WEBVTT - CZM Rewind: Barry Black Pt. 1 & 2

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<v Speaker 1>Cool Zone Media. Hey everybody, Molly Conger here. You've probably

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<v Speaker 1>noticed that this is a rerun. No, your podcast app

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<v Speaker 1>isn't glitching. There's no new guy this week. The show

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<v Speaker 1>hasn't been around long enough to have a huge back

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<v Speaker 1>catalog to reach into on days like this, I can't

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<v Speaker 1>dig through the archives and pick an episode from a

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<v Speaker 1>year ago that maybe you missed the first time around,

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<v Speaker 1>or listened to so long ago that you already forgot

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<v Speaker 1>how it ended. But today is the last Thursday in

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<v Speaker 1>the month of November, and in the United States, that's

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<v Speaker 1>a holiday. If it's a holiday you celebrate in whatever way,

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<v Speaker 1>I hope you're enjoying it. I'm not sure how listening

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<v Speaker 1>to weird little guys factors into your holiday enjoyment. That's

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<v Speaker 1>kind of weird. But I'm not here to tell you

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<v Speaker 1>what to do. Running this old episode means I got

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<v Speaker 1>to take a few days off this week to spend

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<v Speaker 1>with my family, which I'm grateful for. I know not

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<v Speaker 1>everybody has that luxury. Whatever you're doing today, I hope

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<v Speaker 1>you've got the day off. Rory, the brilliant mind behind

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<v Speaker 1>the perfect placement of all the music in the show,

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<v Speaker 1>and the guy with the unenviable job of editing out

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<v Speaker 1>all the times I burp into my microphone does not

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<v Speaker 1>have work today, and we should all celebrate that he

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<v Speaker 1>deserves a break from toiling away at the burp removal machine. Sorry, Rory.

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<v Speaker 1>So here's a weird little guy I already told you about,

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<v Speaker 1>and I'll be back next week with new weird guys.

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<v Speaker 1>In nineteen forty eight, there is a rash of cross

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<v Speaker 1>burnings in Suffolk. Virginia. Newspapers throughout the late forties and

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<v Speaker 1>all through the fifties assure the reader that there is

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<v Speaker 1>no Ku Klux Klan activity in Virginia. Ooklan groups had

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<v Speaker 1>more or less died out in the mid forties, and

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<v Speaker 1>Virginia wouldn't really see a rise in widespread organized clan

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<v Speaker 1>activity until the threat of integrated schools whipped aggrieved white

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<v Speaker 1>men back into a frenzy in the fifties. But the

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<v Speaker 1>lack of a clear leadership structure or the formal blessing

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<v Speaker 1>of some grand dragon or imperial wizard in some other

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<v Speaker 1>state didn't seem to deter the one hundred men in

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<v Speaker 1>robes who set fire to a twelve foot cross in

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<v Speaker 1>a peanut field in Nurneyville, and whether or not the

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<v Speaker 1>local prosecutor believed that the clan still existed. Everyone in

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<v Speaker 1>the South knows what a burning cross means, and it

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<v Speaker 1>was the third one in that neighborhood in recent months.

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<v Speaker 1>The local prosecutor had simply shrugged, it's not illegal to

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<v Speaker 1>burn a cross. Two thousand members of a local peanut

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<v Speaker 1>workers union approved a resolution demanding a response from the

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<v Speaker 1>governor and Attorney General, writing, we reject the hair splitting

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<v Speaker 1>thinking of some commonwealth authorities regarding what constitutes violation of

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<v Speaker 1>the law. The fact remains that one hundred white robed

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<v Speaker 1>persons burned across in the field of NH. Bradshaw. Whether

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<v Speaker 1>this group was the KKK or a similar organization is

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<v Speaker 1>not important. The tactics of intimidation and terrorism are. That

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<v Speaker 1>same year, nineteen forty eight, twin boys, Barry and Bruce

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<v Speaker 1>Black were born in Pennsylvania. Berry didn't burn that cross

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<v Speaker 1>in the peanut field. He was just a baby then

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<v Speaker 1>given some time to grow. Though his name would one

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<v Speaker 1>day become synonymous with crossburning in Virginia, he was barely

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<v Speaker 1>out of diapers when Virginia did finally outlaw cross burning

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<v Speaker 1>in nineteen fifty two, and he was decades into his

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<v Speaker 1>career as a clan leader when he lit the cross

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<v Speaker 1>that would take him all the way to the Supreme Court.

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<v Speaker 1>I'm Molly Conger, and this is weird. Little guys. There

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<v Speaker 1>is a story that I've been writing and rewriting for years,

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<v Speaker 1>digging deeper into the past while I wait for the

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<v Speaker 1>future to deliver some kind of ending. I have notebooks

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<v Speaker 1>full of scribbled transcriptions of courtroom testimony, and a hard

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<v Speaker 1>drive full of grainy footage, and folders upon folders labeled

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<v Speaker 1>with men's names, each one containing varying degrees of a

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<v Speaker 1>half baked biographical sketch of a man who lit a

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<v Speaker 1>torch one summer night in twenty seventeen. Lately, I'm combing

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<v Speaker 1>back through my notes about the events of August eleventh,

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<v Speaker 1>twenty seventeen, because unless something changes in the next week

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<v Speaker 1>or so, I'll be spending a few days in October

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<v Speaker 1>sitting in my favorite seat at the county courthouse. It's

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<v Speaker 1>the aisle seat in the second row, on the day

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<v Speaker 1>defendant's side of the bench. I don't know why that

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<v Speaker 1>one's my favorite, but if I can't sit there, this

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<v Speaker 1>is not right to date, Twelve men who march with

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<v Speaker 1>a torch here in Charlottesville seven years ago have been

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<v Speaker 1>charged under a Virginia law that makes it a felony

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<v Speaker 1>to burn an object with the intent to intimidate. And

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<v Speaker 1>I'm going to tell you about some of those men.

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<v Speaker 1>I am there is some real weird little guy behavior

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<v Speaker 1>going on in a lot of their backstories, but not today.

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<v Speaker 1>As always, we have to start before the beginning. In

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<v Speaker 1>the year and a half since those charges were first filed,

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<v Speaker 1>I've written the case citation Commonwealth v. Black in my

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<v Speaker 1>little notebook probably one hundred times. Commonwealth v. Black was

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<v Speaker 1>the Supreme Court case that held that the original version

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<v Speaker 1>of Virginia's crossburning law was unconstitutional. The law was rewritten

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<v Speaker 1>in response to this challenge, and the current version of

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<v Speaker 1>the statute is what's being used to prosecute the torch marchers.

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<v Speaker 1>So commonwealthy Black, that's all I really needed to know.

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<v Speaker 1>Some clansmen burned across and he challenged the law, and

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<v Speaker 1>he won, and we changed the law. That's good enough

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<v Speaker 1>to get by, But how many times can you write

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<v Speaker 1>a man's name without bothering to find out who he was?

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<v Speaker 1>So I set out to get a little more context

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<v Speaker 1>on the man who brought the case. But what I

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<v Speaker 1>found wasn't just some boring bit of backstory about constitutional

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<v Speaker 1>law and legislative history. I mean, we're definitely going to

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<v Speaker 1>do some of that, but what I found was a

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<v Speaker 1>complicated story of small town bigotry and the people who

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<v Speaker 1>stand up to it. Barry Black was the leader of

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<v Speaker 1>a clan group in Pennsylvania whose hatred touched the lives

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<v Speaker 1>of people whose stories are worth knowing. This episode is

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<v Speaker 1>just the first half of very black story, and we

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<v Speaker 1>won't even get to his precedent setting appeal until next week.

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<v Speaker 1>This week gets just a strange little stroll through some

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<v Speaker 1>of the side characters in the life of a man

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<v Speaker 1>who donned a pointy hood to infringe on the civil

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<v Speaker 1>rights of everyone around him, but just kept going to

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<v Speaker 1>court to fight for his own. So before we can

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<v Speaker 1>talk about a lit tiki torch on a college campus,

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<v Speaker 1>we have to talk about a fiery cross on a hillside.

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<v Speaker 1>We have to talk about Barry Black, the clansman who

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<v Speaker 1>fought the law all the way to the Supreme Court

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<v Speaker 1>and won. Barry Elton Black and his twin brother, Bruce,

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<v Speaker 1>were born two months before their mother's seventeenth birthday. Their

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<v Speaker 1>twenty three year old father, also named Bruce, didn't stick around.

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<v Speaker 1>When the boys were two, the nineteen fifty census shows

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<v Speaker 1>they were living with their mother at her parents' home,

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<v Speaker 1>and their father was living a few miles down the

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<v Speaker 1>road as a lodger in an elderly divorcees boarding house.

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<v Speaker 1>Barry's obituary says he was a Vietnam veteran, that he

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<v Speaker 1>was in the Navy. That's the only place I found

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<v Speaker 1>that information. Decades of newspaper articles about his clan hijinks

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<v Speaker 1>never mention it. I will absolutely concede that it is

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<v Speaker 1>entirely possible that he joined the Navy right out of

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<v Speaker 1>high school and maybe was on one of the earliest

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<v Speaker 1>deployments of the war. He was eighteen in nineteen sixty six,

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<v Speaker 1>so it's possible, But by nineteen sixty eight he was

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<v Speaker 1>too busy going to jail to go to war. In

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<v Speaker 1>the summer of nineteen sixty eight, Barry and his brother

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<v Speaker 1>were caught stripping parts of a car in a salvage yard.

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<v Speaker 1>Two years later, Barry was back in jail again. Reports

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<v Speaker 1>Arry and lack specificity as to exactly why he was

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<v Speaker 1>in jail in nineteen seventy. One report at the time

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<v Speaker 1>says it was a morals charge. Another says it was

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<v Speaker 1>a paternity case. A list of his arrests that appeared

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<v Speaker 1>in an article decades later says he was awaiting trial

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<v Speaker 1>in nineteen seventy on charges of bastardery and fornication. Sounds

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<v Speaker 1>like he might have just been guilty of having a

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<v Speaker 1>good time, but he got himself into some extra trouble

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<v Speaker 1>by escaping from the jail. Barry and two other inmates

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<v Speaker 1>climbed a pipe, crawled through an air vent, got into

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<v Speaker 1>the adjoining courthouse, and escaped by jumping out an open

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<v Speaker 1>window in the judge's chambers, and no one even noticed

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<v Speaker 1>the men were missing until Barry's brother called the sheriff

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<v Speaker 1>to say he'd gotten a call from Barry earlier that

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<v Speaker 1>afternoon and he wanted to know if his brother had

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<v Speaker 1>posted bond The sheriff assured Bruce that no, Barry hasn't

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<v Speaker 1>bonded out and he's still in a cell. But he

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<v Speaker 1>was not. Barry was only free for about six hours

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<v Speaker 1>after this daring jail break. The other two men hid

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<v Speaker 1>out in barns for over a week. Before being recaptured,

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<v Speaker 1>but a deputy found Barry limping around town later that

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<v Speaker 1>same evening. He'd broken bones in both of his feet

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<v Speaker 1>jumping out of the judge's window. A judge ordered him

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<v Speaker 1>to pay one hundred dollars fine and the medical costs

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<v Speaker 1>in his paternity case, and he got another year for

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<v Speaker 1>the escape. It's not clear what the paternity case entailed,

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<v Speaker 1>and if there is a secret child out there of

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<v Speaker 1>Berry Black, I couldn't find any record of it. In

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<v Speaker 1>nineteen seventy one, he went back to jail for a

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<v Speaker 1>burglary of an auto parts store, and between stints and jail,

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<v Speaker 1>he married his wife, Judy in nineteen seventy four, and

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<v Speaker 1>they had their first of six children in nineteen seventy five.

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<v Speaker 1>And then he went back to jail in nineteen seventy

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<v Speaker 1>six for stealing a gun from his brother. He escaped again,

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<v Speaker 1>this time just walking right out the front door of

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<v Speaker 1>the psychiatric hospital the jail had sent him to for observation.

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<v Speaker 1>But he was out again by nineteen seventy seven, when

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<v Speaker 1>he was arrested for trying to buy a car with

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<v Speaker 1>a check from a closed bank account. This time he

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<v Speaker 1>just caught probation, and he was given probation again when

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<v Speaker 1>he was convicted in nineteen eighty six for illegally possessing

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<v Speaker 1>a revolver. And that's all there really was to know

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<v Speaker 1>about Barry Black until the late eighties. He had a

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<v Speaker 1>couple of kids, his wife worked as a clerk, he

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<v Speaker 1>drove a truck, and after going to jail half a

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<v Speaker 1>dozen times in his twenties, he mostly stayed out of

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<v Speaker 1>trouble except for that gun charge in nineteen eighty six,

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<v Speaker 1>But by nineteen eighty nine he's a legal in his

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<v Speaker 1>local clan. Now, I don't want to sound like I'm

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<v Speaker 1>being dismissive of the Ku Klux Klan as a bunch

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<v Speaker 1>of silly guys in costumes who do live action role

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<v Speaker 1>playing and who would have been better off doing something

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<v Speaker 1>like joining the Society for Creative Anachronism or getting into

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<v Speaker 1>dungeons and Dragons. I don't know. I'm in no way

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<v Speaker 1>trying to minimize the decades and decades of vicious racial terror,

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<v Speaker 1>the violence, the lynchings, the campaigns of terror waged in

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<v Speaker 1>towns across the country for over a century. The clan

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<v Speaker 1>was very real, it was very dangerous. People died, but

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<v Speaker 1>oh my god, do they make it hard to take

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<v Speaker 1>them seriously with their special clan vocabulary a klegal that's

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<v Speaker 1>spelled like beagle, but with a KL upfront. It's an

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<v Speaker 1>official clan office that's basically just the local recruiter. So

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<v Speaker 1>in nineteen eighty nine, Barry was responsible for recruiting new

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<v Speaker 1>members to his local clan chapter. And at this point

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<v Speaker 1>he's still a member of the Invisible Empire of the

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<v Speaker 1>Ku Klux Klan. So the Invisible Empire is the overarching

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<v Speaker 1>national organization with an Imperial Wizard overseeing it. The Empire

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<v Speaker 1>is subdivided into realms by state, and each realm has

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<v Speaker 1>a Grand Dragon, and within each realm there are provinces.

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<v Speaker 1>Each one is made up of, however many counties the

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<v Speaker 1>Grand Dragon sees fit to assign the Grand Titan who

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<v Speaker 1>oversees them. The clan had two main eras, so first

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<v Speaker 1>in the reconstruction era right after the Civil War, and

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<v Speaker 1>then it sort of died out, and then it had

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<v Speaker 1>a second era when it was revived in nineteen fifteen.

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<v Speaker 1>And the second era of the clan kept a lot

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<v Speaker 1>of the goofy nineteenth century made up words, but it

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<v Speaker 1>seems like they lost some of the finer subdivisions. It

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<v Speaker 1>used to be that the Grand Titan could appoint a

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<v Speaker 1>Grand Giant, who could in turn appoint henchmen called goblins.

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<v Speaker 1>I don't think they kept the goblins the second time around,

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<v Speaker 1>which just seems like a huge loss, you know. But anyway,

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<v Speaker 1>so by nineteen ninety Barry is the Grand Titan of

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<v Speaker 1>Western Pennsylvania. So Pennsylvania has a Grand Dragon, and the

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<v Speaker 1>Grand Dragon appoints the Grand Titans and Burries the Grand Titan.

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<v Speaker 1>A nineteen ninety one report on clan activity in the

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<v Speaker 1>United States estimates nationwide membership at about four to five

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<v Speaker 1>thousand clansmen, with an estimated three hundred members in Pennsylvania,

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<v Speaker 1>and with most of that activity being in the western

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<v Speaker 1>half of the state in Barry's province. Under Barry's leadership,

0:14:04.559 --> 0:14:08.000
<v Speaker 1>the clan was growing again in western Pennsylvania, and he

0:14:08.200 --> 0:14:12.880
<v Speaker 1>was very active, holding multiple marches in little towns all

0:14:12.880 --> 0:14:17.920
<v Speaker 1>over the state every year, and nobody wanted it. Nobody's

0:14:17.960 --> 0:14:22.840
<v Speaker 1>excited to see the clan. In January of nineteen ninety one,

0:14:23.000 --> 0:14:26.320
<v Speaker 1>they marched in Westchester, Pennsylvania to protest Martin Luther King

0:14:26.400 --> 0:14:30.640
<v Speaker 1>Junior Day in September of nineteen ninety one, Barry held

0:14:30.640 --> 0:14:35.000
<v Speaker 1>a march in his own hometown of Carmichaels, Pennsylvania. The

0:14:35.000 --> 0:14:37.560
<v Speaker 1>town fought tooth and nailed to prevent it, but he

0:14:37.680 --> 0:14:39.760
<v Speaker 1>was determined to put on a show and even tried

0:14:39.760 --> 0:14:42.080
<v Speaker 1>to rope the ACLU into forcing the town to give

0:14:42.120 --> 0:14:46.520
<v Speaker 1>him a permit. Ultimately, the tiny town resigned themselves to

0:14:46.560 --> 0:14:49.400
<v Speaker 1>this clan invasion, and they didn't make Berry take them

0:14:49.400 --> 0:14:53.200
<v Speaker 1>to court. The town closed down every shop and restaurant

0:14:53.200 --> 0:14:55.880
<v Speaker 1>that day out of protest, and residents lined the streets

0:14:55.880 --> 0:14:58.240
<v Speaker 1>to watch a few dozen men walk about half a

0:14:58.280 --> 0:15:01.640
<v Speaker 1>mile with Barry leading them a chance of what do

0:15:01.680 --> 0:15:10.200
<v Speaker 1>we want white power? When do we want it now? Scoofy.

0:15:10.480 --> 0:15:12.560
<v Speaker 1>The Sener Daily Times ran a story the next day

0:15:12.600 --> 0:15:17.080
<v Speaker 1>with the headline forty Clan members stage march in depressed town.

0:15:18.680 --> 0:15:22.760
<v Speaker 1>Even after reading the article, it's not actually clear whether

0:15:22.760 --> 0:15:27.720
<v Speaker 1>the paper meant the town was depressed like economically. It

0:15:27.840 --> 0:15:31.000
<v Speaker 1>kind of just sounds like the town was just depressed

0:15:31.000 --> 0:15:34.720
<v Speaker 1>at having to look at the clan. Every resident quoted

0:15:34.720 --> 0:15:39.080
<v Speaker 1>in the paper sounded very unimpressed. When man told the paper,

0:15:39.760 --> 0:15:43.520
<v Speaker 1>I think they are a joke, and added Hitler tried

0:15:43.560 --> 0:15:47.800
<v Speaker 1>this once and it didn't work, did it. Barry told

0:15:47.840 --> 0:15:51.880
<v Speaker 1>the paper that his marches weren't a racial thing, but

0:15:52.000 --> 0:15:54.560
<v Speaker 1>that it was about bringing white people together to fight

0:15:54.600 --> 0:15:57.360
<v Speaker 1>for their civil rights and against what he called the

0:15:57.360 --> 0:16:01.960
<v Speaker 1>deterioration of our race. He just wanted to raise awareness

0:16:01.960 --> 0:16:05.080
<v Speaker 1>about important issues, like how the banking system is controlled

0:16:05.080 --> 0:16:08.040
<v Speaker 1>by a Jewish conspiracy, and how the government is giving

0:16:08.040 --> 0:16:11.920
<v Speaker 1>away white men's rights to black people and Asians. I

0:16:11.960 --> 0:16:15.880
<v Speaker 1>don't know what that means, giving them away, like there's

0:16:15.920 --> 0:16:19.560
<v Speaker 1>only a set number of them. Two months later, in

0:16:19.600 --> 0:16:23.360
<v Speaker 1>November of nineteen ninety one, Very Black was elected to

0:16:23.440 --> 0:16:29.000
<v Speaker 1>the office of constable in Johnstown, Pennsylvania's twenty first ward.

0:16:29.280 --> 0:16:32.160
<v Speaker 1>The office of constable is kind of a holdover from

0:16:32.160 --> 0:16:36.360
<v Speaker 1>the olden days. It's kind of a cop, but not really.

