document_title: Canadian Charter of Rights and Freedoms

question_text: who enforces the charter of rights and freedoms

text: Canadian Charter of Rights and Freedoms

text: Features[edit]

text:
Canadian Charter
of Rights and Freedoms

Part of the Constitution Act, 1982.

Preamble

Guarantee of Rights and Freedoms

1

Fundamental Freedoms

2

Democratic Rights

3, 4, 5

Mobility Rights

6

Legal Rights

7, 8, 9, 10, 11, 12, 13, 14

Equality Rights

15

Official Languages of Canada

16, 16.1, 17, 18, 19, 20, 21, 22

Minority Language Education Rights

23

Enforcement

24

General

25, 26, 27, 28, 29, 30, 31

Application of Charter

32, 33

Citation

34

v
t
e

text: Under the Charter, people physically present in Canada have numerous civil and political rights. Most of the rights can be exercised by any legal person (the Charter does not define the corporation as a "legal person"),[3] but a few of the rights belong exclusively to natural persons, or (as in sections 3 and 6) only to citizens of Canada. The rights are enforceable by the courts through section 24 of the Charter, which allows courts discretion to award remedies to those whose rights have been denied. This section also allows courts to exclude evidence in trials if the evidence was acquired in a way that conflicts with the Charter and might damage the reputation of the justice system. Section 32 confirms that the Charter is binding on the federal government, the territories under its authority, and the provincial governments. The rights and freedoms enshrined in 34 sections of the Charter include:

text: Exceptions[edit]

text: Precluding all the freedoms and forming the basis of the Charter, the very first section, known as limitations clause, allows governments to justify certain infringements of Charter rights. Every case in which a court discovers a violation of the Charter would therefore require a section 1 analysis to determine if the law can still be upheld. Infringements are upheld if the purpose for the government action is to achieve what would be recognized as an urgent or important objective in a free society, and if the infringement can be "demonstrably justified." Section 1 has thus been used to uphold laws against objectionable conduct such as hate speech (e.g., in R. v. Keegstra) and obscenity (e.g., in R. v. Butler). Section 1 also confirms that the rights listed in the Charter are guaranteed.

text: In addition, some of these rights are also subjected to the notwithstanding clause (section 33). The notwithstanding clause authorizes governments to temporarily override the rights and freedoms in sections 2 and 7–15 for up to five years, subject to renewal. The Canadian federal government has never invoked it, and some have speculated that its use would be politically costly.[4] In the past, the notwithstanding clause was invoked routinely by the province of Quebec (which did not support the enactment of the Charter but is subject to it nonetheless). The provinces of Saskatchewan and Alberta have also invoked the notwithstanding clause, to end a strike and to protect an exclusively heterosexual definition of marriage,[5] respectively. (Note that Alberta's use of the notwithstanding clause is of no force or effect, since the definition of marriage is federal not provincial jurisdiction.)[6] The territory of Yukon also passed legislation once that invoked the notwithstanding clause, but the legislation was never proclaimed in force.[7]

text: Fundamental freedoms[edit]

text: Democratic rights[edit]

text: Generally, the right to participate in political activities and the right to a democratic form of government are protected:

text: Mobility rights[edit]

text: Legal rights[edit]

text: Rights of people in dealing with the justice system and law enforcement are protected, namely:

text: Equality rights[edit]

text: Language rights[edit]

text: Generally, people have the right to use either the English or French language in communications with Canada's federal government and certain provincial governments. Specifically, the language laws in the Charter include:

text: Minority language education rights[edit]

text: Other sections[edit]

text: Various provisions help to clarify how the Charter works in practice. These include,

text: Finally, Section 34: states that Part I of the Constitution Act, 1982, containing the first 34 sections of the Act, may be collectively referred to as the "Canadian Charter of Rights and Freedoms".

text: History[edit]

text: Many of the rights and freedoms that are protected under the Charter, including the rights to freedom of speech, habeas corpus and the presumption of innocence,[8] have their roots in a set of Canadian laws and legal precedents[9] sometimes known as the Implied Bill of Rights. Many of these rights were also included in the Canadian Bill of Rights, which the Canadian Parliament enacted in 1960. However, the Canadian Bill of Rights had a number of shortcomings. Unlike the Charter, it was an ordinary Act of Parliament, which could be amended by a simple majority of Parliament, and it was applicable only to the federal government. The courts also chose to interpret the Bill of Rights conservatively, only on rare occasions applying it to find a contrary law inoperative. The Bill of Rights did not contain all of the rights that are now included in the Charter, omitting, for instance, the right to vote[10] and freedom of movement within Canada.[11]

