with continued school segre-
gation that dragged into the 1970s was followed by a relative easing of tensions
in the 1980s. In 2013, the Zimmerman verdict drummed up feelings in the civil
rights movement that had lain relatively dormant in previous years, but in no
way, had entirely subsided. Not since the early 1990s had there been such open,
nationwide discussion of the prevalence of racism in America. Notably, the last
times that America was directly confronted with the notions of racially moti-
vated violence and unequal treatment in the courtroom were the Rodney King
police-brutality incident and the O.J. Simpson trial. Interestingly, Garza, in one
interview, explicitly compared the Zimmerman trial with the Simpson trial, to
describe how intently the Black community was watching.
53
The stark contrast
between the facts of these two trials cannot be overstated, and yet, for the Black
community, both cases elicited similar concerns and feelings about the value of
Black life in the American legal system.
During the Simpson trial, the issue of race increasingly polarized the na-
tion.
54
For example, polls at the time indicated that the majority of the Black
community believed that Simpson was innocent and that a racist officer in the
Los Angeles Police Department framed Simpson.
55
The majority of the white
community, on the other hand, believed that Simpson was guilty.
56
In fact,
Simpson’s attorney, Johnnie Cochran, Jr., explicitly drew on the racial over-
tones of the case in his televised closing statement to the jury, in which he im-
51
Christopher W. Schmidt, Divided by Law: The Sit-ins and the Role of the Courts in the
Civil Rights Movement, 33 L. & HIST. REV. 93, 93–102, 112–18 (2015); KLARMAN, supra
note 3, at 428–42.
52
Schmidt, supra note 51, at 93–102, 112–18.
53
Garza & Kauffman, supra note 26.
54
Roger Rosenblatt, A Nation of Pained Hearts, TIME (Oct. 16, 1995),
http://content.time.com/time/subscriber/article/0,33009,983568-1,00.html
[https://perma.cc/33Z6-TJZN].
55
Janell Ross, Two Decades Later, Black and White Americans Finally Agree on O.J. Simp-
son’s Guilt, WASH. POST (Mar. 4, 2016), https://www.washingtonpost.com/news/the-
fix/wp/2015/09/25/black-and-white-americans-can-now-agree-o-j-was-guilty [https://per
ma.cc/SLX6-J9B7].
56
Id.
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plored the jury to right the wrongs of racism in their verdict.
57
The Simpson
case, and the verdict that followed, polarized the nation in 1994 and 1995,
much in the same way the Zimmerman case would in 2013.
In the interim between the early 1990s and 2013, racial tension in America
had relatively calmed. The election of Barack Obama in 2008 seemed to further
move notions of racial inequality towards the back burner.
58
Even in the era of
mass incarceration, it seemed, racial inequality was commonly referenced in
the past tense on the national level.
59
However, this did not mean that the prob-
lem was solved. And with the death of Trayvon Martin, the acquittal of George
Zimmerman, and the instances of violence with racial implications that would
follow, questions of racial inequality in America would dramatically change.
Post-Zimmerman America needed a rallying cry to express its discontent and
communicate the message behind this generation’s civil rights movement.
Black Lives Matter would become that cry.
II. THE START OF THE MOVEMENT
Seeing Garza’s and Cullers’ social media posts, Tometi recognized the po-
tential of “Black Lives Matter,” and suggested creating an online space for the
movement to grow, and for others to join and spread awareness.
60
From there,
Tometi, with input from Garza and Cullors, created various social media pages
on Facebook, Tumblr, and Twitter, where people could share “what they were
doing to build a world where black lives matter.”
61
The women’s involvement
in Black Organizing for Leadership and Dignity, which was also calling for ac-
tion at that time, also influenced this decision.
62
This need for solidarity in the
form of a movement like BLM could also be seen in the numerous nationwide
protests and demonstrations that occurred in the days following the Zimmer-
man verdict. In fact, on July 15, 2013, protestors in Minneapolis, Minnesota
were reported carrying signs that said, “Black Lives Matter” as well as “End
Racism Now.”
63
And while the words “Black Lives Matter” were not yet asso-
57
James Walsh, The Lessons of the Trial, TIME (June 24, 2001),
http://content.time.com/time/magazine/article/0,9171,133250,00.html? [https://perma.cc/V2
JX-JPXP].
58
Nick Bryant, Barack Obama Legacy: Did He Improve US Race Relations?, BBC (Jan. 10,
2017), http://www.bbc.com/news/world-us-canada-38536668 [https://perma.cc/K4B6-VJ
8D].
59
DEVAH PAGER, MARKED: RACE, CRIME, AND FINDING WORK IN AN ERA OF MASS
INCARCERATION 87–88 (2007).
60
Garza & Kauffman, supra note 26.
61
Id.
62
Mychal Denzel Smith, A Q&A with Opal Tometi, Co-Founder of #BlackLivesMatter,
NATION (June 2, 2015), https://www.thenation.com/article/qa-opal-tometi-co-founder-
blacklivesmatter [https://perma.cc/ZEE7-AA4Q].
63
Associated Press, Hundreds in Minneapolis Protest Zimmerman Verdict, BEMIDJI PIONEER
(July 16, 2013, 9:17 AM), http://www.bemidjipioneer.com/content/hundreds-minneapolis-
protest-zimmerman-verdict [https://perma.cc/PG72-SRP7].
