Narrative Shift and The Death Penalty

In this case study, The Opportunity Agenda explores a narrative shift that transpired over a period of almost 50 years—from 1972, a time when the death penalty was widely supported by the American public, to the present, a time of growing concern about its application and a significant drop in support. It tells the story of how a small, under-resourced group of death penalty abolitionists came together and developed a communications strategy designed to raise doubts in people’s minds about the system’s fairness that would cause them to reconsider their views.

In its early days, the abolition movement was composed of civil liberties and civil rights organizations, death penalty litigators, academics, and religious groups and individuals. Later, new and influential voices joined who were directly impacted by the death penalty, including family members of murder victims and death row exonerees. Key players used a combination of tactics, including coalition building—which brought together litigators and grassroots organizers—protests and conferences, data collection, storage, and dissemination, original research followed by strategic media placements, and original public opinion research.

This case study highlights the importance of several factors necessary in bringing about narrative shift. Key findings include:

  • It can be a long haul. In the case of issues like the death penalty, with its heavy symbolic and racialized associations, change happens incrementally, and patience and persistence on the part of advocates are critical.
  • Research matters. Although limited to a few focus groups, the public opinion research undertaken in 1997 was critical in terms of both informing the communications strategy going forward and building unity among stakeholders.
  • Going on the offensive can change the game. Armed with an effective communications strategy, advocates can reset the terms of the debate and make considerable headway.
  • Bring in diverse voices. New messengers, especially “strange bedfellows”—in this case, families of murder victims who oppose the death penalty—can have a big impact.

METHODOLOGY

Our research methodology included in-depth interviews with key stakeholders, a document review, and a scan and analysis of traditional and social media.

INTERVIEWEES:
  • Richard Dieter, founding director of the Death Penalty Information Center (DPIC)
  • Robert Dunham, current director of DPIC
  • Sister Helen Prejean, longtime abolition activist and author of Dead Man Walking
  • Diann Rust-Tierney, director of the National Coalition to Abolish the Death Penalty (NCADP)
  • Bryan Stevenson, founding director of the Equal Justice Initiative and author of Just Mercy

We analyzed both public opinion data and traditional and social media content to corroborate and validate our interviewees’ observations. Leading research organizations such as Roper, Gallup, and Pew have been measuring changes in public opinion on the death penalty for many years, making it possible to see trends clearly. We also had access to proprietary qualitative research conducted by the ACLU. To identify media trends, we developed a series of search terms and used the LexisNexis database. For social media trends we utilized the Crimson Hexagon online data library. Our interviews with key stakeholders and our review of public opinion and media/social media trends reveal a dynamic relationship that continues to reshape the public narrative about the death penalty in America.

Based on a series of historical benchmarks, we identified five time periods and their external (i.e., events beyond the control of the advocates) and field-wide tipping points that comprised the stages of narrative shift:

EARLY YEARS: 1972–1980

EXTERNAL TIPPING POINTS
  • A 4-year moratorium begins following the 1972 Supreme Court decision in Furman v. Georgia. The death penalty statutes in 40 states are voided as arbitrary, cruel, and unusual in violation of the Eighth Amendment.
  • Surveys show public support for the death penalty for those convicted of murder is less than 50 percent.
  • States undertake reforms and the Supreme Court reinstates the death penalty in 1976 in Gregg v. Georgia.
  • The execution by firing squad of Gary Gilmore, the first person to be executed post-Gregg, has intense media coverage
  • An uptick in crime reported and sensationalized by media occurs.
FIELD-WIDE TIPPING POINTS
  • The National Coalition Against the Death Penalty is established.
  • Strategies other than litigation are explored and implemented.

THE 1980s

EXTERNAL TIPPING POINTS
  • Fear of crime increases. “If it bleeds, it leads” media coverage (i.e., fear-based media coverage focusing on murder and mayhem because it increases sales) intensifies it.
  • Law and order and racist dog-whistle political rhetoric increases, and Ronald Reagan is elected.
  • As new death sentences increase, appeals and procedural delays come under attack.
  • Support for the death penalty climbs; politicians take note.
  • The Supreme Court rejects racial bias argument in McClesky v. Kemp.
  • Bush/Dukakis campaign, the “Willie Horton ad,” and Dukakis’s anti-death penalty stance are shown to be a political liability.
FIELD-WIDE TIPPING POINTS
  • None: Abolition movement on the defensive.

THE 1990s

EXTERNAL TIPPING POINTS
  • Candidate Clinton presides over the Arkansas execution of a mentally disabled man.
  • In reaction to the Oklahoma City bombing, the Anti-Terrorism and Effective Death Penalty Act was enacted.
  • New death sentences and executions reach an all-time high.
  • Eighty percent of the public favors the death penalty for persons convicted of murder.
FIELD-WIDE TIPPING POINTS
  • The Death Penalty Information Center (DPIC) is established.
  • The Innocence Project and the Equal Justice Initiative (EJI) are founded.
  • 60 Minutes airs a feature story about EJI’s efforts to free Walter McMillian from Alabama’s death row.
  • Dead Man Walking and The Green Mile films are released.
  • Kirk Bloodsworth becomes the first death row inmate to be exonerated through DNA testing.
  • The American Bar Association passes a resolution calling for a moratorium on executions.
  • The Northwestern School of Law holds a conference with 29 “death row refugees.”
  • ACLU commissions focus groups; researchers recommend focusing on systemic unfairness.
  • A 3-day gathering at the Musgrove Conference Center of leaders from around the country is held to hammer out a new communications strategy to move hearts and minds.

THE 2000s

EXTERNAL TIPPING POINTS
  • Illinois Governor George Ryan declares first moratorium on executions.
  • Executions and new death sentences begin to decline.
  • The U.S. Supreme Court ends execution of people who have mental disabilities and people who committed crime as juveniles.
  • Exonerations receive increasing media attention; Congress passes the Innocence Protection Act.
  • The public supports life sentence without parole over death penalty.
  • Botched lethal injection controversy grows.
  • Pope Francis says the death penalty is “an attack on the inviolability and dignity of the person.”
  • Public support drops to a four-decade low.
  • Gov. Newsom orders moratorium on executions in California, the state with the largest death row.
FIELD-WIDE TIPPING POINTS
  • The National Coalition to Abolish the Death Penalty grows to more than 100 affiliates and adopts a state-by-state strategy.
  • The DPIC website becomes a one-stop shop for journalists covering the issue; media coverage focuses on systemic flaws.
  • Murder Victims Families for Human Rights is founded.

2007-2020

EXTERNAL TIPPING POINTS
  • New Jersey is the first state to abolish capital punishment legislatively; nine more states follow suit.
  • Governors in four states—California, Colorado, Oregon, and Pennsylvania—declare moratoriums on executions.
  • Editorial support for abolition grows.
  • Public support for death penalty falls to lowest point since the 1970s.
FIELD-WIDE TIPPING POINTS
  • Conservatives Concerned About the Death Penalty is founded.
  • Just Mercy by Bryan Stevenson is published and sells more than 1 million copies; a major film based on the book is released.
  • The campaign to save Rodney Reed, a Texas death row inmate convicted by an all-white jury, wins indefinite stay of execution.

BACKGROUND

On March 23, 2020 Colorado became the twenty-second state to abolish the death penalty and the tenth to do so since 2007. Once assumed to be a permanent fixture in the nation’s criminal justice system, with a few notable exceptions the death penalty has been in retreat since the early ’00s as one state after another has either repealed their death penalty statute or imposed a moratorium on executions. As of 2020, for the first time in U.S. history the death penalty is in perfect equipoise: 25 states retain it, and 25 states reject it, either through repeal (22) or moratorium (3). Once considered a third rail in politics, opposition to the death penalty has become sufficiently mainstream for elected leaders to openly embrace it.

These recent policy reforms would not have been possible were it not for the erosion of public support for the death penalty. In the peak year of 1995, 80 percent of Americans supported the death penalty and only 16 percent opposed it for people convicted of murder. Today support for the death penalty is the lowest it has been in the past 40 years, with 56 percent in favor and 42 percent opposed. The decline in public support, in turn, is reflected in the imposition of fewer death sentences by juries. In 2018, 42 new death sentences were imposed as compared to 315 in 1996.

This case study describes the role that public narrative, as expressed through media coverage, popular culture, and the opinions of influential voices, has played in causing Americans to reconsider their position on what had, for decades, been a hot button issue. We look at how a relatively small movement of death penalty litigators and abolitionist advocates and activists representing arguably the most stigmatized constituency in America—people on death row—used the tools at their disposal to change the story.

THE DEATH PENALTY NARRATIVE, THEN AND NOW

THEN
We need the death penalty to punish those who break society’s rules and bring order to a criminal justice system that does not protect the public’s safety. The finality of the death penalty brings order to chaos and brings closure for the victims’ families.

NOW
The death penalty as it’s applied in this country is flawed, is infected with racial bias, and can’t be fixed. There are other ways to protect the public’s safety that are less costly, are just as effective, and don’t run the risk of executing innocent people.

Executions were rare in this country prior to the mid-1980s. In 1965 there were seven executions nationwide, four of them in Kansas. In 1966 there was one, and in 1967 there were two. Because of how rarely it was carried out, the death penalty was relatively uncontroversial. That changed in 1972, when the U.S. Supreme Court rendered its decision in Furman v. Georgia, holding that the death penalty statute in question violated the Eighth Amendment prohibition against cruel and unusual punishments because it was applied “arbitrarily and capriciously.” The 5-4 decision had the effect of abrogating every death penalty statute in the country. All pending death sentences were reduced to life imprisonment, and states understood that they had to go back to the drawing board if they wanted their statute to pass constitutional muster.[1]

The Furman decision was the result of a litigation strategy. Diann Rust-Tierney explains:

The same tools that were available to address civil rights violations were applied here by the NAACP Legal Defense and Education Fund. When you have a primarily legal argument it makes you think about issues a certain way, and it makes you think about your audience a certain way. The way that the LDF and others prosecuted these cases was to amass a great deal of information and facts and data and arguments and put them before the Court, and the Court makes a ruling. At the time there was the expectation that once a case was won the issue was settled. But states went right back to the drawing board. We learned that litigation strategies have to be accompanied by the work of changing public opinion.

