Archive for the ‘Fifth Amendment’ Category

Thinking It Through: What’s wrong with the shutdown? – VVdailypress.com

By Richard Reeb| For the Victorville Daily Press

The widespread shutdown of millions of American lives for the past eight months is likely to continue and intensify as a change in presidential administrations looms. Critics are invariably written off as indifferent, if not hostile, to science, authority and human welfare. But the case for quartering us in our homes questionable from the start has shown itself to be anti-science, unconstitutional and cruel.

There are serious questions about the science constantly being invoked as a discussion stopper by Democratic governors and mayors around the country. Scientists diligent investigation of the world, especially of the human component, has been a great good. But science as a discipline is only as good as those professing to be scientists actually make it.

In other words, there is nothing scientific about scientists, bureaucrats, politicians or professors claiming to speak with the authority of science in the absence of proof. This pandemic was first approached with an hypothesis, as all such projects require, that this highly infectious virus could be fought successfully by a combination of strict measures.

First, there were travel bans on the virus host country, China, and then Europe; confinement in our homes;cutbacks on non-essential activities;first a rejection then a demand that we wear masks and practice social distancing;and strenuous efforts to develop a vaccine.

The pandemic challenged the best minds. Early on a difference of opinion arose between those who believed that saving even one life was worth the public sacrifice and those who saw that the solution was as bad, if not worse, than the problem. Science has been forcibly invoked to justify the former over the latter.

I am reminded of the popular definition of insanity: Doing the same thing over and over again and expecting different results.

Scientists and policy makers faced a situation for which there was not sufficient or well-established knowledge to justify using existing methods. That made dealing with it the equivalent of a huge experiment. Humanitarian concerns forbade breaking the population into control groups, one chosen for the proposed remedies and one not. That meant that, but for the different approaches in different states, one size fits all.

Despite the draconian measures chosen, the number of COVID-19 cases, illnesses and deaths has continued to grow. When President Trump tested positive and experienced real symptoms, the chattering class denounced him for his carelessness. But by that dictum, all who have tested positive are in the same category.

We know that some states and countries chose not to impose a lockdown, and which experienced no worse results than those that did. But we also know that a majorityof infected persons retain or resume good health. We also know that the oldest and sickliest among us are far more likely to suffer or die than more than 90%of the population.

I was reminded recently of the reaction that Galileo received from others in the scientific community of his day when he discovered that the Earth revolved around the sun rather than the reverse. They refused to look through his telescope! There are myriads of qualified scientists, physicians and professors who have challenged the reigning scientific hypothesis and been denounced as quacks.

As to the constitutional question, let us turn to the Fifth Amendment to the U.S.Constitution, which reads in part: no person shall be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation.

Is there any doubt that this constitutional right has been continually and massively violated? When people are confined to their homes, denied the right to work, run a business orassociate in a variety of causes, and been prevented from attending worship services, it is perfectly clear that their rights and the Constitutions provisions have been wantonly disregarded.

There has been a huge human cost to these ill-advised measures which the professed lovers of humanity have ignored, meaning everything from lost opportunities,jobs and failed businesses, to depression, suicide, andalcohol and drug abuse.

I was reminded last week that as bad as the blatant hypocrisy of politicians and celebrities is, as they decline to wear masks or practice social distancing, worse is the clear implication that they dont believe those measures are truly effective. Masks and social distancing for thee but not for me!

We must newly appreciate how Jesuss denunciation of the Pharisees was not restricted to them, but applicable to all times and places where those in authority live by a different set of rules than the rest of us.

Richard Reeb taught political science, philosophy and journalism at Barstow College from 1970 to 2003. He is the author of Taking Journalism Seriously: Objectivity as a Partisan Cause (University Press of America, 1999). He can be contacted at rhreeb@verizon.net.

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Dereliction Of Duty: Can Local Governments Be Liable For Not Protecting Property From Protestors? – Government, Public Sector – United States – Mondaq…

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Eager to spark the socialist revolution, left-wing activistsseized Ramsett Park and the surrounding area and declared anindependent autonomous community dedicated to social and economicjustice. The activists threw up barricades and excluded both thepolice and the "bourgeoisie" owners of businessessurrounding the park. Fearing a primary challenge, Mayor Gundersonordered the police to withdraw from the area except forlife-or-death situations. As days turned into weeks, the areareverted to a Hobbesian state, with violence increasing and refugeaccumulating in the street. Mayor Gunderson belatedly ordered thearea cleared. When the business owners returned, they found theirbuildings vandalized and their property stolen or destroyed. Theylook to hold someone responsible. But the activists havedisappeared, and, in any event, hippies are notoriously judgmentproof. Can Mayor Gunderson and the City be held liable for notenforcing the law?