0:16:37.880 --> 0:16:40.840
<v Speaker 1>Their function varies from state to state, with powers ranging

0:16:40.880 --> 0:16:46.120
<v Speaker 1>from largely ceremonial to full policing authority. In Rhode Island,

0:16:46.160 --> 0:16:50.160
<v Speaker 1>constables aren't allowed to carry guns. In Vermont, one of

0:16:50.200 --> 0:16:53.880
<v Speaker 1>the main roles of the constable is the destruction of

0:16:54.040 --> 0:16:58.760
<v Speaker 1>dangerous dogs. So yes, there are guys in Vermont running

0:16:58.760 --> 0:17:03.000
<v Speaker 1>for the office of dog murderer and in Pennsylvania. The

0:17:03.040 --> 0:17:05.679
<v Speaker 1>office has undergone some reform in the last few decades,

0:17:05.720 --> 0:17:09.120
<v Speaker 1>but in the nineties the constable's duties were mainly prisoner

0:17:09.119 --> 0:17:14.080
<v Speaker 1>transportation and process service. But it's an elected office, and

0:17:14.119 --> 0:17:16.359
<v Speaker 1>the office he won was for constable in a single

0:17:16.400 --> 0:17:18.639
<v Speaker 1>ward of a borough of a county, and he was

0:17:18.680 --> 0:17:22.119
<v Speaker 1>able to secure a victory without even really running. He

0:17:22.160 --> 0:17:24.840
<v Speaker 1>won with just a few dozen write in votes because

0:17:25.680 --> 0:17:29.800
<v Speaker 1>no one was running. I looked up some recent voter

0:17:29.880 --> 0:17:34.119
<v Speaker 1>turnout stats for Cambria County, Pennsylvania, and Johnstown's twenty first

0:17:34.160 --> 0:17:37.359
<v Speaker 1>ward had four hundred and four registered voters in twenty

0:17:37.400 --> 0:17:40.000
<v Speaker 1>twenty three, and only one hundred and seven of them

0:17:40.080 --> 0:17:43.280
<v Speaker 1>voted in the November twenty twenty three election. So it's

0:17:43.280 --> 0:17:45.960
<v Speaker 1>not hard to imagine someone mounting a successful write in

0:17:46.080 --> 0:17:50.639
<v Speaker 1>campaign by buying a few rounds at the bar. But

0:17:50.680 --> 0:17:53.600
<v Speaker 1>it wasn't meant to be. There's nothing I can find

0:17:53.680 --> 0:17:56.680
<v Speaker 1>in any local news from that time that indicates there

0:17:56.720 --> 0:18:01.040
<v Speaker 1>was any kind of specific issue. Constable of the twenty

0:18:01.040 --> 0:18:03.400
<v Speaker 1>first ward of the Borough of a County probably doesn't

0:18:03.440 --> 0:18:07.000
<v Speaker 1>have enough to do to really do much damage, But

0:18:07.080 --> 0:18:09.640
<v Speaker 1>a few months in to Barry's six year term as Constable.

0:18:10.040 --> 0:18:15.040
<v Speaker 1>Cambria County District Attorney Timothy Creeney noticed that they had

0:18:15.040 --> 0:18:19.240
<v Speaker 1>a clansman serving papers for the court. How much he

0:18:19.280 --> 0:18:21.960
<v Speaker 1>could really do about that, though it's not against the

0:18:22.040 --> 0:18:25.600
<v Speaker 1>rules to be in the clan, but Barry did have

0:18:25.640 --> 0:18:29.119
<v Speaker 1>a pretty long rap sheet. He'd been arrested for burglary,

0:18:29.240 --> 0:18:32.560
<v Speaker 1>he'd escaped from jail twice, and he had a conviction

0:18:32.680 --> 0:18:37.080
<v Speaker 1>for illegal possession of a firearm. So Creaney filed a

0:18:37.119 --> 0:18:39.719
<v Speaker 1>petition to have Barry removed from office on the grounds

0:18:39.760 --> 0:18:42.840
<v Speaker 1>that Pennsylvania doesn't allow people convicted of what are called

0:18:43.359 --> 0:18:48.919
<v Speaker 1>infamous crimes to hold positions of public trust. The judge agreed,

0:18:49.000 --> 0:18:51.439
<v Speaker 1>and Barry was ordered by the court to cease and

0:18:51.520 --> 0:18:55.119
<v Speaker 1>desist his duties of constable in April of nineteen ninety two,

0:18:55.320 --> 0:18:59.439
<v Speaker 1>just a few months after taking office. When he filed

0:18:59.440 --> 0:19:02.120
<v Speaker 1>his appeal a month later, he walked the papers into

0:19:02.160 --> 0:19:05.960
<v Speaker 1>the courthouse himself, dressed in a white robe, a pointy

0:19:05.960 --> 0:19:10.200
<v Speaker 1>white cap, a green cape, and the kind of sunglasses

0:19:10.240 --> 0:19:13.720
<v Speaker 1>my grandmother wore when I was a kid. A dozen

0:19:13.800 --> 0:19:16.600
<v Speaker 1>robed klansmen waited for him outside the courthouse, and he

0:19:16.720 --> 0:19:19.080
<v Speaker 1>entered the court room with his personal bodyguard, a man

0:19:19.119 --> 0:19:22.919
<v Speaker 1>in fatigues, and a black beret. He was no longer

0:19:23.040 --> 0:19:26.440
<v Speaker 1>just a legal or a Grand Titan. Barry was calling

0:19:26.520 --> 0:19:31.800
<v Speaker 1>himself the Grand Dragon. Now. Over the next few months,

0:19:31.880 --> 0:19:35.400
<v Speaker 1>Barry staged several protests of what he called this violation

0:19:35.520 --> 0:19:38.000
<v Speaker 1>of his civil rights, and he appealed it all the

0:19:38.000 --> 0:19:42.120
<v Speaker 1>way to the Pennsylvania Supreme Court. In October of nineteen

0:19:42.200 --> 0:19:45.280
<v Speaker 1>ninety four. That court upheld the decision. They agreed that

0:19:45.359 --> 0:19:48.600
<v Speaker 1>his criminal history made him ineligible for the office of constable.

0:19:49.840 --> 0:19:52.560
<v Speaker 1>That same month, several local papers quoted Barry on his

0:19:52.640 --> 0:19:55.040
<v Speaker 1>plans to hold a clan rally in opposition to a

0:19:55.080 --> 0:19:59.119
<v Speaker 1>Halloween parade. He didn't give the quotes to the paper himself,

0:19:59.240 --> 0:20:04.120
<v Speaker 1>but they were his words and in his voice. See,

0:20:04.119 --> 0:20:08.160
<v Speaker 1>in the pre internet days, you couldn't have a website, right,

0:20:08.440 --> 0:20:10.919
<v Speaker 1>so groups like the Klan would distribute flyers with a

0:20:10.960 --> 0:20:14.480
<v Speaker 1>phone number on them, and nobody answers that phone when

0:20:14.480 --> 0:20:17.280
<v Speaker 1>you call, but you get a pre recorded message with

0:20:17.480 --> 0:20:22.000
<v Speaker 1>information about becoming a member, upcoming events, announcements, or just

0:20:22.080 --> 0:20:25.840
<v Speaker 1>racist propaganda. And the Dial of Clan hotline that month

0:20:25.880 --> 0:20:28.760
<v Speaker 1>offered a recorded statement from Barry Black stating that for

0:20:28.800 --> 0:20:31.880
<v Speaker 1>security reasons. The time and exact location will be announced

0:20:31.920 --> 0:20:36.520
<v Speaker 1>with twelve hours notice, saying we have gone to modern technology,

0:20:36.760 --> 0:20:40.520
<v Speaker 1>we use fax machines, etc. But that there would be

0:20:40.560 --> 0:20:43.680
<v Speaker 1>an event that month in protest of a York Pennsylvania

0:20:43.720 --> 0:20:48.360
<v Speaker 1>area Halloween celebration because as a Christian organization, the Klan

0:20:48.480 --> 0:20:53.959
<v Speaker 1>felt that Halloween was Satanic. Just imagine for a second

0:20:54.160 --> 0:20:57.440
<v Speaker 1>it's nineteen ninety four and you get a fax from

0:20:57.480 --> 0:21:00.439
<v Speaker 1>your local clig Rap that the Nighthawks or needed at

0:21:00.480 --> 0:21:04.640
<v Speaker 1>the satanic Halloween parade to enforce white Christian morals. I mean,

0:21:05.119 --> 0:21:10.639
<v Speaker 1>it's baffling, baffling. Klig Grap is the title for the

0:21:10.680 --> 0:21:15.520
<v Speaker 1>clan secretary, and the Nighthawks are the security cards. So

0:21:16.359 --> 0:21:20.080
<v Speaker 1>I guess the klik Grap is going to fax the Nighthawks.

0:21:21.240 --> 0:21:23.199
<v Speaker 1>A few days later, after the local paper ran a

0:21:23.200 --> 0:21:26.879
<v Speaker 1>story about a planned counter demonstration, Barry told the paper

0:21:26.880 --> 0:21:30.240
<v Speaker 1>that he had no such plans and he never said

0:21:30.240 --> 0:21:33.119
<v Speaker 1>anything like that. He was not planning to protest the

0:21:33.160 --> 0:21:36.480
<v Speaker 1>Halloween parade. He said that was just a rumor started

0:21:36.480 --> 0:21:39.959
<v Speaker 1>by fellow clansman Roy Frankhauser, the leader of a splinter

0:21:40.040 --> 0:21:43.560
<v Speaker 1>group called the White Unity Party. Barry explained to the

0:21:43.600 --> 0:21:46.800
<v Speaker 1>reporter that if Frankhauser wanted the White Unity Party to

0:21:46.800 --> 0:21:49.920
<v Speaker 1>be allowed to join Barry's new clan organization, the Keystone

0:21:49.960 --> 0:21:52.760
<v Speaker 1>Knights of the Ku Klux Klan, then Frankhauser would need

0:21:52.840 --> 0:21:55.480
<v Speaker 1>to accept that he didn't have Barry's permission to be

0:21:55.560 --> 0:21:59.160
<v Speaker 1>doing things like holding a press conference about Halloween parades

0:22:00.480 --> 0:22:04.479
<v Speaker 1>and Roy Frankhauser is, I think, another candidate for his

0:22:04.600 --> 0:22:09.080
<v Speaker 1>own episode. He'd been acquitted earlier that year for stabbing

0:22:09.080 --> 0:22:11.200
<v Speaker 1>a man with a pocket knife at a clan conference,

0:22:11.280 --> 0:22:14.280
<v Speaker 1>and at one point claimed to be a government informant,

0:22:14.359 --> 0:22:17.679
<v Speaker 1>although agents from the FBI and the ATF denied that

0:22:17.720 --> 0:22:21.320
<v Speaker 1>on various occasions, sometimes under oath, but I'm not sold.

0:22:22.200 --> 0:22:24.919
<v Speaker 1>He was convicted of obstruction of justice while working for

0:22:25.040 --> 0:22:28.640
<v Speaker 1>Lyndon LaRouche in the nineteen eighties, got convicted of obstruction

0:22:28.800 --> 0:22:32.120
<v Speaker 1>again in a case involving desecration of synagogues in Massachusetts

0:22:32.160 --> 0:22:35.800
<v Speaker 1>in the nineties, and in twenty twenty one, someone made

0:22:35.840 --> 0:22:38.800
<v Speaker 1>an uncited edit to his Wikipedia page claiming that his

0:22:38.880 --> 0:22:44.680
<v Speaker 1>hometown of Reading, Pennsylvania, celebrated his death by holding a parade.

0:22:44.920 --> 0:22:48.199
<v Speaker 1>I'll have to dig around on that. I hope it's true,

0:22:48.320 --> 0:22:51.200
<v Speaker 1>but I have a feeling it's not. But in the

0:22:51.280 --> 0:22:55.240
<v Speaker 1>nineties Roy Frank Kauser was beefing with Barry And it's

0:22:55.240 --> 0:22:57.879
<v Speaker 1>hard to say with any kind of certainty, but I

0:22:57.920 --> 0:22:59.760
<v Speaker 1>wonder if it was frank Kauser who met with the

0:22:59.880 --> 0:23:03.960
<v Speaker 1>f in nineteen ninety four. Barry's FBI file has a

0:23:04.000 --> 0:23:07.880
<v Speaker 1>few heavily redacted pages about an aspiring clan informant who

0:23:07.920 --> 0:23:10.160
<v Speaker 1>reported that he was present at a clan meeting when

0:23:10.200 --> 0:23:12.960
<v Speaker 1>Barry Black. Since the Klan had a plan to deal

0:23:13.000 --> 0:23:18.000
<v Speaker 1>harshly with traitors, the informant told the FBI that Barry

0:23:18.000 --> 0:23:22.399
<v Speaker 1>Black had automatic weapons in hand. Grades and to their credit,

0:23:22.480 --> 0:23:25.160
<v Speaker 1>the FBI seems to have taken the tip pretty seriously,

0:23:25.680 --> 0:23:27.639
<v Speaker 1>and in the summer of nineteen ninety four, they opened

0:23:27.640 --> 0:23:32.320
<v Speaker 1>a domestic terrorism investigation into Barry Black. After only a week,

0:23:32.359 --> 0:23:36.200
<v Speaker 1>though the Pittsburgh Field Office downgraded and then ultimately closed

0:23:36.200 --> 0:23:41.760
<v Speaker 1>the investigation, citing the tipster's quote inability to factually corroborate

0:23:42.000 --> 0:23:59.240
<v Speaker 1>any of his allegations to make them believable. So Barry

0:23:59.320 --> 0:24:01.720
<v Speaker 1>is keeping pretty busy through the nineties with his new

0:24:01.760 --> 0:24:05.520
<v Speaker 1>clan group. He's got barades to lead and picnics to

0:24:05.560 --> 0:24:08.840
<v Speaker 1>attend and he's holding regular cross burnings, and by the

0:24:08.880 --> 0:24:11.840
<v Speaker 1>late nineties, these cross burnings are happening across the street

0:24:12.200 --> 0:24:16.639
<v Speaker 1>from the Casanova Lounge, which was Somerset County, Pennsylvania's only

0:24:16.800 --> 0:24:21.399
<v Speaker 1>gay bar. In its brief four years in operation, the

0:24:21.440 --> 0:24:25.040
<v Speaker 1>bar was the site of relentless protests from neighbors, a

0:24:25.119 --> 0:24:29.720
<v Speaker 1>self proclaimed Anabaptist bishop and the clan, as well as

0:24:29.720 --> 0:24:35.439
<v Speaker 1>a target for shotgun blasts and Molotov cocktails. Patricia and

0:24:35.480 --> 0:24:38.760
<v Speaker 1>Merrick Kramer, a straight couple in their fifties with grown children,

0:24:39.240 --> 0:24:41.960
<v Speaker 1>bought an old tavern on Route nine eighty five in

0:24:42.040 --> 0:24:45.439
<v Speaker 1>nineteen ninety five. They ran at as a restaurant for

0:24:45.480 --> 0:24:48.280
<v Speaker 1>two years before deciding in January of nineteen ninety seven

0:24:48.840 --> 0:24:52.480
<v Speaker 1>to start catering to gay clientele. It was the only

0:24:52.480 --> 0:24:59.720
<v Speaker 1>such establishment for Miles and Miles. Patricia Pat to her friends,

0:25:00.119 --> 0:25:03.280
<v Speaker 1>and I'd like to be Pat's friend said. They had

0:25:03.280 --> 0:25:05.680
<v Speaker 1>customers drive in from as far as Maryland and West

0:25:05.760 --> 0:25:08.960
<v Speaker 1>Virginia for their tea dances, a kind of gay singles

0:25:08.960 --> 0:25:11.280
<v Speaker 1>event whose name is a legacy of an era when

0:25:11.280 --> 0:25:15.920
<v Speaker 1>it was illegal to sell alcohol to known homosexuals. In

0:25:16.000 --> 0:25:18.320
<v Speaker 1>nineteen ninety seven, Pat Kragmer told a reporter from The

0:25:18.400 --> 0:25:22.800
<v Speaker 1>Washington Blade, we do nothing improper here. We have dancing,

0:25:23.400 --> 0:25:25.960
<v Speaker 1>We served dinner from four to six p m. I

0:25:26.040 --> 0:25:30.320
<v Speaker 1>do all the cooking. The DC based LGBT newspaper had

0:25:30.359 --> 0:25:32.560
<v Speaker 1>reached out to the Kramers after the first time a

0:25:32.600 --> 0:25:35.840
<v Speaker 1>shotgun was fired through the front door, injuring three patrons,

0:25:37.040 --> 0:25:41.280
<v Speaker 1>and that's when street preacher Ron McCrae started showing up.

0:25:43.359 --> 0:25:45.800
<v Speaker 1>If you're old enough to have been politically aware in

0:25:45.840 --> 0:25:48.360
<v Speaker 1>the early Obama years, this may not be the first

0:25:48.400 --> 0:25:51.720
<v Speaker 1>time you've heard of Ron McCray. In two thousand and eight,

0:25:51.760 --> 0:25:54.960
<v Speaker 1>and now disbarred attorney named Philip Burg filed a lawsuit

0:25:55.000 --> 0:25:58.000
<v Speaker 1>alleging that Barack Obama could not legally become the president

0:25:58.040 --> 0:26:01.240
<v Speaker 1>because he had been born in Kenya. A judge threw

0:26:01.280 --> 0:26:04.560
<v Speaker 1>it out, calling it frivolous and not worthy of discussion,

0:26:05.400 --> 0:26:09.679
<v Speaker 1>which it was, but that's never stopped a conspiracy theorist.

0:26:10.840 --> 0:26:12.960
<v Speaker 1>In December of two thousand and eight, Berg filed a

0:26:12.960 --> 0:26:16.040
<v Speaker 1>motion for an emergency injunction to stop the certification of

0:26:16.040 --> 0:26:20.520
<v Speaker 1>the election. In his ninety six page filing, Ron McCrae's

0:26:20.600 --> 0:26:26.040
<v Speaker 1>name appears over one hundred times so if you have

0:26:26.080 --> 0:26:30.240
<v Speaker 1>any familiarity at all with the birthrism conspiracy, you've probably

0:26:30.280 --> 0:26:35.160
<v Speaker 1>seen some vaguely sourced false claim that Obama's Kenyan grandmother,

0:26:35.240 --> 0:26:38.800
<v Speaker 1>a woman named Sarah, who was his father's stepmother, was

0:26:38.840 --> 0:26:41.480
<v Speaker 1>there in the room when he was born in Mombasa.

0:26:42.800 --> 0:26:46.840
<v Speaker 1>It's not true. To be clear, Barack Obama was not

0:26:46.880 --> 0:26:50.680
<v Speaker 1>born in Mombasa, but the claim originated from a selectively

0:26:50.800 --> 0:26:54.439
<v Speaker 1>edited recording of a phone call Ron McCrae had with

0:26:54.520 --> 0:26:57.240
<v Speaker 1>her via a translator in October two thousand and eight,

0:26:58.520 --> 0:27:02.159
<v Speaker 1>and McCrae was an enthusiastic participant in this conspiracy, providing

0:27:02.200 --> 0:27:05.160
<v Speaker 1>a sworn affidavit about the phone call for Berg's lawsuit.

0:27:06.440 --> 0:27:10.920
<v Speaker 1>The Supreme Court denied Berg's petition without comment, but mccray's

0:27:10.920 --> 0:27:14.399
<v Speaker 1>hoax was now part of this official record, and conspiracy

0:27:14.400 --> 0:27:18.359
<v Speaker 1>theorists can easily brush off silly complications, like the fact

0:27:18.400 --> 0:27:21.760
<v Speaker 1>that the lawsuit was dismissed as being utterly without merit.

0:27:22.400 --> 0:27:27.800
<v Speaker 1>Once a lie is born, it can become unkillable. The

0:27:27.840 --> 0:27:30.840
<v Speaker 1>White House plumber himself, G. Gordon Liddy, repeated that same

0:27:30.960 --> 0:27:33.240
<v Speaker 1>lie a year later on an episode of Hardball with

0:27:33.320 --> 0:27:37.040
<v Speaker 1>Chris Matthews. Conveniently blurring the facts by claiming that the

0:27:37.119 --> 0:27:42.000
<v Speaker 1>sworn statement was from Sarah Obama herself rather than from McCrae,

0:27:42.040 --> 0:27:47.000
<v Speaker 1>who was merely repeating what he claimed she said to him.

0:27:47.400 --> 0:27:51.960
<v Speaker 2>The preponderance of the evidence is as follows. You've got

0:27:52.880 --> 0:27:56.560
<v Speaker 2>a deposition, which is a sworn statement from the step

0:27:56.600 --> 0:28:00.960
<v Speaker 2>grandmother who says I was present and saw him born

0:28:01.640 --> 0:28:03.160
<v Speaker 2>in Mombasa, CanYa.