In the aftermath of Furman, 37 states enacted new death penalty laws, and in 1976, in the case of Gregg v. Georgia, the Supreme Court ended the de facto moratorium when it reviewed five new statutes (Georgia, Louisiana, Texas, Florida, and North Carolina) and found them to be constitutional. The number of new death sentences climbed rapidly, from just under 50 in 1973 to 300 in 1975, and that number would remain relatively constant until 2001.The number of executions grew slowly at first and then rose rapidly beginning in the mid-1990s. Ninety-eight executions were carried out in the peak year of 1998. The fact that 81 percent of those executions were carried out by southern states was not insignificant. Bryan Stevenson argues that “the death penalty is lynching’s stepchild”:

The race of the victim is the greatest predictor of who gets the death penalty in America. We moved lynchings from outside to inside in the 1940s and ’50s when the political pressure on these communities that tolerated this spectacle of violence got so great that they no longer felt they could do it with impunity. I think that connection is directly linked to what we tolerated during the era of lynching. And we use this lethal threat of violence from an electric chair to replace the threat that was created through hanging. I don’t think it’s an accident that the states with the highest lynching rates are the states with the highest execution rates. Nor do I think it’s an accident that communities in those states feel deeply burdened by our continuing willingness to kill people in this racialized way.[2]

The reinstatement of the death penalty arrived as law and order rhetoric came to dominate the public discourse. The Reagan Administration loudly attacked constitutional “technicalities” like the Exclusionary Rule and the Miranda warnings, claiming they “tied the hands of the police.” The war on drugs was declared, and politicians, concerned with being labeled “soft on crime,” enacted a raft of harsh anti-crime laws at the state and federal levels. “If it bleeds, it leads” came to dominate local media coverage, and fear of crime intensified. Underlying the growing support for the death penalty was the extent to which crime in America was racialized (i.e., experienced by whites, and others, in racial terms). According to public opinion surveys, white Americans overestimated (and still overestimate) the proportion of crime committed by people of color and the proportion of people of color who committed crime. And social science research shows that attributing crime to people of color limits empathy toward the accused and encourages retribution as the primary response to crime.[3] The death penalty, of course, is the ultimate form of retribution. The narrative promoted by “tough on crime” pundits that judges were too lenient and prisons were like country clubs also gained ground. In this environment, the death penalty was viewed as all that stood between the public and the most heinous crimes.

Prior to the Supreme Court’s 1976 decision reinstating the death penalty, there was minimal organizing and advocacy against it and abolitionists relied almost exclusively on litigation to press their case. A small group of legal organizations, most notably the NAACP Legal Defense and Educational Fund and the ACLU, and a handful of attorneys and academics worked together to coordinate court challenges to various aspects of the death penalty. Days after the Gregg decision, Henry Schwarzschild, the head of the ACLU’s Capital Punishment Project, sent out a tersely worded mailgram to leaders of the small abolition movement:

In light of the Supreme Court decision on death sentences, we are convening a working meeting on non-litigation strategy to prevent executions and abolish capital punishment. Your attendance is urgently invites. Please advise.

The meeting, held just a few days later, led to the founding of the National Coalition to Abolish the Death Penalty (NCADP) and the earliest efforts to mobilize a grassroots movement.[4] As the organization’s name makes clear, the goal was, and still is, the complete eradication of the death penalty in the United States. Within its first year, 40 state affiliates had joined the coalition, representing faith, civil rights, and civil liberties organizations. Eventually growing to more than 100 affiliated organizations, the NCADP spread its message of abolition, grounded in opposition to all “state-sponsored killing,” through public speaking engagements, publications including Execution Alerts that reported impending executions, and vigils.

The 1980s: “Endless Appeals and Procedural Delays”

During the decade of the 1980s the death penalty became a potent symbol of toughness on crime, and its favorability rating among the public climbed steadily. Between 1980 and 1985, media coverage of the death penalty more than tripled. By the end of 1985, the death row population exceeded 1,500 people but executions were still relatively rare, and procedural delays in carrying out executions became a contentious issue. Headlines about legally thwarted executions such as the following were common:

  • Gray Execution Blocked Again (The Washington Post, July 7, 1983)
  • Convicted Murderer Gets a Stay in Louisiana (Christian Science Monitor, February 12, 1981)
  • Execution of Child-Killer Stayed by U.S. Court (The New York Times, March 1, 1982)
  • Killer Wins Reprieve (Miami Herald, October 22, 1982)
  • State High Court Overturns 2 More Death Sentences (Los Angeles Times, October 24, 1986)

The Washington Legal Foundation, Criminal Justice Legal Foundation, and other pro-death penalty organizations aggressively lobbied for limiting the appeals process and shortening the length of time between sentencing and execution. In 1989, a special committee of federal judges, set up at the request of Chief Justice William H. Rehnquist to study the judicial system’s handling of death penalty cases, recommended strict new limits on the multiple appeals filed by death row inmates. Pressure built for Congress to enact legislation curtailing the rights of people on death row.

As the 1980s came to an end, death penalty opponents were in an acutely defensive position. In 1987 the movement suffered a major legal defeat when the Supreme Court issued its ruling in McCleskey v. Kemp, rejecting the argument based on powerful statistical evidence that the application of the death penalty was racially biased.5 In 1988, the presidential race between George H. W. Bush and Massachusetts Governor Michael Dukakis reinforced the message that the death penalty was needed to protect public safety and that opposition to it was a definite political liability. First, the Bush campaign aired the “Willie Horton” TV attack ad.

Considered one of the most racially divisive ads in modern political history, it depicted an African American man who had been convicted of murder, who raped a white woman and stabbed her partner while furloughed from prison under a Massachusetts program in place when Dukakis, the Democratic nominee, was governor. In a voiceover, the narrator says: “Dukakis not only opposes the death penalty, he allowed first-degree murderers to have weekend passes from prison.” Between 1988 when the ad first launched and 1990, more than 1,600 articles were published in mainstream media outlets making reference to Willie Horton.

Then, during a televised debate between the candidates, Gov. Dukakis was asked whether he would support the death penalty if his wife were raped and murdered. He responded, “No, I don’t… I think you know that I’ve opposed the death penalty during all of my life. I don’t see any evidence that it’s a deterrent and I think there are better and more effective ways to deal with violent crime.” Labeled “Dukakis’ Deadly Response” by Time magazine, pundits attributed his election defeat to his answer to this question.

In spite of the opposition’s efforts to sway the public through protest, argument, and litigation, by the end of the decade the dominant narrative about the death penalty was deeply embedded in the public discourse: The death sentence was needed as a deterrent to crime and an expression of the American public’s desire to punish wrongdoers, and the delays in executions brought about by defense lawyers and liberal judges violated the public’s trust. Politicians opposed it at their peril. Abolition leaders knew that a course correction was imperative.

In the 1980s, most of us were trying to just survive the tough on crime rhetoric and we were on the defensive. In the 1990s, some of us started to talk about what we needed to do to be proactive, and that’s what gave rise to the effort around creating concerns about the death penalty as applied, rather than in the abstract.

Bryan Stevenson

The 1990s: The Beginning of a Contest Over Narrative

In early 1990, a small group of leading abolitionists met in New York City to come up with a plan to break through what they viewed as a stalemate. They feared that the debate had been reduced to confrontations outside prisons on the eve of executions, with one side praying and the other side calling for death. Convened by journalist and philanthropist John “Rick” MacArthur, those present expressed their frustration with the limits of what they believed had been a mostly “philosophical” argument about the morality of capital punishment. They agreed with what Justice Thurgood Marshall had written in his opinion in Furman v. Georgia: If Americans knew all the facts, they would be against the death penalty. How, then, to bring all the facts to the attention of the public?

The result of that meeting was the birth of the Death Penalty Information Center (DPIC), whose mission was to “serve the media and the public with analysis and information on issues concerning capital punishment.” DPIC, with a full-time staff of one, was initially housed in the offices of Fenton Communications, a public relations agency founded by David Fenton to further the goals of the movements for the environment, public health, and human rights. DPIC engaged in intensive media relations, identifying and working with journalists to tell a different story about the death penalty. It began to publish special reports focusing on the systemic flaws in its implementation, including racial bias, prosecutorial misconduct, inadequate defense, and so on.

At first there was some resentment within the abolition movement about the funding of DPIC. At a time when the death penalty defense bar had so few resources, some felt the money would be better spent on providing more and better legal services to the condemned. But several early breakthroughs that demonstrated the power and potential of favorable media coverage began to win those detractors over, including:

  • In May 1992 Time magazine published a cover story about Roger Keith Coleman, on Virginia’s death row for the murder of his sister-in-law. The cover headline, superimposed over a photograph of Coleman, read “THIS MAN MIGHT BE INNOCENT; THIS MAN IS DUE TO DIE.”

  • In the fall of 1992 CBS’ 60 Minutes aired a feature story about Bryan Stevenson’s efforts to free Walter McMillian from Alabama’s death row, illuminating the role of racism in the railroading of an innocent black man in the Deep South.
  • In June 1993, the exoneration of Kirk Bloodsworth, the first person on death row to be released as a result of DNA evidence, was covered in close to 200 stories in major U.S. newspapers and featured on television news programs nationwide.

These “earned media” stories were the results of hard work by advocates armed with a proactive communications strategy. They, and others like them during the early 1990s, were at the forefront of what would become a steady stream of stories that complicated, and gradually undermined, the widespread belief that the death penalty was fair and that miscarriages of justices were rare. In 1992 two professors at Cardozo Law School, Peter Neufeld and Barry Scheck, founded the Innocence Project, putting the spotlight on the risk of miscarriages of justice by using DNA evidence to reopen cases, and the number of death row exonerations began to grow.[6] The Innocence Project, which eventually expanded into a large network of projects throughout the country, has been hugely influential in the narrative shift process. Since its founding, it has been featured in close to 7,000 news media articles. In April 2020 Netflix released a nine-part documentary series, The Innocence Files, which features the work of the Innocence Project.

Other events during this decade also contributed to growing unease about the death penalty. Two award-winning films based on best-selling books were released. In 1996, Dead Man Walking, based on a book by Sister Helen Prejean of the same title, came out to wide critical acclaim. The film introduced a mass audience not only to Sister Prejean, played by Susan Sarandon, and her moral crusade against the death penalty, but also to the character of Earl Delacroix, the father of one of the victims, who opposed the execution of his son’s murderer. The film’s portrayal of a grieving father who disputed the claim that the execution would help him find “closure” presented viewers with a counternarrative to the one they had been given. In 1999, The Green Mile, a fantasy crime drama starring Tom Hanks and based on a book by Stephen King, told the story of the execution of an innocent black man and the emotional toll it took on the prison official supervising the execution. Speaking of the impact murder victims’ families and corrections officials would have in voicing this counternarrative, Sister Helen Prejean explains:

When the New Jersey legislature was having hearings about the death penalty, sixty-two murder victims’ families testified saying ‘don’t kill for us.’ More and more victims’ families are saying the death penalty re-victimizes us. It puts your grief in the public spotlight. Every time there’s a change in the status of the case the media is at your door. You can’t grieve. You’re in trauma. It doesn’t help. Then there are the voices of wardens who have to carry out executions, and guards that are part of the execution squad. One warden in Florida has said publicly that he will be in therapy for the rest of his life: ‘I participated in the killing of someone who had been rendered defenseless.’

Events in Illinois were unfolding that would have an impact on public opinion nationwide. A spate of death row exonerations, some of them brought about through the investigatory efforts of journalism students at Northwestern University, put a spotlight on police and prosecutorial corruption and misconduct. By 1998, the Illinois death penalty score stood at 11 executed (since the reinstatement of the penalty in 1977) and nine exonerated. In November, the Northwestern School of Law held a conference that brought together on one stage 29 “death row refugees,” eight from Illinois and the rest from other states. An AP photo of the exonerees along with Professor Anthony Amsterdam, a well-known abolitionist attorney, was a jolting image of how serious the risk of executing the innocent really was.