While that hypothetical may have appeared bizarre and improbablelast year, astrikinglysimilar situationoccurred in Seattle in June, asactivists seized control of a sixteen-block area that came to beknown as the Capitol Hill Organized Protest ("CHOP")Zone. Seattle did not order the police to clear the area for threeweeks, during which there was extensive violence and propertydamage. At the end of June, local businesses and property owners inthe CHOP area sued Seattle to recover for the damages they sufferedand the temporary loss of their businesses and land.

Last month, a federal judge in Washingtonheldthat the lawsuit could proceed and that the propertyowners had pled enough facts to show potential violations of theFourteenth Amendment's Due Process Clause (which prohibits thegovernment from depriving individuals of "property without dueprocess of law") and Fifth Amendment's Takings Clause(which states that "private property [may not] be taken forpublic use without just compensation"). This post will examinehow those claims would fare in Texas.

Successfully suing a city in Texas for violating the Due ProcessClause would be difficult. In 1989, the Supreme Courtheldthat the Clause generally does not require thegovernment to "protect the life, liberty, and propertyinterests of its citizens from invasion by private actors. In otherwords, the Clause's "purpose was to protect people fromthe State, not to ensure that the State protected them from eachother."

However, one exception to that general rule is the so-called"state-created danger" doctrine, under which thegovernment can be held liable for violating the Due Process Clauseif it created or increased the danger to the injured individual.The Supreme Court hasneverrecognizedthis doctrine. The Fifth Circuit hasnoteither and, in fact, has created such a stringent testthat it has never found a set of facts that could satisfy it. Underthattest, the plaintiff must show:

Even assuming that the Fifth Circuit would recognize thestate-created danger doctrine, the business owners in ourhypothetical probably could not satisfy it. First, the City did nottake an affirmative step to create the danger or make the businessowners more vulnerable to it. It was an omission, rather than anact of commission. And, if the government had no hand in bringingabout the peril but "simply stood by and did nothing whensuspicious circumstances dictated a more active role, it cannot beheld liable." Second, it is doubtful that the business ownersare "known victims" under the Fifth Circuit's test.That court hasheldthat the state-created danger doctrine does notextend to any foreseeable victim, because "increasing the riskof harm to unidentified and unidentifiable members of the public...is not sufficiently willful and targetedtoward specific harm to remove the case into the domain ofconstitutional law."

In contrasts, the Ninth Circuit hasrecognizedthe state-created danger doctrine, and thecourt in the Seattle "CHOP" case held that the Plaintiffshad pled enough facts to satisfy it. It concluded thatSeattle's alleged "actionsencouraging CHOPparticipants to wall of the area and agreeing to a 'noresponse' zone within and near CHOP'sbordersforeseeably placed Plaintiffs in a worse positionthan they would have been in absent any City interventionwhatsoever."

The distinction between commissions and omissions isalsocriticalto the business owners' likelihood ofprevailing under the Takings Clause. When the government takesprivate property, it must pay "just compensation," thatis, the property's fair market value. The Supreme Courthasheldstatedthat a temporary takings claim can be maintained when thegovernment's action occurring outside the property gives riseto "a direct and immediate interference with the enjoyment anduse of the land." And, once the government has worked a takingof the property, "no subsequent action by the government canrelieve it of the duty to provide compensation for the periodduring which the taking is effective."

That being said, the Takings Clause requires compensation onlyif the property is taken by the government, not a third party. Forexample, the government is not liable under the Takings Clause if athief steals a car, even if the government could have done a betterjob of deterring the theft by erecting more street lights orincreasing the amount of police patrols.

But providing authority or assistance to that third partychanges the result. State governments have granted the power ofeminent domain on private companies, such as railroads andtelecommunication providers. Local governments have also seizedproperty themselves andtransferreditto private companies to promote "economic development."Whether the latter transfers are for "a public use"isdebatable(anddoubtful). But they are unquestionably takings for which thegovernment is required to provide "justcompensation."

The hypothetical above and the Seattle "CHOP" casefall between the government seizing property itself andtransferring it to a third party and the government merely failingto prevent theft of and trespass on private property. In thehypothetical, a claim under the Takings Clause would likely notsucceed because the City provided no assistance to theactivists.

