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Messaging And Report Category: Messaging Memo

A Core Narrative for Immigration Messaging

America needs a better way of talking about immigration. The dominant narratives we see circulated over and over do not reflect the values many of us share and are eroding public support for the kinds of policies our communities need. All the while, immigration enforcement, detention, and deportation cost taxpayers billions and lines the pockets of corporate interests. To distract and divide us from true solidarity, negative discourse has opened the door for dangerous and divisive proposals that serve no one beyond a narrow set of anti-immigrant activists. And while polls have shown that these groups don’t represent the public’s views, they do tell a consistent, values-based story that has caught on in public discourse, popular culture, and political dialogue. In other words, they exploit fear rather than actually working towards a future where we all prosper.

We need a new story around immigration, infused with solution stories and values that are meant to connect and liberate us all. We need to reclaim this conversation and infuse it with our solutions, our stories, and most importantly, our values.

General Messaging Guidelines

This flexible, values-based framework provides a foundation for more productive conversations about immigration. It is based on public opinion research, insight from media monitoring and analysis, and the experience of a broad range of immigration advocates, activists, and immigrant themselves. By starting from the following principles, we can move past fear and build towards consistent messaging that resonates and builds power for our communities.

Emphasize Workable Solutions: Americans across the political spectrum are beginning to see the true horrors of our broken immigration system and deportation and enforcement industry. Not only are current policies inhumane and unreasonable, but they also don’t actually build towards permanent solutions for immigrant communities.  Our communications should promote solutions that enable full economic and civic participation, while helping our communities thrive.  Given the difficulty of the national climate, focusing on impactful solutions at the local and regional narrative level is important.

Infuse Messages with Values: Americans are most likely to support policies that welcome immigrants when we connect them to our shared values of opportunity, community, equality, and shared responsibility. “Transactional” arguments about the costs and benefits of immigrants just reinforce the anti-immigrant frame of newcomers as a potential burden.

Stand Together: Anti-immigrant groups are actively working to drive a wedge between immigrants, Black Americans and other communities of color, and low-wage workers. We must rally around the values that we share and our common interests to expand opportunity for everyone—e.g., combining an earned pathway to citizenship with enhanced civil rights enforcement, living wages, and job training for communities experiencing job insecurity. When we unite and embrace immigrants push against the false narratives that blame immigrants for economic inequality and structural problems. Together, our vision of a shared, prosperous future becomes not just possible, but inevitable.

Remind Audiences that Immigrants are a Part of Us: Instead of describing immigrants as outsiders who benefit us, remind audiences that immigrants are and always have been integral to our communities and our nation. (Note that this is different from saying “we’re a nation of immigrants,” which is off-putting for many Black American and Native American audiences).

Understanding the Dominant Narrative

Anti-immigrant spokespeople are consistent in using two dominant themes, regardless of their specific point:

Criminality and Law and Order Narrative

  • There is an inherent criminality to immigrating to the U.S.
  • “What part of ‘illegal’ don’t you understand?”
  • Threat of Terrorism, drugs, and danger
  • Stealing “our” resources and avoiding contributing

Resource Scarcity Narrative

  • Job Competition
  • Health Care Cost and Access
  • Draining Social Services

Building a Message

While our core narrative should remain the same and its themes should weave throughout all of our communications, we can build effective messages for different issues and audiences using The Opportunity Agenda’s signature VPSA (Value, Problem, Solution, and Action) framework:

Value

History shows that we move forward as a country when we welcome new immigrants and work together to improve our communities.

Problem

Our broken immigration system makes legal immigration nearly impossible for many. This allows unscrupulous employers to exploit workers, undermining rights and wages for everyone while reducing tax revenue. Our current system harms both immigrants and American citizens. For immigrant communities, we’ve created a climate of fear and deep unsafety through our enforcement. For all Americans, it diverts money from needed government services while increasing the wealth of private detention center owners.

Solution

We need sensible immigration policies that recognize reality – immigrants are already contributing members of our communities. They are a crucial part of our economic engine and the social fabric of our society. They are part of the future of our country. The obvious solution – and one that most Americans support – is to fix our immigration system so that everyone who lives here can contribute and participate fully and without fear.

Action

Support policies that help our communities welcome immigrants and solve problems together. Call out those that profit from this immigration enforcement effort.

Key Talking Points

The talking points below show how to bring our shared story to life. We know that immigration advocates speak to different communities with unique regional concerns and challenges. What connects us are our common values. Try weaving these themes into your own words and style. This approach helps create a consistent message that resonates with the public while giving you the flexibility to communicate authentically in ways that work for your audience.

Workable Solutions

We must emphasize that we are proposing reasonable and practical solutions that address our community and our nation’s needs. By focusing on what actually works, we can reveal how anti-immigrant activists push harmful policies that divide us and distract from the real challenges we all face together. We can also build power across issues by showing that many of the villains in our fights for justice are the same or aligned.

  • Building border walls or treating immigrants so badly that they’ll somehow “go home” have been tried and failed.
  • Anti-immigrant extremists are preventing a legal immigration system that works and distracting us from addressing our real challenges to education, health care, and employment.

Mutual Aid

  • Given the attack on people who immigrate or settle in the United States, we will need to see the activation of a robust system of aid and resources to protect these community members.
  • Engaging in mutual aid support for immigrant justice helps us build new models of social support and justice. Given the difficulties in the immigration climate currently, this model allows us to flip the script on who can support and uplift these communities.

Local Anti-Immigrant Policies

  • Policies that isolate and divide people fail everyone. We need workable, inclusive policies that serve all residents across our state, even as we continue pushing the federal government to fix our broken immigration system.
  • Our cities and states are havens for our immigrant communities and are best suited to help them both survive and even thrive in this difficult time.

Due Process

  • In America, the punishment should fit the crime. Not allowing judges to consider the circumstances of a case violates this principle and fails to resolve the problem of undocumented immigration. Judges need the freedom to look at the circumstances of each individual case and make decisions based on what’s best for that situation. These systems only have integrity when they are applied equitably and fairly.

Immigration Reform

  • We need a realistic pathway to citizenship for undocumented immigrants. Immigrants want to come to America legally, but our current system makes that almost impossible. This system is impossible for a reason – intentionally leaving millions of people in limbo as our government hoards resources and divides communities across the country.
  • Creating a clear path to citizenship and protecting the rights of all immigrants helps everyone in America, especially working families. When people are forced to live in the shadows without basic rights or opportunities, it drives down wages and jobs for all workers. This goes against what America stands for. By bringing everyone into our shared economy, we can rise together.

Uphold Our Values

Research shows that people react positively to messages that connect with their deeply-held values – especially those they see as fundamental to America. We can tap into this by underscoring that all immigration policies must reflect:

Community

Equality

Shared Responsibility

Opportunity

Justice

Human Rights

  • Immigrants are part of the fabric of our society—they are our neighbors, coworkers, friends. Reactionary policies that force them into the shadows haven’t worked and contradict our values. Those policies hurt all of us by encouraging exploitation by unscrupulous employers and landlords.  We support policies that help immigrants contribute and participate fully in our society.
  • From its founding to today, America represents a promise of opportunity. We need an immigration system that welcomes those who come here ready to work hard, contribute their fair share, and become part of our shared American story.
  • Every person deserves dignity and fundamental rights, regardless of where they were born. Standing against exploitation and upholding human rights reflects our deepest values as Americans.