18 NEV. L.J. 1089, CHASE - FINAL 5/30/18 2:29 PM
Spring 2018] BLACK LIVES MATTER 1099
ciated with a large-scale civil rights movement, the fact that people were al-
ready using the phrase in connection with civil rights protests indicated the
near-inherent nature of the words “Black Lives Matter” as a rallying cry for
civil rights reform. Within days after the Zimmerman verdict, Garza, Cullors,
and Tometi had created small but powerful cohesion in #BlackLivesMatter as a
means to bring the community, and the nation, together to directly address what
racism meant in the new millennium.
A. Starting the Discussion
Black Lives Matter spread rapidly, using social media and the internet to
facilitate widespread awareness. However, #BlackLivesMatter remained an ar-
ticle of social media.
64
In terms of the Black Lives Matter movement, 2013
generated little in the way of action or reform. However, the issue of racial vio-
lence and inequality had been exposed, and had again become part of the na-
tional conversation. In November of 2013, The Daily Show, hosted by Jon
Stewart, showed a satirical video containing tips on how to avoid racial profil-
ing while shopping, called “Black Friday Profiling.”
65
While the video was pa-
rodic, it shone light on the increasing racial tension in post-Zimmerman Ameri-
ca.
66
By the end of 2013 #BlackLivesMatter had not yet become a civil rights
movement in the traditional sense, despite its frequent social-media presence
and the backlash to the Zimmerman verdict. But #BlackLivesMatter had be-
come a conversation point, more and more frequently seen in social media
posts, as well as occasionally receiving traditional media attention, because it
touched on the growing discontent with racial inequality in the legal system.
And in 2014, America would witness the transition from social media discus-
sion to rallying cry, as Black Lives Matter, the movement, came into existence.
B. Ferguson, Staten Island, and the Disease of Racial Police Violence
On August 9, 2014, Michael Brown, a black teenager, was shot and killed
by a white police officer, Darren Wilson, in Ferguson, Missouri.
67
What fol-
lowed were demonstrations that devolved into full-blown rioting, and which
went on for weeks.
68
The rioting became so intense that Governor Jay Nixon
64
Sara Sidner & Mallory Simon, The Rise of Black Lives Matter: Trying to Break the Cycle
of Violence and Silence, CNN (Dec. 28, 2015, 8:28 AM), http://www.cnn.com/2015/12/28/
us/black-lives-matter-evolution [https://perma.cc/7D9S-MTHS].
65
The Daily Show with Jon Stewart, Black Friday Profiling, COMEDY CENTRAL (Nov. 21,
2013), http://www.cc.com/video-clips/kqm9ge/the-daily-show-with-jon-stewart-black-fri
day-profiling [https://perma.cc/S5YM-D99E].
66
Id.
67
What Happened in Ferguson?, N.Y. TIMES (Aug. 10, 2015), http://www.nytimes.com/
interactive/2014/08/13/us/ferguson-missouri-town-under-siege-after-police-shooting.html
[https://perma.cc/2EX9-U5HM].
68
Id.
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eventually declared a state of emergency and deployed the Missouri National
Guard to deal with the riots.
69
Just weeks before, in Staten Island, New York,
Eric Garner, a forty-three-year-old black man, died after being placed in a
chokehold by a white police officer, while in police custody.
70
With these
deaths, and their aftermath, the issue of racial violence in America reached its
boiling point.
Again, the nation, and particularly the Black community, was horrified by
the violence that had occurred in Staten Island and Ferguson, and the racial un-
dertones that plagued each death.
71
And again, the utter lack of legal conse-
quences for the deaths made them all the more disturbing. On September 16, in
Ferguson, Officer Wilson testified before a St. Louis County grand jury tasked
with deciding whether Wilson should be indicted on criminal charges.
72
On
November 24, the grand jury announced that it would not indict Officer Wilson
in the shooting of Michael Brown.
73
In Staten Island, though continuing inves-
tigations are allegedly being conducted, the only official inquiry was a similar
grand-jury proceeding.
74
In spite of the chokehold being explicitly banned by
police policies, the grand jury found that Officer Pantaleo committed no crime
when he killed Eric Garner.
75
Where the Zimmerman verdict had jump-started
the feelings of racial inequality, and Black Lives Matter with them, the egre-
gious deaths in Ferguson and Staten Island dramatically intensified the tension.
What happened in Ferguson and Staten Island were merely instances of system-
ic, institutionalized racism that had become a way of life in many communities,
without drawing national attention. These deaths brought light to a dark and
disturbing problem in America.
C. Unified by Black Lives Matter
The deaths of Eric Garner and Michael Brown sparked widespread demon-
strations in cities all over the country. Even after the initial rioting in Ferguson
had subsided, demonstrations continued across America.
76
Throughout the
weeks and months that followed, through the fall of 2014, the discussion of po-
69
What Happened in Ferguson?, supra note 67.
70
Medical Examiner Rules Eric Garner’s Death a Homicide, Says He Was Killed by
Chokehold, NBC N.Y. (Aug. 1, 2014), http://www.nbcnewyork.com/news/local/Eric-Garner-
Chokehold-Police-Custody-Cause-of-Death-Staten-Island-Medical-Examiner-
269396151.html [https://perma.cc/7E8J-URZU].
71
Id.
72
Emily Brown, Timeline: Michael Brown Shooting in Ferguson, Mo., USA TODAY (Aug.
10, 2015, 3:47 PM), http://www.usatoday.com/story/news/nation/2014/08/14/michael-
brown-ferguson-missouri-timeline/14051827 [https://perma.cc/MMX9-RTB6].
73
Id.