text: The centennial of Canadian Confederation in 1967 aroused greater interest within the government in constitutional reform. Said reforms would include improving safeguards of rights, as well as patriation of the Constitution, meaning the British Parliament would no longer have to approve constitutional amendments. Subsequently, Attorney General Pierre Trudeau appointed law professor Barry Strayer to research a potential bill of rights. While writing his report, Strayer consulted with a number of notable legal scholars, including Walter Tarnopolsky. Strayer's report advocated a number of ideas that were later incorporated into the Charter, including protection for language rights. Strayer also advocated excluding economic rights. Finally, he recommended allowing for limits on rights. Such limits are included in the Charter's limitation and notwithstanding clauses.[12] In 1968, Strayer was made the Director of the Constitutional Law Division of the Privy Council Office and in 1974, he became Assistant Deputy Minister of Justice. During those years, Strayer played a role in writing the bill that was ultimately adopted.

text: Meanwhile, Trudeau, who had become Liberal leader and prime minister in 1968, still very much wanted a constitutional bill of rights. The federal government and the provinces discussed creating one during negotiations for patriation, which resulted in the Victoria Charter in 1971. This never came to be implemented. However, Trudeau continued with his efforts to patriate the Constitution, and promised constitutional change during the 1980 Quebec referendum. He would succeed in 1982 with the passage of the Canada Act 1982. This enacted the Constitution Act, 1982.

text: The inclusion of a charter of rights in the Constitution Act was a much-debated issue. Trudeau spoke on television in October 1980,[13] and announced his intention to constitutionalize a bill of rights that would include fundamental freedoms, democratic guarantees, freedom of movement, legal rights, equality and language rights.[14] He did not want a notwithstanding clause. While his proposal gained popular support,[15] provincial leaders opposed the potential limits on their powers. The federal Progressive Conservative opposition feared liberal bias among judges, should courts be called upon to enforce rights.[16] Additionally, the British Parliament cited their right to uphold Canada's old form of government.[17] At a suggestion of the Conservatives, Trudeau's government thus agreed to a committee of Senators and MPs to further examine the bill of rights as well as the patriation plan. During this time, 90 hours were spent on the bill of rights alone, all filmed for television,[15] while civil rights experts and advocacy groups put forward their perceptions on the Charter's flaws and omissions and how to remedy them.[15] As Canada had a parliamentary system of government, and as judges were perceived not to have enforced rights well in the past, it was questioned whether the courts should be named as the enforcers of the Charter, as Trudeau wanted. Conservatives argued that elected politicians should be trusted instead. It was eventually decided that the responsibility should go to the courts. At the urging of civil libertarians, judges could even now exclude evidence in trials if acquired in breach of Charter rights in certain circumstances, something the Charter was not originally going to provide for. As the process continued, more features were added to the Charter, including equality rights for people with disabilities, more sex equality guarantees and recognition of Canada's multiculturalism. The limitations clause was also reworded to focus less on the importance of parliamentary government and more on justifiability of limits in free societies; the latter logic was more in line with rights developments around the world after World War II.[18]

text: In its decision in the Patriation Reference (1981), the Supreme Court of Canada had ruled there was a tradition that some provincial approval should be sought for constitutional reform. As the provinces still had doubts about the Charter's merits, Trudeau was forced to accept the notwithstanding clause to allow governments to opt out of certain obligations. The notwithstanding clause was accepted as part of a deal called the Kitchen Accord, negotiated by the federal Attorney General Jean Chrétien, Ontario's justice minister Roy McMurtry and Saskatchewan's justice minister Roy Romanow. Pressure from provincial governments (which in Canada have jurisdiction over property) and from the country's left wing, especially the New Democratic Party, also prevented Trudeau from including any rights protecting private property.[19]

text: Nevertheless, Quebec did not support the Charter (or the Canada Act 1982), with "conflicting interpretations" as to why. The opposition could have owed to the Parti Québécois leadership being allegedly uncooperative, because it was more committed to gaining sovereignty for Quebec. It could have owed to Quebec leaders being excluded from the negotiation of the Kitchen Accord, which they saw as being too centralist. It could have owed to provincial leaders' objections to the Accord's provisions relating to the process of future constitutional amendment.[20] They also opposed the inclusion of mobility rights and minority language education rights.[21] The Charter is still applicable in Quebec because all provinces are bound by the Constitution. However, Quebec's opposition to the 1982 patriation package has led to two failed attempts to amend the Constitution (the Meech Lake Accord and Charlottetown Accord) which were designed primarily to obtain Quebec's political approval of the Canadian constitutional order.