On the other hand, the court in the Seattle "CHOP"case held that the Taking Claim was viable because the propertyowners had pled facts indicating that Seattle's"endorsement of, and the provision of material support to CHOPset in a motion a series of acts by certain CHOP participants, whothe City knew or reasonably should have known would deprivePlaintiffs of their protected property interest."Specifically, the Plaintiffs pointed out that Seattle had provided"medical equipment, washing/sanitation facilities, portabletoilets, nighttime lighting, and other material support." AndSeattle's mayor tweeted her support for the activists andinfamously predicted a "summer of love" in the area. Based on those facts, thecourt held that the City might be liable under the Takings Clause.While the Plaintiffs have not won the merits, the case is one towatch.

The situation in Seattle is undoubtedly an extreme situation,but it is an important reminder that the usual recourse for thegovernment's failure to enforce its laws is political, ratherthan legal. The Seattle "CHOP" case could begroundbreaking if the Plaintiffs ultimately prevail. Regardless ofits outcome, property owners should not rely solely on thegovernment to protect their property but rather make sure that theyare adequately insured against property damage and theft.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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Facial Recognition Technology Is Being Used on More Campuses During COVID-19 – TeenVogue.com

On September 22, a group of nine students at the University of Miami received a mysterious email from an administrator. Dr. Ryan Holmes is inviting you to a scheduled Zoom meeting to discuss [the] incident that happened on September 4, 2020, at the Whitten University Center, read the email, obtained by Teen Vogue. There was a Zoom meeting link, but no further explanation. The incident the email referred to, which all nine email recipients had attended, was a die-in to protest conditions for cafeteria workers on campus. In the Zoom meeting, the students say, Holmes gave a long speech about how they should have properly registered their protest. When they asked repeatedly how they had been identified, they report that the dean didnt have as much to say.

Everyone was kind of wondering how we were identified as being at the protest, Mars Fernandez, a graduate student at the University of Miami, tells Teen Vogue. At one point someone just outright asked, Was it some sort of supersecret surveillance technology? The dean just kind of laughed, and then said something about how its no different than if the school were to use facial recognition software to find a students laptop that goes missing from the library.

In late October, another group of University of Miami students got in trouble for removing banners from campus that had been placed by the universitys College Republicans club. University of Miami president Julio Frank emailed the student body with a message, obtained by Teen Vogue, that a pro-Trump banner approved to be displayed on campus had been vandalized and that those found responsible will be held accountable. Soon after, several students who removed the Trump signs say they were called in by the police. Although they did not ask how they were identified as the individuals behind the action, the students who spoke with Teen Vogue say many suspect facial recognition technology was involved.

One student who removed a Trump sign tells Teen Vogue they did so to ensure marginalized students felt safe on campus. To me, that sign was a disgusting display of a hateful belief system that has somehow become socially acceptable with the rise of Trump, says the student, who prefers to remain anonymous. I was contacted by the police a couple days after. The student says they felt as if the police were trying to intimidate them and the matter was being treated as a criminal investigation. Since they used the word criminal, a lawyer informed me that it was within my fifth amendment rights to not show up and testify against myself," the student explains. "The lawyer reached out and told the police she was representing me, and I havent heard from them since. Teen Vogue has reached out to the University of Miami Police Department multiple times for comment.

Stay up-to-date with the Teen Vogue politics team. Sign up for the Teen Vogue Take!

In a statement emailed to Teen Vogue, the University of Miami denies any use of facial recognition technology on campus. The University does not employ facial recognition technology in its security measures, the statement reads. The University was criticized, wrongly, for allegedly using facial recognition technology to identify students who attended a September protest.

However, the resume of David Rivero, the chief of police with the University of Miami Police Department, touts the universitys usage of a camera system that employs facial recognition. One of the largest security project[s] added during Chief Riveros tenure was the creation of the new university-wide camera system, reads Riveros resume, obtained by Teen Vogue. The system now includes 1,338 cameras, recording 24 hours a day, and featuring video analytics, which is the use of sophisticated algorithms applied to a video stream to detect predefined situations and parameters such as motion detection, facial recognition, object detection, and much more. In an October 4 interview with Distraction, a student magazine at the university, Rivero admitted to using facial recognition to catch a few bad guys on campus. According to the universitys statement, though, Rivero denies the use of facial recognition technology during the September protests on campus.Teen Vogue has reached out for clarity surrounding the matter, but has not received a response.

