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#304 Arkansas Lawsuit Update; Meet Judith Teruya+; Legacies of Jimmy Carter; CJR Comment/WP

In This Issue #304

·       Latest Development on Arkansas Foreign Ownership Laws

·       Meet Judith Teruya - New Executive Director of CAPAC

·       The Legacies of Former President Jimmy Carter

·       CJR: Trump, the Public, and the Press

·       News and Activities for the Communities

 

From Governor Gavin Newsom's Office - Get Help Today on LA Fires

Californians can go to CA.gov/LAfires – a hub for information and resources from state, local and federal government.  Individuals and business owners who sustained losses from wildfires in Los Angeles County can apply for disaster assistance:

·       Online at DisasterAssistance.gov

·       Calling 800-621-3362

·       By using the FEMA smart phone application

·       Assistance is available in over 40 languages

·       If you use a relay service, such as video relay service (VRS), captioned telephone service or others, give FEMA the number for that service.

Please share with your families, friends, and colleagues in the Los Angeles area.

 

Latest Development on Arkansas Foreign Ownership Laws

 

 

During the APA Justice monthly meeting on January 6, 2025, Professor Robert "Bob" S. Chang, Executive Director of Fred T. Korematsu Center for Law and Equality at the University of California Irvine School of Law, provided background and updates on the latest development on the Arkansas foreign ownership laws.With over 30 years in the legal academy, Bob has focused on anti-Asian discrimination in law, including alien land laws. He described his growing concern as these laws began to re-emerge in recent years, particularly with Florida’s 2023 law.  Collaborating with legal scholars like Rose Cuison Villazor (Rutgers Law School) and Jack Chin (UC Davis Law School), and the law firm Foley Hoag, Bob worked on an amicus brief addressing the historical and discriminatory dimensions of these laws.Bob highlighted parallels between historical and contemporary laws targeting minority groups, emphasizing how national security concerns often serve as a “fig leaf” to justify discriminatory practices. Drawing from his experience advancing Fred Korematsu’s legacy, he explained that the use of national security as a pretext is a recurring theme in American history. 

 

Alien Land Laws and Recent Litigation

Bob detailed the recent rise of alien land laws, noting that approximately 20 states are considering or have implemented new versions. He provided specific insights into Arkansas, where two laws were passed in 2023: one restricting agricultural land ownership and the other targeting land associated with data centers. Though framed as addressing “countries of concern” per the International Traffic in Arms Regulations (ITAR) list, evidence suggests these laws primarily target individuals and entities linked to China.Bob joined the Arkansas case after the complaint was filed, working with lead counsel Alexander Jones in the Little Rock office of Kutak Rock, and contributing a historical perspective to demonstrate the broader context and impact of such laws. Also joining in the case as co-counsel is Paul Hoffman, a clinical law professor at UC Irvine, along with several of the students in his civil rights clinic.

 

Legal Strategies and Outcomes

Bob discussed the legal strategies used to challenge these laws, including filing motions for a temporary restraining order (TRO) and a preliminary injunction. He humorously advised against filing such motions around Thanksgiving due to the intense workload, sharing that his team worked through the holiday to secure the preliminary injunction.  Ultimately, the judge granted the preliminary injunction but based the decision on statutory claims of federal preemption without reaching the constitutional claims.The federal preemption claims relied on the Foreign Investment Risk Review Modernization Act (FIRRMA), emphasizing that land ownership related to national security is under federal, not state, jurisdiction. While this argument succeeded, Chang warned that changes in federal policy or administration could weaken this approach.

 

Historical Lessons and Federal Advocacy

Bob drew historical parallels to the Chinese Exclusion Act of 1882, explaining how discriminatory state laws against Chinese immigrants in the 1870s led to federal legislation. He stressed the importance of proactive advocacy with organizations like APA Justice and engagement with groups like the Congressional Asian Pacific American Caucus (CAPAC) to prevent discriminatory policies at the federal level.