Due Process

  • Due process, fair hearings, and access to legal representation are cornerstone American values. These principles have guided our justice system since our founding and must remain at the heart of our immigration policies. These systems only have integrity when they are applied equitably and fairly. 

Raids

  • Militarized raids on families and workplaces, brutal detention facilities, and the lack of due process are un-American and a national shame. The United States was founded to reject violence and repression, not repeat it. This enforcement is coming at the expense of American taxpayers – all to help line the pockets of private prison companies and government contractors. 

Family Reunification

  • Some propose that we ignore family ties in our immigration system. But keeping families together resonates deeply across political and cultural divides—it’s a value Americans recognize in ourselves and admire in others. Welcoming newcomers but separating and splitting their families is contrary to who we are as a nation.

Help Us Move Forward Together

Our shared value of community reminds us that America thrives when we recognize our interconnectedness. When discussing people who immigrate, emphasizing our common bonds creates ground for productive conversations, putting others in an open frame of mind to consider immigration policies. Additionally, having trusted messengers share the ways that their immigrant neighbors keep their communities thriving is key.

By highlighting how shared prosperity benefits everyone, we can move beyond divisive rhetoric toward solutions that honor both our diversity and our unity. Remember: focusing on our collective strength doesn’t minimize our differences—it acknowledges that our varied perspectives and experiences create a more resilient and innovative society when we work together.

  • We are for solutions that benefit communities, strengthen our economy, and create a system that works for everyone.
  • We need shared solutions to improve health care, education, jobs, and the economy for everyone who lives here. Immigrants have a stake in those systems—we are caregivers and health professionals, teachers and students—and we are a part of the solution.
  • Generations of immigrants have come to America in search of opportunity and have contributed to our shared prosperity. Preserving that tradition is essential to our future in an increasingly connected world.
  • Immigrants, including undocumented immigrants, are a part of our state’s economic engine, and, most importantly, a part of our communities.
  • Immigrants play a vital role in our communities, our culture, and our economy. We go to church, we volunteer with the PTA, we pay taxes and work at hard jobs that our economy needs.
  • Our economy and our trade and immigration policies aren’t working for anyone but a select few. Instead of scapegoating immigrants and terrorizing families and communities, we should make America work for all of us.

Mix and Match

To effectively advance a positive narrative about immigrants and immigration, we can determine which elements are the most effective to the point we need to make and then weave them in. It’s the cumulative effect of these messages that will ultimately create the narrative we need to start to put the immigration story back on track.

Crafting effective immigration messaging requires strategic selection from our narrative framework. By identifying which elements resonate most powerfully with specific audiences and contexts, we can tailor communications that advance our broader goals. Each message becomes a building block—contributing to a cohesive story that, through repetition, helps reshape public understanding. This layered approach creates momentum over time. As consistent themes echo across different channels and messengers, they reinforce one another, gradually shifting the immigration conversation toward more productive and humane ground. Remember that narrative change is cumulative—each communication adds another thread to the new tapestry we’re weaving about America’s immigration story.

  • We need to move from our broken immigration system to one that is orderly, workable, and productive. We can do that by allowing people who are part of our communities and families earn a pathway to citizenship. Along with reforms like increased civil rights enforcement and sanctions for employers that exploit workers will raise wages and expand economic opportunity for everyone.
  • A pathway to citizenship and human rights for current and future immigrants is crucial to the interests of our country and, especially, to the interests of working Americans. If our government keeps people in the shadows, without rights or a shot at the American Dream, it will depress the wages and job prospects of all workers in this country. And it will continue to violate the values we hold dear. But if we move those people into the economic mainstream, we can rise together.

Quick Tips for Talking Immigration Issues

The immigration experience, one of moving from a familiar home to an uncertain future, takes incredible courage. While attacks on immigrants are dispiriting, to say the least, they can’t defeat that hope and search for opportunity. America has grown stronger because of newcomers who bring fresh ideas, valuable skills, and rich cultural traditions. Our country works best when everyone can participate and contribute, regardless of where they we born. We must continue to connect to these core values and protect them against those seeking to exclude and divide.

Here are five quick tips for talking about immigration in the face of attacks. These approaches will help you tell a hopeful story that looks toward a future over fear and celebrates opportunity for all.

  1. Start with shared values. Talk about the America we all want to live in. Say things like: “This is about treating people with dignity and giving everyone a fair chance—values that make America special.” Before jumping into policy details, connect immigration to values most people share. When we start with what matters to all of us, people are more open to hearing us out and ready to listen to specific ideas. Also, talk about values outside of immigration – this will allow you to explain how the exploitation of people who immigrate is related to a range of issues and values we all care about.
  2. Focus on common sense solutions. Recent executive orders and proposed legislation reflect backwards thinking and won’t serve us in the future. Emphasize that we need practical approaches that work for today’s world, not angry rhetoric that divides us. Try saying: “Instead of harsh policies based on fear, we need smart solutions that strengthen our communities and economy rather than enriching a select few billionaires.”
  3. Show how these issues affect everyone. Immigration isn’t just an issue for immigrants—it impacts all our communities. Explain how unfair policies hurt everyone by saying: “When our neighbors live in fear, it makes our whole community less safe and less prosperous. Standing up for fair treatment benefits us all.”
  4. Tell an affirmative story. Too much focus on correcting wrong information can just reinforce it in audiences’ minds. Instead of spending time correcting myths or misinformation, focus on sharing accurate, positive information. For example: “Immigrants start businesses at higher rates than people born here, creating jobs in our communities.” It also helps to have trusted community members share how they’ve built lives and communities with their immigrant neighbors.
  5. Highlight how everyone’s participation makes us stronger. We all thrive when everyone can fully contribute and participate, gearing up our economic engine and moving us all forward together. Try saying: “When everyone has the chance to work, start businesses, and participate in community life, we all benefit from new ideas and stronger local economies.”

Talking About Immigrants and the Criminal Justice System

When discussing how our criminal justice system treats immigrants, the words we choose and the frameworks we use can make the difference between meaningful dialogue and unproductive debate. In today’s polarized climate, advocates need practical, values-based communication strategies that bridge divides rather than widen them. This guide offers five essential tips for discussing immigration justice issues, along with ready-to-use sample messaging that connects deeply held American values with practical solutions. Whether you’re speaking with policymakers, community members, or the media, these approaches can help you make a compelling case for a system that upholds both accountability and human dignity—one that truly reflects our nation’s highest ideals while creating safer communities for everyone.

Tips

  1. Talk about the values that should guide our criminal justice system. Start by talking about what most Americans believe in: equal treatment under the law, keeping communities safe, and using common sense approaches that match our values. When we begin with these shared beliefs, people are more likely to listen.
  2. Outline how current policies are failing us. Vague criticisms like “the system is broken” can make problems seem insurmountable. Therefore, be specific in which policies need to change and who needs to change them. For example: “When local police are forced to act as immigration agents, it makes immigrant communities afraid to report crimes.”
  3. Avoid myth-busting. Don’t waste time repeating false claims even to correct them. This only makes people remember the myths better! Instead, simply share accurate information: “Immigrants are actually less likely to commit crimes than people born here.”
  4. Offer clear solutions. Don’t just say what we shouldn’t be doing. Suggest better approaches that will prevent future tragedies. For example: “Providing legal representation to immigrants in detention would ensure fairer outcomes and save taxpayer money in the long run.”
  5. Acknowledge the need for accountability when people make mistakes. While many people are caught up unfairly in the criminal justice system, we need to acknowledge that there still must be a fair and reasonable plan for those who have made mistakes, or even committed serious crimes, to move forward.

