Black Lives Matter is about people, not partisan politics

Decades ago, the Supreme Court held that politicians cannot bombard voters with campaign materials as they enter their polling places. As a lawyer and First Amendment scholar, I have no problem with laws that protect voters from partisan politics. However, some statements should not be considered “partisan.”

Last week, the North Carolina State Board of Elections asked the Carrboro Town Council to remove four Black Lives Matter flags from its Town Hall. The Town Hall also serves as an early voting site. Some voters claimed that the flags were inside the 50-foot zone where partisan activities are banned. The chairman of the Orange County Republican Party reported that he had received nearly 20 written complaints about the banners.

After a closed meeting, the Carrboro council voted to keep the flags in their current location. Yet, the State Board of Elections has indicated that if Carrboro does not remove the flags, it may not allow Carrboro to use the Town Hall as a voting site in the future.

The Carrboro Town Council made the right decision. “Black Lives Matter” is not a partisan statement. Black Lives Matter is not a political organization. It is a movement that does not endorse, finance, or support candidates. (The group recently launched a PAC that might do so, but this PAC is wholly separate from the organization itself.) Earlier this summer, the Office of Special Counsel – an independent federal government office - ruled that federal employees can support Black Lives Matter without violating laws that forbid political activities in federal offices.

Moreover, Black Lives Matter is a movement with bipartisan support. In June, the Pew Research Center found that 40 percent of Republicans either “strongly” or “somewhat” supported the Black Lives Matter movement. Tiffany Trump, daughter of the president, has used social media to express her support for the movement. Republican Senator Mitt Romney went farther, as he not only posted his support on Twitter but also joined peaceful demonstrations after the murder of George Floyd. A movement that draws support from many parts of the political spectrum demonstrates is non-partisan in nature.

Of course, while some Republicans do support the Black Lives Matter movement, the chief Republican – Donald J. Trump – has gone out of his way to criticize the movement and its goals. Mr. Trump has referred to the movement as “discriminatory” and “an extreme socialist organization. He has claimed that the organization is “destroying many Black lives.” When he was told that New York City planned to paint a Black Lives Matter sign outside of Trump Tower, he tweeted that it would be “a symbol of hate.” With statements such as these coming from the leader of the party, it’s no wonder that rank and file Republicans might feel this is a partisan issue.

Despite Trump’s attempts to make it so, the death of innocent, unarmed citizens at the hands of those sworn to protect them should not be a partisan issue. Rogue police officers do not ask people of color – or white people - for voter registration cards before they decide to harm them. And while police violence most directly affects communities of color, it hurts our entire society by forcing us to question the motives of those we rely on to keep us safe.

For a government to succeed, all its citizens must feel valued. By flying the flags, Carrboro attempted to show its Black citizens that it recognizes their struggle. By pushing Carrboro to remove them, the State Board of Elections is essentially forcing the town to tell its Black citizens – regardless of party - that their pain and their lives do not matter. The Board should instead follow the lead of the federal government and recognize that the loss of innocent American lives is not a partisan issue.

This story was originally published November 12, 2020 at 1:12 PM with the headline "Black Lives Matter is about people, not partisan politics."