74
Al Baker et al., Beyond the Chokehold: The Path to Eric Garner’s Death, N.Y. TIMES
(June 13, 2015), http://www.nytimes.com/2015/06/14/nyregion/eric-garner-police-choke
hold-staten-island.html [https://perma.cc/YEG6-JPAV].
75
Id.
76
Brown, supra note 72.
18 NEV. L.J. 1089, CHASE - FINAL 5/30/18 2:29 PM
Spring 2018] BLACK LIVES MATTER 1101
lice violence and racial injustice resonated around the nation in social media
and traditional media outlets, alike.
77
More and more, people were including
#BlackLivesMatter in their personal posts and in publicized discussion.
78
Other
hashtags emerged during this time as well, such as #HandsUpDontShoot, and
Eric Garner’s last words, #ICantBreathe.
79
But none of these phrases fully cap-
tured the heart and complexity of the issue in the same way that “Black Lives
Matter” did.
Just days after Brown’s death, in an interview on CNN, Paul Raushenbush,
author of an article entitled “What White People Can Do about the Killing of
Black Men in America,” commented on what was happening in Ferguson.
80
In
the interview, Raushenbush states, “This is all of our problem. This is the suf-
fering of our brothers and sisters, in Ferguson, in Staten Island . . . And that’s
everybody’s problem. We need to show up, show solidarity and be part of cre-
ating . . . long-term solutions.”
81
When asked about taking action beyond “sit-
ting on a computer with hash tags and tweeting,” Raushenbush conceded “there
is an awareness that comes from social media.”
82
But Raushenbush went on to
quote Reverend Tony Lee, an activist seeking a more direct approach to
fighting “systemic racism,” who called social media discussion “a moment, not
a movement.”
83
Raushenbush concluded the interview by stating, “Black peo-
ple matter. Black bodies matter. Black lives matter.”
84
What Raushenbush and
Reverend Lee were discussing was the same discontent and disillusionment ar-
ticulated by Garza, Cullors, and Tometi in the efforts they had begun a year
earlier: Black Lives Matter.
As previously mentioned, “Black Lives Matter” also began appearing on
signs at demonstrations, and in rallying chants among demonstrators during this
time.
85
In one such demonstration, on August 23, 2014, in New York, demon-
strators were noted as carrying signs that said, “Black Lives Matter” along with
“ ‘Hold Killer Cops Accountable.’ ”
86
When interviewed, one demonstrator
commented “It is not a black and white . . . We are not against the police . . . It
77
Guynn, supra note 24.
78
Id.
79
Id.
80
CNN Newsroom: Interview with Amb. Joe Wilson; Ferguson, Missouri, Described as War
Zone; Robin Williams Had Parkinson’s Disease; Problems in Ferguson, Missouri, Need
Solving by All Americans (CNN television broadcast Aug. 14, 2014),
http://www.cnn.com/TRANSCRIPTS/1408/14/cnr.06.html [https://perma.cc/9VRC-DYF5].
81
Id.
82
Id.
83
Id.
84
Id.
85
Ray Sanchez, Police Chokehold Death Sparks New York Protest March, CNN (Dec. 8,
2014), http://www.cnn.com/2014/08/23/us/new-york-choke-hold-rally/index.html [https://
perma.cc/KLQ2-NPZH].
86
Id.
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1102 NEVADA LAW JOURNAL [Vol. 18:1091
is about wrong. . . . We have to stop this.”
87
These comments and protests
overwhelmingly demonstrated a growing urgency in the need for reform and
solidarity in a movement that could motivate and inspire that reform.
Feelings of shock and distress were not limited to citizens and the media.
Just days after Michael Brown’s death in Ferguson, Missouri, both the Attorney
General, Eric Holder, and President Obama made statements about the death,
and about the tension in Ferguson.
88
While the President’s statement focused on
sympathy for the family, and a call for unity in the community, the Attorney
General announced that a federal inquiry would be launched to supplement the
local investigation.
89
Within a month, the Department of Justice had begun a
full investigation into the patterns and practices of the Ferguson Police De-
partment.
90
Its report was ultimately released on March 4, 2015, and contained
findings that shocked the nation: “This investigation has revealed a pattern or
practice of unlawful conduct within the Ferguson Police Department that vio-
lates the First, Fourth, and Fourteenth Amendments to the United States Consti-
tution, and federal statutory law.”
91
This characterization of an entire police de-
partment reflected the feelings of disillusionment and distress not only of poor,
black citizens, but rather, of the nation at every level. The nation as a whole
was discontented with the systemic racial bias that these events illuminated.
In the wider historical lens, the responses to Staten Island and Ferguson re-
flected similarities between Black Lives Matter in 2014 America, and civil
rights movements of previous American eras. As previously discussed, discon-
tent with the Supreme Court’s inability to enforce the rights conveyed in Brown
contributed to the beginning of the direct-action campaign that eventually lead
to the Civil Rights Act of 1964. Similarly, in 1883, the Supreme Court’s deci-
sion in the Civil Rights Cases sparked widespread rallies and public meetings in
New York, Philadelphia, Pittsburgh, Cleveland, St. Louis, Chicago, Columbus,
Louisville, Birmingham, and communities in Missouri, Connecticut, and Tex-
as.
92
In 2014, once again, the perceived failings of the American legal system
had ignited a movement calling for civil rights reform.
III. BLACK LIVES MATTER BECOMES A MOVEMENT
With the palpable racial tension in the weeks and months following the
events in Ferguson and Staten Island, and the increasingly widespread consen-
87
Id.