text: While the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985 that the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review pre-existing statutes and strike potentially unconstitutional inequalities.

text: The typography of the physical document pictured here, and still distributed today, was typeset by Ottawa's David Berman intentionally in Carl Dair's Cartier typeface: at the time the most prominent Canadian typeface, having been commissioned by the Governor-General as a celebration of Canada's centenary in 1967.

text: The Charter has been amended since its enactment. Section 25 was amended in 1983 to explicitly recognize more rights regarding Aboriginal land claims, and section 16.1 was added in 1993. There have also been a number of unsuccessful attempts to amend the Charter, including the failed Charlottetown Accord of 1992. The Charlottetown Accord would have specifically required the Charter to be interpreted in a manner respectful of Quebec's distinct society, and would have added further statements to the Constitution Act, 1867 regarding racial and sexual equality and collective rights, and about minority language communities. Though the Accord was negotiated among many interest groups, the resulting provisions were so vague that Trudeau, then out of office, feared they would actually conflict with and undermine the Charter's individual rights. He felt judicial review of the rights might be undermined if courts had to favour the policies of provincial governments, as governments would be given responsibility over linguistic minorities. Trudeau thus played a prominent role in leading the popular opposition to the Accord.[22]

text: Interpretation and enforcement[edit]

text: The task of interpreting and enforcing the Charter falls to the courts, with the Supreme Court of Canada being the ultimate authority on the matter.

text: With the Charter's supremacy confirmed by section 52 of the Constitution Act, 1982, the courts continued their practice of striking down unconstitutional statutes or parts of statutes as they had with earlier case law regarding federalism. However, under section 24 of the Charter, courts also gained new powers to enforce creative remedies and exclude more evidence in trials. Courts have since made many important decisions, including R. v. Morgentaler (1988), which struck down Canada's abortion law, and Vriend v. Alberta (1998), in which the Supreme Court found the province's exclusion of homosexuals from protection against discrimination violated section 15. In the latter case, the Court then read the protection into the law.

text: Courts may receive Charter questions in a number of ways. Rights claimants could be prosecuted under a criminal law that they argue is unconstitutional. Others may feel government services and policies are not being dispensed in accordance with the Charter, and apply to lower-level courts for injunctions against the government (as was the case in Doucet-Boudreau v. Nova Scotia (Minister of Education)). A government may also raise questions of rights by submitting reference questions to higher-level courts; for example, Prime Minister Paul Martin's government approached the Supreme Court with Charter questions as well as federalism concerns in the case Re Same-Sex Marriage (2004). Provinces may also do this with their superior courts. The government of Prince Edward Island initiated the Provincial Judges Reference by asking its provincial Supreme Court a question on judicial independence under section 11.

text: In several important cases, judges developed various tests and precedents for interpreting specific provisions of the Charter. These include the Oakes test for section 1, set out in the case R. v. Oakes (1986), and the (now defunct[23]) Law test for section 15, developed in Law v. Canada (1999). Since Re B.C. Motor Vehicle Act (1985), various approaches to defining and expanding the scope of fundamental justice (the Canadian name for natural justice or due process) under section 7 have been adopted. (For more information, see the articles on each Charter section).

text: In general, courts have embraced a purposive interpretation of Charter rights.[24] This means that since early cases like Hunter v. Southam (1984) and R. v. Big M Drug Mart (1985), they have concentrated not on the traditional, limited understanding of what each right meant when the Charter was adopted in 1982, but rather on changing the scope of rights as appropriate to fit their broader purpose.[24] This is tied to the generous interpretation of rights, as the purpose of the Charter provisions is assumed to be to increase rights and freedoms of people in a variety of circumstances, at the expense of the government powers.[24] Constitutional scholar Peter Hogg has approved of the generous approach in some cases, although for others he argues the purpose of the provisions was not to achieve a set of rights as broad as courts have imagined.[24] Indeed, this approach has not been without its critics. Alberta politician Ted Morton and political scientist Rainer Knopff have been very critical of this phenomenon. Although they feel the basis for the approach, the living tree doctrine (the classical name for generous interpretations of the Canadian Constitution), is sound, they argue Charter case law has been more radical. When the living tree doctrine is applied right, the authors claim, "The elm remained an elm; it grew new branches but did not transform itself into an oak or a willow." The doctrine can be used, for example, so a right is upheld even when a government threatens to violate it with new technology, as long as the essential right remains the same; but the authors claim that the courts have used the doctrine to "create new rights." As an example, the authors note that the Charter right against self-incrimination has been extended to cover scenarios in the justice system that had previously been unregulated by self-incrimination rights in other Canadian laws.[25]