Sample Message #1

Value: We all make mistakes. But most Americans believe that people deserve a second chance, and that most mistakes shouldn’t ruin our lives and the lives of our loved ones.

Problem: Yet our criminal justice system does exactly that to many immigrants. Even if you’ve lived here for years, you can be deported if you’ve been accused of a low-level offense like shoplifting. Many immigrants in the system don’t get access to lawyers, and thousands are detained for indefinite amounts of time with no hearing. While there’s no question that we all should be held accountable for our actions, indefinite detention or permanent banishment from the country for minor offenses clearly don’t match the severity of the mistake.

Solution: We need to re-examine how our justice system treats everyone here and align that with the values we hold dear. We need a fair system that makes sure we don’t punish people without a hearing or access to lawyers. Those rights are central to our values.

Action:  You can help create meaningful change in our immigration justice system. Start by contacting your congressional representatives today and urging them to support legislation that guarantees legal representation and timely hearings for all immigrants facing deportation. Sign our petition at [website] calling for an end to indefinite detention without due process. Join our community advocacy network to connect with others working for change in your area. Share these stories on social media to raise awareness about how current policies affect real families.

Sample Message #2

Value: America works best when our laws reflect our shared values of equity, fairness, and appropriate accountability.

Problem: But our criminal justice undermines these principles by creating two separate and unequal legal frameworks—one for citizens and another for immigrants. When someone who wasn’t born here faces a completely different legal process with fewer protections, regardless of how minor or serious their offense or how long they’ve contributed to our communities, we’ve abandoned our commitment to equal justice. While everyone should face appropriate consequences for wrongdoing, the stark disparity in treatment creates a troubling double standard that doesn’t just harm immigrants—it weakens the foundation of our legal system for everyone.

Solution: By reforming these policies to ensure consistent standards of justice, due process, and respect for human dignity, we can build a system that truly honors America’s highest ideals and strengthens public safety for all communities.

Action: Contact your representatives and urge them to support immigration justice reform that ensures due process for all. Share these messages with friends and family to expand understanding of how current policies affect real people in your community. Support organizations working on the frontlines of this issue through your time, talents, or contributions.

A Court in Crisis: Messaging on the Supreme Court & the Judiciary

June 2023

As the highest court in the United States, the Supreme Court has final say in interpreting our constitutional rights. People expect the Court to be impartial and to interpret the Constitution based on solid reasoning and respect for precedent. The Court should not be focused on furthering a particular political agenda or in responding to personal favors. In fact, the Court has historically been viewed favorably by the public, or the very least, been viewed as a legitimate institution. In order to function as an independent and effective institution, it is important that people recognize the Court as legitimate. The legitimacy of the Court encourages people to have faith in our government institutions and to work peacefully with them.

However, in recent years, the Supreme Court’s status has come into question.[1] For the first time since the information has been gathered, most Americans do not view the Court as legitimate. Only 7 percent of Americans have a great deal of trust and confidence in the judiciary.[2] As we wait for the Supreme Court’s decisions in several important cases that will impact affirmative action, voting rights, and other significant issues, we advise advocates to consider discussing the Supreme Court’s legitimacy in their communications about these decisions. Below are some tips for incorporating concerns about the Court’s legitimacy as you discuss the Court’s upcoming decisions.

Messaging Advice

1. Lead with Values. The Supreme Court should reflect our shared values in its decisions (e.g., Impartiality, Equal Justice, Due Process, Fairness). It is vital that these values continue to be uplifted despite the individuals who are on the Court. Consider discussing how decisions impact these values and whether the decision deviates or brings us closer to them.

Why Those Values Matter?

  • Reliability:  One of the guiding principles for the Supreme Court is “stare decisis,” which essentially means that the Court and other courts will “adhere to [previous cases] in making their decisions.”[3] People depend on a reliable Court and expect it to respect decisions. Americans should be able to count on the reliability of the Court.
  • Transparency: The Supreme Court is expected to explain the rationale underlying their decisions and opinions openly, with the opportunity for members of the public to hear arguments.
  • Equal Justice: The Court should be advancing equity and access to equal opportunity, not limiting access to it.

2. Describe the importance of the judiciary in advancing social justice. Promoting a fair judiciary is not just about highlighting the recent failures of the conservative Supreme Court majority; it is also about supporting new federal judges who will interpret the Constitution in manner that aligns with our shared values.

  • The legitimacy crisis at the Supreme Court is detrimental to our society, and there is a growing awareness that policymakers should take the necessary steps to address this crisis. Many advocates concerned with social justice have raised these concerns. However, there is also a greater need to transform the judiciary into one that the public can view as legitimate.
  • Advocates should push for the appointment and confirmation of new jurists who have demonstrated a passion for equal justice under law. The appointment of Justice Ketanji Jackson Brown illustrated the hope that a competent and respected jurist can bring to the judiciary. But there are still many judicial vacancies, including several social justice advocates, who are not receiving the same level of enthusiasm.
  • What can sometimes get lost in the discourse about the Supreme Court is the need to continuously feed the pipeline of judges who comprise the trial and federal appellate courts. Several nominees who reflect the values of our Constitution and who have devoted their lives to advancing civil rights and civil liberties have yet to be confirmed as federal judges despite being nominated to the judiciary by President Biden. These nominees are part of the story of how the judiciary has become so out of step with the American public; conservatives have aggressively filled the courts with judges and stalled the nominations of judges community to Equal Justice. Social justice advocates should consider highlighting the stagnation of their confirmation process to a Supreme Court issuing decisions that roll back social justice. One way of responding is filling our court with judges who will respect our constitutional values.

3. Highlight the importance of an independent judiciary. Explain the importance of ethical standards and accountability. When Supreme Court justices deviate from the ethical standards expected of them, they should be held accountable.  The Court should be impartial, and its justices should be guided with concern for all American people rather than corporate elites.

4. Don’t be afraid to identify what’s happening at the Supreme Court as a crisis.

  • For the first time in the history of the Gallup poll, fewer than fifty percent of Americans have a great deal or a fair amount of trust in the judicial branch.
  • The decline in Americans’ faith in its federal judiciary has been swift – a 20 percentage point drop in two years. The court used to routinely have the faith of two-thirds of Americans in Gallup surveys.
  • Because we are in a moment of constitutional crisis, advocates should encourage policymakers to embrace bold and progressive solutions that would restore faith in the judiciary. In addition to filling judicial vacancies and supporting judges who would advance Equal Justice, policymakers should hold judges accountable when they violate ethical standards, consider reforms that might facilitate Supreme Court transformations that restore its democratic qualities, and continuously inform the public about what’s happening at the Supreme Court.