88
David Hudson, President Obama Issues a Statement on the Death of Michael Brown,
WHITE HOUSE (Aug. 12, 2014, 5:02 PM), https://www.whitehouse.gov/blog/2014/08/12/
president-obama-issues-statement-death-michael-brown [https://perma.cc/5R4X-M57L].
89
Id.
90
U.S. DEP’T OF JUSTICE CIVIL RIGHTS DIV., INVESTIGATION OF THE FERGUSON POLICE
DEPARTMENT 1 (2015).
91
Id. at 1−6.
92
Marianne L. Engelman Lado, A Question of Justice: African-American Legal Perspectives
on the 1883 Civil Rights Cases, 70 CHI.-KENT L. REV. 1123, 1129−30 (1995).
18 NEV. L.J. 1089, CHASE - FINAL 5/30/18 2:29 PM
Spring 2018] BLACK LIVES MATTER 1103
sus that a cohesive movement was needed to address the racial evils that Amer-
ica was facing, Black Lives Matter was ripe for evolution. In this environment,
the first major demonstrations for which Black Lives Matter took credit oc-
curred. Though Cullors, in a November 22, 2014 interview, referenced in-
volvement of Black Lives Matter in the demonstrations in Ferguson immediate-
ly following Brown’s death,
93
the first major Black Lives Matter
demonstrations began in October of 2014. Demonstrators at an October 13,
2014, St. Louis Rams football game chanted and displayed banners reading,
“Black Lives Matter.”
94
On October 24, 2014, demonstrators identifying them-
selves as Black Lives Matter Boston began the “ ‘Newbury Street Shutdown’ ”
protest in Boston.
95
This event had been orchestrated through a Facebook event
that announced that Black Lives Matter Boston, a local chapter of the move-
ment, was organizing the event “[i]n solidarity with #FergusonOctober and the
Black Lives Matters [sic] Week of Action[.]”
96
Then, on November 28, 2014, Black Friday, a particularly notable demon-
stration took place in Oakland, California.
97
There, Black Lives Matter demon-
strators, all wearing “#BlackLivesMatter” T-shirts, chained, locked, and other-
wise affixed themselves to the Bay Area Rapid Transit (BART) trains and
station platform, in West Oakland.
98
Even the devices that locked the demon-
strators’ arms together displayed the words “BLACK LIVES MATTER.”
99
The
demonstrators called for the indictment of Officer Wilson for Michael Brown’s
death.
100
This demonstration was significant for a number of reasons. First,
those behind Black Lives Matter were directly involved in the planning of the
demonstration as a specific Black Lives Matter movement demonstration.
101
93
Monica J. Casper, Black Life Matters: A Conversation with Patrisse Cullors and Darnell
L. Moore, FEMINIST WIRE (Dec. 1, 2014), http://www.thefeministwire.com/2014/12/black-
lives-matter-black-life-matters-conversation-patrisse-cullors-darnell-l-moore
[https://perma.cc/AL73-Z94T].
94
Travis Waldron, Ferguson Protesters Raise ‘Black Lives Matter’ Banners at Rams Mon-
day Night Football Game, THINK PROGRESS (Oct. 14, 2014, 1:58 PM),
https://thinkprogress.org/ferguson-protesters-raise-black-lives-matter-banners-at-rams-
monday-night-football-game-1530bd87dfc0#.o6v428iy4 [https://perma.cc/6RNL-8K4J].
95
Morgan Rousseau, Black Lives Matter Protest Shuts Down Newbury Street, METRO (Oct.
26, 2014), http://www.metro.us/boston/black-lives-matter-protest-shuts-down-newbury-
streetnbsp/zsJnjz---bXIC1PVzpUVk [https://perma.cc/TW4B-39P5].
96
Id.; Newbury Street Shutdown, FACEBOOK (Oct. 25, 2014),
https://www.facebook.com/events/540613642738823 [https://perma.cc/JE2L-YTGR].
97
Lisa Fernandez & Christie Smith, #Blackout Black Friday Protest Shuts Down BART,
NBC BAY AREA (Nov. 28, 2014, 5:29 PM), http://www.nbcbayarea.com/news/local/Black
out-Black-Friday-Protest-Shuts-Down-BART-284160231.html [https://perma.cc/9HRV-TH
N6].
98
Id.
99
Id.
100
Id.
101
Heather Smith, Meet the BART-Stopping Woman Behind “Black Lives Matter,” GRIST
(Dec. 4, 2014), http://grist.org/politics/stopping-a-bart-train-in-michael-browns-name
[https://perma.cc/BCK8-RW7M].
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Furthermore, Garza, on behalf of Black Lives Matter, intentionally chose the
West Oakland BART station because of its significance to the Black communi-
ty and its significance to the problem of police violence with racial undertones
(one of the first officers convicted of murder in Oakland had killed Oscar Grant
at a BART station).
102
Second, this particular demonstration was significant be-
cause Garza, in addition to orchestrating the demonstration, was present at the
BART station in West Oakland, and took part in the demonstrations.
103
The timing of the Black Friday BART demonstration was also key to its
significance. Aside from the nickname for the day after Thanksgiving, Black
Lives Matter chose Black Friday for its demonstration, in part, because of the
amount of transit that the BART trains facilitate for people shopping on Black
Friday: more than 400,000 people, on average, travel on the BART on Black
Friday.
104
Therefore, shutdown of the West Oakland station would sufficiently
disrupt transit and bring attention to the demonstration. Additionally, the grand
jury decision not to indict Officer Darren Wilson for the shooting of Michael
Brown was announced just four days before the demonstration. These elements
all influenced the strategic decision of the organizers to schedule the BART
demonstration for November 28, 2014, and helped solidify its significance in
the early actions of the Black Lives Matter movement.