Two months after the conference, the Chicago Tribune published a five-part series by two investigative reporters entitled, “Trial & Error. How Prosecutors Sacrifice Justice to Win.” A month after this hard-hitting series was published, in early 1999, another Illinois death row prisoner, Anthony Porter, was exonerated within 48 hours of his scheduled execution when an investigator hired by the Northwestern project obtained a video-recorded confession from the man who actually committed the murder. The Porter exoneration was swiftly followed by three more–Steven Smith, Ronald Jones, and Steven Manning—setting the stage for the new governor, George Ryan, to declare the country’s first moratorium on executions in January 2000. It was clear that the risk of executing the innocent was a key component of a new narrative about the death penalty. As Richard Dieter put it:

We had to reach a critical mass in the amount of information people heard about innocence. They had to hear it again and again. Innocence opened the door and you started to hear political leaders saying the reason they were stopping executions or voting to abolish the death penalty was the risk of an innocent person being put to death. Innocence was the breakthrough that was needed to deflate the pro-death penalty argument.

The progress in shifting the narrative did not lead to policy change right away. In fact, the abolition cause suffered a setback after the Oklahoma City bombing of the Alfred P. Murrah Federal Building in April 1995. President Bill Clinton, who had demonstrated his death penalty bona fides in 1992 when he interrupted his campaign for president to preside over the Arkansas execution of Ricky Ray Rector, a mentally disabled man, signed the Anti-Terrorism and Effective Death Penalty Act of 1996 into law. The bipartisan act greatly limited the ability of federal courts to grant writs of habeas corpus, often the only legal relief available to those on death row.[7] The number of executions was climbing steadily at this juncture, and abolition advocates felt a new sense of urgency.

In 1997, the ACLU commissioned a series of focus groups to inform the organization and its allies about the general public’s attitudes toward the death penalty. Participants were either somewhat supportive of the death penalty or had no opinion on the issue. At the time the focus groups were held, public opinion surveys showed that three-quarters of Americans supported the death penalty. In a report titled, “Making the Case for Abolishing the Death Penalty,” the research firm of Belden Russonello & Stewart advised that “overall, the groups uncovered deeply-held support for the death penalty among these participants, but the discussions also identified some possible ways to begin to erode this support through long-term education.” The report and its recommendations were shared and discussed widely with the abolition community.

The views expressed by the focus group participants demonstrated that calling for abolition had little chance of success in the near term. According to the researchers’ analysis, the overarching theme that emerged from the focus groups was “don’t get rid of the death penalty, but use it wisely.” Participants believed that the death penalty was at times administered unfairly, but they did not see the problems as serious enough to warrant ending its use. In response to a story about an innocent person who had been sentenced to death, for example, a focus group participant said:

I just don’t think that’s a good reason to not kill the people that are guilty for fear that you might make a mistake and kill someone who’s innocent. You have to hope that the judicial system is fair and is structured so that it catches those mistakes.

The direction for changing the dominant narrative became clear: The anti-death penalty movement had to expose the many ways that the judicial system was riddled with errors and unfairness and use all the tools at its disposal to communicate those problems to the American public. In other words, follow Justice Thurgood Marshall’s admonition to “shock the conscience” of the “average American.”

In 1998 the ACLU received a grant to underwrite a convening of movement leaders to build unity around a new narrative—one based on exposing and challenging systemic flaws in the administration of the death penalty, state by state. For some organizations and individuals, this approach was problematic and smacked of “greasing the rope”—fixing the death penalty system so that it worked better. Bringing everyone on board would require the time and space for in-depth discussion and debate. The convening took place over several days at the Musgrove Retreat and Conference Center on St. Simons Island, Georgia. It included a presentation by the public opinion research firm that had conducted the ACLU’s focus groups. By the end of the convening, agreement had been reached on a new narrative and the state-based strategy. According to Richard Dieter, who participated in the Musgrove convening:

The narrative shifted from a theoretical, philosophical debate to a more pragmatic approach. And that brought in a broader group of people who questioned the death penalty but didn’t necessarily oppose it on principle. The broader approach, the ‘bigger tent,’ has been effective on this issue.

From 2000–2006: A New Narrative Takes Hold

By the turn of the new millennium, support for the death penalty in cases of murder had begun its downward trajectory.[8] On January 27, 1999, Pope John Paul II condemned it as “both cruel and unnecessary” during his Papal Mass in St. Louis, reinforcing the moral imperative for a moratorium. The abolition movement had reached a critical mass in terms of influencing the debate through public appearances, media outreach, and other forms of communication. As Robert Dunham points out, the movement had also grown increasingly diverse:

There are many organizations that have made a tremendous impact. The Southern Center for Human Rights, the Equal Justice Initiative, Witness to Innocence, and the Catholic Mobilizing Network. Celebrities like Oprah Winfrey, Sister Helen Prejean and Susan Sarandon, because of her role in Dead Man Walking, attracted media attention. The National Coalition to Abolish the Death Penalty, the American Bar Association, Amnesty International, the Innocence Project, and the NAACP Legal Defense and Education Fund. Some of the most important people are the institutional capital defenders, because without them you would not see the stories of all the miscarriages of justice. They all play a vital role.

With the arrival of the internet, the Death Penalty Information Center became an even more efficient “one stop shop” for news and analysis. Between 1990 and December 31, 2019, 3,869 news articles were published in the mainstream U.S. news media referencing DPIC. In terms of overall share of media coverage, DPIC significantly outpaced its major opposition, the Washington Legal Foundation, a pro-death penalty organization.

New voices entered the debate, most significantly family members of murder victims who opposed the death penalty, and Murder Victims’ Families for Human Rights was founded. Affiliates of the National Coalition to Abolish the Death Penalty ramped up their efforts to expose the flaws in their states’ systems, issuing public reports and engaging in legislative advocacy and local media outreach. According to Diann Rust-Tierney:

The focus on changing the law at the state level—that was huge. Before, all of us thought our job was to just keep talking to people and if we convinced them to oppose the death penalty, something would happen. It was when we linked the communications strategy to actual state policy reforms that we began to see a light at the end of the tunnel.

A survey of coverage in major U.S. newspapers during this period reveals the shifting narrative in real time. More and more, journalists focused on issues that the abolition movement was pressing: the role of race and poverty; the problems of prosecutorial misconduct and inadequate counsel that led to miscarriages of justice and exonerations; the cruelty of “botched” executions. These stories reinforced the public’s growing unease and also revealed the systemic fault lines that the movement had been trying to expose. In particular, the availability of post-conviction DNA testing revealed how high the risk of executing an innocent person really was.

News coverage of death row exonerations began to increase in 2001 and spiked in 2003. That year there were more than 500 stories published in major U.S. newspapers highlighting the rising number of exonerations. Hundreds of stories reported on Gov. George Ryan’s moratorium on executions and his decision to grant blanket commutations during his last days in office for all 156 people still on Illinois’s death row. His statement that “Our capital system is haunted by the demon of error: error in determining guilt and error in determining who among the guilty deserves to die” received wide coverage in the print and broadcast media. Other stories reported on individual cases of exoneration around the country, some occasioned by new DNA evidence and others by evidence of prosecutorial misconduct or racial bias among jurors. Between 2003 and 2006, there were 1,495 news reports and opinion pieces nationwide focusing on exonerations, and anti-death penalty op-eds, columns, and editorials far outweighed the pro side. Other flaws in the system, including prosecutorial misconduct, incompetent defense, and racial disparities also received increasing media attention during this period.

From 2007–2020: An Era Drawing to a Close

This period saw a marked increase in the number of police shootings of unarmed black men and an uptick in media coverage of these incidents. The frequency and number of police killings gave birth to the Black Lives Matter movement and a marked shift in the public’s consciousness about racial bias in the criminal justice system overall. In 1995, a majority of Americans believed the criminal justice system gave black people “fair treatment.” By 2007, the percentage that thought the system was “biased against Blacks” was on the rise, and between 1995 and 2015 it increased by almost 30 points.[9] This growing acceptance of the reality of systemic racial bias added to people’s disquiet over the death penalty.

By 2007, the efforts to shift the death penalty narrative began to bear fruit in the policymaking context. In December of that year, New Jersey became the first state to abolish capital punishment legislatively. (New York’s statute had been declared unconstitutional by the state’s high court in 2004.) New Jersey was followed by New Mexico (2009), Illinois (2011), Connecticut (2012), Maryland (2013), Nebraska (2015), Delaware (2016), Washington (2018), New Hampshire (2019), and Colorado (2020). In 2019 moratoriums were declared by the governors of four states: Pennsylvania, California, Oregon, and Colorado. The statements made by the governors explaining their reasons for suspending executions reflected the new narrative:

Our death penalty system has been, by all measures, a failure. It has discriminated against defendants who are mentally ill, black and brown, or can’t afford expensive legal representation. It has provided no public safety benefit or value as a deterrent. It has wasted billions of taxpayer dollars. But most of all, the death penalty is absolute. It’s irreversible and irreparable in the event of human error.

GOV. GAVIN NEWSOM, CA

This moratorium is in no way an expression of sympathy for the guilty on death row, all of whom have been convicted of committing heinous crimes. This decision is based on a flawed system that has been proven to be an endless cycle of court proceedings as well as ineffective, unjust, and expensive. Since the reinstatement of the death penalty, 150 people have been exonerated from death row nationwide, including six men in Pennsylvania.

GOV. TOM WOLF, PA

If the State of Colorado is going to undertake the responsibility of executing a human being, the system must operate flawlessly. Colorado’s system for capital punishment is not flawless.

GOV. JOHN HICKENLOOPER, CO

The death penalty as practiced in Oregon is neither fair nor just; and it is not swift or certain. It is not applied equally to all.

GOV. JOHN KITZHABER, OR

Important new voices joined the chorus. Former prison wardens who had overseen executions, including Ron McAndrew of the Florida State Prison at Starke, Ohio Corrections Director Reggie Wilkinson, and San Quentin Warden Jeannie Woodford, publicly express their opposition. Newspapers in death penalty states published powerful editorials. In 2008, the Dallas Morning News called upon Texas, with its hyperactive death chamber, to stop the executions: “It’s the view of this newspaper that the justice system will never be foolproof and, therefore, use of the death penalty is never justified.” That same year, the Richmond Times-Dispatch, which had long supported the death penalty, changed its position stating, “The government ought to limit itself to protecting the public—and ought to refrain from playing God.” In 2013, a group of conservative thinkers and publishers formed Conservatives Concerned About the Death Penalty under the banner, “We are questioning a system marked by inefficiency, inequity, and inaccuracy.”

Social media came to play a significant role in the narrative shift process, and the available data show a growing public engagement with the issue. Between January 2009 and December 2019, more than 11.6 million social media posts were generated making reference to the death penalty, capital punishment, and related terms, averaging roughly 88,000 posts per month. The first significant spike occurred in September 2011 preceding and following the execution of Troy Davis in Georgia.[10] Overall online engagement with the death penalty began a steady and sustained increase beginning in March 2015, reaching a peak in July 2019 when the Trump Department of Justice announced its plan to resume executions after an almost two decade de facto moratorium.