[1] Newport, F. (2021, July 6). Confidence in Supreme Court Sinks to Historic Low. Gallup News. https://news.gallup.com/poll/394103/confidence-supreme-court-sinks-historic-low.aspx (stating that “25% of Americans have confidence in Supreme Court, down from 36% in 2021”)
[2] Newport, F. (2021, July 6). Confidence in Supreme Court Sinks to Historic Low. Gallup News. https://news.gallup.com/poll/394103/confidence-supreme-court-sinks-historic-low.aspx
[3] Cornell Law School Legal Information Institute. (n.d.). Stare Decisis. Cornell Law School Legal Information Institute. Retrieved June 15, 2023, from https://www.law.cornell.edu/wex/stare_decisis#:~:text=Stare%20decisis%20means%20%E2%80%9Cto%20stand,with%20the%20previous%20court’s%20decision

Messaging on Affirmative Action

Narrative Principles for Discussing SFFA v. Harvard and SFFA v. University of North Carolina

October/November 2022

Our constitutional values could not be more important as we anticipate the Supreme Court arguments on several important cases this term. This memo offers messaging advice for promoting diversity and equal opportunity in the context of  SFFA v. Harvard and SFFA v. University of North Carolina, constitutional challenges to college affirmative action policies.

In order to foster a diverse student body and overcome obstacles to educational opportunity, Harvard University and the University of North Carolina consider qualified students’ racial or ethnic backgrounds along with academic achievement and other qualities like leadership, socioeconomic status, and athletic or artistic talent. The U.S. Supreme Court will consider whether these policies violate the equal protection clause of the 14th Amendment to the U.S. Constitution, which bars racial discrimination by government entities, including public universities. Our hope is that the Supreme Court will ensure that everyone fully enjoys the protections and rights provided in our Constitution by protecting affirmative action. However, it is widely expected that the Supreme Court will ban affirmative action programs in its decision on these cases.

The Court will hear arguments on October 31, 2022. This communications advice is intended to help mobilize supporters of diversity and equal opportunity while persuading undecided audiences. It is based on opinion and media research as well as practical experience from around the country.

Messaging Advice

1. Lead with Values. Undecided audiences respond best when we lead with values they share, rather than dense facts or political rhetoric. In these two affirmative action cases, the most important values are diversity, opportunity, and the national interest. However, other values to consider are equality, inclusivity, and mobility.

  • Expanding Opportunity: It is in everyone’s interest to see that talented students from all backgrounds get a close look and a fair shot and have the chance to overcome obstacles to educational opportunity.
  • The Benefits of Diversity: Learning with (and from) people from different backgrounds and perspectives benefits our students, our communities, our work force, our military, and our country as a whole.
  • Preventing Racial Isolation: It is important that schools are able to build student bodies that foster meaningful diversity that does not isolate any one group.
  • Our National Interest: Fostering educational diversity and greater opportunity is critical to our nation’s future in a global economy and an increasingly interconnected world.

2. Explain that Affirmative Action furthers the National Interest When It Comes to American Demographics. The U.S. Census confirms that American society is becoming more and more diverse with most young people originating from historically underrepresented racial and ethnic groups. These changes mean that Americans must be able to learn and successfully navigate in increasingly diverse environments.

  • Colleges, as institutions that train future leaders and participate in this world, are tasked with the responsibility of ensuring that students learn how to navigate diverse environments. Affirmative action provides colleges with the ability to immerse students in diverse environments, allowing them to best teach students how to successfully work within these environments in the future.

3. Emphasize that the Fourteenth Amendment was Intended to Expand Opportunity – Not Restrict It. It is concerned with protecting equal justice under law and was intended to help African Americans achieve opportunity in the United States.

  • As one of the Reconstruction Amendments, the Fourteenth Amendment’s goal was to “grant […] citizenship and equal civil rights to African Americans and enslaved people who had been emancipated after the American Civil War.”[1] The Fourteenth Amendment was intended to help ensure that newly freed African Americans were able to experience full citizenship and the related rights of citizenship. The Fourteenth Amendment sought to provide African Americans with the opportunities and rights that they had been denied during slavery, but it is now being used to limit their rights. This history is an important reminder of how the Court is deviating from our values of equal justice and opportunity.

4. Discuss the Importance of a Judiciary that Respects Precedent and the Rule of Law. The Court’s approach to these cases, as well as the future direction of the Court, seems bleak given recent changes in its composition. It is nevertheless important to fight to protect the hard-fought, historic gains our country has made in promoting and preserving opportunity while critiquing the Supreme Court’s shortcomings. Advocates should encourage the Supreme Court justices to preserve prior decisions that protected constitutional rights, while seeking remedies to years of undemocratic practices that altered the Court’s composition.

  • It is well known that “public trust and confidence in our government institutions is critical to the function of our democratic republic.”[2] In the judicial system, the principle of precedent, or stare decisis, is the idea that a court respects and defers to decisions before it. This concept is key to preserving legitimacy, trust, and confidence in courts, which are at historic lows. For the sake of democracy, it is important that the Court respects past precedents protecting the use of race in college admissions processes.

For a summary of the litigants and their main arguments, go here.

[1] Britannica, https://www.britannica.com/topic/Fourteenth-Amendment

[2] Natalie Anne Knowlton, Trusting the Public’s Perception of Our Justice System, IAALS (Aug. 27 2020), https://iaals.du.edu/blog/trusting-public-s-perception-our-justice-system.

Messaging Guidance for U.S. Supreme Court Decision in Dobbs v. Jackson Women’s Health

Today, the United States Supreme Court took the dreaded step to overrule Roe v. Wade and Planned Parenthood v. Casey with its decision in Dobbs v. Jackson Women’s Health. The Court has now restricted the right of hundreds of millions of Americans to decide for themselves whether to have an abortion, uprooting decades of precedent and a right upon which hundreds of thousands of Americans have relied.

While today is a tremendous setback and sad day for our country, it is important to remain vigilant in the fight for social justice and bodily autonomy when communicating about Dobbs. While it is tempting to focus only on the sadness of the day, we must stick together and clarify in our communications that we will not stop pushing forward toward justice until full rights are realized for everyone.

We recognize that this opinion not only threatens reproductive freedom for millions, but that the Court’s inconsistent contemplation of whether a right even exists could jeopardize other rights. This may include the rights of people in same-sex relationships and interracial relationships, and the right to use contraceptives. Therefore, it is critical to advance a narrative that recognizes the aspiration of full rights and justice and the inherent values at stake in this decision, including:

  • Dignity;
  • Equal Justice; and
  • Freedom

We recommend bringing a values-focused framework when talking about this issue and focusing on solutions rather than on only the problems or the sadness of the day.

Key Takeaways

Dobbs represents a fundamental threat to reproductive liberty and justice.

Dobbs allows states to take action by banning any and all access to abortion. Less than one hour after the Court announced its decision in Dobbs, the state of Missouri’s attorney general swiftly implemented that state’s abortion ban. More than 25 states will likely take action to eliminate nearly all abortion rights immediately.[1] Even outside of the states considering complete bans, abortion rights may be severely weakened.

The repercussions could mean enhanced discrimination, forcing people without economic means, especially people of color, to travel extensively outside of the state they live in to have an abortion. As a result, the poorest Americans without financial resources to travel will face the brunt of having their reproductive liberty being stripped away.

Communicate that Dobbs will have a detrimental impact on the reproductive freedom, health, and dignity of millions of people across the country – especially low-income women and people of color.

Dobbs opens the door to weaken or eliminate many other fundamental rights.