text: Another general approach to interpreting Charter rights is to consider international legal precedents with countries that have specific rights protections, such as the United States Bill of Rights (an influence on aspects of the Charter) and the Constitution of South Africa. However, international precedent is only of guiding value, and is not binding. For example, the Supreme Court has referred to the Charter and the American Bill of Rights as being "born to different countries in different ages and in different circumstances."[26]

text: Public interest groups frequently intervene in cases to make arguments on how to interpret the Charter. Some examples are the British Columbia Civil Liberties Association, Canadian Civil Liberties Association, the Canadian Mental Health Association, the Canadian Labour Congress, the Women's Legal Education and Action Fund (LEAF), and REAL Women of Canada. The purpose of such interventions is to assist the court and to attempt to influence the court to render a decision favourable to the legal interests of the group.

text: A further approach to the Charter, taken by the courts, is the dialogue principle, which involves greater participation by elected governments. This approach involves governments drafting legislation in response to court rulings and courts acknowledging the effort if the new legislation is challenged.

text: Comparisons with other human rights documents[edit]

text: Some Canadian Members of Parliament saw the movement to entrench a charter as contrary to the British model of Parliamentary supremacy. Others would say that the European Convention on Human Rights (ECHR) has now limited British parliamentary power to a greater degree than the Canadian Charter limited the power of the Canadian Parliament and provincial legislatures. Hogg has speculated that the British adopted the Human Rights Act 1998, which allows the ECHR to be enforced directly in domestic courts, partly because they were inspired by the similar Canadian Charter.[27]

text: The Canadian Charter bears a number of similarities to the European Convention, specifically in relation to the limitations clauses contained in the European document.[28] Because of this similarity with European human rights law, the Supreme Court of Canada turns not only to the Constitution of the United States case law in interpreting the Charter, but also to European Court of Human Rights cases.

text: The core distinction between the United States Bill of Rights and Canadian Charter is the existence of the limitations and notwithstanding clauses. Canadian courts have consequently interpreted each right more expansively.[29] However, due to the limitations clause, where a violation of a right exists, the law will not necessarily grant protection of that right.[29] In contrast, rights under the US Bill of Rights are absolute and so a violation will not be found until there has been sufficient encroachment on those rights. The sum effect is that both constitutions provide comparable protection of many rights.[29] Fundamental justice (in section 7 of the Canadian Charter) is therefore interpreted to include more legal protections than due process, which is its US equivalent. Freedom of expression in section 2 also has a more wide-ranging scope than the First Amendment to the United States Constitution's freedom of speech.[29] In RWDSU v. Dolphin Delivery Ltd. (1986), the Canadian Supreme Court considered picketing of the kind the US First Amendment did not permit, as it was disruptive conduct (though there was some speech involved that the First Amendment might otherwise protect). The Supreme Court, however, ruled the picketing, including the disruptive conduct, were fully protected under section 2 of the Charter. The Court then relied on section 1 to find the injunction against the picketing was just.[30] The limitations clause has also allowed governments to enact laws that would be considered unconstitutional in the US. The Supreme Court of Canada has upheld some of Quebec's limits on the use of English on signs and has upheld publication bans that prohibit media from mentioning the names of juvenile criminals.

text: Section 28 of the Charter performs a function similar to that of the unratified Equal Rights Amendment in the US. While that proposed amendment had many critics, there was no comparable opposition to the Charter's section 28.[31] Still, Canadian feminists had to stage large protests to demonstrate support for the inclusion of the section which had not been part of the original draft of the charter.[32][33]

text: The International Covenant on Civil and Political Rights has several parallels with the Canadian Charter, but in some cases the Covenant goes further with regard to rights in its text. For example, a right to legal aid has been read into section 10 of the Charter (the right to counsel), but the Covenant explicitly guarantees the accused need not pay "if he does not have sufficient means."[34]