0:28:05.440 --> 0:28:08.960
<v Speaker 1>Before he gave birth to one of Birthaism's most stubborn lies.

0:28:09.600 --> 0:28:13.199
<v Speaker 1>Ronnie Marcus McCrae grew up in Texas and claims to

0:28:13.240 --> 0:28:15.800
<v Speaker 1>have been a police officer before turning to street preaching

0:28:15.840 --> 0:28:19.320
<v Speaker 1>in his thirties, but I can't find any particular evidence

0:28:19.359 --> 0:28:21.359
<v Speaker 1>beyond his own claims that he was ever a cop.

0:28:22.680 --> 0:28:25.240
<v Speaker 1>By the late nineteen eighties, he was in western Pennsylvania

0:28:25.359 --> 0:28:28.600
<v Speaker 1>preaching the Word of God to unwilling congregants on street corners.

0:28:29.920 --> 0:28:32.600
<v Speaker 1>He was arrested a handful of times for violating noise

0:28:32.720 --> 0:28:36.119
<v Speaker 1>ordinances or for disorderly conduct, and when he sued the

0:28:36.119 --> 0:28:39.680
<v Speaker 1>authorities in Johnstown, Pennsylvania, nineteen ninety one for violating his rights,

0:28:40.480 --> 0:28:44.760
<v Speaker 1>they paid him seventy five hundred dollars to settle and

0:28:44.800 --> 0:28:47.479
<v Speaker 1>that seems to have been the origin of McCrae's street

0:28:47.480 --> 0:28:51.320
<v Speaker 1>preacher's fellowship. It was a fairly litigious collective of amateur

0:28:51.440 --> 0:28:54.760
<v Speaker 1>street preachers who would screen Bible verses on street corners

0:28:54.800 --> 0:28:57.560
<v Speaker 1>until the police would intervene, and then they would sue.

0:28:58.800 --> 0:29:00.400
<v Speaker 1>And that seems like what he was trying trying to

0:29:00.400 --> 0:29:04.120
<v Speaker 1>do to Patricia Kramer and her customers outside Casanova almost

0:29:04.160 --> 0:29:10.640
<v Speaker 1>every weekend for four years. Ron McCray was the loudest

0:29:10.680 --> 0:29:13.480
<v Speaker 1>and most persistent opponent to the gay bar, but he

0:29:13.600 --> 0:29:17.600
<v Speaker 1>was far from the only one. Don and Lisa Penrod

0:29:17.640 --> 0:29:19.360
<v Speaker 1>lived less than a mile away on a plot of

0:29:19.440 --> 0:29:23.360
<v Speaker 1>land they'd inherited from Don's family. At a town meeting

0:29:23.440 --> 0:29:26.120
<v Speaker 1>shortly after the bar opened, the Penrods were among residents

0:29:26.160 --> 0:29:29.719
<v Speaker 1>complaining about lewd and filthy literature found in the neighborhood.

0:29:30.880 --> 0:29:34.440
<v Speaker 1>Pat Kramer tried to explain that no, those are flyers

0:29:34.560 --> 0:29:40.360
<v Speaker 1>advertising a glowstick party, saying it's nothing provocative. We don't

0:29:40.400 --> 0:29:44.719
<v Speaker 1>run a dirty bar. After someone fired a shotgun through

0:29:44.760 --> 0:29:46.680
<v Speaker 1>the door of the crowded bar one night in March

0:29:46.720 --> 0:29:50.160
<v Speaker 1>of nineteen ninety seven, Don Penrod told the local paper

0:29:50.200 --> 0:29:53.640
<v Speaker 1>that actually he'd forgotten to mention this before, But a

0:29:53.680 --> 0:29:57.520
<v Speaker 1>few days before that happened. Actually, something bad happened to

0:29:57.600 --> 0:30:01.840
<v Speaker 1>him too. Someone had spray painted gay haters you will

0:30:01.840 --> 0:30:07.080
<v Speaker 1>all Die Love pat on his garage. The paper doesn't

0:30:07.280 --> 0:30:10.960
<v Speaker 1>include a photo of this vandalism, or even mention any

0:30:11.040 --> 0:30:15.400
<v Speaker 1>claim that a photo might exist. In separate town meetings

0:30:15.400 --> 0:30:18.920
<v Speaker 1>that spring, Don Penrod claimed that he found hardcore gay

0:30:18.960 --> 0:30:22.360
<v Speaker 1>pornography on his front lawn, and his wife, Lisa Penrod,

0:30:22.400 --> 0:30:25.160
<v Speaker 1>claimed that their child found an abandoned sex toy while

0:30:25.160 --> 0:30:29.640
<v Speaker 1>playing outside. In both instances, the Penrods demand to know

0:30:29.680 --> 0:30:33.480
<v Speaker 1>how they're supposed to explain this perversion to a child.

0:30:34.520 --> 0:30:37.240
<v Speaker 1>I can find no evidence of anyone, aside from the

0:30:37.240 --> 0:30:40.480
<v Speaker 1>Penrods themselves, who ever made any claim to have seen

0:30:40.960 --> 0:30:45.000
<v Speaker 1>either of these things. In April, the Penrods and their neighbors,

0:30:45.000 --> 0:30:47.400
<v Speaker 1>who were disgusted at the idea of even having to

0:30:47.520 --> 0:30:49.800
<v Speaker 1>drive on a road that shared a name with a

0:30:49.840 --> 0:30:53.200
<v Speaker 1>den of sin, successfully petitioned to have the town rename

0:30:53.320 --> 0:30:58.880
<v Speaker 1>Cosunova Road to Hemlock Road. In May of nineteen ninety seven,

0:30:59.560 --> 0:31:06.320
<v Speaker 1>the Penrod invited the clan over Barry Black's Keystone Knights

0:31:06.400 --> 0:31:09.040
<v Speaker 1>used the Penrod's farm as a staging area to park

0:31:09.280 --> 0:31:11.920
<v Speaker 1>down their robes and then march down the street to

0:31:11.960 --> 0:31:16.680
<v Speaker 1>the bar. They spent an afternoon hollering at the empty establishment,

0:31:16.760 --> 0:31:19.160
<v Speaker 1>it's a bar, nobody's there in the middle of the afternoon,

0:31:20.160 --> 0:31:22.560
<v Speaker 1>and then they retired to the Penronz property for a

0:31:22.560 --> 0:31:26.280
<v Speaker 1>cross burning. Patrons at the bar would have been able

0:31:26.320 --> 0:31:28.360
<v Speaker 1>to see the glow from the flames when they pulled

0:31:28.360 --> 0:31:32.960
<v Speaker 1>into the parking lot that Saturday night. Ron McCrae kept

0:31:33.040 --> 0:31:36.160
<v Speaker 1>up his antics outside Casanova, but Barry had bigger things

0:31:36.200 --> 0:31:39.400
<v Speaker 1>going on. Towards the end of nineteen ninety seven, he

0:31:39.480 --> 0:31:44.400
<v Speaker 1>got elected constable again, just as he had in nineteen

0:31:44.480 --> 0:31:47.320
<v Speaker 1>ninety one. He managed to secure a victory in Johnstown's

0:31:47.320 --> 0:31:51.720
<v Speaker 1>twenty first ward on write in votes alone. This time

0:31:51.760 --> 0:31:57.800
<v Speaker 1>though he got one. He got one vote. Nobody was running,

0:31:57.840 --> 0:32:02.280
<v Speaker 1>and I guess nobody else vote, and so he won

0:32:02.320 --> 0:32:05.960
<v Speaker 1>with one. And I can't find any reporting on whether

0:32:06.040 --> 0:32:08.880
<v Speaker 1>or not he was ever asked outright if that one

0:32:09.000 --> 0:32:13.760
<v Speaker 1>vote was his own, But I think it's a safe bet.

0:32:15.040 --> 0:32:17.840
<v Speaker 1>I have to wonder if it was a joke. I mean,

0:32:17.920 --> 0:32:20.880
<v Speaker 1>was he having a private joke with himself or was

0:32:20.920 --> 0:32:24.320
<v Speaker 1>a friend joking about how he had done it last time.

0:32:25.160 --> 0:32:27.280
<v Speaker 1>Did he really think it would work a second time?

0:32:27.960 --> 0:32:29.840
<v Speaker 1>And if he did do this himself, why didn't he

0:32:29.920 --> 0:32:32.960
<v Speaker 1>ask anyone else to do it with him? Was he

0:32:33.080 --> 0:32:35.480
<v Speaker 1>surprised when he found out he was the constable again?

0:32:36.480 --> 0:32:41.160
<v Speaker 1>There's really no way to know. So he's back in

0:32:41.160 --> 0:32:44.720
<v Speaker 1>the saddle as constable. And it seems like nobody noticed.

0:32:45.760 --> 0:32:48.120
<v Speaker 1>It must not be a very demanding job if no

0:32:48.120 --> 0:32:50.520
<v Speaker 1>one noticed that there were no candidates at all for

0:32:50.600 --> 0:32:53.120
<v Speaker 1>the office, and no one said a word when a

0:32:53.120 --> 0:32:55.960
<v Speaker 1>guy who'd been ordered by the state Supreme Court to

0:32:56.040 --> 0:33:01.040
<v Speaker 1>vacate the position just unilaterally voted himself back in. But

0:33:02.200 --> 0:33:06.320
<v Speaker 1>there it was. And in nineteen ninety eight, Casanova is

0:33:06.440 --> 0:33:09.880
<v Speaker 1>entering its second year as Somerset County's only gay bar,

0:33:10.640 --> 0:33:15.040
<v Speaker 1>and things are getting worse. There was another crossburning across

0:33:15.080 --> 0:33:19.440
<v Speaker 1>the street. They got bomb threats. Ron McCrae vowed to

0:33:19.480 --> 0:33:22.040
<v Speaker 1>be out there every Friday and Saturday night until the

0:33:22.080 --> 0:33:25.600
<v Speaker 1>bar was forced to shut down. The Kramers were getting

0:33:25.640 --> 0:33:29.000
<v Speaker 1>death threats in the mail. The front windows were smashed

0:33:29.040 --> 0:33:33.040
<v Speaker 1>out with huge rocks thrown from a passing car, but

0:33:33.080 --> 0:33:35.240
<v Speaker 1>the Cramers weren't going to lie down and take it.

0:33:36.600 --> 0:33:39.640
<v Speaker 1>Speaking later to Professor Todd Hibel for his essay blame

0:33:39.720 --> 0:33:42.880
<v Speaker 1>it on the Casanova, good Scenery and sodomy in rural

0:33:42.960 --> 0:33:47.760
<v Speaker 1>southwestern Pennsylvania, pat said, McCray made a pledge to these

0:33:47.800 --> 0:33:49.880
<v Speaker 1>neighbors that he would have us closed in a week.

0:33:50.560 --> 0:33:54.320
<v Speaker 1>Well that never happened. Never happened because McCrae didn't know

0:33:54.360 --> 0:33:59.360
<v Speaker 1>who I was, and the Cramers weren't alone. Some neighbors

0:33:59.400 --> 0:34:02.400
<v Speaker 1>were on their side, even forming a group called Network

0:34:02.400 --> 0:34:06.080
<v Speaker 1>of Neighbors United against Hate Crimes. And I know you're

0:34:06.080 --> 0:34:08.200
<v Speaker 1>probably trying to spell that out in your mind to

0:34:08.200 --> 0:34:11.560
<v Speaker 1>see if that makes some kind of initialism. It doesn't.

0:34:11.640 --> 0:34:17.279
<v Speaker 1>It's n NUA HC. It doesn't spell anything. And while

0:34:17.280 --> 0:34:19.760
<v Speaker 1>the local gay community in Somerset County was pretty small,

0:34:20.280 --> 0:34:22.759
<v Speaker 1>the gay community in cities like Pittsburgh and DC were

0:34:22.840 --> 0:34:26.000
<v Speaker 1>rooting for them. A group of gay men from Pittsburgh

0:34:26.000 --> 0:34:28.080
<v Speaker 1>rented a bus to come out to Somerset County for

0:34:28.120 --> 0:34:31.120
<v Speaker 1>a theme night. They called it burn in Hell Night,

0:34:31.600 --> 0:34:33.960
<v Speaker 1>poking fun at the screaming preacher in the parking lot

0:34:33.960 --> 0:34:35.800
<v Speaker 1>who was always telling them that's where they were heading.

0:34:37.800 --> 0:34:40.400
<v Speaker 1>In March of nineteen ninety eight, a DC based group

0:34:40.520 --> 0:34:43.680
<v Speaker 1>called the Lesbian Avengers drove three hours to show their

0:34:43.680 --> 0:34:48.439
<v Speaker 1>support for Casanova. Washington City Paper reporter Amanda Ripley joined

0:34:48.480 --> 0:34:53.200
<v Speaker 1>them for the trip. The Avengers danced, drank, mingled, and

0:34:53.239 --> 0:34:57.880
<v Speaker 1>performed some comedic skits for patrons at the bar. Pat Kramer,

0:34:58.040 --> 0:35:00.680
<v Speaker 1>that straight married woman in her fifties ran the bar,

0:35:00.840 --> 0:35:04.440
<v Speaker 1>said I thought that the girls were just wonderful. We

0:35:04.520 --> 0:35:09.160
<v Speaker 1>loved them, and added even some heterosexuals offered them to

0:35:09.200 --> 0:35:12.760
<v Speaker 1>stay in their homes in the future. And Pat beamed

0:35:12.800 --> 0:35:14.879
<v Speaker 1>as she told these girls from out of town that

0:35:15.480 --> 0:35:17.959
<v Speaker 1>a lot of her bar's patrons just call her mother.

0:35:19.320 --> 0:35:24.359
<v Speaker 1>I've always wanted a large family, she explained. Pat's own

0:35:24.440 --> 0:35:27.400
<v Speaker 1>daughter had died a few years earlier after contracting HIV

0:35:27.520 --> 0:35:31.279
<v Speaker 1>from a blood transfusion, and now here she is with

0:35:31.400 --> 0:35:37.000
<v Speaker 1>this gay bar full of chosen family. I wonder it

0:35:37.480 --> 0:35:40.319
<v Speaker 1>doesn't say, but I wonder if it was at her

0:35:40.400 --> 0:35:43.440
<v Speaker 1>daughter's bedside that she first came to see the importance

0:35:43.480 --> 0:35:47.480
<v Speaker 1>of queer community. Her daughter had been infected by a

0:35:47.480 --> 0:35:51.080
<v Speaker 1>blood transfusion, but I have to imagine Pat Kramer met

0:35:51.280 --> 0:35:55.520
<v Speaker 1>patients and caregivers and grieving partners there on the Aids ward,

0:35:56.200 --> 0:35:58.239
<v Speaker 1>and she got a much more intimate look at who

0:35:58.239 --> 0:36:01.600
<v Speaker 1>gay people really were than those straight suburban women were

0:36:01.600 --> 0:36:05.840
<v Speaker 1>getting in nineteen ninety. Before they left DC, on the

0:36:05.880 --> 0:36:08.960
<v Speaker 1>day of their visit to Somerset County, the Lesbian Avengers

0:36:09.040 --> 0:36:12.640
<v Speaker 1>all agreed on the rules of engagement. They were headed

0:36:12.719 --> 0:36:17.000
<v Speaker 1>up there to support Casanova, and things are different out

0:36:17.000 --> 0:36:19.920
<v Speaker 1>in the country. They didn't want to make things worse

0:36:19.960 --> 0:36:22.320
<v Speaker 1>for the gay people who lived there, and they really

0:36:22.320 --> 0:36:24.439
<v Speaker 1>didn't want to end up in the county jail. So

0:36:25.120 --> 0:36:28.879
<v Speaker 1>the rules were no cussing, no taking off your top.

0:36:30.480 --> 0:36:33.280
<v Speaker 1>On the drive up, their lawyer, Kathy reminded them again

0:36:33.400 --> 0:36:38.160
<v Speaker 1>to quote resist the urge to strip down an arm wrestle.

0:36:38.440 --> 0:36:43.080
<v Speaker 1>This isn't DC. So they were on their best behavior

0:36:43.120 --> 0:36:46.120
<v Speaker 1>when they got there. They ignored Ron McCrae and the

0:36:46.120 --> 0:36:48.919
<v Speaker 1>other protesters when they swarmed the women in the parking lot,

0:36:49.000 --> 0:36:52.359
<v Speaker 1>calling them trash and wicked and failures as women, and

0:36:52.360 --> 0:36:55.080
<v Speaker 1>telling them they would never find husbands and that they

0:36:55.080 --> 0:36:59.040
<v Speaker 1>would burn in hell. I'm not sure one of those

0:36:59.080 --> 0:37:03.080
<v Speaker 1>things really bothered. But they just walked into the bar

0:37:03.200 --> 0:37:08.160
<v Speaker 1>and they had a great time. Ripley's article describes mccray's

0:37:08.200 --> 0:37:10.880
<v Speaker 1>teenage sons standing silently in the parking lot next to

0:37:10.920 --> 0:37:17.400
<v Speaker 1>his father, holding a sign that read Casanova customers, child molesters, strippers, whores,

0:37:17.440 --> 0:37:22.480
<v Speaker 1>cross dressers, prostitutes, sodomites, five drunkards, and a handful of wackos.

0:37:23.560 --> 0:37:26.560
<v Speaker 1>I'm not sure which of mccray's sons that would have been,

0:37:26.680 --> 0:37:29.120
<v Speaker 1>but I don't think it was the one who would

0:37:29.200 --> 0:37:33.120
<v Speaker 1>later get arrested for inappropriate sexual contact with a lot

0:37:33.120 --> 0:37:37.359
<v Speaker 1>of underage girls. And when the Avengers walked out into

0:37:37.360 --> 0:37:40.480
<v Speaker 1>the parking lot at little after one am, McCray was

0:37:40.520 --> 0:37:44.640
<v Speaker 1>still there, just as they did every weekend. The protesters

0:37:44.640 --> 0:37:47.600
<v Speaker 1>were there in the parking lot, and they surrounded patrons

0:37:47.600 --> 0:37:51.080
<v Speaker 1>trying to leave the bar. They screamed and threatened and

0:37:51.120 --> 0:37:54.560
<v Speaker 1>blocked them from getting to their van. One protester got

0:37:54.640 --> 0:37:56.880
<v Speaker 1>right in the face of Beth Armitage, a member of

0:37:56.880 --> 0:37:59.960
<v Speaker 1>the Lesbian Avengers, and said, you never know, this night

0:38:00.200 --> 0:38:03.640
<v Speaker 1>might be her last. But they were prepared for this.

0:38:04.880 --> 0:38:09.000
<v Speaker 1>The Lesbian Avengers were no strangers to confrontation. In fact,

0:38:09.040 --> 0:38:11.799
<v Speaker 1>they reveled in it. They were only on their best

0:38:11.800 --> 0:38:15.279
<v Speaker 1>behavior that night for everyone else's sake. They kept their

0:38:15.320 --> 0:38:17.759
<v Speaker 1>heads down and refused to engage on their way into

0:38:17.800 --> 0:38:21.080
<v Speaker 1>the bar earlier that evening, But now they couldn't resist.

0:38:22.239 --> 0:38:24.239
<v Speaker 1>They promised they weren't going to make a scene, they

0:38:24.280 --> 0:38:28.240
<v Speaker 1>weren't going to engage, But it was cold and late,

0:38:28.960 --> 0:38:31.520
<v Speaker 1>and these men screaming slurs at them were keeping them

0:38:31.520 --> 0:38:34.759
<v Speaker 1>from the warmth of their van. So they formed a

0:38:34.760 --> 0:38:56.480
<v Speaker 1>semicircle and began to chant the Lesbian Avengers are fire eaters.

