Tag Archives: free speech

June 2: the U.S. vs. Pitts and Bursey

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As part of the Modjeska Simkins School‘s Sunday Social series, the public is invited to hear recovering attorney Lewis Pitts on June 2 at the temporary HQ of the SC Progressive Network, 2015 Marion St., downtown Columbia 4-6pm. Pitts is a dynamic speaker with an impressive resume and a trove of stories from the trenches. He will be joined by his former client and longtime friend Brett Bursey. The event is free and open to all.

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Lewis Pitts was so dismayed by the legal profession that, after 43 years of practice, he asked the NC State Bar to allow him to resign. He was disturbed by the growing tendency of attorneys and law firms to put profit before the people they were supposed to serve.

“My resignation is because I see an overall breach by the Bar as a whole of the most basic of professional conduct and ethics such that I do not want be be associated with the Bar,” Pitts wrote in a 2014 letter to the Bar. “I do not mean to be mean or flippant. The ministry of law has been a powerful force in my life and I have had the pleasure of working with many terrific people in pursuit of justice — lawyers and non-lawyers. I want these parting words to stir your minds and hearts into reflection, boldness, and transformational action.”

The case went to the state Supreme Court, where Pitts was granted the exit he sought.

A South Carolina native, Pitts graduated from Wofford College and USC’s law school. He practiced in DC and spent nearly 20 years at Legal Aid of North Carolina, where he founded the statewide children’s unit and fought the schools-to-prison pipeline.

Pitts was Network Director Brett Bursey’s lawyer after he was arrested for threatening President George Bush with a “No War for Oil” sign. (Read about the case in this blog post.)

Lewis Pitts (from left), Network Director Brett Bursey, and attorney Jay Bender outside the federal court house in Columbia, where they led a “free speech pay-in” to help cover court costs in Bursey’s trial.

Bursey and Lewis go way back. Pitts represented the Natural Guard protesters at the Bomb Plant (Savannah River Site), and decided to go to jail with them. He was an attorney in Karen Silkwood’s wrongful death suit, took part in civil disobedient arrests at nuclear facilities around the country, and was lead attorney in the successful civil suit against the Klan and Nazis for the murder of five Greensboro activists in 1979. (Watch “88 Seconds in Greensboro” on Vimeo.)

“From my earliest days as a lawyer, I have been concerned that the role of our profession has been to serve and protect the political and business establishment and not to uphold rule of law,” Pitts wrote in his resignation letter. (Read the letter here.)

He told a Greensboro reporter that there was no single incident that made him want to step away. “It was like the hypocrisy was eating me physically and psychologically.” He called his appeal “a desperate plea” in “some explosive times when the rule of law really needs to mean something. I guess it’s time for our profession to undergo a moral checkup.”

Lewis is in Columbia to teach a class of the Modjeska Simkins School. See excerpt from his 2017 class lecture on the evolution of corporations in the United States on our YouTube channel.

Brett Bursey and Becci Robbins at the Lexington County detention center Oct. 3, 2002, upon his release after being arrested for protesting President George Bush.

Corporate personhood trumps human rights

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Charlie Smith
AFFA, Charleston

The 14th Amendment was adopted to ensure the constitutional rights of freed slaves and their descendants after the Civil War. There have been roughly 325 federal court cases relative to this amendment since that time. Nineteen of those cases have actually had anything at all to do with a human being. The remaining 300 or so cases have been part of the ongoing corruption process that grants “personhood” to corporations.  

“Corporate Personhood” is the legal concept that grants most of the rights of natural living, breathing citizens to corporations. Under our constitution US corporations are allowed virtually every right of human beings, including such rights as the right to marry.

This “marriage/merger” concept which flies in the face of “traditional marriage” is openly embraced by conservatives who will freely grant to a profit-making business what they flatly refuse to grant to millions of our living, breathing LGBT citizens. Did anyone hear a single conservative objection when half the major banks in our country eloped with the other half in 2008? Even corporations like Blackwater and Halliburton are allowed to serve openly in every branch of our military — unlike thousands of living breathing gay and lesbian citizens who still serve and suffer under Don’t Ask, Don’t Tell.

What we have discovered over the course of the past year is that along with our “constitutional rights,” human persons also have the obligation to serve time in prison and in some cases be executed when they break the law. Corporations have somehow managed to avoid that unpleasantness.

In the wake of last week’s decision in the Citizens United case, corporate rights of personhood will now also include the right of corporations to buy politicians and elections with no limit on the corrupting power of their contributions. This is because corporations as “persons” must be granted free speech. This free speech right is in addition to their corporate “human right” to marry and their corporate “human right” right to serve openly in the military.

Does anyone see the irony that corporations have now been granted more “Human Rights” by the Supreme Court than millions of our own anatomically HUMAN citizens have been granted? After the last two years of outrageous corporate arrogance and greed, why is it that we have done absolutely nothing to strip those rights from corporations, yet we strip those very same rights every day from our very human LGBT soldiers and citizens?