There were significant developments in the cultural field as well, most notably the publication of Bryan Stevenson’s book Just Mercy, recounting the racist railroading and eventual release from Alabama’s death row of his client, Fred McMillian. The book remained on The New York Times best seller list for more than a year, selling more than a million copies. A film based on the book, starring Michael B. Jordan and Jamie Foxx, was released in December 2019 to critical acclaim.

CONCLUSION

Slow but steady progress characterizes the narrative shift when it comes to the death penalty. Armed with a proactive communications strategy based on fundamental American values (in this case, fairness) this case study shows that advocates can change the story even when the dominant narrative is firmly embedded in the public consciousness.

The power of the new narrative was on display in the nationwide campaign to win a stay of execution for Rodney Reed, an African American man sentenced to death by an all white jury in Texas in 1998. Reed, who has always maintained his innocence, was scheduled to be executed on November 20, 2019, but an outpouring of public support won him an indefinite stay of execution so that he could introduce new evidence of prosecutorial misconduct. In the weeks leading up to the execution, nearly 3 million people signed a petition to stop it, and celebrities including Kim Kardashian, Beyonce, QuestLove, and Oprah Winfrey spoke out. Supporters protested outside Gov. Abbott’s mansion, and the governor received pleas from the Catholic Bishop of Austin, the European Union, and the American Bar Association. On November 8, 26 bipartisan members of the Texas House of Representative sent a letter to the governor seeking a reprieve to allow for DNA testing, followed by a similar call by a bipartisan group of 16 Texas state senators. On November 10, the Houston Chronicle published an editorial that opened with the simple declarative: “Don’t kill, wait.”

On November 15, just days before the scheduled execution, the Texas Court of Criminal Appeals, in what the press called a “stunning decision” and a “dramatic turn of events” issued an indefinite stay, directing the Bastrop County district court to review Reed’s claims that prosecutors suppressed exculpatory evidence and presented false testimony and that he is actually innocent. The campaign to spare Rodney Reed from the busiest death chamber in the country has amplified the narrative that the death penalty is fatally flawed.

In his 1972 concurring opinion in Furman v. Georgia, Justice Thurgood Marshall wrote, “Assuming knowledge of all the facts presently available regarding capital punishment, the average citizen would, in my opinion, find it shocking to his conscience and sense of justice.” Thirty years ago, the abolition movement set itself the task of educating the “average citizen” about the many flaws in the application of the death penalty, but the ultimate goal was always to “shock the conscience” to the point where the average citizen would find it morally unacceptable. Since 2001, the Gallup’s annual Values and Beliefs Survey has been asking the following question: “Do you believe that in general the death penalty is morally acceptable or morally wrong?” In 2019 60 percent said they still believed it was morally acceptable. Although still a majority belief, the percentage has dropped 10 points since 2005.

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1 Furman v. Georgia was brought by the NAACP Legal Defense and Education Fund.

2 https://www.youtube.com/watch?v=_vAKvlsKXHs

3 The Opportunity Agenda, “A New Sensibility: An Analysis of Public Opinion Research on Attitudes Towards Crime and Criminal Justice,” pp. 40–41. This publication can be found at www.opportunityagenda.org/explore/resources-publications/new-sensibility.

4 According to the NCADP’s publication, “A 30th Anniversary History,” 26 organizations comprised the new coalition at its birth. In addition to the ACLU, they included, most notably, the Southern Poverty Law Center, American Friends Service Committee, NAACP LDF, U.S. Jesuit Conference, United Presbyterian Church, and National Conference of Black Lawyers.

5 The NAACP Legal Defense and Education Fund (LDF) represented an African American man sentenced to death in Georgia for killing a white police officer during a robbery. On appeal, LDF presented the Court with statistical evidence showing that racial bias played a role in the state’s capital punishment system: African Americans were more likely to receive a death sentence, and African American defendants who killed white victims were the most likely to be sentenced to death. In a 5-4 decision, the Court held that the “racially disproportionate impact” shown by the statistics was not enough to overturn the guilty verdict without showing a “racially discriminatory purpose.”

6 By the end of the 1990s, eight people on death row had been exonerated and released as a result of DNA testing.

7 A writ of habeas corpus allows a defendant (now called the petitioner) to raise many issues that cannot be raised in an appeal because a writ is not limited to re-arguing points that were raised and lost below.

8 There was a brief uptick in support following 9/11.

9 New York Times/CBS News Poll on Race Relations in the U.S., July 23, 2015, https://www.nytimes.com/interactive/2015/07/23/us/document-new-york-timescbs-news-poll-on-race-relations-in-the-us.html. A 2019 poll of North Carolina voters showed that a majority (57 percent) believed it was likely that racial bias affected whether or not a person received a death sentence.

10 https://www.usatoday.com/story/news/politics/2020/06/08/survey-higher-percentage-us-agree-black-people-face-discrimination/3143651001/

11 https://www.nytimes.com/interactive/2020/06/10/upshot/black-lives-matter-attitudes.html?referringSource=articleShare

12 The execution of Troy Davis, who maintained his innocence, received massive media coverage and was highly controversial. World figures, including Pope Benedict XVI and former U.S. President Jimmy Carter, human rights groups, and commentators urged the execution to be halted.

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/.

We Can Thrive Together: Visioning Economic Justice for All

Art & Discussion Guide

We believe that ending poverty is within our reach, and that we have both the power and responsibility to do so. Unfortunately, persistent economic hardship is a pervasive, complicated issue with roots that grow deep into the fabric of our country, driven by a history of racism, classism, and gender inequality. All of this can make talking about poverty very difficult.

This is why we partnered with Amplifier to create We Can Thrive Together: Visioning Economic Justice for All, an Economic Justice discussion guide that includes ten original works of art by Alex Albadree, Noa Denmon, and Rommy Torrico. These materials are open source, to be used by activists, cultural strategists, teachers, and youth across the country in a rising movement for Economic Justice. Amplifier has also developed four distinct lesson plans on Economic Justice, which will be distributed to 15,000 teachers across the country for their 2021 virtual curricula. (If you are interested in these lesson plans, please see the bottom of this page)

We Can Thrive Together: Visioning Economic Justice for All is designed to start a conversation about what Economic Justice looks like and how to achieve it. It is also a call to action.

Discussion Guide (English)
Guía de Discusión (Español)

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Shifting the Narrative: Lessons Learned

Advocates have long understood the centrality of storytelling to building power, as well as winning both short term victories and long-term systemic change. Both research and lived experience consistently show that stories and language play a significant role in shaping our views of the world and, ultimately, the policies we support. These “big stories” or “narratives” about the world around us can either be a wind in our face, making advances in social justice extremely difficult or impossible, or they can be the wind in our sails, propelling us forward to victories and new frontiers of liberation.

Over the last several years, many social justice leaders have begun to actively engage in strategies designed to shift, counter, or replace prevailing narratives about social issues, the economy, our history, and other stories that shape and influence culture and policy.

But exactly how does narrative shift success happen? Are there key factors which organizers can learn and replicate? Or are they a mixture of luck and strategy?

The Opportunity Agenda is a social justice communications lab dedicated to helping movement leaders use their ideas to improve our world. We conducted a six-part study to look closely at a range of key narrative shifts over the past 70 years to answer those questions.

In Shifting the Narrative, our research and work set out to identify essential and replicable elements of past successful narrative change efforts by engaging in deep research of thousands of documents, and interviewing a diverse cadre of leaders who played a critical role in making those shifts happen, as well as academics and journalists.i

To this end, we chose the following six examples to study, from long-term efforts that resulted in shifts to both cultural thinking and policy, to shorter-term, focused campaigns. For most, we studied efforts that resulted in social justice wins or improvements. In one case, our examination of narratives related a governmental role in supporting economic justice, we looked at how the prevailing narrative shifted against us:

1. Narrative Shift and the Death Penalty. Shifting public understanding of the role of innocence in a campaign to eventually end the use of the death penalty.

2. Narrative Shift: From the War on Poverty to “Ending Welfare as We Know It.” Examining the conservative response to New Deal programs enacted to eliminate persistent poverty.

3. Documentary Film and The Blackfish Effect. Exploring the role of a documentary film in public perception of the treatment and ethics of keeping animals in captivity.

4. Sexual Violence, The #MeToo Movement, and Narrative Shift. Studying the recently amplified campaign designed to bring attention to long-standing issues of sexual harassment and assault.

5. Gun Politics and Narrative Shift. Tracking the long-term narrative-shift effort to enact gun control measures.

6. Narrative Shift and the Campaign to End Racial Profiling. Moving from the “bad apple cop” to examining systemic racism.

Lessons Learned

At The Opportunity Agenda, we define narrative as a Big Story, rooted in shared values and common themes, that influences how audiences process information and make decisions. Narratives are conveyed not only in political and policy discourse, but also in news media, in popular culture, on social media, and at dinner tables across communities.

Here are key lessons learned or reinforced by Shifting the Narrative followed by the specific studies which best illustrate each lesson:

  • Narrative shift transcends messaging shifts and take longer. Narratives are not shortterm, single-audience-focused messages, but rather larger stories that often transcend any one campaign for policy change. Importantly, narratives shape the way audiences understand the context in which campaigns for policy change take place.For instance, in the case of the shift in public perceptions of gun control efforts in Virginia, the narrative challenge was not overcoming a lack of public support for gun control policies. In this case, most of the public supported gun control legislation but that public support was not resulting in policy change. The barrier to victory was the narrative that the National Rifle Association (NRA) was a credible and insurmountable obstacle to any such legislation. In the context of that narrative, efforts to pass gun control legislation died on the vine despite having public support. By intentionally undermining the credibility of the NRA by telling stories of mismanagement and incompetence over time, while also running pro-gun control candidates who won in the region, Virginia activists were able to weaken the prevailing narrative of the NRA being all powerful. The shift helped gun control supporters to see that Goliath could be defeated and energized them to introduce and pass legislation.Case Studies to Reference: Narrative Shift and the Death Penalty; Narrative Shift: From the War on Poverty to “Ending Welfare as We Know It; Gun Politics and Narrative Shift; Narrative Shift and the Campaign to End Racial Profiling.
  • Narrative shift efforts are difficult to evaluate. Because narratives happen over long periods of time and may not be focused on one specific outcome, evaluating the causality between a successful narrative shift and the strategies designed to shift it, can be particularly challenging. Over the long-term, changes in storytelling and language happen amidst an ever-changing landscape of environmental factors like political developments, economic trends, demographic shifts, cultural developments, and so on. Under these circumstances, narrative shift strategies are constantly affecting, and being affected by, the world around them. Because of this, pinpointing the precise moments in time when narrative shifts have happened is nearly impossible.Also complicating evaluation efforts is the fact that the field of narrative strategy research is relatively new. Therefore most, if not all, of the leaders we interviewed did not necessarily consider themselves to be engaged in a “narrative strategy” at the outset of their work. Narratives can often outwardly appear static for many years and then can appear to suddenly shift over a short period of time. This can make it difficult for people to observe the change they are making in the moment or to know precisely which activities are serving as the catalyst for change as they happen. Additionally, the effects of campaigns for social change often intersect with one another across issue areas. Because of this, social change leaders who are working in one issue area may inadvertently be playing a significant role in shifting narratives in areas they are not setting out to impact.Case studies to reference: Narrative Shift and the Death Penalty; Narrative Shift: From the War on Poverty to “Ending Welfare as We Know It; Gun Politics and Narrative Shift.
  • We must tell our own affirmative story, not just react to bad, dominant narratives. The investment in long-term thinking is crucial to any movement’s engagement in narrative shift. With this mindset, the challenge of shorter-term setbacks or unexpected headlines becomes how to build them into our own affirmative narrative, not how to deal with each individually. The latter often results in the outlay of significant time and resources to play a scattered defensive role instead of using each moment to bolster our longterm, affirmative story. In the case of the death penalty, advocates found themselves on the defensive throughout the 1980’s as media coverage about, and thus the public’s fear of, crime increased and intensified. Activists were primarily engaged in a series of legal fights, generating legal arguments, and gathering data as their strategy to challenge the death penalty. Advocates then realized that regardless of the number of court cases won, they had no hope of ending the death penalty amid a dominant narrative of increased crime and fear – they had a narrative problem on their hands. If activists could not get public opinion on their side, proponents of the death penalty would find new ways to pass laws enshrining the policy despite the mounting individual legal victories. By moving to a pro-active narrative strategy focused activists’ efforts on racial disparities and unfairness in its application, advocates were able to increase the public’s unease with the death penalty more than the previous strategy of amassing a string of court cases did.Case Studies to Reference: Narrative Shift and the Death Penalty; Sexual Violence, The #MeToo Movement, and Narrative Shift; Narrative Shift and the Campaign to End Racial Profiling.
  • Social justice narratives must not shy from discussions of race. If those of us committed to social justice, fairness and true opportunity do not talk about race, we cede that conversation to the other side. For example, for a long time, advocates working on antipoverty policies did not address the racialization of poverty in a unified way, leaving the opponents of public benefits nearly unchallenged to use race in their drive to “end welfare as we know it.” While people did call out the “welfare queen” trope, it successfully persisted nonetheless without a directed, purposeful conversations about the historic and systemic causes of poverty and racial disparities in income and wealth. But those working on criminal justice reform – in the cases of racial profiling and the death penalty – realized they had to clearly discuss racial biases and disparities. If they did not, the myth of “Black criminality” would continue to successfully dominate conversations and meaningful, equitable reform would be out of reach.Case Studies to Reference: Narrative Shift and the Death Penalty; Narrative Shift and the Campaign to End Racial Profiling; Narrative Shift: From the War on Poverty to “Ending Welfare as We Know It”

Moving Forward

There are approaches that those seeking to engage in narrative change strategies for justice can adopt to smooth the way for success.

First, narrative work takes long-term investment and a commitment to collaboration. Projects seeking to popularize a slogan or secure only an isolated policy win can be a part of a narrative strategy, but only if they are developed and executed in collaboration with other projects that build toward shared narrative goals. This means that spaces for those engaging in narrative work to collaborate and strategize are a much needed, and yet currently rare, resource.

Second, the development of frameworks and evaluation strategies that utilize well-defined benchmarks will be important contributions to the future of the field. The more that social justice communicators can agree on what comprises a narrative, and where we think we can see success along the path, the better we will be able to craft successful and collaborative narrative change strategies.

That said, while a shared agreement of form and definitions among those expressly inhabiting the young and growing field of narrative strategy are important, it is also crucial that a broad range of people can see themselves as part of any strategy. In the cases we studied, many people were engaging in narrative strategy who would never call it that. Our terms and approaches need to be accessible to people who do not see themselves as “narrative strategists,” or “communications experts.” We should find ways to make the case for the practical importance of narrative strategy to attract key collaborators and be effective in crafting strategies with them, while avoiding a reliance on jargon, formulas, or unwieldy definitions.

Finally, we need to tell the stories we want to tell rather than chasing behind current prevailing narratives just to argue with or shift them. By analyzing their opponents’ strengths and weaknesses, and then telling their own, affirmative story, we saw a wide range of advocates reshape the prevailing narrative in ways that put their goals and policies for justice on stronger ground. Using long range, affirmative narrative strategies, we can weaken the power of antijustice narratives and propel our campaigns toward victory.


i “Shifting the Narrative.” The Opportunity Agenda. Published 2021. https://opportunityagenda.org/messaging_reports/shifting-the-narrative/

Shifting the Narrative

INTRODUCTION

Both research and our lived experience consistently show that the language we use and the stories we tell play a significant role in shaping our views of the world and, ultimately, the policies we support. As the concept of “narrative” has grown in prominence within the advocacy space, more stakeholders are recognizing the centrality of storytelling to systemic change. But how do we define narrative and the elements that contribute to a successful narrative change strategy? Is change inevitable or the product of coordinated efforts that are possible to replicate?

At The Opportunity Agenda, we define narrative as: a Big Story, rooted in shared values and common themes, that influences how audiences process information and make decisions. Narratives are conveyed not only in political and policy discourse, but also in news media, in popular culture, on social media, and at dinner tables across communities.

To lay the groundwork for a sustained 21st century narrative change effort promoting mobility from poverty, criminal justice reform, and opportunity for all, The Opportunity Agenda embarked on a six-part narrative research study, with the aim of identifying the essential and replicable elements of past successful efforts, gleaning the insights captured in academic literature, consulting with diverse leaders from practice, and sharing our analysis and recommendations broadly with the field.

To this end, we chose a range of narrative-shift examples to study. Some were long-term narrative-shift efforts that resulted in shifts to both cultural thinking and policy; others were shorter-term, single-issue–focused campaigns with a particular policy goal that required a shift in narrative to achieve.


Across efforts, it is clear that narrative change does not happen on its own, particularly around contested social justice issues. It typically results from a sophisticated combination of collaboration, strategic communications tactics, and cultural engagement, all attuned to key audiences and societal trends. It requires both discipline and investment. The involvement of people whose lives are directly impacted by the narrative change being attempted is critical in the development and deployment of strategy. The process is a feedback loop because shifting narratives over time requires listening and learning from what is and is not working and incorporating that back into movement goals, more refined research, and narrative evolution.

External circumstances change, moreover, requiring recalibration and, sometimes, reformulation. A human rights narrative that worked before the events of Sept. 11, 2001, for example, would have to evolve in the years immediately after those events. Conversely, a more populist and transformative economic justice narrative became possible after the economic crisis and rising inequality of the past decade. Ignoring those seismic changes risks clinging to a narrative that has become out of date.

Among these very divergent and diverse case studies, there are consistent tactics, trends, and revelations that we found throughout. We believe that the recommendations below, as determined through our analysis, can provide social justice advocates, policymakers, activists, and media commentators with insight into the elements of successful narrative shift efforts, as well as recommendations about what to consider when undertaking such campaigns.

…narrative change does not happen on its own, particularly around contested social justice issues. It typically results from a sophisticated combination of collaboration, strategic communication tactics, and cultural engagement, all attuned to key audiences and societal trends.

Talking About the Attacks on Critical Race Theory

Narrative Principles for Promoting Truth in Education & How to Tell the Story about our Country

Our nation has been forced to reckon with its history of racial oppression, particularly after the tragic and senseless circumstances surrounding the deaths of George Floyd, Breonna Taylor, Ahmed Arbery, and many others.  Millions have protested in the streets, on a global scale, to demand the elimination of racially biased policing and the respect for Black lives. Corporations, school districts, nonprofits, institutions of faith, and others have declared their commitment to recognizing that “Black Lives Matter.”

In the wake of what has been considered by many a national racial reckoning, there has been opposition against efforts to educate the public, including our children in schools, about this country’s legacy of racial inequality. The most prominent of this opposition includes efforts to ban and demonize “critical race theory,” a legal theory that emerged in the 1980s by scholars in legal academic literature. Simply put, critical race theory is a theory about the law that recognizes that racism has been a core feature of American history. As a theory, it is primarily discussed within legal scholarship. However, conservatives have labeled any approach to education that recognizes this nation’s history as “critical race theory,” distorting its definition and concurrently distracting the public from efforts to undermine inclusive participation in our democracy through limits on voting and other aspects of civic participation (e.g., undermining the U.S. Census and efforts to consider racial factors in redistricting), as well as the promotion of false narratives about the so-called, “fairness and accuracy of” the 2020 election.

This memorandum provides recommendations for addressing the attacks on critical race theory and the misinformation being promoted around it. As is the case in the majority of our recommendations, The Opportunity Agenda believes that social justice communicators must tell an affirmative and aspirational story about the importance of education that reflects our diverse racial and ethnic backgrounds, which includes aspects of our history that are tough or challenging to discuss, but nonetheless important to touch on with honesty about our country’s legacy of racial injustice. This advice is informed by our past experience and research on communicating effectively about racial and social justice.

General Advice

1. Acknowledge that most audience don’t know what critical race theory is. Critical race theory was developed by legal scholars in the late 1970s and 1980s, and it examines how the law reproduces racism. While critical race theory includes a diverse array of perspectives, some of its core tenets include (1) an acknowledgement that race is a socially-constructed phenomenon rather than a biological fact; and (2) racism is a core feature that permeates American legal and social structures rather than an aberration. As a legal theory, it is most commonly debated within legal and academic circles, and most audiences are not very familiar with its principles. Nevertheless, critical race theory has become a symbol for conservatives, and this body of legal theory is being redefined through divisive rhetoric. Those who decry critical race theory are particularly concerned about education on our nation’s factual history of colonialism, slavery, and racial segregation. The concern is less about “critical race theory” per se than a truthful retelling of history that acknowledges this country’s shortcomings, or, as some put it, greatest sins.

We advise that communicators briefly explain what critical race theory is (e.g., critical race theory is a legal theory that recognizes that racism has been a core feature of American history, which has shaped American laws and society) but spend most of your time emphasizing the need for a truthful recounting of our history in order for us to get to racial healing. The Opportunity Agenda agrees with the basic reminder that in order to heal, one must first diagnose and discuss the malady.

2. Focus on how the refusal to tell the full truth about our history undermines our shared values. It’s important to find ways to engage on a level that can connect with audiences who are unfamiliar with critical race theory, and a great way to do this is to focus on values. While most audiences are probably unfamiliar with the history and content of critical race theory, they are generally familiar with our country’s legacy of slavery and racial inequality. They know that slavery existed and that there was a reconstruction, and a continuing Civil Rights Movement that began by contesting Jim Crow laws. Most Americans know that these events occurred.