0:38:58.520 --> 0:39:01.920
<v Speaker 1>In September of nineteen ninety two, Hattie May Cohens, a

0:39:01.960 --> 0:39:05.319
<v Speaker 1>black lesbian, and her roommate Brian Mock, a white gay

0:39:05.320 --> 0:39:09.239
<v Speaker 1>man with an intellectual disability, were burned alive in their

0:39:09.280 --> 0:39:13.040
<v Speaker 1>home in Oregon after Neo Nazi's skinheads through Molotov cocktails

0:39:13.080 --> 0:39:17.120
<v Speaker 1>through the windows of her apartment. A month later, at

0:39:17.120 --> 0:39:19.840
<v Speaker 1>a vigil for Cohens and Mock in New York, the

0:39:19.920 --> 0:39:24.760
<v Speaker 1>Lesbian Avengers ate fire for the first time. The fire

0:39:24.840 --> 0:39:28.960
<v Speaker 1>will not consume us. We take it and make it

0:39:29.000 --> 0:39:32.680
<v Speaker 1>our own. Their lawyer had pleaded with him on the

0:39:32.760 --> 0:39:36.560
<v Speaker 1>drive up not to do this tonight. Not here they

0:39:36.600 --> 0:39:39.799
<v Speaker 1>could get charged with public disturbance, and this wasn't a

0:39:39.840 --> 0:39:43.399
<v Speaker 1>friendly place to have to fight a charge. But here

0:39:43.400 --> 0:39:47.120
<v Speaker 1>they were in the snow being told that they would burn,

0:39:48.760 --> 0:39:51.640
<v Speaker 1>so Ron McCrae got to see those lesbians eat the fire.

0:39:51.719 --> 0:39:55.680
<v Speaker 1>He was always threatening people with the Ku Klux claned

0:39:55.680 --> 0:39:59.080
<v Speaker 1>with their burning crosses, and the skinheads with their Molotov cocktails,

0:39:59.120 --> 0:40:01.560
<v Speaker 1>and the street preach with their threats of the fires

0:40:01.560 --> 0:40:06.439
<v Speaker 1>of hell. They're always surprised when a bitch burns back.

0:40:20.960 --> 0:40:24.360
<v Speaker 1>Barry's clan group had staged protests directly outside Casanova in

0:40:24.400 --> 0:40:27.280
<v Speaker 1>May of nineteen ninety seven, but in July of nineteen

0:40:27.320 --> 0:40:30.240
<v Speaker 1>ninety eight, he assured the Kramers that the clan's presence

0:40:30.239 --> 0:40:32.439
<v Speaker 1>in the area had nothing to do with the bar,

0:40:33.120 --> 0:40:35.640
<v Speaker 1>and nothing to do with the fact that the bar's owner,

0:40:35.760 --> 0:40:38.560
<v Speaker 1>Pat Kramer, had just returned from a trip to Washington,

0:40:38.640 --> 0:40:40.960
<v Speaker 1>d c. Where she had testified in front of the

0:40:40.960 --> 0:40:45.319
<v Speaker 1>Senate Judiciary Committee in a hearing on hate crimes legislation. No,

0:40:45.600 --> 0:40:48.360
<v Speaker 1>it had nothing to do with that. The clan was

0:40:48.400 --> 0:40:51.240
<v Speaker 1>just in the neighborhood for an entirely unrelated cross burning.

0:40:52.760 --> 0:40:54.960
<v Speaker 1>Don and Lisa Penrod, that couple who had been active

0:40:55.000 --> 0:40:57.200
<v Speaker 1>in the protest against the bar's presence in the town,

0:40:57.840 --> 0:40:59.719
<v Speaker 1>owned a little bit of land across the street and

0:40:59.800 --> 0:41:02.280
<v Speaker 1>they invited the Klan to have a picnic on their property.

0:41:03.360 --> 0:41:05.640
<v Speaker 1>Their farm had been the site of previous clan rallies

0:41:05.640 --> 0:41:09.200
<v Speaker 1>and cross burnings, and on this July afternoon, they'd be

0:41:09.239 --> 0:41:14.799
<v Speaker 1>hosting the clan's White Pride Day picnic. The picnic did

0:41:14.800 --> 0:41:18.040
<v Speaker 1>not go well. I'll go ahead and spoil it. One

0:41:18.120 --> 0:41:23.960
<v Speaker 1>local paper ran the headline KKK picnic host arrested. The

0:41:24.000 --> 0:41:26.440
<v Speaker 1>two day affair was announced two weeks ahead of the event.

0:41:27.440 --> 0:41:30.680
<v Speaker 1>Local residents who opposed the Klan held their own competing picnic,

0:41:30.800 --> 0:41:34.120
<v Speaker 1>calling it the Unity Picnic at the Laurel Trinity Lutheran

0:41:34.200 --> 0:41:37.920
<v Speaker 1>Church a few miles away. The Pittsburgh Post Gazette reported

0:41:37.920 --> 0:41:41.879
<v Speaker 1>that Ron McCray himself stopped by the Unity picnic. He'd

0:41:41.920 --> 0:41:44.000
<v Speaker 1>sent the church a letter denouncing their pastor of the

0:41:44.000 --> 0:41:47.279
<v Speaker 1>week before and accusing members of the congregation of a

0:41:47.320 --> 0:41:51.600
<v Speaker 1>variety of sexual sins. But even Ron McCrae hated the clan.

0:41:53.400 --> 0:41:57.360
<v Speaker 1>I'm not totally sure why he hated the clan, to

0:41:57.400 --> 0:42:00.200
<v Speaker 1>be honest. I mean, his own religious beliefs include the

0:42:00.239 --> 0:42:04.239
<v Speaker 1>idea that sex outside your own race is within the

0:42:04.239 --> 0:42:07.480
<v Speaker 1>Biblical definition of the sin of fornication, so it's not

0:42:07.560 --> 0:42:13.320
<v Speaker 1>like he's not racist, but nevertheless, he apparently enjoyed the picnic.

0:42:14.360 --> 0:42:16.920
<v Speaker 1>About one hundred and fifty people attended, and the local

0:42:16.920 --> 0:42:20.760
<v Speaker 1>paper reported that dinner was served potluck style and speeches

0:42:20.760 --> 0:42:23.719
<v Speaker 1>were given by various state and local civil rights organizations.

0:42:25.239 --> 0:42:28.400
<v Speaker 1>Over at the clan picnic, the police were keeping an

0:42:28.440 --> 0:42:33.719
<v Speaker 1>eye on the Penrod farm, specifically on Barry Black. Barry

0:42:33.760 --> 0:42:36.719
<v Speaker 1>would later explain to a reporter that the reason his

0:42:36.800 --> 0:42:40.960
<v Speaker 1>family friendly picnic was crawling with burly tattooed clansmen with

0:42:41.040 --> 0:42:44.600
<v Speaker 1>pump action riot shotguns is that they were worried that

0:42:44.640 --> 0:42:49.760
<v Speaker 1>the people from the gay bar would come bother them

0:42:49.800 --> 0:42:53.160
<v Speaker 1>and just a little more clan vocabulary. Those security guards

0:42:53.200 --> 0:42:57.600
<v Speaker 1>are the Nighthawks. And while these armed guards were under

0:42:57.600 --> 0:43:00.680
<v Speaker 1>strict orders to prevent media or cameras of any kind

0:43:00.800 --> 0:43:04.799
<v Speaker 1>really from entering the property, Barry invited Dennis Roddy, a

0:43:04.840 --> 0:43:08.120
<v Speaker 1>reporter from the Pittsburgh Post Gazette, into the picnic for

0:43:08.440 --> 0:43:12.360
<v Speaker 1>a little tour, and Barry was just so happy to

0:43:12.400 --> 0:43:15.480
<v Speaker 1>show off his event to this reporter from the big city,

0:43:15.560 --> 0:43:17.200
<v Speaker 1>and he made sure to put it on the record

0:43:17.239 --> 0:43:20.000
<v Speaker 1>that there was absolutely no reason to worry about any

0:43:20.080 --> 0:43:23.200
<v Speaker 1>lawlessness going on to the picnic. Not only did the

0:43:23.239 --> 0:43:26.560
<v Speaker 1>Klan count many cops from a variety of counties among

0:43:26.600 --> 0:43:32.440
<v Speaker 1>their membership, Barry himself was in law enforcement. Nobody seemed

0:43:32.440 --> 0:43:35.080
<v Speaker 1>to have noticed up until this point that Barry was

0:43:35.080 --> 0:43:37.960
<v Speaker 1>the constable again. But here he is bragging about it

0:43:38.000 --> 0:43:41.239
<v Speaker 1>to a reporter, and that's going to bite him in

0:43:41.239 --> 0:43:45.200
<v Speaker 1>the ass. Later sometime that afternoon, just as it was

0:43:45.239 --> 0:43:47.160
<v Speaker 1>about time to start setting up the cross that they

0:43:47.160 --> 0:43:49.680
<v Speaker 1>were going to burn when the sun went down, the

0:43:49.800 --> 0:43:54.880
<v Speaker 1>Nighthawks saw something. State Police had made no secret of

0:43:54.920 --> 0:43:56.759
<v Speaker 1>the fact that they were increasing their presence in the

0:43:56.800 --> 0:43:59.920
<v Speaker 1>area that day, just as a precaution. They didn't want

0:44:00.200 --> 0:44:03.200
<v Speaker 1>any chance of these competing picnics and countering one another.

0:44:04.200 --> 0:44:06.560
<v Speaker 1>But in addition to their visible presence in the area,

0:44:06.960 --> 0:44:09.439
<v Speaker 1>the state police had gotten permission from the Penrod's next

0:44:09.440 --> 0:44:13.960
<v Speaker 1>door neighbor to be on their property, and from that

0:44:14.080 --> 0:44:17.799
<v Speaker 1>neighboring property, an undercover state trooper was perched in a

0:44:17.840 --> 0:44:22.279
<v Speaker 1>tree with a telephoto lens. They were acting on a

0:44:22.280 --> 0:44:25.840
<v Speaker 1>tip that Barry was once again illegally in possession of

0:44:25.880 --> 0:44:28.040
<v Speaker 1>a firearm, and they wanted to see if they could

0:44:28.080 --> 0:44:31.359
<v Speaker 1>catch a glimpse of him. Handling a gun. It doesn't

0:44:31.400 --> 0:44:34.000
<v Speaker 1>sound like they ever did catch Barry holding a gun,

0:44:34.640 --> 0:44:38.200
<v Speaker 1>but almost everyone else was armed to the absolute teeth,

0:44:39.360 --> 0:44:41.120
<v Speaker 1>so when the nighthawks caught a glimpse of a guy

0:44:41.200 --> 0:44:44.080
<v Speaker 1>hiding in the tree line at the edge of the property,

0:44:44.200 --> 0:44:48.960
<v Speaker 1>they bolted for him. State Trooper George Emmig would later

0:44:49.000 --> 0:44:50.920
<v Speaker 1>testify that he was sitting up in that tree on

0:44:50.960 --> 0:44:54.600
<v Speaker 1>the neighbor's property when about ten picnic attendees rushed over

0:44:54.640 --> 0:44:58.480
<v Speaker 1>to the fence line. He identified himself to the armed

0:44:58.520 --> 0:45:01.000
<v Speaker 1>men as a state trooper, and he explained that he

0:45:01.040 --> 0:45:04.680
<v Speaker 1>had the neighbor's permission to be on their property. He

0:45:04.719 --> 0:45:07.280
<v Speaker 1>said it was at that point that Don Penrod pointed

0:45:07.280 --> 0:45:12.760
<v Speaker 1>the rifle at him and said, you're dead. State Police

0:45:12.800 --> 0:45:16.680
<v Speaker 1>Sergeant George Bivins arrived on the scene almost immediately. He'd

0:45:16.680 --> 0:45:20.440
<v Speaker 1>seen the group moving towards Emig's position, and he testified

0:45:20.440 --> 0:45:22.839
<v Speaker 1>that he'd heard Emig trying to explain to the men

0:45:22.880 --> 0:45:27.640
<v Speaker 1>that he was a police officer, and then Bivins heard

0:45:27.800 --> 0:45:31.760
<v Speaker 1>Ronald Bendix, one of the nighthawks, reply that he didn't

0:45:31.800 --> 0:45:36.040
<v Speaker 1>care and they were going to kill him anyway. It

0:45:36.120 --> 0:45:38.120
<v Speaker 1>was at this point that Bivins drew his own weapon

0:45:38.239 --> 0:45:43.360
<v Speaker 1>and the klansmen scattered. And now now the state police

0:45:43.360 --> 0:45:46.160
<v Speaker 1>had a reason to enter the Penrod property before they

0:45:46.200 --> 0:45:49.239
<v Speaker 1>were keeping it at the fence line, but now they're

0:45:49.239 --> 0:45:54.359
<v Speaker 1>giving chase. Michael Abraham was arrested inside the picnic tent.

0:45:55.480 --> 0:45:59.760
<v Speaker 1>Ronald Bendis was found hiding under a blanket, and Adam

0:45:59.760 --> 0:46:02.920
<v Speaker 1>Woyre was also taken into custody, but it doesn't say

0:46:02.920 --> 0:46:06.880
<v Speaker 1>where he was hiding. Don Penrod was nowhere to be

0:46:06.960 --> 0:46:09.719
<v Speaker 1>found that afternoon, but he was arrested a week later

0:46:09.760 --> 0:46:14.200
<v Speaker 1>when the police searched his home. The police confiscated several shotguns,

0:46:14.200 --> 0:46:17.960
<v Speaker 1>a pistol, a ceremonial clan sword, a Tommy gun, and

0:46:18.080 --> 0:46:23.440
<v Speaker 1>a bulletproof vest. But the picnic wasn't canceled. Three members

0:46:23.480 --> 0:46:26.239
<v Speaker 1>had been carted off to jail, but the show must

0:46:26.280 --> 0:46:29.640
<v Speaker 1>go on, and that cross wasn't going to burn itself.

0:46:31.600 --> 0:46:34.040
<v Speaker 1>A few months later, Barry's lawyer was in court arguing

0:46:34.040 --> 0:46:37.520
<v Speaker 1>for the return of those seized items. I'm not quite

0:46:37.520 --> 0:46:41.160
<v Speaker 1>sure what the legal strategy is here, Like, I don't

0:46:41.160 --> 0:46:44.799
<v Speaker 1>know if you have legal standing as the guest at

0:46:44.840 --> 0:46:47.720
<v Speaker 1>a picnic to challenge the search and seizure of someone

0:46:47.760 --> 0:46:51.759
<v Speaker 1>else's property, and the sword was definitely Barry's, but he

0:46:52.120 --> 0:46:56.480
<v Speaker 1>absolutely was not claiming ownership of the submachine gun. But

0:46:57.160 --> 0:47:00.000
<v Speaker 1>the judge did order the police to return Barry's Sarah

0:47:00.040 --> 0:47:05.200
<v Speaker 1>Ammonial Clan sword, but they kept the guns. It took

0:47:05.200 --> 0:47:07.640
<v Speaker 1>a year to sort out, but in the end Don

0:47:07.760 --> 0:47:10.960
<v Speaker 1>Penrod got six months for terroristic threats, followed by two

0:47:11.040 --> 0:47:14.960
<v Speaker 1>years of supervision for the assault. Stephen Bedecks got fourteen

0:47:15.000 --> 0:47:19.600
<v Speaker 1>months for the assault and terroristic threats, Michael Abraham got

0:47:19.680 --> 0:47:22.920
<v Speaker 1>nine months for simple assault, and Adam Moyer was acquitted

0:47:23.000 --> 0:47:26.839
<v Speaker 1>on all accounts. One article notes that Bedecks got more

0:47:26.880 --> 0:47:28.520
<v Speaker 1>time than the others because at the time of the

0:47:28.520 --> 0:47:31.840
<v Speaker 1>incident he was out on parole for a conviction in

0:47:31.880 --> 0:47:34.520
<v Speaker 1>a case related to his role in a cocaine trafficking

0:47:34.600 --> 0:47:37.200
<v Speaker 1>ring that would bring drugs down from New York City

0:47:37.239 --> 0:47:41.719
<v Speaker 1>and distribute them in the Lehigh Valley area. In twenty twelve,

0:47:41.880 --> 0:47:43.840
<v Speaker 1>he was the president of his local chapter of the

0:47:43.840 --> 0:47:48.480
<v Speaker 1>Pagan's Motorcycle Club when he was federally indicted for cocaine

0:47:48.520 --> 0:47:53.880
<v Speaker 1>trafficking again. He spent five years in prison and died

0:47:53.880 --> 0:47:59.080
<v Speaker 1>shortly after his release, but back to Barry. After those

0:47:59.080 --> 0:48:03.160
<v Speaker 1>three Nighthawks were arrested, Don Penrod used his own property

0:48:03.200 --> 0:48:06.840
<v Speaker 1>as collateral to bail out Abraham and Moyer. Bedex was

0:48:07.000 --> 0:48:10.759
<v Speaker 1>held without bond due to the prole violation, and when

0:48:10.800 --> 0:48:13.520
<v Speaker 1>Penrod himself was arrested a few days after the picnic,

0:48:14.200 --> 0:48:16.920
<v Speaker 1>Barry walked into the jail with a ten thousand dollars

0:48:16.960 --> 0:48:22.319
<v Speaker 1>cashier's check in hand to bail him out. That same week,

0:48:22.400 --> 0:48:25.520
<v Speaker 1>Barry filed a criminal and civil complaint against state police

0:48:25.560 --> 0:48:28.000
<v Speaker 1>Sergeant Bivens, the trooper who drew his gun on the

0:48:28.080 --> 0:48:31.600
<v Speaker 1>klansmen who were pointing their guns at another state trooper,

0:48:32.760 --> 0:48:35.200
<v Speaker 1>and the county prosecutor filed a petition to have Barry

0:48:35.200 --> 0:48:39.040
<v Speaker 1>removed from the office of constable. It's a new prosecutor now,

0:48:39.080 --> 0:48:41.160
<v Speaker 1>that district attorney from the first time around as a

0:48:41.239 --> 0:48:43.520
<v Speaker 1>judge at this point, but the game is the same.

0:48:44.239 --> 0:48:46.719
<v Speaker 1>Barry can't be the constable because he's been convicted of

0:48:46.719 --> 0:48:51.880
<v Speaker 1>too many crimes. Complaining about the police intrusion on his picnic,

0:48:52.280 --> 0:48:55.759
<v Speaker 1>Barry told the local newspaper, the state police are like

0:48:55.800 --> 0:48:59.680
<v Speaker 1>the Gestapo. We are nice white people having a family picnic.

0:49:00.000 --> 0:49:04.240
<v Speaker 1>Where's our first Amendment? Rights to our beliefs, and Barry's

0:49:04.280 --> 0:49:07.160
<v Speaker 1>relationship to the First Amendment is something we'll explore in

0:49:07.160 --> 0:49:10.319
<v Speaker 1>greater detail next week, because that's where I'm gonna leave

0:49:10.320 --> 0:49:13.560
<v Speaker 1>it today. We'll pick up next time with Barry's second

0:49:13.640 --> 0:49:16.480
<v Speaker 1>court battle to keep his job as Cambria County Constable,

0:49:16.640 --> 0:49:20.000
<v Speaker 1>and then follow him to Virginia where he'll light the

0:49:20.040 --> 0:49:22.640
<v Speaker 1>cross that takes him all the way to the Supreme Court.

0:49:24.239 --> 0:49:28.400
<v Speaker 1>Until then, I don't know, try to love your neighbors

0:49:28.440 --> 0:49:32.319
<v Speaker 1>like Pat Kramer did, and don't bring a Tommy gun

0:49:32.320 --> 0:49:56.040
<v Speaker 1>to a family picnic. Welcome back to the second half

0:49:56.080 --> 0:50:00.880
<v Speaker 1>of the story of Barry Black, the Pennsylvania clansman. Barry

0:50:00.880 --> 0:50:04.000
<v Speaker 1>Black's main claim to fame as being the black in

0:50:04.640 --> 0:50:07.600
<v Speaker 1>Commonwealth of Virginia v. Black, the two thousand and three

0:50:07.680 --> 0:50:13.400
<v Speaker 1>Supreme Court case that found Virginia's crossburning statute unconstitutionally overbroad.

0:50:13.880 --> 0:50:15.600
<v Speaker 1>I set out to learn a little more about that

0:50:15.719 --> 0:50:18.040
<v Speaker 1>landmark decision and the life of the man who won it,

0:50:18.560 --> 0:50:21.680
<v Speaker 1>because it comes up often in some cases going on now,

0:50:22.280 --> 0:50:25.040
<v Speaker 1>the prosecutions of the torch bearing white supremacist who came

0:50:25.080 --> 0:50:28.560
<v Speaker 1>to Charlottesville in twenty seventeen, and I found a lot

0:50:28.600 --> 0:50:32.680
<v Speaker 1>more than I bargained for. I don't know what I expected,

0:50:32.719 --> 0:50:35.600
<v Speaker 1>but last week's story of a small town war and

0:50:35.680 --> 0:50:38.560
<v Speaker 1>a rural gay bar complete with side characters like a

0:50:38.600 --> 0:50:41.880
<v Speaker 1>notorious federal informant who worked for Lynton LaRouche and a

0:50:41.880 --> 0:50:44.240
<v Speaker 1>street preacher who was a central figure in the Obama

0:50:44.239 --> 0:50:50.120
<v Speaker 1>Birtherism conspiracy, definitely surprised me. This week, though, we'll actually

0:50:50.160 --> 0:50:53.440
<v Speaker 1>get to Barry's infamous cross burning and the Black acl

0:50:53.680 --> 0:50:58.640
<v Speaker 1>lawyer who fought for the clansmen's rights that victory.