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Facial Recognition Technology Is Being Used on More Campuses During COVID-19 - TeenVogue.com

Harvey Weinstein Tries To Pause Suit Over Ill Health – 106.3 The Groove

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Harvey Weinstein is asking a federal judge in New York to halt the proceedings in a civil suit brought by Alexandra Canosa, a former Weinstein Company employee. Canosa sued him, the Weinstein Company and several of its directors and executives, claiming he raped and assaulted her repeatedly, while threating to retaliate against her at work.

Weinsteins attorney Imran Ansari told the court that he would not be able to sit for a deposition due to his ill health, and that the matter should be put on hold pending outcome of the assault and rape charges hes facing in L.A. Under the current timeline, Weinstein would have to complete the deposition by January 19th.

Ansari writes in the motion: Mr. Weinsteins health has had a dramatic decline this week, as heavily reported in the media. These health concerns make it practically impossible to conduct his deposition and impedes his fundamental right to participate in his defense.

The health concerns reportedly include diabetes mellitus, extensive coronary artery disease, high blood pressure, sleep apnea, chronic leg pain, arthritis, anemia, spinal stenosis and several others, which Ansari argues put him at heightened risk for contracting COVID-19.

Notwithstanding Mr. Weinsteins vehement denials of these salacious accusations, and evidence to support that any sexual relationship was completely consensual, these allegations closely resemble the charges of sexual misconduct in the Los Angeles County District Attorneys Office, writes Ansari. In the absence of a stay, Mr. Weinsteins constitutional rights to defend himself against the criminal allegations are unreasonably and unfairly burdened. Mr. Weinstein would be forced to make 'the difficult choice between being prejudiced in the civil litigation,' if he asserts his Fifth Amendment privilege, 'or from being prejudiced in the criminal litigation if he waives that privilege in the civil litigation.'

He is facing 11 felony charges in L.A., including rape and sexual battery. Extradition to California has been put on hold amid the pandemic, but his attorney says its imminent.

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Harvey Weinstein Tries To Pause Suit Over Ill Health - 106.3 The Groove

Megan Thee Stallions Good News Didnt Give Us The Answers We Wanted – BuzzFeed News

Victoria Will / AP

Megan Thee Stallion during a portrait session in New York.

As much as Megan Thee Stallion is known for her straightforward sex positivity, general outspokenness, and explicit lyrics, an intriguing part of her discography if unexplored by Meg herself is feelings she withholds and the things she doesnt say. In the context of a tumultuous year of violence and grief and joy Megs hotly anticipated debut album, Good News, seemed to be implicitly set up to address more tamped-down emotions. And in an era when lots of music made by women rappers has been derisively and reduced to stripper rap, this record mightve offered another way for listeners to consider what it truly means to bare all. For better or for worse, Good News, which came out last Friday, does not deliver wholly satisfying answers.

What we get with the Houston rappers debut album is more of the same womens empowerment, taking an operative role in ones own pleasure, aka driving the boat, fun but dialed up and concentrated further. The debut album is supposed to be the coming-of-age story in song, the record an artist has spent their whole life making, an autobiography overstuffed with too many feelings and ideas. Illmatic; Reasonable Doubt; The Miseducation of Lauryn Hill; Good Kid, M.A.A.D. City; Cole World: The Sideline Story all evince this tendency. Instead, Good News feels like a baggy collection of songs that are limited in scope, even though they might have unlimited streaming potential. They explore repetitive sensory details, not sensuality, and a vague sense of freakiness rather than real transgression or eroticism. On this album, there are songs about sex, of course, but they dont feel particularly sexy Intercourse features a hook that repeats sexual intercourse over and over again. Sugar Baby and Movie focuses on womens financial exploitation of men, and Do It on the Tip and Body, which has become a TikTok challenge, are both about bodily autonomy. But these songs feel like poor imitations of her earlier efforts.

Its not as if any of what Meg raps about isnt inherently interesting: Sexual agency and erotic pleasure is riveting material in her music generally, and her megawatt featured single WAP in particular. But on Good News, these subjects sound incredibly banal. On Intercourse, Meg raps, Let you put your hook in my bumper like a repo.

Surely theres a more enticing metaphor for that position than one that invokes towing a car? Sometimes the ideas on offer in the album even appear contradictory to Megs fun-loving, woman-first persona. Popcaan, the featured artist on Intercourse, opens the song by crooning, Girl, your pussy good from birth. From birth? Its frustrating that she relies on these cringey moments rather than pushing the envelope or even our understanding of the fuller contours of real hot girl shit, one of her catchphrases, or what shes like when shes alone, when its just herself and the elephants in the room. But perhaps the limited topics are the point. Maybe exploring a dynamic range of experiences is not what shes after right now, and thats OK. Femmes love party music too. On Girls in the Hood, she tells us, Im sick of motherfuckers tryna tell me how to live. Point taken. But we dont even get a middle ground in the track between the lofty idealism that shes come to stand for and the escapism thats fueled her so far. Surely there is some thematic space between reclamation and repossession between body positivity and a featured artist making questionable metaphors about a grown womans pussy.