In addition to how personhood is defined and whether fetuses should have the same rights as people, there are many other implications to the Dobbs ruling. Reproductive justice is not the only right that may be impacted. The Court’s narrow construction of the right to abortion in Dobbs comes from its reliance on Washington v. Glucksberg, in which the Court reconstrues Glucksberg to narrowly evaluate whether a right is protected. It asks whether that specific right is “deeply rooted in this nation’s history and tradition.” This means that instead of asking whether the right to privacy protects a specific right, courts can now ask whether that specific right, e.g. the right to buy contraception, was traditionally protected in the eighteenth century. This is a very narrow approach, which can be contrasted by the Supreme Court’s approach to marriage equality in Obergefell v. Hodges.

  • In Obergefell, the Court recognized a right for same-sex couples to get married and noted that the Glucksberg approach was overly narrow. It said that the proper approach is to ask whether the constitutional right to privacy meant that same-sex partners should be allowed to marry. The Court’s method for interpreting whether a right exists in Dobbs means that many other rights are at risk. This method could result in the erosion of freedoms, from the right to same-sex and interracial marriage, to the right to use contraceptives.

Right-wing activists and lawyers are already planning their assault on a broader set of rights. For example, Jonathan Mitchell, the former Solicitor General of Texas and the architect of Texas’s notorious SB-8 law, which restricts access to abortions, argued in an amicus brief that the logic to overrule Roe could be used to overrule Lawrence v. Texas and Obergefell v. Hodges:

  • “This is not to say that the Court should announce the overruling of Lawrence and Obergefell if it decides to overrule Roe and Casey in this case. But neither should the Court hesitate to write an opinion that leaves those decisions hanging by a thread. Lawrence and Obergefell, while far less hazardous to human life, are as lawless as Roe.”[2]

The Dobbs opinion overruled a watershed precedent, weakening the Court’s legitimacy.

Dobbs overruled Roe v. Wade, which had been the law of the land for nearly 50 years. The principle of stare decisis, that a court respects and gives deference to decisions before it, is crucial in preserving the legitimacy of the Court. At his nomination hearing, Justice Alito himself stated that stare decisis was “a fundamental part of our legal system” despite his blatant disregard for the principle in Dobbs.[3]

Public polling has shown that the Court’s support dropped significantly in the wake of the leaked draft opinion of Dobbs, which greatly resembles the final version.[4]

Emphasize how the Court has significantly undermined its own legitimacy by ignoring its own precedent.

Key Questions

Some people say that this case is only about abortion and people who say otherwise are being alarmist. How should advocates respond to this?

A: It is clear that the Court could be leaving itself room to do additional harm to justice with this ruling. That’s because the approach that the Court adopted in Dobbs is an exceptionally narrow approach to analyze whether people have a right through the Constitution’s protection of substantive due process rights. This restrictive view is contrary to the approach taken in some of the Court’s most important decisions, including cases that protect the rights to same-sex marriage or the right to obtain contraception. This approach to judicial rulemaking could result in the erosion of other fundamental rights that Americans rely on every day. An expansive view of substantive due process, like the one taken in Lawrence and Obergefell, provides the most liberty and freedom for all Americans.

What about the concept of the “living Constitution”?

A: We share certain core values, but the way we express them changes as time passes. And that is what “living constitutionalism” is about — when we interpret the Constitution to include certain rights not explicitly enumerated in the document. The living constitution approach is also the dominant view throughout the world. Following a living constitution approach to Constitutional interpretation is not just popular, but will result in expanding rights and increasing opportunity for all Americans.

In fact, most Americans believe that the living constitution approach is the best way for the Supreme Court to analyze the Constitution[5] because it’s based on the idea that constitutional law grows and changes with the society within it. Sometimes, conservative thinkers acknowledge that it’s not, in fact, such a bad thing, and show how this is contrary to the constitutional conception of our nation. The idea of living constitutionalism allows our nation to continue to be governed by the people who live in it today, rather than the people who lived hundreds of years ago.

How do we stay energized and involved?

A: Despite this decision, the aspiration for justice and the world that we are trying to achieve must stay at the forefront. There are still many ways to protect abortion rights by advocating for legislation and executive orders at the state, local, and federal levels. We know from history as our guide that it takes time – sometimes generations – to achieve justice. And we must continue to put forward aspirational narratives that call for nothing short.

Check out other ways to make a difference here, here, and here.

Crafting Your Message

We recommend that you use VPSA when communicating about this issue. VPSA is a communications structure – Value, Problem, Solution, Action – that guides the creation of values-based messages that motivate audiences to action.

Leading with VALUES creates broad points of agreement and shared goals that will resonate with nearly any audience. Being explicit about the PROBLEM, and how it threatens shared values, creates a sense of urgency and connects individual stories to broader systems and dynamics. Offering a SOLUTION gives audiences a sense of hope and motivation. The best solutions are connected directly to the problem offered and make clear where the responsibility for change lies. Assigning an ACTION gives the audience a concrete next step that they can picture themselves doing and creates a feeling of agency.

Sample VPSA Messages

Autonomy

VALUE

We should have control over what happens in our own lives. Autonomy means having self-directing freedom over our choices regardless of our race, sex, gender, or class.

PROBLEM

The Supreme Court’s Dobbs opinion is an affront to those freedoms. It prevents the autonomy of those with the ability to bear children, especially those from minority, marginalized, and low-income groups. The Court’s opinion permits states to infringe on the right to an abortion and destroys self-determination for those living in more than 25 states. Not only that, but the Dobbs opinion also jeopardizes other basic rights such as interracial marriage and same-sex marriage.

SOLUTION

The journey to reaching justice must continue. We have the power to encourage federal and state representatives to act, to influence public opinion and, in turn, to influence the outcome of future elections and the future makeup of the Supreme Court. We can also provide aid to organizations helping poor and marginalized communities access safe abortions.

ACTION

It is essential to use your voice and get involved to end the Court’s attack on basic human rights. Vote in every election. Talk to your friends and family about the importance of reproductive autonomy and freedom. Push your representatives for legislation and executive orders at the state, local, and federal levels.

Opportunity

VALUE

Everyone deserves equal opportunity. We must work to break down barriers that prevent equal opportunity based on race, sex, gender, and class.

PROBLEM

The Dobbs opinion destroys opportunity for those who can bear children and will hit members of the Black and brown communities hard. Dobbs astronomically increases the financial burden of obtaining an abortion. Low-income people, many of whom are Black and brown women, Black and brown transgender men, and Black and brown non-binary persons, will suffer the brunt of that blow.

SOLUTION

In light of Dobbs, we must work to decrease the financial burden of obtaining an abortion for low-income people. States and organizations with resources should support people who now need to travel out-of-state to secure their reproductive rights.

ACTION

Governments and organizations should provide travel grants and other resources so people from states with limits on abortion rights can afford the costs of travel to obtain an abortion. Individuals with the means can support organizations that do so, and can push their elected representatives to take action.

[1] https://reproductiverights.org/maps/what-if-roe-fell/.

[2] Mitchell’s Texas Right to Life Amicus Brief. https://www.supremecourt.gov/DocketPDF/19/19-1392/185344/20210729162610813_Dobbs%20Amicus%20FINAL%20PDFA.pdf

[3] Stone on Roberts, Alito, and stare decisis | University of Chicago Law School (uchicago.edu)

[4] https://law.marquette.edu/poll/2022/05/25/supreme-court-issues-press-release/

[5] https://www.pewresearch.org/fact-tank/2018/05/11/growing-share-of-americans-say-supreme-court-should-base-its-rulings-on-what-constitution-means-today/

Taking Action & Responding to the Attacks on Honest and Inclusive Education

In Brown v. Board of Education, the United States Supreme Court recognized the strong importance of education in the formation of a civic society:

[Education] is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.