0:50:59.120 --> 0:51:02.480
<v Speaker 3>What worldwide? I said, case present, I said case law,

0:51:03.080 --> 0:51:07.120
<v Speaker 3>and we proved that the law does work. Yet I

0:51:07.160 --> 0:51:10.440
<v Speaker 3>can light across anywhere in the United States of America

0:51:10.480 --> 0:51:11.440
<v Speaker 3>that I want to light it.

0:51:14.800 --> 0:51:20.000
<v Speaker 1>Barry Black fought the law and he won. But a

0:51:20.080 --> 0:51:22.680
<v Speaker 1>new law was born from the ashes of the one

0:51:22.760 --> 0:51:44.000
<v Speaker 1>Barry burned. I'm Molly Conger, this is weird, little guys.

0:51:46.239 --> 0:51:48.600
<v Speaker 1>When we left off last week, Barry Black and his

0:51:48.680 --> 0:51:51.160
<v Speaker 1>Keystone Knights had gotten into a little hot water at

0:51:51.160 --> 0:51:55.200
<v Speaker 1>their white bride picnic. In July of nineteen ninety eight,

0:51:55.280 --> 0:51:57.440
<v Speaker 1>Barry held a clan picnic on a farm owned by

0:51:57.440 --> 0:52:02.040
<v Speaker 1>Don and Lisa Penrod in Somerset County, Pennsylvania, when Berry

0:52:02.040 --> 0:52:04.440
<v Speaker 1>held a clan rally at Kasanova Lounge, the county's only

0:52:04.480 --> 0:52:07.640
<v Speaker 1>gay bar the year prior. The Penrod's farm was the

0:52:07.640 --> 0:52:10.239
<v Speaker 1>pre rally staging area and the site of the post

0:52:10.320 --> 0:52:14.280
<v Speaker 1>rally cross burning later that evening. They weren't just concerned

0:52:14.320 --> 0:52:16.840
<v Speaker 1>neighbors whose opposition to the gay bar made them unlikely

0:52:16.880 --> 0:52:21.840
<v Speaker 1>allies with the clan. They were members. Lisa Penrod in

0:52:21.880 --> 0:52:24.600
<v Speaker 1>fact commanded the women's Auxiliary Unit and served as the

0:52:24.640 --> 0:52:28.279
<v Speaker 1>Imperial Secretary of the Invisible Empire International Keystone Knights of

0:52:28.320 --> 0:52:32.799
<v Speaker 1>the Ku Klux Klan under Berry's leadership, and on July

0:52:32.920 --> 0:52:35.759
<v Speaker 1>twenty fifth, nineteen ninety eight, Don and Lisa Penrod were

0:52:35.760 --> 0:52:37.880
<v Speaker 1>two of the ten clan members standing at the fence

0:52:37.920 --> 0:52:40.719
<v Speaker 1>line on the Penrod farm demanding answers from a man

0:52:40.800 --> 0:52:44.279
<v Speaker 1>in their neighbour's tree. That man turned out to be

0:52:44.320 --> 0:52:46.839
<v Speaker 1>a state trooper, and Don Penrod was one of four

0:52:46.880 --> 0:52:49.480
<v Speaker 1>attendees at the clan picnic who was arrested for threatening

0:52:49.520 --> 0:52:54.279
<v Speaker 1>the trooper at gunpoint. Barry himself posted Don Penrod's ten

0:52:54.320 --> 0:52:59.240
<v Speaker 1>thousand dollars bond the week after the picnic. Cambria County

0:52:59.239 --> 0:53:02.560
<v Speaker 1>district attorney David Tulowitski, filed a petition with the court

0:53:02.600 --> 0:53:04.920
<v Speaker 1>to have Berry Black removed from the office of Constable,

0:53:05.400 --> 0:53:08.040
<v Speaker 1>an elected law enforcement position he'd won by a single

0:53:08.120 --> 0:53:12.080
<v Speaker 1>rite in vote the year prior. History was repeating itself.

0:53:13.040 --> 0:53:15.840
<v Speaker 1>Barry was elected constable of Johnstown's twenty first ward in

0:53:15.920 --> 0:53:18.520
<v Speaker 1>nineteen ninety one and was removed from office just a

0:53:18.560 --> 0:53:21.480
<v Speaker 1>few months later when the county prosecutor filed a petition

0:53:21.560 --> 0:53:23.720
<v Speaker 1>to have him removed on the grounds that his criminal

0:53:23.760 --> 0:53:26.600
<v Speaker 1>record made him ineligible to hold a position of public trust.

0:53:27.920 --> 0:53:31.799
<v Speaker 1>A judge agreed. Barry appealed that decision and fought it

0:53:31.840 --> 0:53:34.759
<v Speaker 1>all the way to the Pennsylvania Supreme Court, holding clan

0:53:34.840 --> 0:53:37.319
<v Speaker 1>rallies at court houses and in small towns throughout the

0:53:37.360 --> 0:53:41.080
<v Speaker 1>year and a half long appeals process. The state's highest

0:53:41.080 --> 0:53:43.680
<v Speaker 1>court told Barry in nineteen ninety three that he wasn't

0:53:43.680 --> 0:53:46.040
<v Speaker 1>allowed to be the constable and nothing in the law

0:53:46.040 --> 0:53:48.759
<v Speaker 1>had changed in the five years since. But here he

0:53:48.880 --> 0:53:53.320
<v Speaker 1>was fighting the same fight all over again. This time around,

0:53:53.320 --> 0:53:55.440
<v Speaker 1>he argued that the petition to remove him from office

0:53:55.480 --> 0:53:59.279
<v Speaker 1>was retaliation, pure and simple. The county was punishing him

0:53:59.280 --> 0:54:01.520
<v Speaker 1>for his clan ratal and for the complaint he'd filed

0:54:01.520 --> 0:54:04.120
<v Speaker 1>against the state troopers who arrested his friends at the picnic.

0:54:05.640 --> 0:54:07.680
<v Speaker 1>In mid August of nineteen ninety eight, the issue of

0:54:07.680 --> 0:54:10.480
<v Speaker 1>whether the clansmen could continue operating as constable was with

0:54:10.560 --> 0:54:14.080
<v Speaker 1>the courts. There was no injunction preventing him from acting

0:54:14.120 --> 0:54:17.040
<v Speaker 1>as a law enforcement official, but the county had apparently

0:54:17.120 --> 0:54:19.839
<v Speaker 1>instructed officers of the court to use him to serve

0:54:19.960 --> 0:54:24.919
<v Speaker 1>Warrens as sparingly as possible. In the meantime, Barry's lawyer

0:54:24.960 --> 0:54:28.560
<v Speaker 1>shrugged this off, telling the local paper, I think he's

0:54:28.600 --> 0:54:31.600
<v Speaker 1>pretty well preoccupied with his grand wizardry in the clan,

0:54:33.280 --> 0:54:38.120
<v Speaker 1>and that's true. He was keeping busy, And it was

0:54:38.160 --> 0:54:41.800
<v Speaker 1>in August nineteen ninety eight that Barry Black took a

0:54:41.880 --> 0:54:47.160
<v Speaker 1>road trip. This wasn't Barry's first out of state clan

0:54:47.239 --> 0:54:50.560
<v Speaker 1>field trip. Six people were arrested when the crowd got

0:54:50.560 --> 0:54:53.239
<v Speaker 1>out of control during Barry's opening prayers at a clan

0:54:53.400 --> 0:54:57.239
<v Speaker 1>rally in Millville, New Jersey, in nineteen ninety When Barry

0:54:57.280 --> 0:54:59.880
<v Speaker 1>had lined across burning in Maryland in nineteen ninety one,

0:55:00.239 --> 0:55:03.040
<v Speaker 1>the Washington Post printed the slurs that came out of

0:55:03.080 --> 0:55:07.279
<v Speaker 1>his mouth when clan leaders from six states converged in

0:55:07.360 --> 0:55:10.880
<v Speaker 1>Ohio in nineteen ninety five. Barry told the Cincinnati Inquirer

0:55:10.920 --> 0:55:14.239
<v Speaker 1>that it was like a family reunion and lamented that

0:55:15.000 --> 0:55:17.120
<v Speaker 1>no one ever gives the clan credit for all the

0:55:17.160 --> 0:55:21.359
<v Speaker 1>good things we do. When clansmen in South Carolina came

0:55:21.440 --> 0:55:25.200
<v Speaker 1>under federal investigation for burning down black churches, Barry was

0:55:25.239 --> 0:55:28.440
<v Speaker 1>there at a cross burning in Lexington in nineteen ninety six,

0:55:28.880 --> 0:55:31.480
<v Speaker 1>pledging the support of the Keystone Nights in this legal

0:55:31.480 --> 0:55:36.360
<v Speaker 1>battle to come. No, his lawyer was right. Barry was

0:55:36.520 --> 0:55:40.320
<v Speaker 1>very busy being the grand Wizard. He was always driving

0:55:40.360 --> 0:55:44.000
<v Speaker 1>off to Indiana, Ohio, Maryland, or just the other side

0:55:44.000 --> 0:55:48.080
<v Speaker 1>of Pennsylvania for some appearance at a clan event. This

0:55:48.160 --> 0:55:51.360
<v Speaker 1>trip to Virginia should have been like any of the others,

0:55:51.760 --> 0:55:56.320
<v Speaker 1>show up, make a scene, light across, upset the locals,

0:55:57.040 --> 0:56:02.320
<v Speaker 1>and head home again. But this time was different. The

0:56:02.400 --> 0:56:04.719
<v Speaker 1>Keystone Knights of the Ku Klux Klan packed up their

0:56:04.760 --> 0:56:07.319
<v Speaker 1>white robes and their crossburning supplies and made the six

0:56:07.360 --> 0:56:12.160
<v Speaker 1>hour drive from Johnstown, Pennsylvania, to Hillsville, Virginia, a small

0:56:12.200 --> 0:56:15.719
<v Speaker 1>town in Carroll County in Virginia's far southwest. Tip not

0:56:15.840 --> 0:56:19.360
<v Speaker 1>far from the North Carolina border. And here's Barry in

0:56:19.400 --> 0:56:21.720
<v Speaker 1>his own words, talking about the event in an interview

0:56:21.760 --> 0:56:24.880
<v Speaker 1>recorded in two thousand and five for Duke University School

0:56:24.880 --> 0:56:27.720
<v Speaker 1>of Law's Voices of American Law Project.

0:56:29.239 --> 0:56:33.480
<v Speaker 3>What I was doing down there was starting a new den,

0:56:33.600 --> 0:56:36.720
<v Speaker 3>or starting a new clavern, giving the people the books

0:56:36.800 --> 0:56:39.239
<v Speaker 3>to read, telling the people what we expected them and

0:56:39.280 --> 0:56:46.600
<v Speaker 3>how we want them to become pillars in their community.

0:56:44.400 --> 0:56:49.440
<v Speaker 1>Pillars of the community, he says. And when he was

0:56:49.480 --> 0:56:51.759
<v Speaker 1>placed in the back of a deputy's patrol car that night,

0:56:52.040 --> 0:56:55.040
<v Speaker 1>he offered some insight into what he meant by that

0:56:55.680 --> 0:56:59.840
<v Speaker 1>to Carroll County Sheriff's Lieutenant Rick Clark. Here's Virginia's Solicitor

0:57:00.120 --> 0:57:03.560
<v Speaker 1>Roal William Hurd relaying that statement to the Supreme Court.

0:57:05.640 --> 0:57:09.719
<v Speaker 3>What we had in the case of Verry Black was

0:57:10.280 --> 0:57:11.719
<v Speaker 3>he heard.

0:57:11.440 --> 0:57:13.759
<v Speaker 4>That he's from Pennsylvania.

0:57:13.840 --> 0:57:17.040
<v Speaker 5>He heard that down in Carroll County, blacks and whites

0:57:17.080 --> 0:57:18.880
<v Speaker 5>were holding hands on the sidewalk.

0:57:21.600 --> 0:57:25.600
<v Speaker 1>Barry Black was arrested that night, handcuffed and taken away

0:57:25.640 --> 0:57:29.320
<v Speaker 1>while the cross was still burning, because regardless of why

0:57:29.360 --> 0:57:35.360
<v Speaker 1>he came, what he'd done was a felony here in Virginia.

0:57:35.640 --> 0:57:37.840
<v Speaker 1>The first half of this story opened with a twelve

0:57:37.880 --> 0:57:40.680
<v Speaker 1>foot cross set ablaze in a peanut field in Suffolk,

0:57:40.720 --> 0:57:45.760
<v Speaker 1>Virginia in nineteen forty eight. Local agricultural union workers denounced

0:57:45.760 --> 0:57:48.160
<v Speaker 1>it as an act of terrorism and demanded a response

0:57:48.160 --> 0:57:50.640
<v Speaker 1>from state government officials. After being brushed off by local

0:57:50.720 --> 0:57:56.160
<v Speaker 1>law enforcement, it just wasn't a crime. Newspaper archives for

0:57:56.240 --> 0:57:59.959
<v Speaker 1>the next few years show a frustrating pattern. Crosses were

0:58:00.000 --> 0:58:02.960
<v Speaker 1>burning all over the state, and every time it happened,

0:58:03.200 --> 0:58:07.000
<v Speaker 1>it was dismissed as some isolated incident, some kind of prank,

0:58:07.200 --> 0:58:12.720
<v Speaker 1>some kind of childish active vandalism. Every cross that burned

0:58:12.760 --> 0:58:15.720
<v Speaker 1>in Virginia was written off by newspapers and cops here

0:58:15.760 --> 0:58:19.400
<v Speaker 1>in Virginia, But those same papers ran stories of flaming

0:58:19.400 --> 0:58:24.200
<v Speaker 1>crosses in Tennessee and South Carolina, properly identifying those as

0:58:24.240 --> 0:58:28.200
<v Speaker 1>what they were, a burning line in the sand, keeping

0:58:28.240 --> 0:58:31.280
<v Speaker 1>black Southerners from moving into white neighborhoods, from getting elected

0:58:31.280 --> 0:58:34.760
<v Speaker 1>to office, from gaining civil rights, and from feeling safe

0:58:34.760 --> 0:58:39.200
<v Speaker 1>in their homes. In late nineteen forty nine, a series

0:58:39.240 --> 0:58:43.040
<v Speaker 1>of cross burnings, culminating in an explosion, destroyed the construction

0:58:43.160 --> 0:58:46.160
<v Speaker 1>site for a planned housing project for black residents in Nashville.

0:58:46.920 --> 0:58:50.560
<v Speaker 1>After Judge Wade's wearing open South Carolina's previously whitees only

0:58:50.600 --> 0:58:55.000
<v Speaker 1>primaries to black voters, his home was targeted repeatedly with

0:58:55.120 --> 0:58:59.160
<v Speaker 1>crosses burning on his front lawn in nineteen fifty. But

0:58:59.240 --> 0:59:02.000
<v Speaker 1>the same papers that ran those wire stories from cities

0:59:02.000 --> 0:59:04.840
<v Speaker 1>and other states wrote their own local coverage of cross

0:59:04.880 --> 0:59:08.600
<v Speaker 1>burnings closer to home, with a very different tone. When

0:59:08.600 --> 0:59:12.000
<v Speaker 1>a cross burned in Nashville or Charleston, it's safe to

0:59:12.040 --> 0:59:16.560
<v Speaker 1>say that those cities have racial unrest. Those cities have

0:59:16.720 --> 0:59:20.400
<v Speaker 1>the clan. In the summer of nineteen fifty, several black

0:59:20.440 --> 0:59:23.240
<v Speaker 1>residents of Colonial Beach, Virginia, found a lawsuit to force

0:59:23.280 --> 0:59:25.600
<v Speaker 1>the locality to allow them to swim in a public beach.

0:59:26.640 --> 0:59:29.680
<v Speaker 1>The town relented, there was no need to go to court.

0:59:30.080 --> 0:59:33.760
<v Speaker 1>The beaches are open to all residents. But when those

0:59:33.800 --> 0:59:35.840
<v Speaker 1>black residents and their attorney went to the beach to

0:59:35.840 --> 0:59:40.480
<v Speaker 1>see if that was true, five hundred white men attacked

0:59:40.520 --> 0:59:46.080
<v Speaker 1>the fifteen black beach goers. Later that week, crosses burned

0:59:46.200 --> 0:59:50.080
<v Speaker 1>all down the beach. Another cross was erected and burned

0:59:50.080 --> 0:59:53.800
<v Speaker 1>outside of the Black church, accompanied by rifle fire, and

0:59:53.840 --> 0:59:58.400
<v Speaker 1>the letters k k K were scrawled on sidewalks all

0:59:58.440 --> 1:00:02.840
<v Speaker 1>over black neighborhoods. The town council took no official notice

1:00:02.840 --> 1:00:05.360
<v Speaker 1>of the cross burnings and said they not only had

1:00:05.400 --> 1:00:08.040
<v Speaker 1>no obligation to anticipate on the rest of the beach,

1:00:08.640 --> 1:00:11.200
<v Speaker 1>but it would in fact amount to discrimination to have

1:00:11.240 --> 1:00:14.240
<v Speaker 1>done anything to ensure those black residents could access the beach.

1:00:15.160 --> 1:00:18.680
<v Speaker 1>There was no KKK in Virginia nineteen fifty. Just look

1:00:18.720 --> 1:00:22.440
<v Speaker 1>at any newspaper anywhere in the state. When a woman

1:00:22.480 --> 1:00:24.360
<v Speaker 1>had found a cross burning on her front porch in

1:00:24.360 --> 1:00:27.440
<v Speaker 1>Noffolk in September of nineteen fifty, the police told then

1:00:27.440 --> 1:00:30.320
<v Speaker 1>Offolk Ledger Dispatch that it was only a small cross,

1:00:30.520 --> 1:00:34.320
<v Speaker 1>just two feet high, and quote, the clan usually puts

1:00:34.360 --> 1:00:38.560
<v Speaker 1>on a bigger show. There had been eight cross burnings

1:00:38.600 --> 1:00:40.920
<v Speaker 1>in neighboring Nansaman County in just the last few months.

1:00:40.920 --> 1:00:46.040
<v Speaker 1>But this was probably just mischievous kids. The Bristol, Virginia,

1:00:46.040 --> 1:00:49.040
<v Speaker 1>Tennessee And reported in October of nineteen fifty that the

1:00:49.120 --> 1:00:52.040
<v Speaker 1>twelve foot cross burned on a hillside near the reservoir,

1:00:52.080 --> 1:00:55.280
<v Speaker 1>where it was visible to hundreds of residents, was just

1:00:55.320 --> 1:00:58.760
<v Speaker 1>a prank. There's no way to know what those men

1:00:58.800 --> 1:01:01.760
<v Speaker 1>in hoods were doing up there. A police captain told

1:01:01.760 --> 1:01:05.120
<v Speaker 1>the paper that the Confederate flag left behind was evidence

1:01:05.200 --> 1:01:09.840
<v Speaker 1>that this was obviously just a prank. That same newspaper

1:01:09.840 --> 1:01:11.919
<v Speaker 1>had been running coverage of a clan march in South

1:01:11.920 --> 1:01:15.520
<v Speaker 1>Carolina just six weeks earlier. After letting up across in

1:01:15.560 --> 1:01:18.760
<v Speaker 1>Myrtle Beach, the clan marched into town, surrounding a black

1:01:18.840 --> 1:01:24.760
<v Speaker 1>dance hall. There was a riot. Charlie Fitzgerald stood in

1:01:24.760 --> 1:01:26.680
<v Speaker 1>the doorway of his bar with a gun, but he

1:01:26.760 --> 1:01:28.520
<v Speaker 1>never had a chance to fire it before the mob

1:01:28.560 --> 1:01:30.360
<v Speaker 1>beat him and shoved him into the trunk of a car.