105
Shortly after the Black Friday demonstration, on December 20, 2014, be-
tween 1,500 and 3,000 demonstrators filled the rotunda of the Mall of America
in Minneapolis, Minnesota as part of a demonstration organized by Black Lives
Matter Minneapolis.
106
In spite of the peaceful nature of the demonstration,
twenty-five people were arrested for failing to disperse after being warned
about violating the Mall of America’s policy regarding protests.
107
This demon-
stration marked further significance for the Black Lives Matter movement be-
cause it signaled nationwide organization. Black Lives Matter Minneapolis
gained recognition as a local chapter of the movement, and was also credited
with organizing two demonstrations prior to the Mall of America demonstra-
tion.
108
The Mall of America demonstration was also significant because the
circumstances echoed those of demonstrations from the classic civil rights
movement of the 1960s. Black Lives Matter brought together thousands of
people to engage in a peaceful protest, and those demonstrators were willing to
102
Id.
103
Id.
104
BART 2015 Factsheet, BART (2015), https://www.bart.gov/sites/default/files/docs/2015
%20Fact%20Sheet.pdf [https://perma.cc/4ND3-B2DY].
105
Smith, supra note 101.
106
Curtis Gilbert & Brandt Williams, #BlackLivesMatter Protest Fills Mall of America Ro-
tunda; 25 Arrested, MPR NEWS (Dec. 20, 2014, 8:34 PM), https://www.mprnews.org/story/
2014/12/20/moa-blacklivesmatter-protest [https://perma.cc/ZWA7-SHTA].
107
Id.
108
Id.
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Spring 2018] BLACK LIVES MATTER 1105
be arrested in order to convey a unified message.
109
The country had once again
been shocked by the grand jury’s decision to not charge Officer Pantaleo for
the death of Eric Garner, which was announced only one week earlier, and,
once again, Black Lives Matter had answered with protest.
110
The end of 2014 marked the successful and widely acknowledged transi-
tion of Black Lives Matter from a call to action on social media to a nation-
wide, organized civil rights movement.
111
From the early demonstrations in St.
Louis and Boston in October, through the demonstrations in November and
December, Black Lives Matter had established itself as more than just a talking
a point. The movement had grown and developed local chapters in key metro-
politan areas.
112
It was responding to the growing unrest about racial tensions
brought on by the deaths in Ferguson and Staten Island during the summer
months, and the subsequent refusal of legal action against the officers responsi-
ble. In taking these steps, Black Lives Matter overcame its previous status of
viral phenomenon and showed its potential as a significant civil rights move-
ment.
IV. A NEW TYPE OF CIVIL RIGHTS MOVEMENT
Since 2014, the Black Lives Matter movement has consistently maintained
its position in the public eye. Demonstrations, interviews, social media pres-
ence, and frequent discussion in traditional media sources have perpetuated the
movement to the present. However, Black Lives Matter’s self-proclaimed iden-
tity as “ ‘not your grandfather’s civil rights movement’ ” has a wide range of
implications, which can be seen in the movement’s early history, and may be
indications of where the movement is headed in the future.
113
The rapidity of
the movement’s growth, combined with its lack of a major leader figure or fig-
ures, have channeled Black Lives Matter in directions that past civil rights
movements have not taken, and that, for better or worse, seriously impact pub-
lic opinion of the movement.
A. Issues and potential pitfalls
The early years of the movement have revealed certain issues and potential
pitfalls that are inherent in the structuring of BLM. These problems are largely
the result of the “horizontal” approach to leadership, as well as the movement’s
109
Id.
110
J. David Goodman & Al Baker, Wave of Protests After Grand Jury Doesn’t Indict Of-
ficer in Eric Garner Chokehold Case, N.Y. TIMES (Dec. 3, 2014), http://www.nytimes.com/
2014/12/04/nyregion/grand-jury-said-to-bring-no-charges-in-staten-island-chokehold-death-
of-eric-garner.html [https://perma.cc/CK8S-XFNL].
111
Rousseau, supra note 95.
112
Id.; HerStory, BLACK LIVES MATTER, https://blacklivesmatter.com/about/herstory
[https://perma.cc/A2JV-L2HY] (last visited Apr. 22, 2018); Cobb, supra note 38.
113
Cobb, supra note 38.
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foundational ties to social media, and have already created certain issues for the
movement.
114
In particular, the founders have consistently emphasized the im-
portance that the movement remain “decentralized,” in order to keep the
movement alive and adaptive.
115
One issue that has resulted from this structur-
ing is rooted in discontent at the credit given to Garza, Cullors, and Tometi for
founding the movement.
116
Others involved in the movement, like Johnetta El-
zie of St. Louis, feel that BLM should remain grassroots, and that crediting the
movement’s inception detracts from the work and sacrifice contributed by oth-
ers involved.
117
Not only has this issue already resulted in general dissent in dif-
ferent chapters of Black Lives Matter, but it has even led to the cancellation of
events by the founders.
118
The horizontal model, although strongly advocated by Garza and Cullors,
has also resulted in problems with planning demonstrations.
119
For example,
Black Lives Matter members planned a demonstration at an August 11, 2015
Hilary Clinton rally; however, the demonstrators arrived at the rally late and
were denied access.
120
Clinton later granted the demonstrators a private audi-
ence, but this incident has contributed to concerns about the potential for disor-
ganization in future efforts.
