the use of Confederate imagery. In fact, it was in the 1950s, after racial segregation in public schools was declared unconstitutional in Brown v. Board of Education, that many Southern states erected Confederate flags atop their state government buildings. Confederate monuments, memorials, and imagery proliferated throughout the South during the Civil Rights Era. It was during this time that the birthday of Jefferson Davis, the president of the Confederacy, was added as a holiday in Alabama. Even today, banks, state offices, and state institutions shut down in his honor.
At a pretrial hearing, I once argued against the exclusion of African Americans from the jury pool. In this particular rural Southern community, the population was about 27 percent black, but African Americans made up only 10 percent of the jury pool. After presenting the data and making my arguments about the unconstitutional exclusion of African Americans, the judge complained loudly.
“I’m going to grant your motion, Mr. Stevenson, but I’ll be honest. I’m pretty fed up with people always talking about minority rights. African Americans, Mexican Americans, Asian Americans, Native Americans … When is someone going to come to my courtroom and protect the rights of Confederate Americans?” The judge had definitely caught me off guard. I wanted to ask if being born in the South or living in Alabama made me a Confederate American, but I thought better of it.
I stopped in the prison yard to take a closer look at the truck. I couldn’t help walking around it and reading the provocative stickers. I turned back toward the front gate of the prison, trying to regain my focus, but I couldn’t make myself indifferent to what I perceived were symbols of racial oppression. I had been to this prison often enough to be familiar to many of the correctional officers, but as I entered I was met by a correctional officer I’d never seen before. He was a white man of my height—about six feet tall—with a muscular build. He looked to be in his early forties and wore a short military haircut. He was staring coldly at me with steel-blue eyes. I walked toward the gate that led to the lobby of the visitation room, where I expected a routine pat-down before entering the visitation area. The officer stepped in front of me and blocked me from proceeding.
“What are you doing?” he snarled.
“I’m here for a legal visit,” I replied. “It was scheduled earlier this week. The people in the warden’s office have the papers.” I smiled and spoke as politely as I could to defuse the situation.
“That’s fine, that’s fine, but you have to be searched first.”
It was difficult to ignore his clearly hostile attitude, but I did my best.
“Okay, do you need me to take my shoes off?” The hardcore officers would sometimes make me remove my shoes before going inside.
“You’re going to go into that bathroom and take everything off if you expect to get into my prison.”
I was shocked, but spoke as nicely as I could. “Oh, no, sir. I think you might be confused. I’m an attorney. Lawyers don’t have to get strip-searched to come in for legal visits.”
Instead of calming him, this seemed to make him angrier. “Look, I don’t know who you think you are, but you’re not coming into my prison without complying with our security protocols. Now, you can get into that bathroom and strip, or you can go back to wherever you came from.”
I’d had some difficult encounters with officers getting into prisons from time to time, mostly in small county jails or places where I’d never been before, but this was highly unusual.
“I’ve been to this prison many times, and I’ve never been required to submit to a strip search. I don’t think this is the procedure,” I said more firmly.
“Well, I don’t know and don’t care what other people do, but this is the protocol I use.” I thought about trying to find an assistant warden but realized that that might be difficult, and anyway, an assistant warden would be unlikely to tell an officer he was wrong in front of me. I had driven two hours for this visit and had a very tough schedule over the next three weeks; I wouldn’t be able to get back to the prison any time soon if I didn’t get in now. I went inside the bathroom and removed my clothes. The officer came in and gave me an unnecessarily aggressive search before mumbling that I was clear. I