Monday, January 17, 2022

Martin Luther King's Speech “Love, Law, and Civil Disobedience:” The Radical Tradition

Martin Luther King, Jr., whose national holiday we celebrate today, gave his most influential speech on November 16, 1961. This speech is called “Love, Law, and Civil Disobedience.” Like many speakers before and since, King showed that his seemingly radical ideas rested on strong traditions and historical precedents. He showed that people stand in an ancient tradition when they break unjust laws.


A Thoughtful Speech

The speech, which he presented to a group of student civil rights workers, did not rise to the heights of thrilling oratorical excellence for which King was remembered. So, why do I say that it was influential? That’s because “Love, Law, and Civil Disobedience” was a carefully reasoned speech that shaped, justified, and explained the principle of nonviolent resistance to racial oppression. This speech, now largely forgotten, guided the Civil Rights movement. That movement would reach its climax three years later, during the Birmingham demonstrations, with the Civil Rights Act of 1964 and the now-gutted Voting Rights Act of 1965 soon to follow.

In my previous post, I explained how this speech laid out the Civil Rights’ movement’s philosophical and moral foundation. The speech also justified the principle of nonviolent resistance to unjust laws. While King’s philosophical foundation relied heavily on Christian theology, his principle of nonviolent resistance owed more to Mohandas Gandhi and New England transcendentalism. Like many speakers before and since, King showed that his seemingly radical ideas rested on strong traditions and historical precedents.

Radicals, like King, seek social change. Conservatives look to tradition. Paradoxically, King combined the two opposing ideas. His agenda, which called for sweeping social and legal change, were considered radical in 1961. They would still be considered radical in 2022.

Yet, King’s astute persuasive tactic helped make his methods seem – well, not radical at all. By tying nonviolent resistance to history and tradition, King implied that his movement’s actions were traditional. More than that, however, he turned his critics’ arguments against them. It was they and not King, who rejected tradition – the tradition of civil disobedience. This was King’s subtext.


The History of Civil Disobedience

To begin with, King started with Greek philosophy. “There is nothing new about this,” King insisted. Indeed, he said that “We go back and read the Apology and the Crito, and you see Socrates practicing civil disobedience.” King also appealed to religious tradition, pointing out that early Christians also refused to obey unjust laws:
“The early Christians practiced civil disobedience in a superb manner, to a point where they were willing to be thrown to the lions. They were willing to face all kinds of suffering in order to stand up for what they knew was right even though they knew it was against the laws of the Roman Empire.”
How many conservative Christians have thought about that? About a time when the very act of worshipping as a Christian was civil disobedience? Not stopping there, King reminded the students that the United States of America has a long history of civil disobedience. He mentioned the Boston Tea Party and the work of pre-Civil War abolitionists:
“And even let us come up to America. Our nation in a sense came into being through a massive act of civil disobedience, for the Boston Tea Party was nothing but a massive act of civil disobedience. Those who stood up against the slave laws, the abolitionists, by and large practiced civil disobedience.”
The point here? Few of King’s opponents in 1961 would try to say that slavery was just. The abolitionists, who were the radicals of the 1850s, worked against the monstrous laws that perpetuated slavery. History now admires them. They became heroes – to later generations – by helping slaves to escape. However, they were heroes only because they broke the law. That obvious fact gave King a powerful historical and moral precedent.

There is, however, the other side. Are laws not supposed to be the guardians of public order and morality? Are we doing the right thing when we follow the law? Sometimes, King said, we are not.
 

What Is Legal Isn’t Always Right

In other words, that something is legal does not, in King’s philosophy, mean that it is right. Indeed, the law might require you to do something wrong. That was a radical concept – it is hard to imagine a more radical idea – and yet King’s logic seems inescapable. Throughout large parts of the United States in 1961, racial discrimination and oppression were actually required by law. Did that make it right? Was it right for people to obey such laws?

King offered a powerful rebuttal, founded on history and yet tied to the present day. King insisted that actions are not always righteous just because they are legal. He asked people to rise above popular morality and legal principles. He said that we should instead live by conscience. That is a difficult challenge, to which few of us ever rise.

For example, King reminded the students that Nazi Germany applied the force of law to commit acts of stunning evil. Evil people created Nazi law for evil purposes. King called for his workers to have the courage to reject legal but monstrous evil like Hitler’s:
“We must never forget that everything that Hitler did in Germany was ‘legal.’ It was illegal to aid and comfort a Jew, in the days of Hitler's Germany. But I believe that if I had the same attitude then as I have now I would publicly aid and comfort my Jewish brothers in Germany if Hitler were alive today calling this an illegal process.”
King also reminded the students that the Union of South Africa was, in 1961, a white supremacist nation. In South Africa, racial justice was actually a crime. King expressed support for the resistance that Black-majority leaders offered against South Africa’s cruel, but legal, regime:
“If I lived in South Africa today in the midst of the white supremacy law in South Africa, I would join Chief Luthuli and others in saying, break these unjust laws.”
For, yes indeed, apartheid (which was legally required racial oppression) was enshrined in South African law. Yet, it was obviously wicked and unjust.


What Is Legal? What Is Right?   

These examples led King to a powerful but daring conclusion. He insisted that the students in his audience, who were organizing nonviolent resistance, actually represented tradition. That claim utterly conflicted with conventional attitudes. Yet, King gave his opponents a chance to ask themselves some hard questions. Would they have supported Hitler? South African apartheid was legal. But was it right? King put his opponents in difficult position. Were they prepared to defend some of the century’s most horrible laws? Were they prepared to defend oppression in the United States?

Two years later, King would write his famous “Letter from a Birmingham Jail.” That letter, which I recommend in the highest terms, laid out, in much more detail, the same historical and philosophical principles that King had already explained in “Love, Law, and Civil Disobedience.” King’s speech made nonviolent resistance into a moral obligation. King tied civil disobedience to tradition, while rejecting unjust laws. And it was in this now-forgotten speech that King laid out the philosophy that guided the Civil Rights movement for years to come. 

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Related Public Speaking Posts: 

Read First Post about King's speech: 
Martin Luther King, Jr.'s Speech, “Love, Law, and Civil Disobedience:” The Civil Rights Movement’s Philosophical Foundation

Martin Luther King, Jr. at the Mountaintop in Memphis, Tennessee: A Speech for the Ages

French President Macron Reminds the USA of Its Traditions

Rabbi Michael Z. Cahana’s Sermon about the Summer of Love: Is Love the Answer to Nazism?

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Research Note: Radicals often look for ways to tie their ideas to tradition. In his award-winning book, The Prophetic Tradition and Radical Rhetoric in America, Professor James Darsey shows how radical speakers often quote the Hebrew prophets.

Was “Love, Law, and Civil Disobedience” totally neglected? No, not entirely. It was reprinted in several editions of an advanced communication textbook, Contemporary American Speeches, which was co-edited by my professor Richard L. Johannesen.

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