 

Ongoing and Future Litigation

Bob highlighted the broader legal battle against alien land laws, noting active cases in multiple states. Arkansas just filed its notice to appeal the preliminary injunction, and similar cases in states like Tennessee and Florida are advancing through the courts. He underscored the importance of building strong coalitions and setting favorable legal precedents, as these cases may ultimately reach the U.S. Supreme Court. 

Conclusion

Bob concluded by emphasizing the need for vigilance and collaboration to combat discriminatory laws effectively. He expressed his willingness to engage further with interested parties, both during the Q&A session and offline.A summary of the January 6 APA Justice monthly meeting is being prepared at this time.  

 

 

Meet Judith Teruya - New Executive Director of CAPAC

 

 

During the APA Justice monthly meeting on January 6, 2025, Judith Teruya spoke on her first official day as the Executive Director of the Congressional Asian Pacific American Caucus (CAPAC) under Chairwoman Grace Meng. She acknowledged the longevity and importance of these efforts, stating, "You all have been doing this for a long time through a lot of different circumstances and different issues coming up in the community across the country."Judith introduced herself and highlighted her professional journey, which began in Congresswoman Meng’s office. During her tenure, Judith contributed to significant legislative achievements, including the “COVID-19 Hate Crimes Act”, the passage of the “AANHPI Museum Study Act”, and the creation of a commission to establish a “Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Museum”. Most recently, she served with the “White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI)” under Krystal Ka'ai’s leadership before transitioning to her current role.Judith honored the legacy of CAPAC Chair Emeritus Judy Chu, acknowledging her transformative leadership over the years. Judith expressed her excitement about continuing CAPAC’s work and building upon its past achievements. Acknowledging the challenging political landscape ahead, she stated, "We know that the next couple of years are going to be a challenge. We know there are some challenging legislative battles that we have ahead of us in the House." Judith also referenced potential difficulties under a second Trump administration, noting, "We know from the first time around some of what we can expect... and so I really look forward to getting to work with you all."  She emphasized the critical importance of ensuring that AANHPI communities are protected and actively involved in policymaking, saying, "Our communities must be seen, heard, and considered in the voices of policymaking, and not as an afterthought."

 

Judith concluded by inviting collaboration and encouraging open communication, stating, "Please be in touch... I just look forward to getting to join you all monthly, moving forward.” Judith underscored her commitment to sustained engagement, listening to community concerns, and working together to address key issues impacting AANHPI communities.*****During the monthly meeting on January 6, Joanna YangQing Derman, Program Director of Advancing Justice | AAJC, provided a brief update on AAJC's opposition to the reauthorization of the House Select Committee on the CCP. She acknowledged that opposing this reauthorization was an "uphill battle," a reality confirmed by the recent passage of the rules package that reauthorized the Select Committee.  Despite this setback, Joanna expressed gratitude to all the groups that joined AAJC's letter of opposition and reaffirmed AAJC's commitment to combating "harmful rhetoric and policies" that could lead to discriminatory backlash against the Asian Pacific Islander (API) community. She concluded by reaffirming further updates and actions in the weeks and months to come.*****During the same meeting, Dr. Kai Li, Vice President of the Asian American Scholar Forum (AASF), highlighted AASF's efforts and upcoming initiatives, emphasizing its role as a leading voice for the Asian American scholar community. He noted concerns about the potential resurgence of the "Chinese Initiative," stressing its negative impact on civil rights, talent retention, and U.S. competitiveness in global talent.

 

Kai discussed AASF’s ongoing research on talent retention.  A previous analysis revealed a significant loss of talent in the U.S., exacerbated by a chilling effect stemming from investigations targeting Asian American scholars. To deepen their understanding, AASF is initiating a new round of data analysis with updated information through 2024, aiming to uncover the primary reasons behind this talent exodus.AASF is also launching a national survey to gather feedback on new policies from scholars of all backgrounds. This effort includes collaboration with the National Institutes of Health (NIH) and the National Science Foundation (NSF) to understand reactions among scientists. The survey aims to facilitate closer cooperation with federal agencies and provide insights for policymaking.Kai mentioned discussions with university lobbying offices in Washington, D.C., regarding shared concerns. They include:

 

·       Potential taxation of university endowments.

·       Penalties for universities perceived as misaligned with administration priorities.