Although Meg addresses her headline-grabbing shooting in July and mentions in passing the death of her mother, the sense a listener might get from this record is one of foreclosed emotion, of someone who has shut down right when theyre poised to open up and let the world know exactly who they are. The debut album that portal into interiority and a rappers beautiful subjectivity is instead boarded over in this case, like so many other windows this year. We are frequently given a rundown of physical detail (dick size preferences, levels of vaginal lubrication, 40-inch-long black weave like Morticia) but not much else. Cartesian dualism, which is the idea that the brain and body are separate entities, though not mentioned directly here, feels like a main theme of the project. This dynamic is best summed on the albums best song, Circles, the only one besides Shots Fired that feels remotely revealing:

Bullet wounds, backstabs,

Mama died, still sad

At war with myself in my head,

Bitch, its Baghdad

New nigga tryna come around and play clean

And my clothes fit tight, but my heart need a seamstress

Whats maddening is that lyrics like these are both insightful and beautiful but frustratingly rare on this album. The records structure is bewildering, except to those of us whove ever practiced avoidance. Its as if Meg has decided to open a door for a few minutes before opting out of letting us in or continuing to look inward, instead heading for the club, the place most of these 17 songs are probably best suited for anyway. (Though what the album lacks in introspection it makes up for in humor. An exemplary joke from Sugar Baby: Thinkin that he Future / Imma leave him in the past tense.) The albums order also mimics the narrative arc of Allison P. Daviss recent GQ profile of Meg, which saw the rapper immediately break down, recover, and move on to other matters. Any reluctance Megan might have felt to cover the heavy stuff so quickly in our conversation, Davis writes, was superseded by a need to confront it, to say her piece, and to move on to fully experiencing everything happening in her life.

The withholding that marks Megs musical output has unfortunately been compounded this year. The rappers calendar year has already been weighted with the anniversary of her mother and grandmothers passings, global death and decay, and marked by the mystery of her shooting in July. Its hard not to notice that Megs career arc so far has been a subtle study in something approaching survivors guilt. And while fans have rushed to Good News for answers, how much is she really supposed to share? And at what cost?

Megan Thee Stallion in Midtown on March 9 in New York City.

As is the case for most of us, 2020 has been incredibly difficult for Megan Thee Stallion to say the least. In March, she became embroiled in a legal battle when she sued her label, 1501 Entertainment, for what she claimed was an unfair contract. Though she earned her first No. 1 Billboard Hot 100 single in the spring for the Savage remix featuring Beyonc, in July, she said rapper Tory Lanez, her friend at the time, shot her. (He was later charged with the shooting.) On Tuesday, Meg was nominated for four Grammys, including Record of the Year and Best New Artist.

The contradictions that marked Megs year are characteristic of her journey in general. After all, her public-facing story is one of contradictions or, rather, one that exploits contradictions. Shes a woman whos named herself a stallion, which is defined as an uncastrated male horse; she dropped her debut album in the midst of a legal battle with her record label, which is a music business veterans kind of issue; she severed ties with both her ex-best friend and her lover as her hit single Savage brought families together. And now shes given us Good News in a year featuring so little of it.

A recurring theme of hip-hop is the triumph of barely escaped death, and it figures into the genres aesthetics: the champagne poured out to acknowledge the prematurely deceased before the rest is imbibed in a glitzy VIP section, the memorial chains, the airbrushed R.I.P. attire, the missing you tribute montages at the beginning of music videos. But its understandable why she might want to have this beat missing. Her music is largely escapist, and these wounds are still incredibly fresh. Still, when it appears that the rule of thumb for this record is Keep that shit, playa / I dont like getting personal, as delivered on Circles, its hard not to feel crestfallen by the lack of analysis by a star of her talent and stature.

Her public-facing story is one of contradictions or, rather, one that exploits contradictions.