With this statement, the Court foreshadowed some of the strongest arguments for an education that provides an honest accounting of our past, including past injustices. Learning about racism and the triumphs of civil rights activists instills in students the cultural values of freedom, justice, and progress. Learning about racial differences also prepares students for the professional world, where they will encounter and work with people of diverse backgrounds. Perhaps most importantly, learning about racial differences, racism, and historical events prepares students to engage in political and civic life with a deeper understanding of themselves and those around them.

The current attempts to prevent the discussion and examination of our history and the legacy of racial inequality threaten the values named by the Brown court, weakening students’ abilities to succeed professionally and engage politically and civically. This tool provides guidance for responding to the attacks on critical race theory and for building a narrative that advances an honest and inclusive education.

Building a Narrative to Support Honest, Inclusive, and Diverse Education

There are several key points to keep in mind when advocating for an inclusive and honest education:

1. Define what critical race theory is. Many people, including progressives, are hesitant to use the term critical race theory. They worry that conservatives have made it too divisive. However, preliminary research shows that more Americans support critical race theory than oppose it, and that many are simply undecided about it. Research also suggests that when some audiences are told that it is a tool for analyzing and understanding racism, they are more likely to support it. Conservatives have been defining their attacks on honest and inclusive education by focusing on critical race theory, and progressives should respond to these attacks directly.

2. Emphasize the need for education to go further. One of the strengths of this country is its diversity, and today’s schoolchildren will be adults in an increasingly diverse society. Teaching students about diverse perspectives will help them grow into engaged, informed, and empathetic adults. The education system should be doing more to prepare students for this future and to inform them about the lingering effects of racial inequality in this country, so they can address these harms. Rather than respond to attacks on critical race theory by stating that it’s not taught in K-12 schools (which is true), build a narrative for why it and other tools for providing race conscious education should be adopted in all our schools.

3. Appeal to shared values. Research shows that people are more open to different, unfamiliar arguments when these arguments are framed by common values. In fact, appealing to values and beliefs is often more effective than statistics in combatting misinformation.[1] When crafting ways to respond to politicians trying to politicize education, you will need to interrogate the intentions and values that lie behind the myths being spread about CRT and anti-racism education in classrooms. In this memo, we have identified several fundamental American values that are shared by most people across the political spectrum and that are served by teaching CRT and systemic racism in schools.

4. Don’t “myth-bust.” Research shows that myth-busting, or restating a claim just to “debunk” it or explain why it is not true, is ineffective in persuading people to change their minds about a topic. In fact, stating a false fact actually encourages people to misremember the false statement as fact—even days later and if they were repeatedly told the statement was false.[2] So, instead of myth-busting, just affirmatively state the truth. Affirmative statements will always be more powerful and memorable than defensive statements. When you engage in conversation with an opponent of CRT, you may feel like you are fighting an uphill battle, so you should use you best weapon: truthful affirmative statements.

5. Explain how learning about our past leads to progress. An honest and inclusive education will help students learn from our past mistakes as a country, so we can build a better future. While we have come far, we have further to go in order to reach our ideals as a country.

6. Use storytelling. Storytelling is an effective tool for persuasion and as a means of confronting racism and the status quo. “Counterstories,” or the stories of people from groups that have historically been marginalized, can be used to effectively challenge perceptions.[3] Effective, powerful counterstories do the following:

  • Use narrative — everyone loves a good, engaging story!
  • Encourage the listener to see things from the storyteller’s point of view. The listener should be pushed, by the end of the story, to compare their beliefs and their reality to the experiences of the storyteller or the counterstory’s characters.
  • Challenge mindsets, not individuals.
  • Use generalizations and exaggerations to highlight key points.[4]

7. Don’t make parents and teachers who oppose critical race theory into villains. Instead, emphasize how politicians are sowing divisions in our communities. Politicians and outside actors initiated the advocacy against an honest and inclusive education and spread misinformation to parents and community members. They should be the focus of communications on this issue.

8. Use VPSA when communicating about this issue. VPSA is a communications structure – Value, Problem, Solution, Action – that guides the creation of values-based messages that motivate audiences to action.

Leading with VALUES creates broad points of agreement and shared goals that will resonate with nearly any audience. Being explicit about the PROBLEM, and how it threatens shared values, creates a sense of urgency and connects individual stories to broader systems and dynamics. Offering a SOLUTION gives audiences a sense of hope and motivation. The best solutions are connected directly to the problem offered and make clear where the responsibility for change lies. Assigning an ACTION gives the audience a concrete next step that they can picture themselves doing and creates a feeling of agency.

Sample VPSA Messages

Sample Message 1

Value: America was founded on the principle that all people are created equal. As Americans, it is important that fairness and equality are viewed as a central part of the American experience for everyone, and this includes the American legal system.

Problem: In order to uphold one of the founding principles in America, the legal system should be expected to deliver fair and equal results to all people. Decisions within the American legal system, from prosecutorial discretion to sentencing, have racial disparities. These racial disparities create additional divisiveness within the country.

Solution: Schools should embrace a curriculum that acknowledges that we have fallen short but remain committed to making racial progress.

Action: Share your views at events as small as school board meetings, to local or city council meetings, to calling state and federal officials and representatives, to voting in local, state, and federal elections. Make it known that you support equality and fairness in America.

Sample Message 2

Value: American society thrives when we acknowledge and grow from the challenges and conflicts of past generations.

Problem: Unfortunately, many states and school districts have been pushed to ban discussion on certain aspects of our shared history in schools. Topics of slavery, the civil rights movement, and the women’s rights movement are under attack.

Solution: Learning, accepting, and growing from our shared history is important in ensuring we do not repeat the mistakes of our past, and can work to remedy issues in our current era. These efforts to ban discussion in schools are un-American and must be stopped.

Action: You can be a part of protecting our history and preserving the ability of students to learn from it in its entirety, with both the good and the bad. Speak up against disinformation in your community, engage in your local school board meetings, and push back against efforts to muzzle our teachers.

Sample Message 3

Value: America is built on two major values—freedom and liberty. The respect and protection of the fundamental civil rights of all American citizens are core to our values and beliefs as a country. The protection of every American citizen’s right to be free from discrimination allows all Americans to preserve their freedom and liberty; these are two tenets that serve as the foundation of American ideals. Furthermore, in pursuit of freedom, American citizens are also guaranteed a right to free speech and the right to petition the government to address their grievances.

Problem: However, this freedom is at risk when topics and events that actually occurred are prevented from being taught in the classroom. This freedom is further jeopardized for students of color who must weigh the benefits and risks of participating in the classroom. When we have members of society who feel like their voices are not as important, then our entire democracy is at risk.

Solution: Race conscious education provides the language to allow all Americans to be able to speak about issues of race, providing a common foundation for the preservation of the right to free speech. It also provides students of color with the opportunity to “challeng[e] the status quo of racial inequality that has persisted for far too long in this nation…” [5]

Action: Reach out to local decision makers and inform them of the importance of CRT to students’ civil rights. If your state legislature, city council, or local school board are considering a ban on race conscious education, consider making a call, sending an email or letter to your representative describing your support for inclusive and diverse education. Attend school board or city council meetings and speak on the topic directly. Encourage friends, family, and members of the community to do the same. Communicating support—especially in large numbers—for the positive implications of honest and inclusive education for civil rights can help key decision makers understand what is at stake.