Remind audiences that banning education about our racial history, which these bans on “critical race theory” seek to do, undermine our efforts to promote shared values like equal justice, honesty, opportunity, and basic compassion. For example, remind people of the kind of country we want to be and draw on how our best ideals mean that we be truthful about our past. We have come a long way, and we can only continue to move forward by confronting our past shortcomings. Discuss how these attacks undermine these shared values and others including: Free Speech, Education, Fairness, and Opportunity.

3. Tell an affirmative story about the importance of inclusive education that allows us to confront our history as a nation. Explaining the details of how K-12 schools don’t teach “critical race theory” is not as powerful as affirmatively stating what type of education we should be striving for and what our opponents are really trying to do: eliminate a truthful recounting of history, which is necessary for us to finally overcome our country’s legacy of racial inequity. Remember that engaging the opposition arguments and myth busting on critical race theory also serves to feed into the conversation that opponents have started and are shaping. Talk about our goals instead: we should aim for an education system that is inclusive, reflects diverse perspectives, and facilitates an equitable future. Spending too much time “myth busting” or telling audiences that schools don’t teach critical race theory, only repeats the phrase and strengthens it in audiences’ minds.

4. Connect the attacks on critical race theory to the attacks on racial and social justice more broadly. Right now, there is a coordinated effort to undermine this country’s democracy as conservatives launch a cultural war on critical race theory, among other imagined “woke” threats. These provide a useful distraction from the current unprecedented threat to democracy. Racial and social justice advocates should connect the attacks on critical race theory to the attacks on participation in our democracy and on how they amount to attempts to concentrate power in voting blocks that are white while limiting the power of new citizens or people of color. They are attempts to undermine social justice and progress, and they share a collective goal to uproot democracy. The cultural attacks on “critical race theory” are a distraction from the social and political attacks on our democracy. Be explicit about this.

5. Discuss the importance of the values of Honesty, Truth, and Free Speech. As the population of children in this country becomes increasingly diverse, efforts to ban a full and truthful accounting of our country’s history ensures that children will not learn about their peoples’ own histories. Efforts to equip children to thrive in a diverse society will be undermined if these bans persist. Attempts to ban racially inclusive education also violate the free speech rights of educators who want to talk about the truth; they encourage a dishonest accounting of our nation’s history; and they promote disinformation and dishonesty. We can’t work together if we can’t even be honest about where we’ve been. We must ensure that the history that is taught celebrates ethnic diversity and acknowledges that slavery was a part of this country’s legacy so we can learn from the past rather than hide from it.

6. Pivot to solutions and action. The early reporting on this issue was lackluster to the extent that it reflects a lack of knowledge about critical race theory and general confusion about how to respond to the attacks. There has been little focus on the solutions for this issue or the path forward.  It is therefore important to discuss the constitutional values that are threatened by these attacks (Free Speech and First Amendment protections) and how they are inconsistent with our Constitution and the spirit and values of our democracy.  Advocates should provide ways for ensuring that education becomes inclusive and emphasize that despite the rhetoric about critical race theory, we still have a way to go to make education more inclusive. Promote your solutions for providing an education that promotes an equitable society.

Values to Lead With

1. Honesty and Truth: In order for this country to achieve racial healing, we must be honest about what has ailed our nation and how far we have come, and how far we still have to go.  Being truthful about where we have been as a country can be challenging, but it is also rewarding if we consider how far we have come. While we still have a long way to go, discussing this history provides guidance on how we can continue to make progress toward racial justice.

2. Inclusivity: Equal justice is a founding principle for this country, and it requires that we strive to create an inclusive environment where everyone can learn about their and other cultures and histories at school.

3. Education: Our schools should be places where young people learn the skills to thrive in our increasingly diverse society. They should learn about each other’s culture and should leave schools equipped to thrive with these teachings so that we can ensure that our modern society is forward-thinking and learns from the past.

Five Strategies for Talking About Anti-Asian Racism

The past year has seen a marked increase in anti-Asian attacks across the country. And while words alone cannot address, heal, or prevent the damage that these cause, shaping and promoting narratives about equity, justice, dignity and respect does shift attitudes and culture over time. In that spirit, we offer five strategies for talking about anti-Asian hate, knowing that these are not sufficient alone, but are a place to start when tackling the long-term narrative shift work that helps to create a more just and equitable world.

This memo was written with consultation and guidance from Gregory Cendana, president and co-founder of Can’t Stop! Won’t Stop! Consulting, and AJ Titong, partner and consultant at [re]imagine collective.

1. Paint a vision that your audience wants to support and engage with: where anti-Asian American and Pacific Islander (AAPI) racism has no place.

While audiences are accustomed to hearing about the harms of racism and, more recently, are becoming aware of the different and ongoing impacts of anti-Asian racism, they are less likely to be familiar with a positive anti-racism vision, rooted in shared values, that they can embrace. If we start our communications with a shared vision of what our country should be: a safe, inclusive place of participation and belonging where everyone’s rights are protected and respected, we can frame anything that gets in the way of that as a pressing issue.

We inherently understand that violence is the opposite of safety, bigotry violates our human rights, microaggressions make true feelings of belonging impossible, and political entities trying to divide us by race are an ongoing barrier to a national community where everyone can participate equally with justice, which should be a shared goal. Drawing those lines explicitly gives audiences some glimmer of hope and can help set them up for long-term participation in a range of solutions.

We need to frame barriers to this vision of becoming an anti-racist society as problems we must all solve. Doing this ties anti-Asian racism to the larger struggle, solidifying the lines of allyship and creating ways to link to Black, Latinx, Pacific Islander, and Native voices without directly comparing or ranking experiences or scapegoating.

Example:

A beautiful thing about this country is its multiracial character. But right now, we’ve got diversity with a lot of segregation and inequity. I want to see a truly inclusive society. I think we will always struggle as a country toward that—no postracial society is possible or desirable—but every generation can make progress toward that goal.[1]

– Rinku Sen, Race Forward, to NBC News

We have spoken out before, and we speak out now to express our solidarity and support, even as we seek to build and sustain a campus community where everyone feels welcome, respected and safe. We also must stand and work together with all who believe in and are committed to a peaceful, equitable world where justice is pursued.[2]

– Chancellor Carol Christ, University of California, Berkeley

2. Move to the Problem. Opening conversations with a shared vision gives audiences a destination. Walking them there is the next challenge. We must have the hard conversations about why and how anti-Asian racism exists, how it differs from other forms, and the particular harms it causes. This is where the advice becomes maybe the most complicated, and the need for balance is clear.

Acknowledge intersectionality—that people experience racism differently based on the multiple identities they hold. Experiencing poverty, misogyny and racism, for instance, poses its own set of challenges and it’s important that we’re clear about that with audiences. Any of these oppressions stand in the way of the country we want to build, but the solutions to them are different.

Be aware, and careful not to further, the “model minority” myth – the notion that many Asian Americans work harder or are somehow better than other racial groups. It’s more powerful and effective to focus on the values we all share – as we all want to be able to provide for our families, see our children get a good education, and to be treated with dignity and respect.

Acknowledge diversity within the larger Asian American community. While people of Asian descent account for a smaller percentage of the population than other racial groups, they are the fastest growing, are not a monolith, and are arguably among the most diverse communities in terms of countries of origin, religion, immigration or refugee status, and culture. They consist of approximately 50 ethnic groups speaking over 100 languages. What Asian Americans share is that the U.S. is home, and they deserve to be treated with dignity and respect and included in the larger fabric of this county. However, that means different things to different groups. For example, while some immigrated here, others are refugees who were fleeing violence in their home countries, which can be markedly different experiences. It’s important to acknowledge such distinctions in history and experience. Similarly, Asian Americans experience things differently based on where they live in the country. It’s crucial to pull this out in our messaging and highlight the diverse practices, philosophies, and experiences that comprise the Asian American identity, while always pointing back to the shared values and the shared desire and right to be treated with dignity and respect.

But be careful and strategic in how you draw distinctions. It is critical to avoid further othering of Asian and Asian American communities, and to instead bring all forms of racism and oppression into focus for what it is: anti-people.

  • One way to do this is to start communications with the bigger shared vision of a society where racism has no place, and to declare that this is something the vast majority of us want in this country. Then remind audiences that to achieve it, we have to eradicate all forms of racism, including the specific kinds Asian and Asian American communities face here, the different ways they experience it, and the different solutions required.
  • Another way is to include other identities in descriptions: mothers, workers, students, neighbors etc. to underscore the many facets of ourselves.

Strategically bring people to solutions and action. While many white people in the U.S. have signaled a newfound readiness to talk about racism and oppression, and BIPOC communities have been having those conversations for generations, it can still be a challenge for many audiences to understand how we can work to dismantle racist systems and prevent individual actions that perpetrate these systems. A starting point is to center on solutions that are specific to your audience and explain how and why they work. What does good allyship look like? How will this policy change people’s lives? How can people check their own behaviors? How are those directly impacted and most marginalized informing your actions and the organizations of causes you are supporting

Example:

Too often, racist policies at home and abroad pigeonhole Asian women, immigrant women, and poor women into unprotected, low-wage jobs — including as massage workers in spas even in the midst of a global pandemic — where they are subject to racist and sexist abuse on a daily basis, whether from their customers, employers or police. Violence against Asian American women— regardless of their country of origin or citizenship status — is not new. Racist narratives have exotified, fetishized and hypersexualized Asian women. As Georgia state Rep. Bee Nguyen said, Asian women constantly experience brutality at the “intersection of gender-based violence, misogyny and xenophobia.”

The core element of discrimination and bias, whether based on race, gender, nationality, or other characteristics, is the dehumanization and “othering” of people. This assumes all individuals within these categories are the same and are all of less value than those making these judgments. Many times, multiple forms of “othering” converge to target the most vulnerable intersections of these identities. The dehumanization of these women was personified when the killer justified the murders as the result him just having a bad day.[3]

– The Racial Equity Anchor Collaborative

As sociologists, we have studied racism and its consequences for over a century. Our studies have taught us to recognize myriad forms of racism and its intersection with other forms of oppression. It is clear that the historic and contemporary discrimination and violence against Asians in America are deeply rooted in anti-Asian racism. Yet, anti-Asian racism is too frequently rendered invisible. We have heard from our Asian and Asian American colleagues, students, and community members about the virulent racism they experience daily. We stand in solidarity with the Asian and Asian American community.[4]

– The American Sociological Association

3. Consider Audience and Goals. People in the U.S. are coming to conversations about anti-Asian racism from a range of viewpoints and experiences. Some may have only read about specific incidents and yet not understand the broader problem. Others may consider themselves allies in the fight to dismantle systemic racism, but don’t know what specifically to do about recent anti-Asian hate crimes. And some have first-person experiences, and may have trouble seeing what, if anything, could make things better. If the purpose of our messages is to move any of these groups to action, it’s important to choose the vocabulary, stories, metaphors and spokespeople that work for each specific audience. While we want to draw on the same vision and values in order to promote a common narrative of inclusiveness, belonging, safety, and community, we’ll likely promote it slightly differently. In other words, there is no such thing as general public when identifying our audience.

