Saturday, March 9, 2019

Stephanie Flowers Showed Us a Different Way to Think About Stand Your Ground Laws

Sen. Stephanie Flowers

Democratic Arkansas Senator Stephanie Flowers spoke loudly and forcefully against stand your ground laws during a meeting of the Arkansas Senate Judiciary Committee. Stand your ground laws, found in several (mostly red) states, abolish the traditional duty to retreat from danger in public places, and instead authorize ordinary citizens to stand their ground and shoot people who make them feel threatened.

But we all need to see different viewpoints. In her short speech, Flowers pointed out two different ways to see the gun rights issue: First, that the stand your ground laws make life more dangerous for black crime victims, and, second, that, since people who are armed and ready to stand their ground pose a threat, it might be reasonable to feel anxious, shoot them, and claim a stand your ground defense. I don’t think anyone has ever put it that way before, but she had a point. Oops.

Let’s look at the first perspective that Flowers offered. Feeling that stand your ground laws discriminate against and threaten the safety of African-Americans, Flowers said: “I’ll be as quick as I can, as quick as it takes to kill someone, I guess.” She protested the limits on debate on this important issue. Noting that her children had a different experience than the children of the white legislators, Flowers asked, “How many black kids, black boys, black men are being killed by these stand your ground defenses that these people raise, and they get off?” She based her credibility on her motherhood: “I am a mother and I have a son.” She told the white members of the committee, “My son doesn’t walk the same path as yours does.” She said that she feared for her son’s life until he left Arkansas.

This led to her second new viewpoint. She told one legislator, “You don’t have to worry about your children, Will. But I have to worry about my son. And I worry about other little black boys and girls. And other people coming into my neighborhood and to my city. And they are saying they got open carry, right, walking right in front of my doggone office in front of the courthouse.” She said that anyone who did that was a “bully.” Such open-carry people were, she felt, intimidating her, but in doing so they posed a threat and she wondered whether she would be justified to kill them. So she asked: “Do I have a right to stand my ground with some crazy-ass person walking around with a doggone gun? I don’t know what . . . he intends to do.” She noted that legislators were walking around the legislature with their guns. 

She cursed a bit. She shouted. She didn’t shout any more than the Republican senators at the recent Michael Cohen hearing. That was too much shouting then, and Flowers shouted too much this time, but turnabout is fair play. Like the other members of the committee, I don’t approve of her foul language, but I heartily approve of her breaking the time rules to say what she needed to say. The Republicans on the committee were obviously trying to rush the bill through, and she insisted on making her points anyway. Her anger and passion gained her much attention. Her speech hit the national news. Internet videos of her speech attained millions of views in a short time.

So, here is what she accomplished and how she did it: she made people across the nation see the stand your ground issue in a new light. Her passion gained attention. She made the issue seem real, not theoretical, by putting stand your ground laws in personal terms. She helped people realize that stand your ground laws might endanger the pro-gun people who support them. Her speech got noticed, and more people may be thinking about the stand your ground laws. So, good for her.


Side note: the traditional legal doctrine, which is the duty to retreat in a public place if you can do so safely, developed from centuries of legal experience. Conservatives are supposed to favor tradition. So how do conservatives reconcile stand your ground laws with tradition? I don’t think they can. Do note that the legal issues are more complex than political talk would make us think. 

For my other posts about gun control speeches, click here.



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