·       Legislative proposals restricting access to educational and economic opportunities for students from specific countries, particularly China.

·       Issues such as visa revocations at borders and penalizations of individuals based on historical affiliations with entities now on restricted lists.

 

Kai reported that at AASF’s Annual Symposium at Stanford University on July 25-27, 2024, in partnership with the NSF, six Asian American scientists were recognized for their groundbreaking contributions with inaugural Asian American Pioneer Medals.

 

·       Nasir Ahmed: Inventor of discrete cosine transform, enabling modern video conferencing.

·       Raj Reddy: Developer of continuous speech recognition technology.

·       Teresa Meng: Innovator in Wi-Fi communication.

·       Frank Chung: Creator of the power amplifier for prolonged phone use.

·       Hyungsup Choi: Pioneer in semiconductor memory technology.

·       Dawon Kahng and Simon Sze: Co-inventors of floating gate memory, the fathers of flash memory.  Dawon Kahng also invented MOSFET, the fundamental technology for semiconductor chips.  Simon Sze published a book considered as the bible for semiconductors devices.

 

A summary of the January 6 monthly meeting is being prepared at this time.

 

 

The Legacies of Former President Jimmy Carter

 

 

 

Dr. Yawei Liu, Senior Advisor of the Carter Center, has been involved with the center for over 25 years.During the APA Justice monthly meeting on January 6, 2025, Yawei delivered an insightful talk reflecting on the life, values, and contributions of former President Jimmy Carter, emphasizing lesser-known aspects of his legacy.Yawei highlighted President Carter's humility, honesty, and integrity, noting that while his presidency (1977–1981) is often criticized, his post-presidential accomplishments elevated him to one of the most admired former presidents. Yawei emphasized President Carter's refusal to capitalize on his political status, stating, “He would not take a penny” from honorariums or his Nobel Peace Prize earnings, instead directing all proceeds to philanthropic causes. Yawei noted, “His income is his pension, the royalties from his 33 books, and the proceeds from his farm.”President Carter’s modest lifestyle was underscored with examples such as his return to Plains, Georgia, where he lived in a $170,000, three-bedroom home. Yawei remarked, “The house, along with its three-acre compound, is cheaper than the Secret Service Suburban parked outside.” Carter and his wife, Rosalynn, planned to be buried on this property.

 

President Carter's Humanitarian EffortsThe Carter Center led a global campaign to eradicate Guinea worm disease, reducing cases from 3.5 million in 1986 to just 11 in recent years. Yawei quoted President Carter’s lifelong wish: “I would like to see all the worms gone before I die,” acknowledging the near success of this effort.President Carter’s 33-year dedication to volunteering a week annually with Habitat for Humanity exemplified his commitment to grassroots humanitarian work. He also lent his reputation to "The Elders," a group of former global leaders mediating conflicts worldwide, significantly enhancing its credibility.Diplomatic ContributionsYawei shed light on President Carter’s underappreciated role in resolving the nuclear crisis on the Korean Peninsula in the early 1990s. His 1994 meeting with Kim Il-sung helped establish a framework for peace, which later administrations attempted to follow.President Carter’s pivotal role in normalizing U.S.-China diplomatic relations in 1979 was another focus.  President Carter’s interest in China began in childhood, inspired by letters from his uncle, a merchant marine, and his awareness of Baptist missionary work in the region. His first visit to China in 1949 exposed him to the devastation of the civil war, deepening his understanding of the country’s challenges.  Yawei emphasized the lasting benefits of President Carter’s work, noting that normalization turned East Asia into a global economic engine. 

 

Yawei concluded by quoting President Carter's 2018 op-ed, where he called for “courageous leadership” to prevent a U.S.-China cold war. President Carter advocated for continued engagement, arguing that policies initiated under President Richard Nixon and solidified during his presidency brought peace and prosperity to East Asia. Rejecting engagement outright, President Carter warned, was “ludicrous and absurd.”Yawei celebrated President Carter’s enduring legacy as a global humanitarian and diplomat, urging future leaders to uphold his principles of humility, service, and a vision for a peaceful, interconnected world.A summary of the January 6 monthly meeting is being prepared at this time.