text: The Canadian Charter has little to say, explicitly at least, about economic and social rights. On this point, it stands in marked contrast with the Quebec Charter of Human Rights and Freedoms and with the International Covenant on Economic, Social and Cultural Rights. There are some who feel economic rights ought to be read into section 7 rights to security of the person and section 15 equality rights to make the Charter similar to the Covenant.[32] The rationale is that economic rights can relate to a decent standard of living and can help the civil rights flourish in a livable environment.[32] Canadian courts, however, have been hesitant in this area, stating that economic rights are political questions and adding that as positive rights, economic rights are of questionable legitimacy.[32]

text: The Charter itself influenced the Bill of Rights in the Constitution of South Africa.[32] The limitations clause under section 36 of the South African law has been compared to section 1 of that Charter.[28]

text: Jamaica's Charter of Fundamental Rights and Freedoms was also influenced, in part, by the Canadian charter.[35][36]

text: The Charter and national values[edit]

text: The Charter was intended to be a source for Canadian values and national unity. As Professor Alan Cairns noted, "The initial federal government premise was on developing a pan-Canadian identity."[27] Trudeau himself later wrote in his Memoirs that "Canada itself" could now be defined as a "society where all people are equal and where they share some fundamental values based upon freedom", and that all Canadians could identify with the values of liberty and equality.[37]

text: The Charter's unifying purpose was particularly important to the mobility and language rights. According to author Rand Dyck, some scholars believe section 23, with its minority language education rights, "was the only part of the Charter with which Pierre Trudeau was truly concerned".[38] Through the mobility and language rights, French Canadians, who have been at the centre of unity debates, are able to travel throughout all Canada and receive government and educational services in their own language. Hence, they are not confined to Quebec (the only province where they form the majority and where most of their population is based), which would polarize the country along regional lines. The Charter was also supposed to standardize previously diverse laws throughout the country and gear them towards a single principle of liberty.[39]

text: Former premier of Ontario Bob Rae has stated that the Charter "functions as a symbol for all Canadians" in practice because it represents the core value of freedom.[27] Academic Peter Russell has been more skeptical of the Charter's value in this field. Cairns, who feels the Charter is the most important constitutional document to many Canadians, and that the Charter was meant to shape the Canadian identity, has also expressed concern that groups within society see certain provisions as belonging to them alone rather than to all Canadians.[27] It has also been noted that issues like abortion and pornography, raised by the Charter, tend to be controversial.[39] Still, opinion polls in 2002 showed Canadians felt the Charter significantly represented Canada, although many were unaware of the document's actual contents.[40]

text: The only values mentioned by the Charter's preamble are recognition for the supremacy of God and the rule of law, but these have been controversial and of minor legal consequence. In 1999, MP Svend Robinson brought forward a failed proposal before the Canadian House of Commons that would have amended the Charter by removing the mention of God, as he felt it did not reflect Canada's diversity.

text: Section 27 also recognizes a value of multiculturalism. In 2002, polls found 86% of Canadians approved of this section.[41]

text: Criticism[edit]

text: While the Charter has enjoyed a great deal of popularity, with 82% of Canadians describing it as a good thing in opinion polls in 1987 and 1999,[27] the document has also been subject to published criticisms from both sides of the political spectrum. One left-wing critic is Professor Michael Mandel, who wrote that in comparison to politicians, judges do not have to be as sensitive to the will of the electorate, nor do they have to make sure their decisions are easily understandable to the average Canadian citizen. This, in Mandel's view, limits democracy.[42] Mandel has also asserted that the Charter makes Canada more like the United States, especially by serving corporate rights and individual rights rather than group rights and social rights.[42] He has argued that there are several things that should be included in the Charter, such as a right to health care and a basic right to free education. Hence, the perceived Americanization of Canadian politics is seen as coming at the expense of values more important for Canadians.[42] The union movement has been disappointed in the reluctance of the courts to use the Charter to support various forms of union activity, such as the "right to strike".

text: Right-wing critics Morton and Knopff have raised several concerns about the Charter, notably by alleging that the federal government has used it to limit provincial powers by allying with various rights claimants and interest groups. In their book The Charter Revolution & the Court Party, Morton and Knopff express their suspicions of this alliance in detail, accusing the Trudeau and Chrétien governments of funding litigious groups. For example, these governments used the Court Challenges Program to support minority language educational rights claims. Morton and Knopff also assert that crown counsel has intentionally lost cases in which the government was taken to court for allegedly violating rights, particularly gay rights and women's rights.[43]

text: Political scientist Rand Dyck, in observing these criticisms, notes that while judges have had their scope of review widened, they have still upheld most laws challenged on Charter grounds. With regard to litigious interest groups, Dyck points out that "the record is not as clear as Morton and Knopff imply. All such groups have experienced wins and losses."[44]