4. Know the counter narrative and do not reinforce it. Some anti-Asian themes consistently emerge in the media, pop culture, and other conversations. While we probably feel like these are quite familiar, they aren’t to all audiences. Though we need to understand where themes like “the model minority” or racist references to COVID-19 developed, we don’t need to spend too much time repeating these problematic phrases or mindsets, which just gives them more airtime. Instead, we should consider how to condemn the thinking behind false narratives, such as the need to divide communities of color against each other and disrupt allyship, the need for othering people, particularly based on heritage, the need to divide people into “deserving” and “undeserving.” By finding ways to consistently counter these harmful ideas, we can change the conversation.

5. Listen to and center the voices of Asian and Asian American communities. As social justice advocates, we should be accustomed to centering the voices of those who are most affected by any issue. It should go without saying that when talking about anti-Asian racism, Asian American community members should lead the strategies on how to counter it. We must also ensure we are engaging those across the diaspora including but not limited to Brown and Black Asians, South Asians and Southeast Asians.

This means taking cues from Asian and Asian American leaders on things like preferred language and strategy. For instance, a common strategy to elevate victims of racist violence is to “say their name,” but not only does this misalign with some Asian cultural practices and traditional grieving, this approach appropriates from a movement meant to honor Black women and Black trans women.

Centering the voices of Asian Americans does not mean that they are the only people responsible for talking about this. Nor does it mean that it’s the only thing they’re responsible for talking about. When it comes to racial justice, none of us will progress as far as we need to without solid allyship and deeper understandings of each other. In fact, we know that an approach that has worked for one movement may not work for another for many reasons including history, community cultures, and power dynamics. Deep listening and sincere allyship mean understanding how and when we can all play the most effective role in the larger struggle, whether it be leadership, support, marching together, or spotlighting each other’s efforts.

Ten Lessons for Talking About Race, Racism, and Racial Justice

Updated July 2020

As we strive to improve conversations about race, racism, and racial justice in this country, the environment in which we’re speaking seems to be constantly shifting, which shows that these conversations are more important than ever. We’ve put together some advice on finding entry points based on research, experience, and the input of partners from around the country. This is by no means a complete list, but it is a starting point for moving these discussions forward.

Please note that while there are many reasons to communicate with various audiences about racial justice issues, this memo focuses on messaging with the primary goal of persuading them toward action. There are many times when people need to communicate their anger, frustration, and pain to the world and to speak truth to power. Doing so may not always be persuasive, but that obviously doesn’t make it any less important. Since we’re considering persuasion a priority goal in this memo, please consider the following advice through that lens.

1. Lead with Shared Values: Justice, Opportunity, Community, Equity

Starting with values that matter to your audience can help people to “hear” your messages more effectively than dry facts or emotional rhetoric would. Encouraging people to think about shared values encourages aspirational, hopeful thinking. When possible, this can be a better place to start when entering tough conversations than a place of fear or anxiety.

Sample Language:

Sample 1: To work for all of us, the people responsible for our justice system have to be resolute in their commitment to equal treatment and investigations based on evidence, not stereotypes or bias. But too often, police departments use racial profiling, which singles people out because of their race or accent, instead of evidence of wrongdoing. That’s against our national values, it endangers our young people, and it reduces public safety. We need to ensure that law enforcement officials are held to the constitutional standards we value as Americans—protecting public safety and the rights of all.

Sample 2: We’re a better country when we make sure everyone has a chance to meet their full potential. We say we’re a country founded on the ideals of opportunity and equality and we have a real responsibility to live up to those values. Discrimination based on race is contrary to our values and we need to do everything in our power to end it.

2. Use Values as a Bridge, Not a Bypass.

Opening conversations with shared values helps to emphasize society’s role in affording a fair chance to everyone. But starting conversations here does not mean avoiding discussions of race. We suggest bridging from shared values to the roles of racial equity and inclusion in fulfilling those values for all. Doing so can move audiences into a frame of mind that is more solution-oriented and less mired in skepticism about the continued existence of discrimination or our ability to do anything about it.

Sample Language:

It’s in our nation’s interest to ensure that everyone enjoys full and equal opportunity. But that’s not happening in our educational system today, where children of color face overcrowded classrooms, uncertified teachers, and excessive discipline far more often than their white peers. If we don’t attend to those inequalities while improving education for all children, we will never become the nation that we aspire to be.

Example:

A beautiful thing about this country is its multiracial character. But right now, we’ve got diversity with a lot of segregation and inequity. I want to see a truly inclusive society. I think we will always struggle as a country toward that—no post-racial society is possible or desirable—but every generation can make progress toward that goal. – Rinku Sen, Race Forward, to NBC News[1]

3. Know the Counter Narratives.

Some themes consistently emerge in conversations about race, particularly from those who do not want to talk about unequal opportunity or the existence of racism. While we all probably feel like we know these narratives inside out, it’s still important to examine them and particularly to watch how they evolve and change. The point in doing this is not to argue against each theme point by point, but to understand what stories are happening in people’s heads when we try to start a productive conversation. A few common themes include:

  • The idea that racism is “largely” over or dying out over time.
  • People of color are obsessed with race.
  • Alleging discrimination is itself racist and divisive.
  • Claiming discrimination is “playing the race card,” opportunistic, hypocritical demagoguery.
  • Civil rights are a crutch for those who lack merit or drive.
  • If we can address class inequality, racial inequity will take care of itself.
  • Racism will always be with us, so it’s a waste of time to talk about it.

4. Talk About the Systemic Obstacles to Equal Opportunity and Equal Justice.

Too often our culture views social problems through an individual lens – what did a person do to “deserve” his or her specific condition or circumstance? But we know that history, policies, culture and many other factors beyond individual choices have gotten us to where we are today.

When we’re hoping to show the existence of discrimination or racism by pointing out racially unequal conditions, it’s particularly important to tell a full story that links cause (history) and effect (outcome). Without this important link, some audiences can walk away believing that our health care, criminal justice or educational systems work fine and therefore differing outcomes exist because BIPOC (Black, Indigenous, and/or People of Color) are doing something wrong.

Example:

“The widely-discussed phenomenon of ‘driving while black’ illustrates the potential abuse of discretion by law enforcement. A two-year study of 13,566 officer-initiated traffic stops in a Midwestern city revealed that minority drivers were stopped at a higher rate than whites and were also searched for contraband at a higher rate than their white counterparts. Yet, officers were no more likely to find contraband on minority motorists than white motorists.” – The Sentencing Project publication, “Reducing Racial Disparity in the Criminal Justice System: A Manual for Policymakers”[2]

“Native Americans and Alaska Natives are often unable to vote because there are no polling places anywhere near them. Some communities, such as the Duck Valley Reservation in Nevada and the Goshute Reservation in Utah, are located more than 100 miles from the nearest polling place.” – Julian Brave NoiseCat, Native Issues Fellow at the Huffington Post[3]

5. Be Rigorously Solution-Oriented and Forward-Looking.

After laying the groundwork for how the problem has developed, it’s key to move quickly to solutions. Some people who understand that unequal opportunity exists may also believe that nothing can be done about it, leading to “compassion fatigue” and inaction. Wherever possible, link a description of the problem to a clear, positive solution and action, and point out who is responsible for taking that action.

Sample Language:

Sample 1: Asian Americans often face particularly steep obstacles to needed health care because of language and cultural barriers, as well as limited insurance coverage. Our Legislature can knock down these barriers by putting policies in place that train health professionals, provide English language learning programs, and organize community health centers.

Sample 2: The Department of Justice, Congress, local and state legislatures, and prosecutors’ offices should ensure that there is fairness in the prosecutorial decision-making process by requiring routine implicit bias training for prosecutors; routine review of data metrics to expose and address racial inequity; and the incorporation of racial impact review in performance review for individual prosecutors. DOJ should issue guidance to prosecutors on reducing the impact of implicit bias in prosecution.[4]

Example:

“Organizing to achieve public policy change is one major aspect of our larger mission to create freedom and justice for all Black people. Our aim is to equip young people with a clear set of public policy goals to organize towards and win in their local communities.” –BYP 100, “Agenda to Keep Us Safe,” website[5]

6. Consider Audience and Goals.

In any communications persuasion strategy, we should recognize that different audiences need different messages and different resources. In engaging on topics around race, racism, and racial justice, this is particularly important. We all know that people throughout the country are in very different places when it comes to their understanding of racial justice issues and their willingness to talk about them. While white people in particular need anti-racism resources and messaging that brings them into conversations about racism, there exists uncertainty or inexperience in other groups when it comes to talking about, for instance, anti-Black racism, stereotypes around indigenous communities, or anti-immigrant sentiments that are highly racialized. In strategizing about audience, the goal should be to both energize the base and persuade the undecided. A few questions to consider:

Who are you hoping to influence? Narrowing down your target audience helps to refine your strategy.
What do you want them to do? Determine the appropriate action for your audience and strategy. Sometimes you may have direct access to decision makers and are working to change their minds. Other times you may have access to other people who influence the decision makers.
What do you know about their current thinking? From public opinion research, social media scans, their own words, etc.
What do you want to change about that? Consider the change in thinking that needs to happen to cause action.
Who do they listen to? Identify the media they consume and the people who are likely to influence their thinking. This may be an opportunity to reach out to allies to serve as spokespeople if they might carry more weight with certain audiences.

7. Be Explicit About the Intertwined Relationship Between Racism and Economic Opportunity and the Reverberating Consequences.

Many audiences prefer to think that socio-economic factors stand on their own and that if, say, the education system were more equitable, or job opportunities more plentiful, then we would see equal opportunity for everyone. Racism perpetuates poverty among BIPOC and leads these communities to be stratified into living in neighborhoods that lack the resources of white peers with similar incomes. That said, we need to be clear that racism causes more and different problems than poverty, low-resourced neighborhoods or challenged educational systems do and that fixing those things is not enough. They are interrelated, to be sure, but study after study, as well as so many people’s lived experiences, show that even after adjusting for socio-economic factors, racial inequity persists.

Example:

Black boys raised in America, even in the wealthiest families and living in some of the most well-to-do neighborhoods, still earn less in adulthood than white boys with similar backgrounds, according to a new study that traced the lives of millions of children.

White boys who grow up rich are likely to remain that way. Black boys raised at the top, however, are more likely to become poor than to stay wealthy in their own adult households.

Even when children grow up next to each other with parents who earn similar incomes, black boys fare worse than white boys in 99 percent of America. And the gaps only worsen in the kind of neighborhoods that promise low poverty and good schools.[6]

8. Describe How Racial Bias and Discrimination Hold Us All Back.

In addition to showing how discrimination and unequal opportunity harm people of color, it’s important to explain how systemic biases affect all of us and prevent us from achieving our full potential as a country. We can never truly become a land of opportunity while we allow racial inequity to persist. And ensuring equal opportunity for all is in our shared economic and societal interest. In fact, eight in ten Americans believe that society functions better when all groups have an equal chance in life.[7]

Research also shows that people are more likely to acknowledge that discrimination against other groups is a problem – and more likely to want to do something about it – if they themselves have experienced it. Most people have at some point felt on the “outside” or that they were unfairly excluded from something, and six in ten report that they’ve experienced discrimination based on race, ethnicity, economic status, gender, sexual orientation, religious beliefs or accent.[8] Reminding people of this feeling can help them think about what racism and oppression really mean for others as well as themselves.