Just as the genre is thematically tied to a barely escaped death, it is also linked to the experience of losing loved ones before ones career takes off. Its a lived experience many rappers have explored in their music: the spirit of Nas friend Ill Will permeates his debut; T.R.O.Y. by Pete Rock & C.L. Smooth is a formative rap dirge; Chance the Rappers tribute to his friend Rodney plays a significant role in Acid Rap; Lil Snupe, Meek Mills protg, is the unofficial, ghostly engine of his Dream Chasers label. Were meant to understand that the time spent grinding for the very songs were listening to overlaps with moments rappers might spend with family and loved ones, and that sacrifice makes the success bittersweet.

I lost my mama and my granny in the same month / A bunch of bitches talking down cause Im coming up.

Those are the opening lines of the song Aint Equal, the first track from Suga, the EP that Meg dropped in March. The record premiered a year after the death of her grandmother and Holly HollyWood Thomas, her mother and manager who died of a brain tumor last March. Although that song sets an interesting tone in a collection of music that advances Megs trademark subjects womens empowerment, fun, sex and suggests a departure from her usual approach to these subjects, any mention of what must be intense grief is few and far between in the music she has released since these devastating losses.

In that couplet, she moves on to braggadocio before the listener can even digest what shes said about her family. Just as a listener might be conjuring the trauma of that loss, and the associated imagery: the obits, the funeral dirges, the lowered caskets, the awful fact that she had to experience those rituals twice in a month, theres a switcheroo she redirects our imaginations toward her ascent, her chin held up, her head to the sky. And even in those lyrics, listeners must read through the lines or resist doing so out of respect for all of the prodigious writing she has shared.

Although shes stated plainly the physical cost of her matriarchs deaths, we never hear how she feels about it, though maybe vocalizing sadness over such an enormous tragedy is redundant. On Circles, she asks: Dont you hate when you hold a nigga down / Then he switch up on you / Turn out to be a clown? As in Aint Equal, she immediately moves to chest-puffing before the listener can focus on what shes just said. Her ultimate assessment of the ordeal? I aint in my feelings with it. Then, later, she advises, Never let a nigga see you sweat. In fact, the plainspoken pain of Jazmine Sullivans heartbreak anthem Holding You Down (Goin in Circles), sampled throughout the track, emotes more than Meg does.

Megan Thee Stallion performs on Saturday Night Live on October 3, 2020

Like Breonna Taylor, Meg has become a symbol of Black womanhood in America, and her recent public overtures demonstrate her support of this framing. In an October Saturday Night Live performance, she invoked Taylor and the Protect Black Women movement. Later that month, she wrote an op-ed in the New York Times about her experiences this year and her hopes that Black women will be reevaluated in the public imagination. And yet, despite all of the heaviness, Megs music is so lighthearted and joyous, almost as if in counterpoint to the darkness shes had to overcome. While fun, escapist fare, the album notably lacks the breadth of her other projects, such as the op-ed and the fantastical, provocative, politically outspoken live performances.

The juxtaposition between Megs music and her life is a bit jarring, but not surprising given her demonstrated interest in compartmentalization. Although shes been a populist hero, the schism where the shooting is concerned between those who believe her version of events and someone elses often skews according to gender; she is inspired by musical heavyweights but always reminds interviewers that her mom, who was also a rapper, is her greatest inspiration; at 25, Meg, who is hoping to finish her degree next year, has an old-school Black American reverence for a college education and a career that obviates the need for it. Meg is an artist whose music is alternately lauded and reviled for its explicitness, and yet the central event of her career, the shooting, so far is shrouded in mystery, a withholding not of her own making.

What she does is borrow from Lauryn Hill who remains the lodestar of womens rap music beginning her debut with the same bravado, that same battle cry. Shots Fired, a direct diss directed toward Tory Lanez and Kelsey Nicole, her exbest friend, immediately recalls Lost Ones, the opening salvo of Hills Miseducation, which is also a diss track aimed at a former lover, the musician Wyclef Jean. Where Lost Ones set up a record that would share admissions, express insecurities, and articulate triumph, hurt, confusion, nostalgia, and hope, Good News first two tracks, Shots Fired and Circles, function like clickbait. They suggest a candidness that never fully comes. The rest of the record doesnt live up to the gusto of those early compositions, but the first two songs provide some major missing information from the puzzle. In the first, Meg seemingly alludes to gossip reports that said Kelsey Nicole was in cahoots with Lanez for money and detailed the argument she had with Lanez the night she was shot.

Megs shooting has defied the reception of every other hip-hop artist whos been wounded before and after her.