text: The political philosopher Charles Blattberg has criticized the Charter for contributing to the fragmentation of the country, at both the individual and group levels. In encouraging discourse based upon rights, the Charter is said to inject an adversarial spirit into Canadian politics, making it difficult to realize the common good. Blattberg also claims that the Charter undercuts the Canadian political community since it is ultimately a cosmopolitan document. Finally, he argues that people would be more motivated to uphold individual liberties if they were expressed with terms that are much "thicker" (less abstract) than rights.[45]


document_title: Shaun White

question_text: how okd was sean white in his first olympics

root

text: Shaun White

text: Early life

text: White was born in San Diego, California. His ancestry includes Irish and Italian.[1][2] He was born with a Tetralogy of Fallot, a congenital heart defect for which he endured two open-heart operations before the age of one.[3] White spent his formative years riding Okemo Mountain and Bear Mountain, small ski resorts found in Ludlow, Vermont, and the San Bernardino Mountains of Southern California.

tag: p

text: Career

text: White quickly drew the eyes of many in the skateboarder scene, including professional skateboarder Tony Hawk. Hawk befriended the nine-year-old White at a local skatepark and mentored him, helping him turn pro in skateboarding at the age of 17. White has won many titles on his skateboard, including the overall title of Action Sports Tour Champion, and was the first person to compete in and win both the Summer and Winter X Games in two different sports.

text: Snowboarding career

text: Following in his older brother Jesse White's[4] footsteps, White switched from skiing to snowboarding at age six, and by age seven he received his first sponsorship. White has participated in four Winter Olympics in his career. At the 2006, 2010, and 2018 Winter Olympics, White won gold in the snowboard halfpipe event. White has also participated in the Winter X Games, where he has won a medal every year since 2002. Including all winter X Games competitions through 2013, his medal count stands at 18 (13 gold, 3 silver, 2 bronze), among which is the first quadruple win streak by a male athlete in one discipline, the snowboard slopestyle. White's streak was snapped in 2007 when he lost to Andreas Wiig and Teddy Flandreau, with White taking the bronze. He won the Air & Style Contest in 2003 and 2004.

text: 2006 Winter Olympics

text: At the 2006 Winter Olympics, White won gold in the half-pipe.[5] After his first run in qualifications, White was almost out of competition, scoring only 37.7. On his second run, he recorded a score of 45.3. In the finals, White recorded a score of 46.8 (50 is the highest possible score) to win. Fellow American Danny Kass won the silver with a points total of 44.0.[6]

text: Executing a near-flawless second run, White captured his third consecutive snowboard halfpipe title at the 2008 U.S. Open Snowboarding Championships to go along with his third US Open slopestyle competition. This followed White's win at the 25th (2007) Burton US Open, where he placed third in slopestlyle and first in the halfpipe. At the 2007 Open, White was also crowned the first "Burton Global Open Champion". His take for the event was $100,000 (Global Open Champ), $20,000 (1st Place Halfpipe), $90,000 (3rd Place Slopestyle), and a new Corvette.

text: On November 16, 2008, White released his first video game Shaun White Snowboarding in North America (November 14, 2008, in Europe). Shaun White Snowboarding was the 20th best-selling game of December 2008 in the United States.[citation needed]

text: There was a lot of controversy over who won the 2009 SuperPipe at Winter X Games XIII[citation needed]. Kevin Pearce had 5 hits in the pipe, and all were the same tricks White did in his final run. White, on the other hand, had 6 hits and he started off his run with a big backside rodeo 540 where Pearce started his run off with a big grab. Although Pearce went bigger, he had only 5 hits, and his first hit wasn't as technical as White's first hit.[citation needed] Judges came to the conclusion that White deserved the better score because he started off with a more technical trick and he had 1 more hit than Pearce.[citation needed] With the win, White became the second competitor, after Tanner Hall, to win a gold medal in the superpipe in consecutive years at the Winter X Games. He also won a gold medal in Slopestyle, finally winning gold after 2 straight years of bronze.

text: On February 14, 2009, White won the FIS World Cup Men's Halfpipe event at Vancouver's Cypress Mountain. Out of the gate in his first qualifying run, he qualified immediately with the day's best score of 45.5. With a thumb sprained on an over-rotated backside 1080 in the second qualifying run, he clinched the event with the first of his two runs in the finals. His first finals run was awarded the highest score ever in FIS halfpipe, a 47.3.