1:01:31.840 --> 1:01:34.360
<v Speaker 1>The clansmen emptied their guns into the sides of the building,

1:01:34.480 --> 1:01:36.880
<v Speaker 1>riddling the walls with bullet holes and shattering all of

1:01:36.920 --> 1:01:40.680
<v Speaker 1>the windows. Amidst all this chaos, one of their own

1:01:40.680 --> 1:01:43.960
<v Speaker 1>took a stray bullet to the back. When his robes

1:01:44.000 --> 1:01:47.280
<v Speaker 1>were removed to the hospital where he died, he was

1:01:47.320 --> 1:01:52.120
<v Speaker 1>wearing a policeman's uniform Underneath. These stories running in the

1:01:52.120 --> 1:01:55.160
<v Speaker 1>same paper may give you some insight into a small

1:01:55.200 --> 1:01:58.560
<v Speaker 1>town police officer's eagerness to explain away these flames on

1:01:58.600 --> 1:02:03.720
<v Speaker 1>a hillside, But you can draw your own conclusions the

1:02:03.800 --> 1:02:08.200
<v Speaker 1>clan was thriving again across the South. In January of

1:02:08.240 --> 1:02:11.080
<v Speaker 1>nineteen fifty one, the state of Georgia outlawed crossburning in

1:02:11.120 --> 1:02:13.640
<v Speaker 1>an effort to stem the tide of this white robed violence.

1:02:14.920 --> 1:02:17.560
<v Speaker 1>In February of nineteen fifty one, crosses were lit outside

1:02:17.600 --> 1:02:20.200
<v Speaker 1>the homes and businesses of black residence in Guchland and

1:02:20.240 --> 1:02:24.520
<v Speaker 1>in Raiko Counties in Virginia. Black families reported seeing half

1:02:24.520 --> 1:02:26.560
<v Speaker 1>a dozen men firing their guns into the air as

1:02:26.600 --> 1:02:29.840
<v Speaker 1>they ran back to their cars after lighting the flames.

1:02:31.000 --> 1:02:33.880
<v Speaker 1>The FBI said it was a local matter. The sheriff

1:02:33.920 --> 1:02:38.800
<v Speaker 1>said it was pranksters. When the local NAACP demanded an investigation,

1:02:38.920 --> 1:02:43.040
<v Speaker 1>the county prosecutor said there is definitely no racial relations

1:02:43.120 --> 1:02:48.200
<v Speaker 1>question connected to the recent cross burnings. By June of

1:02:48.240 --> 1:02:52.120
<v Speaker 1>nineteen fifty one, Florida, Alabama, and South Carolina had joined

1:02:52.120 --> 1:02:57.440
<v Speaker 1>Georgia in banning cross burning across the South. The crosses burned,

1:02:57.480 --> 1:03:01.320
<v Speaker 1>and there was no question about what it meant except

1:03:01.320 --> 1:03:05.280
<v Speaker 1>when it happened here. The same papers that ran the

1:03:05.320 --> 1:03:08.560
<v Speaker 1>wire stories about the legislative attempts to combat clan activity

1:03:09.120 --> 1:03:13.000
<v Speaker 1>everywhere else said the six foot cross doused and gasoline

1:03:13.040 --> 1:03:15.800
<v Speaker 1>in the middle of Route one in Stafford was just

1:03:15.840 --> 1:03:20.440
<v Speaker 1>a prank. It was just kids messing with traffic. In

1:03:20.480 --> 1:03:23.040
<v Speaker 1>August of that year, a widow and Appamannox was awoken

1:03:23.040 --> 1:03:24.400
<v Speaker 1>in the middle of the night by the sound of

1:03:24.440 --> 1:03:28.000
<v Speaker 1>an explosion. The cross burning on her front lawn had

1:03:28.000 --> 1:03:32.440
<v Speaker 1>ignited the dynamite late at its base. A postcard from

1:03:32.440 --> 1:03:36.720
<v Speaker 1>the clan was left to the scene. The newspaper ran

1:03:36.760 --> 1:03:41.520
<v Speaker 1>the headline crossfire lacks motive, with the sheriff quoted saying,

1:03:42.240 --> 1:03:45.600
<v Speaker 1>my office dropped the matter. It was probably a personal

1:03:45.640 --> 1:03:51.040
<v Speaker 1>thing or just some children. In my haphazard search of

1:03:51.080 --> 1:03:55.320
<v Speaker 1>newspaper archives, I found nearly a hundred of these pranks

1:03:55.880 --> 1:03:59.840
<v Speaker 1>in Virginia in the nineteen fifties. A white cop tells

1:04:00.080 --> 1:04:03.040
<v Speaker 1>white reporter that there's nothing to worry about here. It's

1:04:03.720 --> 1:04:07.280
<v Speaker 1>only a joke. As a black family douses the burning

1:04:07.280 --> 1:04:24.120
<v Speaker 1>embers on their law. No one could see the racial

1:04:24.200 --> 1:04:27.600
<v Speaker 1>terror we already had here at home. It was always kids,

1:04:27.680 --> 1:04:32.240
<v Speaker 1>or vandals or pranksters. But in nineteen fifty two, the

1:04:32.320 --> 1:04:36.640
<v Speaker 1>Virginia State Legislature was finally ready to act, responding to

1:04:36.720 --> 1:04:39.680
<v Speaker 1>reports that Florida Clan leader Bill Hendrix was planning a

1:04:39.760 --> 1:04:43.480
<v Speaker 1>rally in Richmond, and South Carolina clan leader Thomas Hamilton

1:04:43.600 --> 1:04:45.920
<v Speaker 1>was planning to start chapters in more than a dozen towns.

1:04:45.960 --> 1:04:49.120
<v Speaker 1>In Virginia, a bill was introduced to outlaw the wearing

1:04:49.160 --> 1:04:52.960
<v Speaker 1>of masks in public at the urging of religious groups,

1:04:53.000 --> 1:04:56.560
<v Speaker 1>a ban on crossburning was added. The threat of these

1:04:57.000 --> 1:05:01.040
<v Speaker 1>out of town clansmen pushed the bill through without significant pushback,

1:05:01.520 --> 1:05:03.880
<v Speaker 1>and it was signed by Governor John Battle in April

1:05:03.960 --> 1:05:09.680
<v Speaker 1>nineteen fifty two. But changing the law didn't change anyone's attitudes.

1:05:10.320 --> 1:05:13.000
<v Speaker 1>Throughout the nineteen fifties, most of the crossburning stories I

1:05:13.000 --> 1:05:17.320
<v Speaker 1>could find were dismissed as pranks, and if I'm being

1:05:17.440 --> 1:05:21.720
<v Speaker 1>entirely honest, some of them might have been. There were

1:05:21.760 --> 1:05:25.560
<v Speaker 1>several crossburnings in Newport News that teenage boys eventually confessed to,

1:05:26.280 --> 1:05:28.000
<v Speaker 1>with one cross being placed on the law of a

1:05:28.040 --> 1:05:32.120
<v Speaker 1>state delegate by mistake. The boys said they were pranking

1:05:32.160 --> 1:05:34.920
<v Speaker 1>their high school teachers, and I did find at least

1:05:34.960 --> 1:05:37.880
<v Speaker 1>three stories of high school teachers and Newport News who

1:05:37.880 --> 1:05:41.400
<v Speaker 1>had crosses burned on their lawn. The boys' names were

1:05:41.400 --> 1:05:44.120
<v Speaker 1>never published, so I don't know what they got up

1:05:44.120 --> 1:05:48.520
<v Speaker 1>to later in life, and I have to wonder exactly

1:05:48.520 --> 1:05:53.120
<v Speaker 1>what kind of pranks these were. It's the fifties. Had

1:05:53.120 --> 1:05:56.760
<v Speaker 1>those teachers expressed support for integration, Did they go on

1:05:56.840 --> 1:06:00.200
<v Speaker 1>dates with black women or rent property to black tenants?

1:06:01.040 --> 1:06:03.280
<v Speaker 1>It wasn't unheard of for behavior like that to earn

1:06:03.280 --> 1:06:05.680
<v Speaker 1>a white man a visit from those seeking to enforce

1:06:05.720 --> 1:06:10.400
<v Speaker 1>the established social order. But it's impossible to say seventy

1:06:10.480 --> 1:06:13.320
<v Speaker 1>years later what prompted those nighttime visits from their students.

1:06:15.040 --> 1:06:18.360
<v Speaker 1>And I tell you about these ones that maybe were pranks,

1:06:19.160 --> 1:06:22.520
<v Speaker 1>because I don't think any of them being pranks really

1:06:22.560 --> 1:06:26.080
<v Speaker 1>helps explain it at all. If anything, it underscores how

1:06:26.160 --> 1:06:30.960
<v Speaker 1>widespread and commonly understood this was as a symbol. You

1:06:30.960 --> 1:06:33.720
<v Speaker 1>didn't have to be a klansman to know what it meant.

1:06:35.120 --> 1:06:38.280
<v Speaker 1>You didn't have to mean it yourself to know how

1:06:38.280 --> 1:06:46.080
<v Speaker 1>it would be read. In nineteen sixty five, George Lincoln Rockwell,

1:06:46.320 --> 1:06:49.520
<v Speaker 1>the founder of the American Nazi Party, ran for governor

1:06:49.520 --> 1:06:54.480
<v Speaker 1>here in Virginia. He didn't win, obviously, he got nearly

1:06:54.520 --> 1:06:58.120
<v Speaker 1>six thousand votes, though one percent of the total cast.

1:07:00.040 --> 1:07:04.040
<v Speaker 1>The new governor was Mills Godwin, once a staunch segregationist

1:07:04.400 --> 1:07:07.280
<v Speaker 1>who had distanced himself from the political machine of Harry Bird.

1:07:08.280 --> 1:07:10.400
<v Speaker 1>Whether he had a change of heart or just saw

1:07:10.440 --> 1:07:12.680
<v Speaker 1>the writing on the wall after the failure of Virginia's

1:07:12.720 --> 1:07:17.480
<v Speaker 1>massive resistance to school desegregation is impossible to say. But

1:07:17.560 --> 1:07:21.760
<v Speaker 1>in December of nineteen sixty six, Governor Mills Godwin announced

1:07:21.760 --> 1:07:25.040
<v Speaker 1>a one thousand dollars reward for information leading to the

1:07:25.160 --> 1:07:31.640
<v Speaker 1>arrest and conviction of crossburners. In response, the klan burned

1:07:31.640 --> 1:07:33.400
<v Speaker 1>across outside the Governor's mansion.

1:07:35.280 --> 1:07:39.000
<v Speaker 4>The clan did rear its head in certain areas of

1:07:39.120 --> 1:07:43.360
<v Speaker 4>Virginia in that period, even to the extent that they

1:07:43.480 --> 1:07:48.040
<v Speaker 4>burned a cross on the sidewalk right behind the Governor's mansion.

1:07:48.760 --> 1:07:52.800
<v Speaker 4>And we made some arrest and there were some sentences

1:07:52.840 --> 1:07:56.840
<v Speaker 4>meeted out to those that were convicted, and it had

1:07:57.200 --> 1:08:01.080
<v Speaker 4>a real deterring effect.

1:08:01.480 --> 1:08:05.600
<v Speaker 1>A rash of cross burnings followed. Crosses burned all over

1:08:05.680 --> 1:08:08.640
<v Speaker 1>the state of Virginia in protest of Governor Godwin's declaration

1:08:08.720 --> 1:08:12.440
<v Speaker 1>of war against the Clan. On New Year's Day nineteen

1:08:12.480 --> 1:08:16.280
<v Speaker 1>sixty seven, Wilson Ralph Price and his wife, Nanny Jane

1:08:16.320 --> 1:08:21.040
<v Speaker 1>Price were arrested for burning across on a sidewalk in Richmond,

1:08:21.320 --> 1:08:23.519
<v Speaker 1>all three of their young children were waiting for them

1:08:23.520 --> 1:08:26.759
<v Speaker 1>in their parked car, where police found several loaded guns,

1:08:27.240 --> 1:08:30.080
<v Speaker 1>a second cross they intended to burn elsewhere later that day,

1:08:30.720 --> 1:08:35.040
<v Speaker 1>and a stack of clan literature. Barry Black wasn't the

1:08:35.080 --> 1:08:39.240
<v Speaker 1>first clansman to fight this law and win. Price had

1:08:39.240 --> 1:08:42.240
<v Speaker 1>his conviction overturned by the Virginia Supreme Court a year later,

1:08:42.760 --> 1:08:47.240
<v Speaker 1>with the court ruling that technically the law didn't apply here.

1:08:48.600 --> 1:08:52.519
<v Speaker 1>The Prices had burned that cross on public property, on

1:08:52.600 --> 1:08:57.599
<v Speaker 1>the sidewalk, not on the property of another, as stated

1:08:57.600 --> 1:09:01.479
<v Speaker 1>in the statute. The Virginia General Assembly amended the law

1:09:01.479 --> 1:09:05.360
<v Speaker 1>that year to include a bannon crossburning on public property

1:09:05.479 --> 1:09:09.479
<v Speaker 1>as well. In nineteen sixty eight, the state Supreme Court

1:09:09.560 --> 1:09:12.240
<v Speaker 1>seemed to believe that the purpose of banning crossburning was

1:09:12.600 --> 1:09:16.760
<v Speaker 1>to protect private property. The law didn't protect people, it

1:09:16.800 --> 1:09:21.880
<v Speaker 1>protected their laws, and with this amendment, the legislature clarified

1:09:21.880 --> 1:09:26.439
<v Speaker 1>their intention. The law isn't about property or trustpass or

1:09:26.479 --> 1:09:29.800
<v Speaker 1>the possibility of danger from the flames themselves. It is

1:09:29.840 --> 1:09:35.760
<v Speaker 1>intended to prevent a particular act of intimidation. But in

1:09:35.800 --> 1:09:38.439
<v Speaker 1>their efforts to close off this avenue of attack, they

1:09:38.560 --> 1:09:43.759
<v Speaker 1>accidentally created another This amendment to the statute also added

1:09:43.840 --> 1:09:47.559
<v Speaker 1>language that quote, the unlawful burning of a cross shall

1:09:47.600 --> 1:09:50.960
<v Speaker 1>be prima facia evidence of the intention to intimidate a

1:09:51.040 --> 1:09:55.919
<v Speaker 1>person or group of persons. This language was likely intended

1:09:55.920 --> 1:09:58.760
<v Speaker 1>to get around the defense of whill it was just

1:09:58.800 --> 1:10:02.960
<v Speaker 1>a prank. Burning across is such a heinous act with

1:10:03.200 --> 1:10:06.400
<v Speaker 1>no other purpose than to intimidate that if you can

1:10:06.439 --> 1:10:09.400
<v Speaker 1>prove it was done at all, then the starting assumption

1:10:09.680 --> 1:10:14.120
<v Speaker 1>is that it was done to intimidate. So this amendment

1:10:14.160 --> 1:10:16.519
<v Speaker 1>to the law shifts the burden of proof to the

1:10:16.560 --> 1:10:21.040
<v Speaker 1>party trying to prove otherwise. So when Barry lit that

1:10:21.080 --> 1:10:24.240
<v Speaker 1>cross in Carroll County on August twenty second, nineteen ninety eight,

1:10:24.840 --> 1:10:28.280
<v Speaker 1>the law on the books read, it shall be unlawful

1:10:28.400 --> 1:10:31.920
<v Speaker 1>for any person or persons, with the intent of intimidating

1:10:31.960 --> 1:10:35.439
<v Speaker 1>any person or group of persons, to burn, or cause

1:10:35.520 --> 1:10:39.120
<v Speaker 1>to be burned across on the property of another, a

1:10:39.200 --> 1:10:43.200
<v Speaker 1>highway or other public space. Any person who shall violate

1:10:43.200 --> 1:10:46.320
<v Speaker 1>this section shall be guilty of a classic felony. Any

1:10:46.320 --> 1:10:48.920
<v Speaker 1>such burning of a cross shall be primophacia evidence of

1:10:48.960 --> 1:10:51.800
<v Speaker 1>an intent to intimidate a person or group of persons,

1:10:53.520 --> 1:10:57.439
<v Speaker 1>and Barry had done that. When the sheriff's lieutenant arrived,

1:10:57.439 --> 1:11:01.639
<v Speaker 1>he asked who lit this cross, and Barry stepped forward

1:11:01.640 --> 1:11:05.439
<v Speaker 1>and claimed responsibility. He was charged in Carroll County and

1:11:05.479 --> 1:11:07.840
<v Speaker 1>released on bond, but he was having a hell of

1:11:07.880 --> 1:11:10.840
<v Speaker 1>a time finding a lawyer. Most lawyers in the area

1:11:10.840 --> 1:11:15.680
<v Speaker 1>wouldn't even return his calls. But then, as in so

1:11:15.800 --> 1:11:18.679
<v Speaker 1>many cases of extremists trying to force their way into

1:11:18.680 --> 1:11:24.439
<v Speaker 1>the conversation about civil rights, the ACLU stepped up without

1:11:24.439 --> 1:11:29.400
<v Speaker 1>even having to be asked.

1:11:28.320 --> 1:11:32.320
<v Speaker 3>Well, I walked into the courthouse. I just looked at him.

1:11:32.720 --> 1:11:36.880
<v Speaker 3>He says, is there something wrong here? And I says

1:11:37.840 --> 1:11:41.000
<v Speaker 3>you're David Ball He said yeah. I says you're black.

1:11:41.120 --> 1:11:44.160
<v Speaker 3>He says yeah. I said, are you going to fight

1:11:44.240 --> 1:11:46.880
<v Speaker 3>for me? Are you going to give me one hundred

1:11:46.880 --> 1:11:48.880
<v Speaker 3>and fifty one percent? He says, I'm not going to

1:11:48.920 --> 1:11:51.680
<v Speaker 3>change your views, He says, in my views about you

1:11:51.760 --> 1:11:54.200
<v Speaker 3>aren't the greatest in the world either. He says, but

1:11:54.280 --> 1:11:56.400
<v Speaker 3>I will give you one hundred and fifty one percent.

1:11:56.439 --> 1:11:58.760
<v Speaker 3>You have my word on that, sir. He says, I'll

1:11:58.760 --> 1:12:01.479
<v Speaker 3>defend you to the end, and life is good enough.

1:12:04.640 --> 1:12:08.680
<v Speaker 1>The Virginia ACLU was no stranger to this strange Bedfellow's

1:12:08.720 --> 1:12:12.240
<v Speaker 1>type of attorney client relationship. Just a few years earlier,

1:12:12.280 --> 1:12:14.920
<v Speaker 1>they'd taken on the case of Buddy Hernandez, a clansman

1:12:14.960 --> 1:12:17.000
<v Speaker 1>who was arrested in nineteen eighty nine for handing out

1:12:17.040 --> 1:12:20.960
<v Speaker 1>clan literature while wearing full clan regalia, including a hood

1:12:21.000 --> 1:12:24.919
<v Speaker 1>that covered his face. Like the cross burning law, Virginia's

1:12:24.920 --> 1:12:28.040
<v Speaker 1>anti masking statute was adopted in nineteen fifty two with

1:12:28.120 --> 1:12:32.559
<v Speaker 1>the explicit intention of curtailing clan activity. The anti masking

1:12:32.600 --> 1:12:36.360
<v Speaker 1>statute was upheld by the Virginia Supreme Court, and the

1:12:36.439 --> 1:12:39.599
<v Speaker 1>actual Supreme Court declined to hear Hernandez's case. In nineteen

1:12:39.680 --> 1:12:45.479
<v Speaker 1>ninety four, ACLU attorney David Baugh went to Batford Barry,

1:12:46.320 --> 1:12:50.559
<v Speaker 1>and he spent years on the case. When the pair

1:12:50.600 --> 1:12:53.439
<v Speaker 1>first appeared in court together, the Richmond Times Dispatch ran

1:12:53.479 --> 1:12:59.360
<v Speaker 1>the headline crowd likely as black defends clansmen. The news

1:12:59.360 --> 1:13:03.040
<v Speaker 1>stories can be a little tough to parse sometimes because

1:13:03.320 --> 1:13:08.080
<v Speaker 1>our klansman's name is black, and the African American attorney

1:13:08.120 --> 1:13:11.400
<v Speaker 1>representing him is being referred to often in these newspapers

1:13:11.439 --> 1:13:16.080
<v Speaker 1>as a black and the case was getting a lot

1:13:16.080 --> 1:13:19.559
<v Speaker 1>of publicity. This tiny town of just twenty seven hundred

1:13:19.600 --> 1:13:23.799
<v Speaker 1>was suddenly swarming with reporters and lawyers. The state Attorney

1:13:23.800 --> 1:13:26.800
<v Speaker 1>General's office sent a team to assist the local prosecutor.