According to Meg, Lanez shot her in the foot after a night of partying in the Hollywood Hills. Shed wanted to get out of an SUV she shared with him, Nicole, and her bodyguard, but Lanez allegedly fired at her feet to prevent her from walking away. He has denied that the event happened at all, and even released an album, Daystar, in September, doubling down on the denials hed made on Instagram and through his lawyers. In Money Over Fallouts, he vehemently denies that he did anything wrong, asking, Gotta see a couple questions: how the fuck you get shot in your foot, dont hit no bones or tendons? / How the fuck your team is trying to paint me as some whole menace? He claims that hes the subject of an industry-wide conspiracy perpetrated by Meg, Jay-Z, Megs boss at Roc Nation, her management firm, and the Illuminati. He likens himself to Chris Brown and digs deep into a well of debunked theories, claiming, They want the downfall of every Black man. (We never do learn who they are.) On the song A Woman, he draws a picture of Meg as an archetypal man-eater who betrayed him and turned his heart cold. Daystar is incoherent and devastatingly manipulative; its a concept album based on gaslighting.

After the shooting, months of speculation ensued in which Meg was forced to respond to Lanezs claims from his album and his social media dispatches. She was also compelled to respond to internet trolls who combed through all of the publicly available case materials, searching for examples of her supposed deception. As Allison P. Davis laid out in her GQ feature, In a year marked by undeniable success of Megan's own makingthe viral moments and omnipresent bops and joyous social media anticsthis lone and shitty incident (that she didn't create) has loomed persistently.

For almost as long as hip-hop has existed, the shooting has been an origin story or at least a mythic point of reference for scores of rappers. Artists either observed the specter of ambient gun violence or street hustling and were lucky enough to live and tell about it (Nas, Jay-Z, Black Thought, among many others); they themselves survived a shooting on their ascent, an event which became a part of their musical bildungsroman (50 Cent, the Game); or were killed by gun violence (Tupac Shakur, the Notorious B.I.G., XXXTentacion, Nipsey Hussle, Pop Smoke, King Von, Mo3).

The conventional thinking is that bearing witness to or experiencing violence is tragic yet depending on who you are and what you've done in the lead-up to a rap career, or based on the attention you get after you become famous not wholly unexpected. (After all, mercenaries lurk, just as fans do.) Still, to the cynical and uninitiated, that brush with death lends authenticity to the artistic endeavor; the idea is so clich in American culture that The Sopranos even spoofed it in one episode. The shooting story is so integral to the canon of rap narratives that its almost as if Joseph Campbells heros journey merged with the Roots satire of rap tropes in their hit single What They Do. The shooting narrative is a cultural analog to the arcade game staged by Suzan-Lori Parks in her Pulitzer Prizewinning play Topdog/Underdog, in which patrons pay to fake-assassinate a Black Lincoln impersonator. Parkss metaphor there was the allure and repulsion of history and Black peoples oddball figuration in all of it, as well as our relationships to savior figures and gatekeepers like Lincoln. The same can be applied to this experience and motif in rap. The shooting is an unfortunate, violent encounter with either a rappers own history-in-lyrics or a gimmick meant to prove ones hardiness or viability in the musical marketplace.

Knowing Megs devastating public history clues us into the ways that a conspiracy theory, and not just blind item gossip and paparazzi outside the airport, can be advanced in service of an attack on a formidable Black woman. Megs shooting has defied the reception of every other hip-hop artist whos been wounded before and after her. While the minor and major details of other rap-related shootings have been discussed and even sniggered at (Biggies ominous Tupac diss Who Shot Ya? for example) the question of whether a shooting happened has never actually been conjectured to this degree, if at all. Megs sampling of Who Shot Ya? on Shots Fired feels like an oblique commentary on this history. Whereas some shooting stories turn to rap origin tales, others morph into conspiracy theories like the idea that Tupac faked his own death. Its likely that Meg understands how her shooting can turn into that kind of overwrought, wrongheaded myth, and thats perhaps why shes so interested in deflecting more than explaining. On Circles, she demands, Shhh, cut the noise.

Megan Thee Stallion performs onstage at the Red Rocks Unpaused three-day music festival on Sept. 2 in Morrison, Colorado.

The survivors guilt that has characterized Megs life finds new resonance in the context of Good News. Its always been lonely at the top, but with her most recent losses including the deaths of her mother and grandmother and the less intense but potentially grievous ending of her friendship with Nicole you wonder if she feels even more alone now. She is the incredibly successful daughter of a mother who once rapped but never made it big. As Meg explained in her GQ profile, she is the remaining scion of a fierce matrilineal family. And now she has survived a shooting. Her brilliant contradictions might speak to her latent interest in surviving because contradiction might be the best way to carry all of yourself with you. Shes written an op-ed that delves into her shooting, recorded Instagram Lives detailing her trip to the ER and her subsequent medical imaging, posted a photo to Instagram of her bloodied foot, and yet many people still dont believe her. Shes talked to the press and had authentic if extremely vulnerable encounters with members of the media. When Meg spoke to GQ, she ended up breaking down when talking about her mother. Who wants to be that exposed all the time, especially when youre in the public eye?