text: 2010 Winter Olympics

text: At the 2010 Winter Olympics in Vancouver, White again won gold in the halfpipe.[7] In the finals, White recorded a score of 46.8 on his first run, which proved a high enough score to secure the gold medal without a second run. He performed his second run anyway, as a victory lap, ending his run with a well-anticipated Double McTwist 1260 which he named The Tomahawk.[8] This second run resulted in a record score of 48.4 (50 is the highest possible score) enlarging his margin of victory. His nearest competitor won the silver with a points total of 45.0, 3.4 behind White.[9]

text: After a sub-par performance in the Slopestyle, failing to reach the finals, White "redeemed" himself in the Superpipe. With an 89, he sat in second place going into his 2nd of three runs. He completed the run, landing his infamous Double McTwist 1260 and finishing with a score of 97.33 to take the lead and claim the historical 4th straight Gold in the Winter X Games, held in Aspen Colorado. The score tied an X Games record which was set by White one year before. His 3rd run was a simple victory run featuring mostly straight air.[10]

text: At Winter X, White became the first person in the history of Winter X Games to score a perfect 100 in the men's Snowboard Superpipe.

text: White won his 6th consecutive SuperPipe victory, making him the second participant ever to achieve this, with SnoCross racer Tucker Hibbert achieving his 6th consecutive victory earlier in the same day.[11]

text: In December 2013, he won the third place in the Pipe & Slope contest at the FIS Snowboard World Cup in Copper Mountain, Colorado.[12]

text: 2014 Winter Olympics

text: White finished fourth at the 2014 Winter Olympics in the Halfpipe event.

text: During the winter games, he was the most talked-about Olympic athlete on Facebook.[13]

text: 2018 Winter Olympics

text: While in New Zealand, training for the 2018 Winter Olympics, White crashed into the edge of a superpipe; the resulting injuries to his face required 62 stitches.[14][15] Despite the accident, White qualified for the 2018 US Olympic Team.[16] On February 14, he won his third Olympic gold medal for the Men's Halfpipe event with a score of 97.75, with Ayumu Hirano of Japan taking the silver medal and Scott James of Australia taking the bronze. White was trailing Hirano by one full point coming into his last run with a score of 94.25. Despite this, White dramatically won the gold medal with back-to-back 1440s.[17] His gold medal was also the 100th for the United States at the Winter Olympic Games.[18]

text: Athletic achievements

text:
White was the first to compete and medal in both the Summer and Winter X Games.
White is the first snowboarder ever to land back to back double corks, at the Red Bull superpipe.
He remains the only skater to land the frontside heelflip 540 body varial. (The Armadillo).[19]
He was the first to land a Cab 7 Melon Grab in vert skateboarding.[20]
He is the first snowboarder to win back-to-back gold medals in the Winter X-Games Superpipe.
He is also the first athlete ever (on snowboard or skis) to win gold medals four years in a row in the Winter X-Games Superpipe.
He is the first (and only) person to win both a Summer and Winter Dew Cup.[21]
White was the first to "three-peat" in SuperPipe at the Winter X Games.
Shaun White holds the record for the highest score in the men's halfpipe at the Winter Olympics. In 2018, he scored 97.75 on his last run.

tag: ul

text: Non-competition awards and accolades

text:
White was named the "Chairman of the Board" on the Spike TV Guys' Choice Awards on June 13, 2007 and again on June 19, 2010.[22]
In the March 2009 issue of Snowboarder Magazine, he was named the ninth-best snowboarder in the World.[23]
He won the Revolver Golden Gods Award for "Most Metal Athlete".
White has been named Transworld Snowboarding's Rider Of The Year twice.[24]

text: Endorsements

text: White has had a sponsor since he was seven years old. White signed CAA Sports for representation after working with IMG for eight years.[25] Corporate endorsement deals include or have included Burton Snowboards, Oakley, Inc., Birdhouse Skateboards, Park City Mountain Resort, Target Corporation, Red Bull, Ubisoft, Adio and Hewlett-Packard. White also has his own character on the game Shaun Palmer's Pro Snowboarder as well as the video games Shaun White Snowboarding and Shaun White Skateboarding. In 2009, Forbes magazine estimated that he had earned $9 million from his endorsements in 2008.[26]

text: Acting career

text: White has made cameo appearance as himself in the 2011 film Friends with Benefits, the 2013 episode "Da Flippity Flop" of the animated TV series American Dad!, and the 2014 Disney Channel Original Movie Cloud 9.