1:13:28.360 --> 1:13:31.360
<v Speaker 1>Carroll County District Court clerk Christine Beck told the paper,

1:13:32.280 --> 1:13:35.880
<v Speaker 1>it's going to be a circus, and added, I guess

1:13:35.920 --> 1:13:39.280
<v Speaker 1>some things are just fascinating, like the sex lies of

1:13:39.320 --> 1:13:43.280
<v Speaker 1>the president. This would have been right around the time

1:13:43.360 --> 1:13:46.879
<v Speaker 1>the Star report was released to the public, and everyone

1:13:46.960 --> 1:13:49.599
<v Speaker 1>was just in a frenzy about the Monica Lewinsky scandal.

1:13:51.600 --> 1:13:53.960
<v Speaker 1>The last few months of nineteen ninety eight were hectic

1:13:53.960 --> 1:13:57.040
<v Speaker 1>for Barry. Now he was fighting his own case down

1:13:57.080 --> 1:13:59.599
<v Speaker 1>in Virginia, but the four klansmen arrested at the White

1:13:59.640 --> 1:14:03.680
<v Speaker 1>Bride picnic were still fighting their cases at home in Pennsylvania.

1:14:04.120 --> 1:14:06.360
<v Speaker 1>A few weeks after this cross burning, Barry was kicked

1:14:06.360 --> 1:14:08.600
<v Speaker 1>out of the courtroom during a hearing in Don Penrod's

1:14:08.640 --> 1:14:12.200
<v Speaker 1>case for pointing his rifle at that state trooper, and

1:14:12.320 --> 1:14:14.719
<v Speaker 1>Barry had to appear in court repeatedly in his fight

1:14:14.760 --> 1:14:18.320
<v Speaker 1>to keep his job as Constable. He's under more scrutiny

1:14:18.320 --> 1:14:21.599
<v Speaker 1>than ever. His local prosecutor, state troopers, and the courts

1:14:21.640 --> 1:14:24.960
<v Speaker 1>in Virginia were just waiting for Barry to make a mistake.

1:14:26.720 --> 1:14:29.200
<v Speaker 1>In March of nineteen ninety nine, a judge in Virginia

1:14:29.280 --> 1:14:32.960
<v Speaker 1>ruled against emotion to dismiss Barry's criminal case, rejecting the

1:14:33.040 --> 1:14:37.439
<v Speaker 1>argument that crossburning was protected First Amendment conduct. A few

1:14:37.479 --> 1:14:40.599
<v Speaker 1>days later, Barry was back in court in Pennsylvania, railing

1:14:40.600 --> 1:14:43.120
<v Speaker 1>against the corrupt judicial system trying to take away his

1:14:43.240 --> 1:14:46.960
<v Speaker 1>job as constable. He told reporters in the hallway after

1:14:47.000 --> 1:14:49.479
<v Speaker 1>the hearing that if they would just let him keep

1:14:49.520 --> 1:14:53.000
<v Speaker 1>the job, he would be too busy working to keep

1:14:53.080 --> 1:14:57.439
<v Speaker 1>up his clan activities. That's not really a great argument

1:14:57.680 --> 1:15:00.559
<v Speaker 1>if you ask me, you know, just let me be

1:15:00.600 --> 1:15:03.559
<v Speaker 1>a cop and I'll be too busy to do crime.

1:15:05.040 --> 1:15:09.320
<v Speaker 1>I don't know that that's very convincing. And while we're

1:15:09.360 --> 1:15:12.559
<v Speaker 1>on the subject of guys who probably should not be cops,

1:15:13.120 --> 1:15:14.920
<v Speaker 1>I want to pick up a thread from the story

1:15:15.000 --> 1:15:19.160
<v Speaker 1>last week. Barry's involvement in the war on the Casanova

1:15:19.200 --> 1:15:23.160
<v Speaker 1>Lounge doesn't really factor into this week's story. He's too

1:15:23.200 --> 1:15:25.120
<v Speaker 1>busy with his own problems at this point to be

1:15:25.160 --> 1:15:29.000
<v Speaker 1>bothering with that gay bar But the situation was ongoing,

1:15:29.800 --> 1:15:31.640
<v Speaker 1>and it was around this time in the spring of

1:15:31.680 --> 1:15:35.280
<v Speaker 1>nineteen ninety nine that something the bar's patrons had long

1:15:35.439 --> 1:15:40.320
<v Speaker 1>suspected was proved to be true. The bigots had an

1:15:40.360 --> 1:15:46.360
<v Speaker 1>inside man. Ron Immler, the police chief and neighboring Connamau Township,

1:15:46.840 --> 1:15:51.360
<v Speaker 1>had been running license plates for the protesters and supplying

1:15:51.360 --> 1:15:53.800
<v Speaker 1>them with the names and home addresses of the people

1:15:53.840 --> 1:15:58.240
<v Speaker 1>who visited the gay bar. Imler denied these accusations, but

1:15:58.880 --> 1:16:03.880
<v Speaker 1>he suddenly retired. The Pennsylvania State Police Bureau of Technology

1:16:03.880 --> 1:16:07.400
<v Speaker 1>Service informed the town's supervisors in a letter that Ron

1:16:07.439 --> 1:16:11.280
<v Speaker 1>Immler had violated state and federal law by providing confidential

1:16:11.280 --> 1:16:15.439
<v Speaker 1>information obtained through state computer databases to an unauthorized person.

1:16:17.080 --> 1:16:19.759
<v Speaker 1>It's not clear to me if Immler was ever charged

1:16:19.880 --> 1:16:22.519
<v Speaker 1>or prosecuted for this. There's no record in the online

1:16:22.600 --> 1:16:25.960
<v Speaker 1>information system for Pennsylvania's courts. It could be that this

1:16:26.040 --> 1:16:28.800
<v Speaker 1>is very old. I did find other records from that year.

1:16:29.280 --> 1:16:31.760
<v Speaker 1>It could be that he had it sealed or expunged.

1:16:32.400 --> 1:16:36.559
<v Speaker 1>But it's possible that he was just never charged. So

1:16:36.600 --> 1:16:39.320
<v Speaker 1>we do have on record that the state police informed

1:16:39.360 --> 1:16:42.120
<v Speaker 1>the township that their police chief had broken the law,

1:16:42.840 --> 1:16:45.639
<v Speaker 1>but it's not clear that the local prosecutor ever brought

1:16:45.640 --> 1:16:49.960
<v Speaker 1>those charges, so it's not always as literal as that

1:16:50.120 --> 1:16:52.840
<v Speaker 1>dead clansman in South Carolina who was wearing his police

1:16:52.920 --> 1:16:56.479
<v Speaker 1>uniform under his robes, and Barry wasn't the only law

1:16:56.560 --> 1:16:59.080
<v Speaker 1>enforcement official in the area whose vision of law and

1:16:59.320 --> 1:17:03.600
<v Speaker 1>order did at harassing that bar out of existence. But

1:17:03.680 --> 1:17:07.240
<v Speaker 1>back to Barry, things didn't improve much for Barry as

1:17:07.320 --> 1:17:11.200
<v Speaker 1>nineteen ninety nine, wore On Don Penrod and two other

1:17:11.240 --> 1:17:13.840
<v Speaker 1>clansmen were convicted for threatening those state troopers at the

1:17:13.840 --> 1:17:17.640
<v Speaker 1>White Pride picnic, and Barry was once again removed from

1:17:17.680 --> 1:17:20.920
<v Speaker 1>the office of Constable by the courts. He tried to

1:17:20.920 --> 1:17:23.240
<v Speaker 1>appeal the decision as he had the first time around,

1:17:23.280 --> 1:17:27.280
<v Speaker 1>but it didn't work out. He filed a federal lawsuit

1:17:27.280 --> 1:17:30.160
<v Speaker 1>against the state police, but his case got tossed before

1:17:30.200 --> 1:17:33.200
<v Speaker 1>it even got off the ground. He had to bail

1:17:33.200 --> 1:17:35.519
<v Speaker 1>his son, Barry Junior, out of the local jail three

1:17:35.600 --> 1:17:38.719
<v Speaker 1>times that year, including one night after the younger Barry

1:17:38.760 --> 1:17:42.519
<v Speaker 1>was arrested for threatening someone with a gun, and in

1:17:42.640 --> 1:17:45.200
<v Speaker 1>June of nineteen ninety nine, an old white jury in

1:17:45.240 --> 1:17:50.000
<v Speaker 1>Carroll County deliberated for just twenty five minutes before finding

1:17:50.040 --> 1:17:54.800
<v Speaker 1>Barry Black guilty of cross burning under that Virginia statute.

1:17:55.120 --> 1:17:56.840
<v Speaker 1>They had the option of giving him up to five

1:17:56.920 --> 1:18:00.439
<v Speaker 1>years behind bars for this CLASSICX felony, but the jury

1:18:00.439 --> 1:18:02.919
<v Speaker 1>decided on just a twenty five hundred dollars fine.

1:18:04.960 --> 1:18:07.920
<v Speaker 3>I can't just say, hey, no, here's twenty five hundred dollars,

1:18:07.960 --> 1:18:10.439
<v Speaker 3>forget it. If I did that, I'm letting my race down.

1:18:10.640 --> 1:18:13.759
<v Speaker 3>I have to make people know that America is still

1:18:14.000 --> 1:18:16.840
<v Speaker 3>a land of opportunity, that America is still a land

1:18:16.840 --> 1:18:20.519
<v Speaker 3>of democracy, and that the Constitution United States of America

1:18:20.640 --> 1:18:21.839
<v Speaker 3>still means something.

1:18:24.920 --> 1:18:28.040
<v Speaker 1>His attorney, David Ball, vowed to appeal the conviction, saying

1:18:28.520 --> 1:18:31.320
<v Speaker 1>the cross was burned as part of their ceremony, not

1:18:31.360 --> 1:18:35.519
<v Speaker 1>because they wanted to intimidate anyone, and the first appeal

1:18:35.560 --> 1:18:38.479
<v Speaker 1>didn't go their way. In December of two thousand, the

1:18:38.560 --> 1:18:42.920
<v Speaker 1>Virginia Court of Appeals upheld Barry's conviction, but they kept fighting.

1:18:44.080 --> 1:18:47.360
<v Speaker 1>A year later, the Virginia Supreme Court agreed with Barry

1:18:48.160 --> 1:18:53.240
<v Speaker 1>Virginia's crossburning law was unconstitutional. The opinion noted that similar

1:18:53.280 --> 1:18:56.640
<v Speaker 1>statutes in Maryland and South Carolina had been ruled unconstitutional

1:18:56.680 --> 1:18:59.960
<v Speaker 1>in recent years, and the law on the books was indistinct,

1:19:00.000 --> 1:19:02.559
<v Speaker 1>inquishable from the Minnesota law struck down in the nineteen

1:19:02.600 --> 1:19:06.400
<v Speaker 1>ninety two Supreme Court case rav versus City of Saint Paul.

1:19:07.960 --> 1:19:10.879
<v Speaker 1>The issue here arises in that nineteen sixty eight amendment

1:19:10.880 --> 1:19:15.360
<v Speaker 1>to the law about the act itself being sufficient evidence

1:19:15.400 --> 1:19:19.559
<v Speaker 1>of intent, and just a quick side note here. I

1:19:19.720 --> 1:19:22.679
<v Speaker 1>don't want a Monday morning quarterback the State Supreme Court,

1:19:23.040 --> 1:19:26.760
<v Speaker 1>but they are mistaken about something here. The opinion incorrectly

1:19:26.800 --> 1:19:29.640
<v Speaker 1>states that the prima fascia evidence of intent language was

1:19:29.680 --> 1:19:33.800
<v Speaker 1>added in nineteen seventy five, but it was nineteen sixty eight.

1:19:33.840 --> 1:19:36.840
<v Speaker 1>And I can promise you that I pulled copies of

1:19:36.880 --> 1:19:39.839
<v Speaker 1>the Acts of the General Assembly for every legislative session

1:19:40.080 --> 1:19:43.960
<v Speaker 1>that this code section was touched. The prima facial requirement

1:19:44.160 --> 1:19:47.400
<v Speaker 1>was inserted when the law was amended in nineteen sixty eight,

1:19:48.080 --> 1:19:52.439
<v Speaker 1>after the State Supreme Court overturned Wilson Price's conviction. I

1:19:52.520 --> 1:19:55.040
<v Speaker 1>think the origin of this error is that the code

1:19:55.040 --> 1:19:58.639
<v Speaker 1>section does show a revision was made in nineteen seventy five,

1:19:59.320 --> 1:20:01.320
<v Speaker 1>but if you pull the full text of the nineteen

1:20:01.360 --> 1:20:05.960
<v Speaker 1>seventy five session, it's because everything in Title eighteen was

1:20:06.120 --> 1:20:10.040
<v Speaker 1>technically amended in nineteen seventy five. Because they rearranged and

1:20:10.080 --> 1:20:14.120
<v Speaker 1>recodified the entire criminal Code, so the language of the

1:20:14.160 --> 1:20:18.080
<v Speaker 1>statute stayed the same between nineteen sixty eight nineteen seventy five.

1:20:18.240 --> 1:20:21.960
<v Speaker 1>They just changed the numbers. That doesn't matter at all.

1:20:22.200 --> 1:20:25.200
<v Speaker 1>I didn't need to tell you that. I'm just flexing

1:20:25.240 --> 1:20:27.320
<v Speaker 1>on some court clerk from twenty four years ago. I

1:20:27.360 --> 1:20:34.240
<v Speaker 1>guess sorry. But anyway, this decision rested on that language.

1:20:35.040 --> 1:20:38.320
<v Speaker 1>The law couldn't be content neutral if this baked in

1:20:38.360 --> 1:20:42.680
<v Speaker 1>assumption of intent rested on the historical context of crossburning.

1:20:43.720 --> 1:20:46.200
<v Speaker 1>So basically, the court is saying, you can't have it

1:20:46.240 --> 1:20:50.280
<v Speaker 1>both ways. Either the law is constitutional because it is

1:20:50.360 --> 1:20:53.839
<v Speaker 1>content neutral it applies to everyone regardless of their motivation,

1:20:54.880 --> 1:20:59.320
<v Speaker 1>or you can justify the inference of intimidation by relying

1:20:59.360 --> 1:21:02.360
<v Speaker 1>on the history of the clan. But both of those

1:21:02.400 --> 1:21:06.040
<v Speaker 1>things can't be true at the same time. And because

1:21:06.080 --> 1:21:09.200
<v Speaker 1>Barry wasn't the only person arrested for burning across in

1:21:09.280 --> 1:21:12.719
<v Speaker 1>Virginia in nineteen ninety eight, this appeal to the State

1:21:12.800 --> 1:21:16.960
<v Speaker 1>Supreme Court was actually three cases rolled up into one.

1:21:17.120 --> 1:21:20.679
<v Speaker 1>So the court wasn't just reversing Barry's conviction in this opinion,

1:21:21.080 --> 1:21:23.920
<v Speaker 1>they were also throwing out convictions against Richard Elliott and

1:21:24.000 --> 1:21:27.639
<v Speaker 1>Jonathan O'Mara, two men had been convicted for burning across

1:21:27.640 --> 1:21:32.880
<v Speaker 1>on a black family's lawn. Now Barry has an argument here.

1:21:34.040 --> 1:21:36.639
<v Speaker 1>I don't like it. I don't have to like it,

1:21:37.200 --> 1:21:41.920
<v Speaker 1>but it's true. There wasn't really a victim in this case.

1:21:42.880 --> 1:21:45.880
<v Speaker 1>He was on private property at the invitation of the owner,

1:21:46.720 --> 1:21:49.960
<v Speaker 1>and they didn't really intend for anybody to see what

1:21:50.000 --> 1:21:53.680
<v Speaker 1>they were doing. The landowner's niece by marriage, who was

1:21:53.720 --> 1:21:56.439
<v Speaker 1>living elsewhere on the property, did testify in the original

1:21:56.479 --> 1:21:59.640
<v Speaker 1>case that she saw the cross burning and had been frightened,

1:22:00.479 --> 1:22:03.719
<v Speaker 1>but she was arguably not any kind of intended audience.

1:22:03.760 --> 1:22:06.799
<v Speaker 1>It's not even clear if they knew she was there.

1:22:07.120 --> 1:22:10.400
<v Speaker 1>For Elliot and O'Mara, though their cases did not rely

1:22:10.800 --> 1:22:15.040
<v Speaker 1>on prima facia evidence of intent, there was actual proof

1:22:15.040 --> 1:22:19.040
<v Speaker 1>of intent. There was a victim here. They absolutely intended

1:22:19.040 --> 1:22:21.960
<v Speaker 1>to intimidate that family and should rightfully be punished under

1:22:21.960 --> 1:22:25.519
<v Speaker 1>this law. So the State of Virginia appealed the state

1:22:25.560 --> 1:22:29.000
<v Speaker 1>Supreme Court ruling to the Supreme Court, and all three

1:22:29.040 --> 1:22:32.639
<v Speaker 1>of these cases rolled right on up together. And I'll

1:22:32.680 --> 1:22:35.680
<v Speaker 1>admit that before I started picking this story apart, my

1:22:36.120 --> 1:22:39.559
<v Speaker 1>sort of general understanding of Commonwealth feed Black was that

1:22:40.280 --> 1:22:43.560
<v Speaker 1>the Supreme Court ruled Virginia's cross burning law was unconstitutional,

1:22:44.280 --> 1:22:47.600
<v Speaker 1>and that is what happened. But it's not entirely straightforward.

1:22:48.479 --> 1:22:51.479
<v Speaker 1>Even the men's own lawyer, Rodney Smola, wasn't sure what

1:22:51.560 --> 1:22:53.400
<v Speaker 1>to make of the decision the day he read it.

1:22:55.760 --> 1:22:57.840
<v Speaker 3>I'm reading, and I read the first sentence, and I think, well,

1:22:57.880 --> 1:22:59.280
<v Speaker 3>no I want, says no.

1:22:59.360 --> 1:22:59.719
<v Speaker 1>I lost.

1:22:59.760 --> 1:23:03.240
<v Speaker 3>And then I get through the first set of opinions

1:23:03.280 --> 1:23:05.120
<v Speaker 3>by Justice O'Connor, and I wasn't sure.

1:23:07.320 --> 1:23:11.040
<v Speaker 1>The decision announced by Justice Sandrada O'Connor was kind of

1:23:11.080 --> 1:23:15.040
<v Speaker 1>a mixed bag. The court ruled it. Yes, the Virginia

1:23:15.040 --> 1:23:17.960
<v Speaker 1>Supreme Court was right about the prima facia element of

1:23:18.000 --> 1:23:19.720
<v Speaker 1>the law, making it unconstitutional.

1:23:21.640 --> 1:23:24.599
<v Speaker 5>The act of burning across may mean that the person

1:23:24.760 --> 1:23:31.200
<v Speaker 5>is engaging in constitutionally proscribable intimidation, or it may mean

1:23:31.360 --> 1:23:34.920
<v Speaker 5>only that the person is engaged in core political speech.

1:23:35.720 --> 1:23:40.000
<v Speaker 5>The prima facie provision blurs the line between these meanings.

1:23:40.680 --> 1:23:45.160
<v Speaker 5>The First Amendment does not permit such a shortcut. Thus

1:23:45.280 --> 1:23:48.559
<v Speaker 5>Black's conviction cannot stand and the judgment as to him

1:23:48.680 --> 1:23:49.320
<v Speaker 5>is affirmed.

1:23:52.120 --> 1:23:55.439
<v Speaker 1>But they were also clear in their opinion that Virginia

1:23:55.600 --> 1:23:59.800
<v Speaker 1>can enforce a law banning cross burning so long as

1:23:59.800 --> 1:24:03.439
<v Speaker 1>that law requires an intent to intimidate. If it can

1:24:03.479 --> 1:24:05.639
<v Speaker 1>be proven that the act was carried out with such

1:24:05.680 --> 1:24:10.080
<v Speaker 1>an intent, it's not free speech anymore. It's a true threat,

1:24:10.479 --> 1:24:12.719
<v Speaker 1>and threats are not protected by the First Amendment.

1:24:14.920 --> 1:24:18.200
<v Speaker 5>We hold that a state consistent with the First Amendment

1:24:18.960 --> 1:24:23.520
<v Speaker 5>may ban crossburning carried out with the intent to intimidate.