Special thanks to those who contributed to the research, analysis, review, and editing of this report, especially the students in I. India Thusi’s Fall 2021 Critical Race Theory seminar at Indiana University Maurer School of Law: Abby Akrong, Ethan Dawson, Erin Deckard, Rebeca Dorantes, Mary Kate Dugan, Lydia Elmer, Erica Fields, Kat Grant, Zoe Kolender, Emily McConville, Celia Meredith, Zoe Morgan, Kelsey Napier, Gabriel Retz, Maddie Satterly, Lainey Sezer, Hadley Smithhisler, Luke Steffe.

[1] Simon Oxxenham, When Evidence Backfires, Big Think (Apr. 15, 2014), https://bigthink.com/articles/when-evidence-backfires/.

[2] ‘See e.g., Ian Skurnik, Carolyn Yoon, Denise C. Park & Norbert Schwarz, How Warnings About False Claims Become Recommendations, 31 J. Consumer Rsch. 713, 718 (2005).

[3] Richard Delgado, Storytelling for Oppositionists and Others, in Critical race theory, supra note 8, at 71–72.

[4] Id. at 79

[5] Janel George, A Lesson On Critical Race Theory, ABA (January 11, 2021), https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/civil-rights-reimagining-policing/a-lesson-on-critical-race-theory/.

What Now?! Talking About the Supreme Court

How to Talk About the Leak & the Purported SCOTUS Decision to Overturn Roe v. Wade

As you have no doubt heard by now, a draft opinion that would overturn Roe v. Wade and roll back the Constitutional precedent that guarantees a woman’s right to choose has been leaked to the media. Upon initial analysis, if this draft becomes the official majority opinion, it could have alarming impacts well beyond abortion rights.

We must use this moment to pronounce a vision of what full rights look like for all of us, for our children, and for generations to come, while at the same time repudiating this leaked decision. We must uplift the need to protect hard-fought, historic gains in promoting and preserving opportunity, and we must remain both vigilant and strategic in pushing back against legal decisions and legislative policies that undermine these gains.

The Opportunity Agenda believes that this starts with stories, with what we say, and how we say it.

Some Quick, General Tips

1. Remember that this is NOT the SCOTUS decision. It is a draft document – what could be a preview of what a Supreme Court decision might look like.

The draft opinion has no legal effect right now. Women’s, family planning, and abortion clinics are still operating. Don’t spend time discussing this as settled law, because it isn’t and may confuse people who are still struggling to access reproductive care in their communities.

Avoid communicating as though what’s done is done, because it isn’t.

2. If this becomes the Court’s final decision, its impact could extend far beyond the right to access abortions.

The language in the draft opinion suggests that it would pave the way for eliminating a range of rights that most Americans have come to take for granted. It suggests that only those rights from the time of this country’s founding should be protected, thus opening the door for states to criminalize access to contraception, interracial relationships, same-sex marriage and sexual relationships, and parents’ right to educate their children as they see fit. The opinion might even open the door to question the continued relevance of cases like Brown v. Board Education, which held that legalized racial segregation was unconstitutional.

Communicate the potential reach of this draft opinion and its profound consequences, should it be handed down.

3. Pivot to solutions and action.

Despite the anxiety generated by this draft opinion, remember to pivot to solutions. Now is the time to recognize the power of voices coming together. Encourage audiences to take action, whether that’s demanding passage of the Women’s Health Protection Act or the Equal Rights Amendment, demonstrating outside the Supreme Court or at state courts and capitol buildings, or taking to the streets and the voting booth in order to convey and protect our values.

There is much we can do in this moment, and we have a duty to do it right now.

4. Uplift these values

Pragmatism, Common Sense, Innovation, Determination to Do The Right Thing, Shared Responsibility to Fix Flawed Policies, Solidarity, Full Inclusion.

 

P.S. Click here or here or to find a list of local and state-wide abortion access organizations to support, and here for resources and tools to take action on abortion access as well as an “Adopt-A-Clinic” Program.

Criminal Justice Reform Phrase Guide

Five Tips for Language That Changes Hearts & Minds

Momentum has grown for policymakers to improve the criminal system and adopt strategies that keep all communities safe; prevent harm; and uphold the values of fairness, equal justice, respect, and accountability. But we know that current conversations often perpetuate misconceptions, reinforce stereotypes, and hamper improvement of the system.

This tool includes tips to promote a more equitable and more accurate discourse that is respectful and effective at addressing the harms of the system.

Whether you are a public defender, legislator, community organizer, judge, professor, or communicator, adopting harmful language can impact the discourse and policies that affect people and communities.

Our words matter. The goal of this document is to provide suggestions for effective and appropriate language to move the needle toward transformation. The Opportunity Agenda welcomes your experiences, reactions, ideas, and insights.

1. People, Not Labels

The traditional language of the criminal justice system is often dehumanizing and fosters stigma, stereotypes, and fear. Instead of labels, talk about the people touched by the system; they are members of our community and nation.

For all of the above, depending on how specific the description needs to be, say: People who have been caught up in the criminal justice system.

 

2. Connect the Harm to Systemic Solutions

Conversations about the criminal system often respond to individual examples, which the media frequently sensationalizes. These accounts contribute to a public culture of fear about crime, and often feature individualized responses rather than systemic reform. To promote a new narrative about what community safety looks like, try to reframe the conversation and remind people that reforming the system is a path toward true community safety. We don’t need to rely on punishment and harshness to keep everyone safe.

When they say: we need more police and criminal laws.

YOU SAY: We need real community safety. That happens when we provide the resources communities need to thrive, particularly those who are suffering from a lack of investment.

When they say: violent crime is skyrocketing.

YOU SAY: Working toward real community safety will always be our priority. We know that most harms happen between people who know each other or who are family and are experiencing stressors. We encourage investment in programs that alleviate the financial and emotional burdens of the moment.

When they say: We need to return to more law and order.

YOU SAY: Safe communities mean that personal security and equal justice co-exist. We are safer when we invest in social welfare programs and community-based anti-violence programs.

When they say: X person committed this violent crime, so criminal justice reform policies should be abandoned.

YOU SAY: We have to be smart about the way we approach something as important as community safety. It makes no sense to throw out carefully considered policies that have helped so many communities based on one instance. If ever there were a time to dig deep for solutions, that time is now.

We are all safer when we look at the system as a whole; when we support people as they reenter their communities; and when we adopt policies that keep people within their social support network. We should examine criminal policies by looking at their effects on the whole system. We should not allow politicians to sensationalize individual instances to promote policies that do more damage than good.

When they say: Calls to defund policing will result in chaos.

YOU SAY: We should welcome any calls to examine a system that is causing people harm. When we take a closer look at how police interact with communities and how we can better approach community safety and prevent harm, we get closer to true community safety – our shared goal.

We can help communities become even safer by investing in programs and policies that allow them to hold individuals accountable for harm while providing alternatives to incarceration.

When they say: We need to punish people for their crimes.

YOU SAY: We know there are many ways to hold people accountable without relying on outdated or dehumanizing forms of punishment. For example, restorative justice programs have proven to provide a process of accountability while allowing people affected by harm to fully participate in the process.

When they say: Our cities will become dangerous if we don’t punish violent offenders.