121
B. Black Lives Matter in the Courtroom
Unlike civil rights movements from our nation’s past, which placed heavy
emphasis on strategic legal attacks on systemic racism, Black Lives Matter has
yet to incorporate any such legal strategy. This may partially be the result of the
general disillusionment with the American legal system that is a foundational
theme within Black Lives Matter, and its focus on responding to perceived fail-
ings of the legal system to deliver justice after the deaths of Trayvon Martin,
Michael Brown and Eric Garner. Additionally, the absence of initiating legal
actions is not entirely inconsistent with the grassroots or “horizontal” approach
that the founders have often cited as an important aspect of Black Lives Mat-
ter.
122
Yet, the failure to take an assertive approach to battles in the legal arena
has left the movement susceptible to attacks, one of which was launched in July
of 2016.
114
Id.
115
HerStory, supra note 112.
116
Cobb, supra note 38.
117
Id.
118
Id.
119
Id.
120
Dan Merica, Black Lives Matter Videos, Clinton Campaign Reveal Details of Meeting,
CNN (Aug. 18, 2015, 6:06 PM), http://www.cnn.com/2015/08/18/politics/hillary-clinton-
black-lives-matter-meeting [https://perma.cc/RBP5-X5N7].
121
Id.
122
Cobb, supra note 38.
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In Klayman v. Obama, Larry Klayman, a former prosecutor from Florida,
filed a class action lawsuit on behalf of “police officers and other law enforce-
ment persons of all races and ethnicities” for threats of violence and attacks on
police officers.
123
In the amended complaint, filed in September, 2016, Black
Lives Matter was named as a defendant, along with Garza, Cullors, Tometi, and
others that have associations to Black Lives Matter.
124
Other named defendants
included Barack Obama, Hillary Clinton, Eric Holder (the former Attorney
General), the New Black Panthers Party, Reverend Al Sharpton, and the Nation
of Islam.
125
The case is currently pending in the Northern District of Texas, and
many of the parties have filed motions to dismiss on a wide variety of
grounds.
126
But regardless of the outcome, this case signals a stark contrast to
traditional legal battles associated with past civil rights movements. Unlike the
hard-fought civil rights cases from the 1850s through the 1970s, such as the
Dred Scott case,
127
Plessy v. Ferguson,
128
and Brown v. Board of Education,
129
the legal system does not seem to carry the weight that it once did for the Black
Lives Matter movement. At this point, Klayman v. Obama is the one of a small
number of legal actions that Black Lives Matter has been involved in, and simi-
lar to the other cases, the merits of Klayman seemingly have not warranted se-
rious response from any of the defendants.
130
This shift away from legal action
speaks volumes about the priorities of the Black Lives Matter movement, as
well as a shift in attitude about the trustworthiness of the legal system in gen-
eral.
In spite of the general avoidance of legal action by Black Lives Matter, the
movement has also found its way into the courtroom in other ways. In Las Ve-
gas, Nevada and Youngstown, Ohio, criminal defense attorneys have been held
in contempt for wearing Black Lives Matter pins in the courtroom, and refusing
123
Amended Complaint at 4, Pennie v. Obama, 3:16-CV-02010 (N.D. Tex. 2017).
124
Id.
125
Id.
126
Pennie v. Obama, 255 F. Supp. 3d 648, 652 (N.D. Tex. 2017).
127
Scott v. Sandford, 60 U.S. 393 (1857).
128
Plessy v. Ferguson, 163 U.S. 537 (1896).
129
Brown v. Bd. of Educ., 347 U.S. 483 (1954).
130
These cases usually involve very broad legal attacks on BLM based on the conduct of
individual members. See Logan v. Black Lives Matter Org., No. 6:16-2599-TMC-KFM,
2016 U.S. Dist. LEXIS 186561, at *1, *7 (D.S.C. Aug. 30, 2016), reviewed in Civil Action
No. 6:16-2599-TMC, 2017 U.S. Dist. LEXIS 71771, at *2 (D.S.C. May 11, 2017) (involving
allegations of racist remarks by members of BLM); see also Smith v. McKesson, No. 17-
00429-BAJ-RLB, 2017 U.S. Dist. LEXIS 178408, at *12 (M.D. La. Oct. 27, 2017); Doe v.
McKesson, 272 F. Supp. 3d 841, 855 (M.D. La. Sept. 28, 2017). Also, one suit was filed by
an individual, purportedly on behalf of BLM, though it turned out not to be an actual action
on behalf of BLM, nor was it sanctioned or organized by BLM or its founders. Black Lives
Matter v. Trump, No. 3T7-MC-003, 2017 U.S. Dist. LEXIS 197240, at *1 (S.D. Tex. July
19, 2017) (the case information sheet indicated “Black Lives Matter” as the filing party, the
pleadings identified the plaintiff as “Pro Se Plaintiff Slave Negro Louis Charles Hamilton
II”).
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to remove them when instructed to do so by judges.
131
In both cases, the dispute
involved a black, female attorney wearing the pin and a white, male judge or-
dering the pin’s removal in the courtroom.
132
Although these examples should
not be taken to indicate that race played a role in the judge’s decision, in both
instances, the dynamic between the parties calls forth both racial and gender
equality issues. Additionally, the role of black women in both of these cases
speaks, in some respect, to the often under-discussed female influence in Black
Lives Matter. Again, these cases demonstrate further instances of Black Lives
Matter generating unexpected influence and media attention without central-
ized, top-down organization, and without taking strategic action in the legal
arena.