 

 

CJR: Trump, the Public, and the Press

 

 

On January 6, 2025, the Columbia Journalism Review article, "Trump, the Public, and the Press," examines the dynamic between Donald Trump’s presidency, media coverage, and the influence of billionaire ownership in journalism. It highlights Trump’s combative relationship with the press, noting his ability to bypass traditional media through rhetoric and direct communication. This strategy, combined with his attacks on "fake news," has eroded public trust in journalism. The article discusses the challenges faced by media outlets owned by billionaires like Jeff Bezos (The Washington Post) and Patrick Soon-Shiong (Los Angeles Times), emphasizing the tightrope they walk between perceived bias, commercial interests, and editorial independence. The piece observes that “the public’s trust in media has plummeted, exacerbated by political polarization and a president who weaponized distrust.”The article also explores the broader implications of billionaire ownership in journalism. It raises concerns about how ownership can shape editorial direction, subtly aligning coverage with owners’ business interests or avoiding topics that could provoke political or financial backlash. “When billionaires own the press, the line between public interest and private interest can blur dangerously,” the article warns. It urges journalists to remain steadfast in their commitment to accountability and truth-telling despite growing external pressures, particularly in an era rife with misinformation and political manipulation."The truth may not matter to the wealthy owners and CEOs who are treating Trump as much like a pope as a president. But journalists must redouble our efforts to expose every conflict of interest, every lie, and every threat to democracy," the article concludes.The article was authored by Norman Pearlstine.  He began his journalism career in the 1960s. He has served as managing editor at the Wall Street Journal; editor in chief, chief content officer, and vice chairman at Time Inc.; senior adviser at the Carlyle Group; chief content officer at Bloomberg News; and executive editor of the Los Angeles Times.

 

Read the Columbia Journalism Review article: https://bit.ly/4afy2Jx 

 

 

In a related story on January 9, 2025, New York Magazine reported "It’s Open Season on the Washington Post." The report delves into the internal struggles and controversies facing The Washington Post as it grapples with leadership changes, financial pressures, and declining morale.  Under CEO Will Lewis, the paper has faced layoffs, shrinking subscriptions, and waning confidence in its editorial vision. Interim executive editor Matt Murray has acknowledged “choppy waters ahead” for the publication.  Jeff Bezos’s intervention in rescinding the editorial board’s endorsement of Kamala Harris reportedly led to 250,000 subscription cancellations, further intensifying internal discord.Ann Telnaes, a Pulitzer Prize-winning cartoonist who recently left The Post, highlighted frustrations with the changing culture of the newsroom.  Telnaes had created a cartoon that was ultimately blocked from publication by the paper's leadership.  Reflecting on her departure, Telnaes said, “It’s not just about one cartoon—it’s about the larger issue of whether The Washington Post is still willing to take a stand.”  Her departure underscores broader concerns, as one staffer noted that The Post is increasingly seen as “a stepping stone rather than a destination.” These issues have cast a shadow over the Post’s ability to retain its identity as a journalistic powerhouse.Read the New York Magazine report: https://nym.ag/4gax7vj

 

 

News and Activities for the Communities

  

1. APA Justice Community Calendar

 

 

Upcoming Events:2025/01/17-03/15 2025 Asian American Stories Video Contest: My Gift to America2025/01/19 Rep. Gene Wu's Town Hall Meeting2025/01/23 Community Reactions to the Trump Administration’s “Day One” Priorities2025/02/02 Rep. Gene Wu's Town Hall Meeting2025/02/03 APA Justice Monthly Meeting2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall Meeting2025/03/02 Rep. Gene Wu's Town Hall Meeting2025/03/05 APA Justice Monthly MeetingVisit https://bit.ly/3XD61qV for event details.

 

2. Erratum

George Ping Shan Koo 顧屏山 was born in Changting, China, in 1938.  It was incorrectly reported as Hong Kong in APA Justice Newsletter Issue #303

# # #

APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community.  For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org.  We value your feedback. Please send your comments to contact@apajustice.org.

January 17, 2025

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