1:24:24.520 --> 1:24:28.080
<v Speaker 5>While a burning cross does not always convey a message

1:24:28.120 --> 1:24:33.439
<v Speaker 5>of intimidation, often the crossburner intends that the recipients of

1:24:33.479 --> 1:24:37.599
<v Speaker 5>the message fear for their lives, and when a cross

1:24:37.680 --> 1:24:41.920
<v Speaker 5>burning is used to intimidate, few, if any, messages are

1:24:41.960 --> 1:24:42.840
<v Speaker 5>more powerful.

1:24:45.720 --> 1:24:50.880
<v Speaker 1>Very one. His conviction was overturned. The highest court in

1:24:50.920 --> 1:24:55.080
<v Speaker 1>the land agreed it was his constitutional right to light

1:24:55.120 --> 1:24:59.719
<v Speaker 1>that cross. The Supreme Court did reverse the Virginia Supreme

1:24:59.720 --> 1:25:03.800
<v Speaker 1>Court rulings that had overturned Richard Elliott and Jonathan O'Mara's convictions.

1:25:03.920 --> 1:25:06.280
<v Speaker 1>Their cases were kicked back down to the lower courts,

1:25:06.280 --> 1:25:11.560
<v Speaker 1>and ultimately they were convicted and did serve time. And

1:25:11.640 --> 1:25:15.240
<v Speaker 1>after a lifetime of fighting losing battles, you might think

1:25:15.280 --> 1:25:21.040
<v Speaker 1>Barry came away from this emboldened, empowered, ready to ride

1:25:21.080 --> 1:25:24.599
<v Speaker 1>this victory into more marches, more recruiting, more cross burnings,

1:25:24.680 --> 1:25:31.920
<v Speaker 1>more anything. But he didn't really. He was fifty five

1:25:32.080 --> 1:25:34.160
<v Speaker 1>the year the Supreme Court gave him their blessing to

1:25:34.200 --> 1:25:39.160
<v Speaker 1>burn crosses. He probably did burn a few more, but

1:25:39.240 --> 1:25:42.879
<v Speaker 1>none of them made the news. He'd planted some seeds

1:25:42.880 --> 1:25:46.680
<v Speaker 1>as an Imperial Wizard, but none of them really thrived.

1:25:48.160 --> 1:25:50.600
<v Speaker 1>Corporate entities with names that seemed to tie them to

1:25:50.640 --> 1:25:54.720
<v Speaker 1>Barry's Keystone Nights existed in several states, but most of

1:25:54.760 --> 1:25:59.120
<v Speaker 1>them withered and died. The International Keystone Knights of the

1:25:59.160 --> 1:26:01.800
<v Speaker 1>Realm of Ohio registered with the State of Ohio in

1:26:01.840 --> 1:26:05.000
<v Speaker 1>two thousand and two, but they stopped filing annual paperwork

1:26:05.000 --> 1:26:10.720
<v Speaker 1>in twenty thirteen. The Invisible Empire International Keystone Knights of

1:26:10.720 --> 1:26:14.760
<v Speaker 1>the Ku Klux Klan, Incorporated was registered in Indiana by

1:26:14.760 --> 1:26:19.000
<v Speaker 1>Barry himself in nineteen ninety seven. The South Carolina based

1:26:19.080 --> 1:26:23.559
<v Speaker 1>nonprofit Barry Incorporated in nineteen ninety nine technically still exists

1:26:23.560 --> 1:26:26.640
<v Speaker 1>on paper, despite the deaths of both Barry and the

1:26:26.640 --> 1:26:30.640
<v Speaker 1>local clansmen he ran it with a Virginia chapter of

1:26:30.640 --> 1:26:33.240
<v Speaker 1>the Keystone Knights Incorporated. A few months after the Supreme

1:26:33.280 --> 1:26:35.760
<v Speaker 1>Court victory in two thousand and three, but there's no

1:26:35.840 --> 1:26:38.400
<v Speaker 1>record I can find of the chapter getting up to anything,

1:26:38.439 --> 1:26:41.400
<v Speaker 1>and all record of the entity disappears entirely after two

1:26:41.439 --> 1:26:45.519
<v Speaker 1>thousand and eight. Stephen Dnkle, the one time leader of

1:26:45.560 --> 1:26:48.760
<v Speaker 1>a Keystone Nights chapter in Alabama, was convicted of a

1:26:48.760 --> 1:26:51.439
<v Speaker 1>federal hate crime in twenty fourteen for a cross burning.

1:26:52.520 --> 1:26:54.840
<v Speaker 1>After his release, he was convicted again for a federal

1:26:54.920 --> 1:26:58.879
<v Speaker 1>firearms related offense, and in twenty seventeen, he was sentenced

1:26:58.920 --> 1:27:04.760
<v Speaker 1>to ten years for sexually assaulting an incapacitated woman. A

1:27:04.800 --> 1:27:08.000
<v Speaker 1>man named Willis Fraser still files annual paperwork with the

1:27:08.000 --> 1:27:11.599
<v Speaker 1>IRS for the Indiana based entity using the Keystone Knights name.

1:27:12.680 --> 1:27:14.640
<v Speaker 1>In two thousand and four, Fraser tried to sue the

1:27:14.680 --> 1:27:16.840
<v Speaker 1>state of Arkansas after he was fired from his job

1:27:16.840 --> 1:27:19.040
<v Speaker 1>as a prison guard for being a member of the

1:27:19.120 --> 1:27:24.120
<v Speaker 1>Keystone Knights, but his suit was dismissed. The only place

1:27:24.160 --> 1:27:26.560
<v Speaker 1>the Keystone Knights have popped up in recent years was

1:27:26.600 --> 1:27:29.040
<v Speaker 1>their legal battle with the state of Georgia over the

1:27:29.040 --> 1:27:32.960
<v Speaker 1>denial of their application to the state's adopt a Highway program.

1:27:33.479 --> 1:27:36.200
<v Speaker 1>The ACLU stepped in to help secure the clan's right

1:27:36.400 --> 1:27:38.400
<v Speaker 1>to put their name on a sign on the side

1:27:38.400 --> 1:27:42.719
<v Speaker 1>of a Georgia highway. That Keystone Knights chapter in Georgia

1:27:42.760 --> 1:27:45.480
<v Speaker 1>seems to be the only one that really still exists,

1:27:45.920 --> 1:27:48.840
<v Speaker 1>with Willis Fraser's name on some of that paperwork, tying

1:27:48.840 --> 1:27:52.439
<v Speaker 1>it all the way back to Barry. The Keystone Knights

1:27:52.479 --> 1:27:56.880
<v Speaker 1>are more or less dead, and Barry Black is entirely dead.

1:27:57.360 --> 1:28:01.360
<v Speaker 1>He passed away in twenty eighteen. He lived a life

1:28:01.360 --> 1:28:05.840
<v Speaker 1>of hatred. He spent most of his life feeling persecuted

1:28:05.920 --> 1:28:09.839
<v Speaker 1>and aggrieved, fighting what he saw as a righteous battle

1:28:09.920 --> 1:28:13.280
<v Speaker 1>for his civil rights. His right to disrupt life in

1:28:13.320 --> 1:28:15.840
<v Speaker 1>a small town with his clan rallies, his right to

1:28:15.880 --> 1:28:19.120
<v Speaker 1>serve as constable, his right to lead armed mobs that

1:28:19.160 --> 1:28:22.960
<v Speaker 1>threatened to shoot cops, his right to burn crosses, his

1:28:23.640 --> 1:28:29.360
<v Speaker 1>right to make his bigotry your problem. The part of

1:28:29.360 --> 1:28:33.160
<v Speaker 1>Barry's legacy I'm most interested in, though, is the law

1:28:33.200 --> 1:28:51.160
<v Speaker 1>written to stop the next Berry Black. While Barry Black's

1:28:51.160 --> 1:28:54.160
<v Speaker 1>cross burning appeals were working their way through the appeals process,

1:28:54.880 --> 1:28:59.040
<v Speaker 1>the Virginia General Assembly had already corrected the problem. They

1:28:59.120 --> 1:29:01.720
<v Speaker 1>knew the law they used to prosecute Barry wasn't going

1:29:01.720 --> 1:29:06.200
<v Speaker 1>to hold up, and instead of amending the existing statute,

1:29:06.760 --> 1:29:08.880
<v Speaker 1>they passed a new law in two thousand and two.

1:29:10.280 --> 1:29:13.080
<v Speaker 1>The language about prima fascia evidence of intent was gone,

1:29:13.320 --> 1:29:20.599
<v Speaker 1>of course, but there was another huge change. The cross

1:29:20.640 --> 1:29:27.880
<v Speaker 1>itself was missing. This new law outlawed burning anything if

1:29:27.880 --> 1:29:31.599
<v Speaker 1>it was done with the intent to intimidate. It's still

1:29:32.320 --> 1:29:36.559
<v Speaker 1>understood to be a cross burning law, but it doesn't

1:29:36.560 --> 1:29:41.920
<v Speaker 1>actually say that. It doesn't say that at all. Cross

1:29:41.960 --> 1:29:46.000
<v Speaker 1>burnings never stopped. Of course, they still happen here from

1:29:46.040 --> 1:29:50.200
<v Speaker 1>time to time. In twenty twenty, a man named James

1:29:50.200 --> 1:29:52.439
<v Speaker 1>Brown burned a cross outside the home of a black

1:29:52.479 --> 1:29:55.719
<v Speaker 1>teenager who'd been involved in organizing Black Lives Matter protests

1:29:55.720 --> 1:30:00.000
<v Speaker 1>in Marion, Virginia. He served eighteen months for criminal interference

1:30:00.120 --> 1:30:04.840
<v Speaker 1>with federally protected rights. Darryl Orange was convicted in twenty

1:30:04.880 --> 1:30:08.280
<v Speaker 1>ten under the original cross burning law, which was left

1:30:08.320 --> 1:30:11.080
<v Speaker 1>on the books for some reason, after he burned a

1:30:11.080 --> 1:30:15.840
<v Speaker 1>cross on his neighbor's lawn in Bedford, Virginia. Many crossburnings

1:30:15.880 --> 1:30:20.080
<v Speaker 1>go unsolved or unprosecuted, and some of them are still

1:30:20.080 --> 1:30:25.120
<v Speaker 1>dismissed as pranks. This new law has never really been

1:30:25.360 --> 1:30:29.880
<v Speaker 1>tested until last year. I can only find a single

1:30:29.960 --> 1:30:32.719
<v Speaker 1>case where it's ever even been used to charge someone.

1:30:34.160 --> 1:30:36.160
<v Speaker 1>On the fourth of July and twenty nineteen, a man

1:30:36.200 --> 1:30:38.320
<v Speaker 1>in Williamsburg pulled up in front of a wal Mart,

1:30:39.160 --> 1:30:41.720
<v Speaker 1>got out of his car, put an American flag on

1:30:41.760 --> 1:30:46.599
<v Speaker 1>the ground, and set it on fire. He didn't threaten anyone,

1:30:46.680 --> 1:30:50.080
<v Speaker 1>He just lit it up, shouted a bit about how

1:30:50.120 --> 1:30:55.679
<v Speaker 1>he hated America, and drove off. Wasn't shouting in anyone

1:30:55.720 --> 1:30:59.280
<v Speaker 1>in particular, He wasn't particularly close to anyone or anything,

1:31:00.080 --> 1:31:02.919
<v Speaker 1>and no one was injured and nothing was really damaged.

1:31:04.520 --> 1:31:07.840
<v Speaker 1>The charge almost certainly would not have held up to

1:31:07.880 --> 1:31:11.439
<v Speaker 1>any kind of scrutiny in this particular case. The local

1:31:11.479 --> 1:31:14.719
<v Speaker 1>cops outright said that they probably wouldn't even have arrested

1:31:14.760 --> 1:31:17.360
<v Speaker 1>him at all if he'd burned a towel instead of

1:31:17.400 --> 1:31:21.679
<v Speaker 1>a flag. It was the flag that had people worked up,

1:31:22.560 --> 1:31:24.559
<v Speaker 1>but the First Amendment right to burn a flag is

1:31:24.960 --> 1:31:29.320
<v Speaker 1>well trod legal territory. He ultimately pled down to a

1:31:29.360 --> 1:31:33.479
<v Speaker 1>misdemeanor disorderly conduct charge, So the court hasn't really ever

1:31:33.560 --> 1:31:38.160
<v Speaker 1>had to deal with this burning object law until now.

1:31:40.320 --> 1:31:45.760
<v Speaker 1>You see, seven years ago, hundreds of torch bearing white

1:31:45.840 --> 1:31:49.280
<v Speaker 1>supremacists marched through the grounds of the University of Virginia.

1:31:50.520 --> 1:31:54.240
<v Speaker 1>They'd come to Charlesville from across the country, taking Friday

1:31:54.280 --> 1:31:56.920
<v Speaker 1>morning flights or taking turns at the wheel for cross

1:31:56.960 --> 1:31:59.400
<v Speaker 1>country drives, and rented vans with guys they met on

1:31:59.400 --> 1:32:03.840
<v Speaker 1>message board. Arriving early before the big event the next day,

1:32:05.120 --> 1:32:07.160
<v Speaker 1>they gathered in a field near the tennis courts and

1:32:07.240 --> 1:32:12.240
<v Speaker 1>lined up two by two, torches in hand. Men with

1:32:12.320 --> 1:32:15.800
<v Speaker 1>walkie talkies clipped to their belts, some with wired earpieces

1:32:16.200 --> 1:32:21.240
<v Speaker 1>barked orders. Elliott Kleine, an ambitious young white nationalist organizer

1:32:21.280 --> 1:32:26.040
<v Speaker 1>calling himself Eli Moseley after twentieth century British fascist Oswald Moseley,

1:32:26.920 --> 1:32:29.439
<v Speaker 1>shouted at the crowd as they formed into a line.

1:32:31.280 --> 1:32:33.640
<v Speaker 1>So we're going around right through, and anyone who we

1:32:33.680 --> 1:32:35.040
<v Speaker 1>packed for the journey, let us know if we can

1:32:35.080 --> 1:32:39.080
<v Speaker 1>do it all right, We're picking big guys, no female.

1:32:41.200 --> 1:32:44.400
<v Speaker 1>Klein was selecting the biggest marchers to lay down their torches,

1:32:45.520 --> 1:32:50.040
<v Speaker 1>they might need their hands free. The march wound its

1:32:50.040 --> 1:32:53.280
<v Speaker 1>way through the university grounds, up the lawn, and then

1:32:53.360 --> 1:32:56.400
<v Speaker 1>up the steps of the University of Virginia's iconic rotunda

1:32:57.600 --> 1:32:59.560
<v Speaker 1>on the other side of the rotunda, gathered near a

1:32:59.560 --> 1:33:04.120
<v Speaker 1>statue Thomas Jefferson, a small group of anti racist activists waited.

1:33:05.680 --> 1:33:08.680
<v Speaker 1>In her testimony during a later civil trial, one of

1:33:08.720 --> 1:33:12.400
<v Speaker 1>the women who was terrorized that night said, when we

1:33:12.479 --> 1:33:16.679
<v Speaker 1>heard the roaring of the approaching crowd, we just linked

1:33:16.840 --> 1:33:22.360
<v Speaker 1>arms and held hands and started to sing. She said

1:33:22.360 --> 1:33:39.920
<v Speaker 1>at first it sounded like thunder, like the earth was growling.

1:33:49.200 --> 1:33:51.920
<v Speaker 1>As the sound grew closer, but before she could see

1:33:51.920 --> 1:33:54.639
<v Speaker 1>the light of the torches, she began to make out

1:33:54.640 --> 1:33:59.799
<v Speaker 1>the chance hundreds of voices raised in unison, shouting blood

1:34:00.080 --> 1:34:05.800
<v Speaker 1>and soil. Testifying about that night years later, she said

1:34:05.840 --> 1:34:09.720
<v Speaker 1>she still hears it in her nightmare sometimes, and by

1:34:09.720 --> 1:34:12.760
<v Speaker 1>the time that small group of mostly students realized the

1:34:12.800 --> 1:34:16.439
<v Speaker 1>magnitude and ferocity of the approaching mob, it was too late.

1:34:17.560 --> 1:34:19.720
<v Speaker 1>They were surrounded at the base of the statue by

1:34:19.880 --> 1:34:25.839
<v Speaker 1>hundreds of torch wielding white supremacists for just a few minutes,

1:34:26.680 --> 1:34:28.719
<v Speaker 1>minutes that those trapped at the base of the statue

1:34:28.760 --> 1:34:31.240
<v Speaker 1>said they believed might be their last, as they were

1:34:31.240 --> 1:34:35.840
<v Speaker 1>doused in lighter fluid, maced, kicked, and punched. There was

1:34:35.880 --> 1:34:42.240
<v Speaker 1>a melee after the crowd dispersed that night and after

1:34:42.280 --> 1:34:45.639
<v Speaker 1>the deadly rally the next morning, those men went home.

1:34:46.720 --> 1:34:51.960
<v Speaker 1>Some started businesses, some joined the military, others got kicked

1:34:52.000 --> 1:34:56.719
<v Speaker 1>out of the military, and some did both. Some died

1:34:57.160 --> 1:35:00.799
<v Speaker 1>of heart attacks and drug overdoses and self inflicted gunshot wounds.

1:35:01.880 --> 1:35:05.519
<v Speaker 1>They beat their wives and choked their girlfriends, went to

1:35:05.520 --> 1:35:11.080
<v Speaker 1>grad school, went to prison, trafficked drugs, started families, got divorced,

1:35:11.640 --> 1:35:15.719
<v Speaker 1>ran for office, tried to overturn a presidential election, left

1:35:15.720 --> 1:35:19.759
<v Speaker 1>the movement, tried to lead the movement, or just tried

1:35:19.800 --> 1:35:23.559
<v Speaker 1>to disappear. There are as many stories as there were

1:35:23.600 --> 1:35:26.479
<v Speaker 1>flames in the night when their voices joined us, one

1:35:26.640 --> 1:35:32.679
<v Speaker 1>shouting Jews will not replace us, and then dousing the flames,

1:35:33.600 --> 1:35:39.559
<v Speaker 1>going their separate ways back to the communities they came from.

1:35:39.720 --> 1:35:43.760
<v Speaker 1>Last year, the Algumorole County Prosecutor's office decided to put

1:35:43.800 --> 1:35:48.320
<v Speaker 1>this law to the test. This mom had burned objects,

1:35:49.240 --> 1:35:53.160
<v Speaker 1>they had intimidated people with them. If this law was

1:35:53.200 --> 1:35:56.840
<v Speaker 1>meant to punish anyone for anything, it was meant for

1:35:56.920 --> 1:36:01.920
<v Speaker 1>men like this with their flaming torches. And if you're

1:36:01.960 --> 1:36:04.840
<v Speaker 1>listening to this the day it came out, the odds

1:36:04.880 --> 1:36:07.439
<v Speaker 1>are pretty good that I'm sitting in a little county

1:36:07.439 --> 1:36:17.519
<v Speaker 1>courtroom with one of them right now. Weird Little Guys

1:36:17.640 --> 1:36:21.440
<v Speaker 1>is a production of Cool Zone Media and iHeartRadio. It's researched,

1:36:21.479 --> 1:36:25.679
<v Speaker 1>written and recorded by me Long Kunger. Our executive producers

1:36:25.680 --> 1:36:29.360
<v Speaker 1>are Sophie Lichtermann and Robert Evans. The show is edited

1:36:29.400 --> 1:36:32.760
<v Speaker 1>by the wildly talented Rory Gagan. The theme music was

1:36:32.800 --> 1:36:36.040
<v Speaker 1>composed by Brad Dickert. You can email me at Weird

1:36:36.040 --> 1:36:39.639
<v Speaker 1>Little Guys podcast at gmail dot com. I will definitely

1:36:39.680 --> 1:36:43.240
<v Speaker 1>read it, but I almost certainly will not answer it.

1:36:43.240 --> 1:36:45.799
<v Speaker 1>It's nothing personal. I don't answer any of my emails.

1:36:46.840 --> 1:36:49.120
<v Speaker 1>You can exchange conspiracy theories about the show with other

1:36:49.240 --> 1:36:53.280
<v Speaker 1>listeners on the Weird Little Guy's subreddit. Just don't post

1:36:53.320 --> 1:36:54.920
<v Speaker 1>anything that's going to make you one of my Weird

1:36:54.920 --> 1:36:57.320
<v Speaker 1>Little Guys.