C. The Evolution of the Principles Behind Black Lives Matter
Finally, the movement’s horizontal structuring, as well as its ties to social
media, have resulted in consistently shifting ideals that don’t always accurately
represent the principles the founders intended. With new chapters of the
movement come new perspectives, and, without a figurehead to rally behind,
the media has turned to celebrities, social media figures, and demonstrators for
comments on Black Lives Matter as a whole.
133
As a result, the underlying ide-
als and goals of the movement shift with each interview, as the people claiming
to be voices of the movement often lack an intimate knowledge of the move-
ment’s origins or fundamental principles. The founders of Black Lives Matter
have attempted to address these issues on their website, and in various inter-
views, by stating what the movement means to them, and what ideals they in-
tended to represent with Black Lives Matter.
134
However, oversimplification by
celebrities and other figures that participate in the movement overshadows the-
se principles.
For example, one major element the media often overlooks when discuss-
ing Black Lives Matter is its deeply rooted ties to LGBTQ activism. All three
of the founders have been involved in LGBTQ activist movements, and both
Garza and Cullors are outspoken about their own nonconformity to traditional
131
John Locher, Defense Attorney’s “Black Lives Matter” Pin Sparks Protest in Vegas
Court, CBS NEWS (Sept. 20, 2016), http://www.cbsnews.com/news/defense-attorneys-black-
lives-matter-pin-sparks-protest-in-vegas-court [https://perma.cc/3UWS-E2S2]; Cleve R.
Wootson Jr., This Attorney Wore a Black Lives Matter Pin to Court–and Went to Jail for It,
WASH. POST (July 26, 2016), https://www.washingtonpost.com/news/post-nation/wp/2016/
07/25/this-attorney-wore-a-black-live-matter-pin-to-court-and-went-to-jail-for-it/?utm_te
rm=.c2119b964080 [https://perma.cc/5BE6-F5H7].
132
Locher, supra note 131; Wootson, supra note 131.
133
Lil Wayne Says He Doesn’t Feel Connected to Black Lives Matter Movement, ABC
NEWS (Nov. 1, 2016), http://abcnews.go.com/Nightline/video/lil-wayne-feel-connected-
black-lives-matter-movement-43231555 [https://perma.cc/3BLZ-5AWD].
134
Alicia Garza, A HerStory of the #BlackLivesMatter Movement, FEMINIST WIRE (Oct. 7,
2014), http://www.thefeministwire.com/2014/10/blacklivesmatter-2 [https://perma.cc/NSL5-
CBP7].
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gender norms.
135
Furthermore, in their own words, “Black Lives Matter affirms
the lives of Black queer and trans folks, disabled folks, Black-undocumented
folks, folks with records, women and all Black lives along the gender spec-
trum.”
136
This connection to gender-identity activism is interesting in its own
right. Previous eras of civil rights movements have included similar ties be-
tween civil rights, labor, and gender equality activism.
137
The three founders
also reiterate the importance of their focus on complex gender issues, and the
LGBTQ community in their list of “guiding principles” which are: diversity,
restorative justice, unapologetically black, globalism, black women, collective
value, transgender affirming, black villages, empathy, black families, loving
engagement, intergenerational, and queer affirming.
138
This list, in and of itself,
demonstrates an often-overlooked complexity to Black Lives Matter, and what
its true underlying ideals are—or at least were at the movement’s inception.
The fact that these principles often are not addressed in the media’s coverage of
Black Lives Matter is likely the product of individuals appropriating the
movement’s rallying cry, without first seeking to understand the movement.
But also, a movement that intentionally avoids any centralized leadership will
have this kind of fluctuation and evolution of values over time.
The three founders frequently address the complexity of the movement in
interviews, news articles, and other media outlets. In an interview with The
New Yorker, Garza addressed the LGBTQ aspect of the movement, and the
negative—sometimes hostile—reactions from those who are aware of this as-
pect, by stating that “[Black Lives Matter] is ‘a gay movement masquerading as
a black one.’ ”
139
In this statement, Garza explicitly asserts that one of the fun-
damental aspects of the movement is to challenge the notion that the two are
mutually exclusive.
140
Garza goes on to cite Kimberlé Crenshaw, a race-theory
and legal scholar, as a major influence to the movement, and, in particular,
Crenshaw’s principle of “ ‘intersectionality,’ ” which describes the coexistence
of complex racial, gender, and sexual identities.
141
Later, Garza states that
Black Lives Matter’s purpose is to “ ‘organiz[e] people who are at the bottom’ ”
and directly compares the movement to “ ‘what the labor movement has always
done[.]’ ”
142
Garza draws a parallel between the ideals behind Black Lives Mat-
ter, and the struggle for labor equality, which was a part of both the civil rights
135
Id.
136
Id.
137
See generally KYLE G. VOLK, MORAL MINORITIES AND THE MAKING OF AMERICAN
DEMOCRACY (2014).
138
What We Believe, BLACK LIVES MATTER, https://blacklivesmatter.com/about/what-we-
believe [https://perma.cc/F5DU-E3X2] (last visited Apr. 22, 2018).
139
Cobb, supra note 38.
140
Id.
141
Id.
142
Id.
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1110 NEVADA LAW JOURNAL [Vol. 18:1091
and women’s rights movements.
143
In a similar interview, Tometi specifically
speaks to the importance of the LGBTQ characteristic of the movement, and,
more generally, the issue of gender-based violence in addition to racial vio-
lence.