One of Megs tweets from July is telling in this regard: Black women are so unprotected & we hold so many things in to protect the feelings of others w/o considering our own, she wrote. It might be funny to yall on the internet and just another messy topic for you to talk about but this is my real life and Im real life hurt and traumatized. Shes certainly aware of the ways that Black women in general and Black women rappers in particular have been so misunderstood. And perhaps shes not alone in responding as she has to the pressure; in a 2018 review of Nicki Minajs Queen, Lindsay Zoladz wrote for the Ringer about Minajs tepid subject matter, the searching work of a mature-minded female emceeis ground yet to be broken.

While I dont entirely agree I think that The Miseducation of Lauryn Hill is so mature-minded it debilitated its author; Jean Graes work, for example, has always been staggeringly probing and poignant; and Dreezy, a newer artist, magnificently goes for analysis of the self and society her insight is generally true. But look at why: For many of these women, sharing has not often resulted in the most charitable engagement. Lauryn Hills faux pas, her statements to the media, to concertgoers, and on Facebook, have been misconstrued, she says. (In one letter, she explains that what hasnt been touched upon by the media is the notion that it isn't possible to affect people in any deep and meaningful way without putting sacrificial time in.) In 2015, Nicki Minaj infamously shut down a New York Times Magazine profile with writer Vanessa Grigoriadis after the rapper objected to questions she felt were disrespectful. She was especially offended by the writers phrasing of a question about whether she thrived on drama. (Grigoriadis later admitted her own failure in that moment.) Meg has already seen how her vulnerability has been used against her. After all, Lanez used her mothers death as a way of defending himself on Friends Become Strangers, another Daystar lowlight.

And maybe the offerings from Meg, City Girls, Kash Doll, and the other women targeted by the stripper rap categorization feel more natural if you think of fame, like other exchanges, as inherently transactional. If raps popular artists have proved their mettle on being coldhearted and closed off to bullshit, then maybe the way to achieve the parity in Hills commercial and critical promise is to go toe-to-toe, eschewing regret and dolefulness for baguette-cut diamonds.

Women who make stripped-down music and claim they are unbothered, as Meg repeatedly describes herself on Good News, ideally reclaim a similar power held by their dude counterparts, who make the same references to stoicism, couching it in the velvety isolation of a strip clubs VIP section. The strip club, one of raps and increasingly pops stalwart proving grounds is a space that demands a kind of mental as well as physical gymnastics. It regularly requires psychological protection, the metaphorical version of the mask-wearing many of us have done this year. This music is two sides of the same coin, or, rather, two sides of the same dollar bill rained down on a dancer and then scrupulously shoveled up.

While I think labeling Megs and anyones work as stripper rap is far too simplistic, she is stylistically in the wheelhouse of the other artists criticized for that approach, and borrows the steely veneer needed to prosper in that subgenre. On Whats New, she sneers, Wish I would let a ho in my business / Quit askin bout these niggas; the link between no questions asked discretion and the albums media theme become clearer. So instead of being publicly vulnerable and shamed or mocked for her imperfect feelings (and timing) or being subjected to voyeurism, as Hill has, Meg, with Good News, has released a 17-track prepared statement from her mind, her hearts publicist. (If my heart broke, its nothin that my jeweler wont fix / Put some ice on my chest just to cool my shit / And I keep me a fur cause Im a real cold bitch, she raps on Do It on the Tip.) In lieu of cathartic release, we get something like a press release, ensuring a tightly controlled, unbothered image.

In this light, the album title is shrewd, and perhaps a play on the old adage no news is good news. In the wake of a devastating year, Meg has retreated on this record behind an old Hollywood PR system of her own creation; that is to say, if shes making any news, shell break it herself. The rappers refusal to say more might be her way of modeling what shes asked the country to do this summer: Protect Black women. In this case, shes looking out for herself by keeping key feelings close to the chest. In a way, shes saying about her feelings what media-trained entertainers have learned to reply, like gangsters parroting the Fifth Amendment: No comment.

Excerpt from:
Megan Thee Stallions Good News Didnt Give Us The Answers We Wanted - BuzzFeed News