Sample Language:

Virtually all of us have been part of a family with kids, some of us are single parents, and many of us will face disabilities as we age. Many of those circumstances lead to being treated differently – maybe in finding housing, looking for a job, getting an education. We need strong laws that knock down arbitrary and subtle barriers to equal access that any of us might face.

Examples:

“Discrimination isn’t just an insult to our most basic notions of fairness. It also costs us money, because those who are discriminated against are unable to make the best use of their talents. This not only hurts them, it hurts us all, as some of our best and brightest players are, in essence, sidelined, unable to make their full contributions to our economy.” – David Futrelle, Economic Reporter in Time Magazine[9]

“Racial inclusion and income inequality are key factors driving regional economic growth, and are positively associated with growth in employment, output, productivity, and per capita income, according to an analysis of 118 metropolitan regions. … Regions that became more equitable in the 1990s—with reductions in racial segregation, income disparities, or concentrated poverty—experienced greater economic growth as measured by increased per capita income.” – PolicyLink publication, “All-In Nation”[10]

9. Listen to and Center the Voices of BIPOC.

As social justice advocates, we should be accustomed to centering the voices of those who are most affected by any issue. It should go without saying that when talking about racism, that BIPOC should lead the strategies about how to counter it and dismantle white supremacy. This means:

  • Taking cues from anti-racist BIPOC leaders on things like preferred language and strategy;
  • Reducing erasure and unpaid labor by giving credit and/or compensation to BIPOC who have sparked movements, coined terms, tested and spread language and so on; and
  • Being vigilant in ensuring that those who have power in our movement share that power with BIPOC, particularly those whose voices have been marginalized and those who experience multiple barriers due biases that affect them intersectionally on many levels.

Centering anti-racist BIPOC voices does not mean expecting members of each group to relive their particular oppression by describing it — or examples of it — for the benefit of the larger movement.

It also does not mean expecting only BIPOC to speak out about racism and oppression. There is room for many voices and a role for different people with different audiences to do the work of changing the narrative about race in this country.

10. Embrace and Communicate Our Racial and Ethnic Diversity while Decentering Whiteness as a Lens and Central Frame.

Underscore that different people and communities encounter differing types of stereotypes and discrimination based on diverse and intersectional identities. This may mean, for example, explaining the sovereign status of tribal nations, the unique challenges posed by treaty violations, and the specific solutions that are needed. At the same time, we need to place whiteness in the context it deserves: as a part of the larger whole and not the center of it. Too often even well-meaning language assume white as the “norm,” which implies that anyone else is an “other.”

Sample Language:

The United States purports to revere the ideals of equality and opportunity. But we’ve never lived up to these ideals, and some of us face more barriers than others in achieving this because of who we are, what we look like or where we come from. We have to recognize this and move toward the ideal that we should all be able to live up to our own potential, whether we are new to this country, or living in disadvantaged neighborhoods, on reservations that are facing economic challenges, or in abandoned factory towns.

Example:

“We affirm our commitment to stand against environmental racism and to support Indigenous sovereignty. Across the United States, Black and Brown communities are subject to higher rates of asthma and other diseases resulting from pollution and malnutrition; as demonstrated recently not only at Standing Rock but also through the water crisis in Flint, Michigan. Our neighborhoods are more likely to have landfills, toxic factories, fracking, and other forms of environmental violence inflicted on them. We will not let this continue.” – Million Hoodies, blog[11]

“At best, white people have been taught not to mention that people of colour are ‘different’ in case it offends us. They truly believe that the experiences of their life as a result of their skin colour can and should be universal. I just can’t engage with the bewilderment and the defensiveness as they try to grapple with the fact that not everyone experiences the world in the way that they do.

They’ve never had to think about what it means, in power terms, to be white, so any time they’re vaguely reminded of this fact, they interpret it as an affront. Their eyes glaze over in boredom or widen in indignation. Their mouths start twitching as they get defensive. Their throats open up as they try to interrupt, itching to talk over you but not to really listen, because they need to let you know that you’ve got it wrong.” – Reni Eddo-Lodge, author[12]

“The internment was a dark chapter of American history, in which 120,000 people, including me and my family, lost our homes, our livelihoods, and our freedoms because we happened to look like the people who bombed Pearl Harbor. … ‘National security’ must never again be permitted to justify wholesale denial of constitutional rights and protections. If it is freedom and our way of life that we fight for, our first obligation is to ensure that our own government adheres to those principles. Without that, we are no better than our enemies. … The very same arguments echo today, on the assumption that a handful of presumed radical elements within the Muslim community necessitates draconian measures against the whole, all in the name of national security.” – George Takei, actor, in the Washington Post[13]

Applying the Lessons

VPSA: Value, Problem, Solution, Action

One useful approach to tying these lessons together is to structure communications around Value, Problem, Solution, and Action, meaning that each message contains these four key components: Values (why the audience should care, and how they will connect the issue to themselves), Problem (framed as a threat to the shared values we have just invoked), Solution (stating what you’re for), and Action (a concrete ask of the audience, to ensure engagement and movement).

EXAMPLE

Value

To work for all of us, our justice system depends on equal treatment and investigations based on evidence, not stereotypes or bias.

Problem

But many communities continue to experience racial profiling, where members are singled out only because of what they look like. In one Maryland study, 17.5% of motorists speeding on a parkway were African-American, and 74.7% were white, yet over 70% of the drivers whom police stopped and searched were black, and at least one trooper searched only African American. Officers were no more likely to find contraband on black motorists than white motorists. These practices erode community trust in police and make the goal of true community safety more difficult to achieve.

Solution

We need shared data on police interactions with the public that show who police are stopping, arresting and why. These kinds of data encourage transparency and trust and help police strategize on how to improve their work. They also help communities get a clear picture of police interactions in the community.

Action

Urge your local police department to join police from around the country and participate in these important shared databases.

EXAMPLE

Value

We’re a better country when we make sure everyone has a chance to meet his, her, or their potential. We say we’re a country founded on the ideals of opportunity and equality and we have a real responsibility to live up to those values. Racism is a particular affront to our values and we need to do everything in our power to end it.

Problem

Yet we know that racism persists, and that its effects can be devastating. For instance, African American pregnant women are two to three times more likely to experience premature birth and three times more likely to give birth to a low birth weight infant. This disparity persists even after controlling for factors, such as low income, low education, and alcohol and tobacco use. To explain these persistent differences, researchers now say that it’s likely the chronic stress of racism that negatively affects the body’s hormonal levels and increases the likelihood of premature birth and low birth weights.

Solution

We all have a responsibility to examine the causes and effects of racism in our country. We have to educate ourselves and learn how to talk about them with those around us. While we’ve made some important progress in decreasing discrimination and racism, we can’t pretend we’ve moved beyond it completely.

Action

Join a racial justice campaign near you.

EXAMPLE

Value

We believe in treating everybody fairly, regardless of what they look like or where their ancestors came from.

Problem

But what we believe consciously and what we feel and do unconsciously can be two very different things and despite our best attempts to rid ourselves of prejudices and stereotypes, we all have them – it just depends how conscious they are. All of us today know people of different races and ethnicities. And we usually treat each other respectfully and joke around together at work. But for most of us – Americans of all colors – the subtle or not so subtle attitudes of our parents or grandparents, who grew up in a different time, are still with us, even if we consciously reject them.

Solution

Personally, I look forward to the day when we can all see past color—all of us, white and black, brown and Asian. To do that, we all have to be aware of what’s going on in our own heads right now. And how that collective bias has shaped our history and where we are now.

Action

But we’re just not there yet. Let’s make it a priority to get there. [14]

 


[2] The Sentencing Project. Reducing Racial Disparity in the Criminal Justice System: A Manual for Policymakers, 2008

[7] The Opportunity Agenda/Langer Associates. The Opportunity Survey, 2014.

[8] Ibid.

[12] Reni Eddo-Lodge: Why I’m No Longer Talking to White People About Race, The Guardian (May 31, 2017) https://www.theguardian.com/news/audio/2017/may/31/why-im-no-longer-talking-to-white-people-about-race-podcast

[13] George Takei: They interned my family. Don’t let them do it to Muslims Washington Post (November 18, 2016). https://www.washingtonpost.com/posteverything/wp/2016/11/18/george-takei-they-interned-my-family-dont-let-them-do-it-to-muslims/?utm_term=.8e15097e3b44

[14] Modified from messages tested in Speaking to the Public about Unconscious Prejudice: Meta-issues on Race and Ethnicity. Drew Westen, Ph.D. March 2014

Talking About COVID-19: Value, Problem, Solution, Action

As the COVID-19 pandemic sweeps America, the systemic injustices in our country are being revealed for what they are: from race-class disparity to immigrant injustice and the carceral state. These injustices have existed for a long time and activists, advocates, and creatives have been working to eradicate them for just as long. Yet today, we find ourselves at a unique and critical moment to step up our advocacy for the communities and individuals most vulnerable – communities of color, immigrant communities, incarcerated communities, and low-income communities.

At this pivotal moment, we must work together – in community – to center and uplift the voices of these disproportionately affected populations. This starts by being conscious about our language and messaging. We recommend using a VPSA (Value, Problem, Solution, Action) format when talking about the coronavirus and its response, and centering your language around inclusion, empowerment, and justice.

  • Value: When it comes to addressing COVID-19, we are all only as safe as those members of our community who are most at risk. We are all in this together, and therefore must make sure our messaging around this virus and its containment avoids racist, xenophobic, and biased thinking. We must remember to uphold the value of unity at this time. Through unity – in community – we can overcome what lies ahead.
  • Problem: While the coronavirus does not discriminate against race, ethnicity, nationality, or socio-economic status, stigma and misinformation do. Racist, xenophobic, and unscientific language and messaging – rooted in fear and misinformation – has been circulating during this outbreak, both among the public and within the Trump administration. If left unchecked, this will create a culture of fear and discrimination that hinders efforts to stop the virus and efforts to help communities most at risk.
  • Solution: As social justice leaders and communicators, it is our job to calmly and directly push back against the fear and stigma surrounding COVID-19 with powerful language of inclusion, unity, empowerment, and justice. This will help us be allies to communities of color, immigrant communities, low-income communities, and incarcerated communities, who are likely to be disproportionately affected by this pandemic and the narrative surrounding it.
  • Action: We must continuously call out messaging based in fear and misinformation for the racist, xenophobic, and implicitly biased language that it is – particularly when coming from the Trump administration and the media. We must work together in collaborative conversation to make sure that communities and populations most at risk are receiving the attention and services that they deserve, and that they are not being stigmatized when those services are provided. We must also remember to always use language that is based in justice and equity. The solutions for getting through this pandemic lie in unity and community. We must uplift these values together and remind others to do the same.

Talking About Covid-19: A Call for Racial, Economic, and Health Equity

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