144
These facets of the movement are foundational to the founders, yet of-
ten are overlooked by news coverage of the movement as a whole.
The founders have also been outspoken about the methodology behind the
organization of the movement, as an important aspect of the identity of Black
Lives Matter. As previously discussed, the founders have consistently empha-
sized the importance of foregoing centralized leadership. In an interview with
CNN, Cullors spoke to the intentionality of this decision, stating that “ ‘[y]ou
can’t kill the movement by killing the leader because there are many,’ ” and that
“ ‘decentralization does not mean disorganization. We are highly orga-
nized.’ ”
145
These statements illustrate the importance of this methodology to
the movement, in spite of the problems that have occurred because of it.
Another important aspect of the organization model of Black Lives Matter
is the universal acceptance policy. The founders have described this as a
“grassroots” approach to activism.
146
Travis Gosa, a social science professor in
Africana studies at Cornell University who has studied Black Lives Matter, di-
rectly contrasted this approach to that employed in the civil rights movement by
saying that “ ‘Unlike the Civil Rights movement’s emphasis on the politics of
respectability, Black Lives Matter has a populist, come-as-you are [sic] vibe
that doesn’t police people’s sexuality, religion, age, race, dress and
speech[.]’ ”
147
The founders of Black Lives Matter have not only embraced the
“of-the-people” style of activism employed by the movement, but have actually
encouraged it through their leadership style and organizing efforts.
148
This is
also seen in the movement’s deep ties to, and use of, social media. And while
giving wide latitude to those who choose to become involved in the movement
has contributed to the success of Black Lives Matter, it has also been a source
of concern for the founders as it has led to misappropriation of what the move-
ment stands for.
149
The founders of Black Lives Matter have attempted to directly counteract
both the misappropriation of the movement, and the potential for shifting ide-
als, by clearly articulating the ideals that they understand the movement to em-
body in both interviews and on their website, and also calling for responsible
appropriation of those ideals. First, the founders, on their website, specifically
address appropriation of Black Lives Matter by requesting “If you adapt Black
143
See generally NANCY MACLEAN, FREEDOM IS NOT ENOUGH: THE OPENING OF THE
AMERICAN WORKPLACE (2008).
144
Smith, supra note 62.
145
Sidner & Simon, supra note 64.
146
Cobb, supra note 38.
147
Guynn, supra note 24.
148
Garza, supra note 134.
149
Id.
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Spring 2018] BLACK LIVES MATTER 1111
Lives Matter, use the opportunity to talk about its inception and political fram-
ing.”
150
The site goes on to state that “[w]hen you adopt the work of queer
women of color, don’t name or recognize it, and promote it as if it has no histo-
ry of its own such actions are problematic.”
151
These comments and others
demonstrate the efforts by Garza, Cullors, and Tometi, to preserve the funda-
mental principles of the movement as it grows and changes.
In the “herstory” section of the movement’s website, the founders also ad-
dress the frequent challenge to the movement which says that “all lives matter.”
Specifically, the founders state that “[w]hen we deploy ‘All Lives Matter’ as to
correct an intervention specifically created to address anti-blackness, we lose
the ways in which the state apparatus has built a program of genocide and re-
pression mostly on the backs of Black people[.]”
152
This notion was also de-
scribed in an interview, in which Garza said, “When we start to say ‘All lives
matter’ we start to represent this post-racial narrative that quite frankly isn’t
true. Of course all lives matter.”
153
On the website, near the end of the “hersto-
ry” section, the founders write: “Not just all lives. Black lives.”
154
This state-
ment in particular calls out notions of color-blindness as a way of marginalizing
the struggle for black freedom through purported inclusion that have been a
source of resistance to civil rights reform since the 1960s.
155
In spite of these
attempts to curtail the shifting of the movement’s fundamental ideals away
from the founders’ initial intents, the structuring of Black Lives Matter creates
an environment in which the principles that drive the movement are constantly
evolving and changing.
CONCLUSION
Black Lives Matter has undoubtedly shaped the way Americans view racial
inequality in the last three years. The movement’s approach to organization,
and its roots in social media, mark Black Lives Matter as a novel chapter in the
centuries-long struggle for Black freedom. However, this approach may create,
and in some cases already has created, issues for the direction that the move-
ment takes. Misappropriation, fracturing of ideals, and other issues may inter-
fere with the movement’s effectiveness in the future.
Black Lives Matter has drawn comparisons to the “Occupy Wall Street” vi-
ral phenomenon, that ballooned from a hashtag into a brief set of demonstra-
tions, then effectively vanished from public awareness.
156
However, in spite of
150
Id.
151
Id.
152
Id.
153
Smith, supra note 101.
154
Garza, supra note 134 (emphasis added).
155
See generally, MACLEAN, supra note 143.
156
Ray Sanchez, Occupy Wall Street: 5 Years Later, CNN (Sept. 16, 2016, 3:50 PM),
http://www.cnn.com/2016/09/16/us/occupy-wall-street-protest-movements/index.html
[https://perma.cc/T3N2-VZ9L].
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issues related to its organizational model, Black Lives Matter has shown, since
its inception, and especially since the fall of 2014, that it is more than a mere
social media fad for this generation. Black Lives Matter has made its mark on
American history and has evolved from the passionate social media posts that
marked its inception to a nationwide civil rights movement. Looking forward,
given the impact that the movement made in its early history, and given the
novel approach to civil rights reform that the movement takes, Black Lives
Matter will likely find its way into future generations’ textbooks as a historical
chapter in this nation’s struggle to achieve racial equality.
