Social Justice Commons^™

Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of …

White Supremacists And The White Urge To Call Them Terrorists, Jin Chang

Taboo: The Journal of Culture and Education

In this article, I argue that the election and inauguration of President Biden should not be a moment of celebration for any scholar, activist, or individual committed to ending the white supremacist empire of America, especially in relation to his condemnation of the January 6^th white supremacist rioters as “domestic terrorists.” However, I believe it is for a different reason than much of the current discourse suggests from many progress scholars and journalists. The current line many progressive scholars and activists cite as the reason to avoid calling white supremacists “terrorists” has been because they fear such language will …

The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.

The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.

Donald Trump, Twitter, And Islamophobia: The End Of Dignity In Presidential Rhetoric About Terrorism, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Donald Trump’s rhetoric is markedly different than that of just about every other American president. Trump’s speeches on terrorism and his related Islamophobia and anti-immigrant rhetoric are examined in this chapter. Trump’s use of Twitter and view of the presidency as a “permanent campaign” keep his followers in a state of near-permanent mobilization. Trump uses the rhetoric of fear to push his followers against Muslims and immigrants by linking terrorism to both groups. As Jeffrey Tulis opines, Trump is America’s first demagogue. This chapter highlights how Trump’s demagoguery and novel method for communicating with his followers has framed the terror …

The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content-coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on the due process are a panicked response to the terror attacks of 2001. On …

That The Worst Shooting In Us History Took Place In A Gay Bar Is Unsurprising, Nancy Unger

History

The selection of Pulse, a gay Orlando nightclub, as the site for a murderous homophobic rampage makes the killer’s crime a special outrage in view of the role that nightclubs have played in this nation’s LGBTQ history. Like many popular LGTBQ clubs, Pulse serves not only as a welcoming place to party, but also as a community partner, hosting a variety of social and educational events including, for example, Breast Cancer Awareness and HIV/AIDS prevention. According to its website, Pulse Orlando serves as “a driving force within the GLBT community” and strives to “to make strides towards equality awareness, and …

Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article examines the use of torture by the U.S. government in the context of the late 20th-century preventive turn in criminal justice. Challenging the assumption that the use of “enhanced interrogation tactics” in the war on terror was an exceptional deviation from accepted norms, this article suggests that this deviation began decades before the terror attacks, in the context of conventional criminal procedure. I point to the use of the “ticking time bomb hypothetical,” and its connection to criminal procedure’s “kidnapping hypothetical.” Using case law and criminal procedure textbooks I trace the employment of that narrative over several decades, …

Pinochet’S Chile: The United States, Human Rights, And International Terrorism, Todd Landman

Human Rights & Human Welfare

A review of:

International Human Rights and Authoritarian Rule in Chile by Darren Hawkins. Lincoln and London: University of Nebraska Press, 2002. 259 pp.

and

The Pinochet File: A Declassified Dossier of Atrocity and Accountability by Peter Kornbluh. New York and London: The New Press, 2003. 551 pp.

and

The Condor Years: How Pinochet and His Allies Brought Terrorism to Three Continents by John Dinges. New York: The New Press, 2004. 322 pp.

Chapter One: Migration And Radicalization In The Age Of Covid-19, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

How do we flatten the radicalization curve? How do we quell the millions of people disaffected by their new societies or by the changes to their old ones? In 2020, with covid-19 running rampant, trends regarding migration and radicalization took a backseat. But migration and the reactions it causes in host societies a critically important issues for our post-pandemic world. As migrants move to new lands, they are subjected to accusations of being radicals and criminals, and are blamed for extremist nationalist violence on the part of their hosts. The politics of migration have pulled some democracies into illiberalism and …