YOU SAY: We can best keep our cities safe by increasing our investments in education, housing, food, access to recreation and other programs that allow people to thrive.

When they say: We need police to protect us from criminals.

YOU SAY: Whatever our perspective, our shared goals should be community safety and harm prevention. As the deaths of George Floyd and Breonna Taylor show us, we need to rethink our approach to preventing harm because police violence also makes communities unsafe. We can do this by looking at effective programs that have managed to prevent harm and support communities without relying on police.

3. Obstacles Before Outcomes

Instead of jumping straight to unequal outcomes, take the time to explain the unfair systems and inequitable treatments that lead to those outcomes. Otherwise, many audiences will inaccurately assume that unequal outcomes happen because some groups are simply more prone to crime.

Black man waves Black Lives Matter flag set against pink-blue gradient.
Photo by Clay Banks

4. Break Stereotypes

Antiquated language about communities and crime tends to perpetuate harmful stereotypes and drive flawed and misdirected policy. Use language that respects communities and acknowledges the disinvestment in neighborhoods and groups that contributes to higher levels of crime and violence.

 

5. Avoid Unnecessary and Harmful Distinctions

Public opinion research shows that most Americans support reforming the justice system and do not automatically distinguish between violent and nonviolent crimes or drug and other offenses. Avoid making those distinctions unnecessarily; these lines of demarcation can reduce support for broad-based reform of the system.

 

Respect People’s Voice and Choice

This phrase guide provides helpful tips for talking about issues relating to the criminal system. However, there may be instances when you are talking with communities and individuals whose preferences differ from the advice in this guide. That’s okay. Respect people’s choices and voices. Not everyone in a group is the same. Although the language from this guide builds upon organizing, advocacy, and research arguing that humanizing people most impacted by the criminal system is a step toward making the system fairer, some people might have different language preferences in certain instances. The most important thing to recognize is that people impacted by the criminal system are people, and how we talk about them affects the public discourse, narratives, and policies that impact their everyday life.

Values to uplift in your messaging:

  • Preventing Harm
  • Promoting Community Safety
  • Accountability
  • Rehabilitation
  • Dignity
  • Restoration
  • Equal Justice
  • Due Process
  • Doing what works

Additional criminal justice reform communication resources:

Supporting Judge Ketanji Brown Jackson’s Historic Nomination

President Biden made history by nominating Judge Ketanji Brown Jackson to serve as Associate Justice of the U.S. Supreme Court and people have shared their enthusiastic support across the nation. Nevertheless, Judge Jackson has been subjected to hostile and disrespectful questioning from senators, which reflects how the standards of civility shift when a Black woman is in question. Given these attacks, we must continue to do the hard work of contextualizing this moment concerning what it means for the future of our country. We must continue to highlight the significance of this nomination for the aspirations we have toward breaking down systemic barriers that stand in the way of progress.  We need Supreme Court Justices who reflect the integrity and honor that Judge Jackson has shown throughout her career.

The Opportunity Agenda (TOA) strongly encourages communicators, advocates, and anyone concerned with social justice to uplift the importance of this nomination. Below is communications advice for talking about Judge Jackson’s nomination informed by recent opinion research.

Public Opinion

Despite attempts to tarnish Judge Jackson’s reputation, a Gallup poll found that Judge Jackson enjoys the highest support of any Supreme Court nominee since Chief Justice John Roberts, with 58 percent of people in the United States in favor of her confirmation.[1] An NBC National Poll found she had “the highest net support rating of any Supreme Court nominee since 2005.”[2]

This polling is likely due to her extraordinary background and credentials, along with the advocacy of groups like #SheWillRise and others. Through consistent message engagement, advocates can help promote a media and cultural landscape that is favorable to Judge Jackson while also effectively pivoting toward calling out unwarranted attacks when they arise.

Values-Based Messages

Because our research consistently shows that leading with values is an effective approach to communication, we encourage people to adopt a “VPSA” format in drafting their messages about Judge Jackson. We have described VPSA below and provided sample messages that adopt this format.

VPSA

  • Leading with VALUES creates broad points of agreement and shared goals that will resonate with nearly any audience.
  • Being explicit about the PROBLEM, and how it threatens shared values, creates a sense of urgency and connects individual stories to broader systems and dynamics.
  • Offering a SOLUTION gives audiences a sense of hope and motivation. The best solutions are connected directly to the problem offered and make clear where the responsibility for change lies.
  • Assigning an ACTION gives the audience a concrete next step that they can picture themselves doing and creates a feeling of agency.

Sample Actions

TOA encourages people to continue their advocacy for Judge Ketanji Brown Jackson by:

  1. Writing newspaper editorials or blogs that connect Judge Jackson’s nomination to their own shared experience.
  2. Posting on social media to celebrate her background and highlight how she reflects our shared values.
  3. Talking with those close to you about the significance of her nomination and likely confirmation to the Supreme Court.

Sample VPSA Messages

Judge Jackson is Committed to Equal Justice Under Law

The words “Equal Justice Under Law” are engraved into the entrance of the U.S. Supreme Court, and Judge Jackson’s historic nomination illustrates that this country is slowly coming closer to this ideal. Judge Jackson is on track to be the first Black woman to serve on the Supreme Court and has led a life of public service through her work as a judge, public defender, and on the U.S. Sentencing Commission.

Yet, some have tried to question her background because of this public service. As a judge and lawyer, she worked to ensure that everyone she served was treated fairly and equally. She was fair, measured, and consistent in reflecting the value of “Equal Justice Under Law,” but opponents are trying to distort her record.

Consequently, it is important to push for Judge Jackson’s speedy confirmation to the Supreme Court given her commitment to equal justice. We must continue to talk about the importance of her nomination. It is historic not only because Judge Jackson is a Black woman, but because she would help to realize a foundational goal of our highest court—Equal Justice Under Law.

Reach out to your local newspaper to submit a Letter to the Editor about why this nomination is so critical for you and your community

Judge Jackson Reflects the Ambitions of Americans

The American identity is inseparable from the ideal of achieving full opportunity, where everyone has a fair chance to reach their full potential. Judge Brown’s story as a public-school graduate from Miami to a current nominee to the U.S. Supreme Court is an example of a classic American success story. James Truslow Adams described this dream as “that dream of a land…with opportunity for each according to ability or achievement…a dream of social order in which each man and each woman shall be able to attain to the fullest stature of which they are innately capable, and be recognized by others for what they are, regardless of the fortuitous circumstances of birth or position.” Judge Jackson worked hard in the face of extraordinary challenges and has achieved an exemplary stature as a jurist and lawyer committed to public service.

For far too long, access to education, advancement in the legal profession, and countless other hurdles have stood in the way of Black women aspiring to someday join the Supreme Court. Nevertheless, Judge Ketanji Brown Jackson has worked hard to obtain preeminent qualifications that exemplify what is possible when we expand access to opportunity.

By having Ketanji Brown Jackson as a Supreme Court Justice, the high court will be better positioned to more effectively confront those systemic hurdles that stand in the way of true opportunity and equal justice. The court will be hearing cases that might shift our access to opportunity in this country, and Judge Jackson’s background and experiences will only enrich the perspectives on the court.

In order to share your support for Judge Jackson’s speedy confirmation, tweet at your senator about why you support Judge Jackson’s confirmation to the Supreme Court, or post on social media about what this nomination means to you using #ConfirmJackson.

The Opportunity Agenda
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