text: In a 2007 interview with Outside magazine, White stated that he had turned down numerous film roles in which "the first lines [for his character] are always "What up, brah?'".[27]

text: Music career

text: White plays guitar in the electronic rock band Bad Things, which also features former Augustana bassist Jared Palomar.[28] The band played in one of the four Saturday headlining slots at the 2013 Lollapalooza festival, as a last-minute replacement for Death Grips.[28] Their self-titled debut album was released in January 2014.

text: In October 2013, White appeared in the music video for "City of Angels" by Thirty Seconds to Mars.[29]

text: Media appearances

text:
He had his first published interview in TransWorld SNOWboarding Magazine in 2003.[30]
White starred in the 2004 documentary The White Album and the 2005 snowboarding documentary First Descent.
In 2007, White appeared on the E! reality TV show The Girls Next Door as a snowboarding teacher for Holly Madison, Bridget Marquardt and Kendra Wilkinson.[31]
White was one of the few pro snowboarders to be a guest editor of Snowboarder Magazine (February 2008 issue).[32]
Shaun White has appeared in several video games and even had his own franchise

He appeared in Shaun Palmer's Pro Snowboarder in 2001
Shaun White Snowboarding was released in 2008
A sequel, Shaun White Snowboarding: World Stage, was released in 2009
A skateboarding game, Shaun White Skateboarding, was released in 2010

A film, Don't Look Down, has been released on DVD and ESPN. The film tracks his journey through the year following his Olympic success.[33]
White was on the cover of The Complete Book of the Winter Olympics: 2010 Edition.[34]
White appeared as a guest on The Tonight Show with Jay Leno on March 2, 2010, recounting the story of how his mother had his first Olympic gold medal dry cleaned.[35]
White appeared on the January 16, 2011 episode of Extreme Makeover: Home Edition to help redesign a room for an eight-year-old boy.[36]
White appeared in the Nickelodeon Tv Series Henry Danger in 2018 in the episode Toon in for Danger. In the episode White and Captain Man were struggling for a seat while Watching the premiere of The Adventures of Kid Danger.

text: Personal life

text: White has had the longstanding nickname "The Flying Tomato", due to his shock of red hair. In 2006, Rolling Stone wrote about the nickname, saying, "he used to embrace it, even wearing headbands with a flying-tomato logo, but he has grown tired of it." He has also been nicknamed "animal", a reference to a character from The Muppet Show.[37][38]

text: In February 2009, Red Bull built White a halfpipe completely out of natural snow in the back country of Colorado on the backside of Silverton Mountain, coordinates (37.838801,-107.710299).

text: On September 17, 2012, White was arrested near a hotel in Nashville for public intoxication and vandalism after attending the wedding party of the drummer of The Black Keys, Patrick Carney.[39]

text: His girlfriend is Sarah Barthel of the band Phantogram.[40] White has been dating Barthel since 2013.[41]

text: In 2016, Bad Things drummer Lena Zawaideh brought a lawsuit against White, claiming sexual harassment and breach of contract.[42] White and Zawaideh reached an out-of-court settlement in May 2017; the terms of the settlement were not disclosed.[43] At a press conference following White's win at the 2018 Winter Olympics, he was asked if he was concerned that the lawsuit and settlement would tarnish his image. In replying, he referred to the incident as gossip, a response that created widespread condemnation of White for minimizing sexual harassment. White later apologized for his choice of words.[44][45]


document_title: We Shall Overcome

question_text: who validated the civil rights movement by proclaiming we shall overcome

text: We Shall Overcome

text: Origins as a gospel, folk, and labor song[edit]

text: "I'll Overcome Some Day" was a hymn or gospel music composition by the Reverend Charles Albert Tindley of Philadelphia that was first published in 1900.[4] A noted minister of the Methodist Episcopal Church, Tindley was the author of approximately 50 gospel hymns, of which "We'll Understand It By and By" and "Stand By Me" are among the best known. The published text bore the epigraph, "Ye shall overcome if ye faint not", derived from Galatians 6:9: "And let us not be weary in doing good, for in due season we shall reap, if we faint not." The first stanza began:

text: The world is one great battlefield, With forces all arrayed; If in my heart I do not yield, I'll overcome some day.

text: Tindley's songs were written in an idiom rooted in African American folk traditions, using pentatonic intervals, with ample space allowed for improvised interpolation, the addition of "blue" thirds and sevenths, and frequently featuring short refrains in which the congregation could join.[5] Tindley's importance, however, was primarily as a lyricist and poet whose words spoke directly to the feelings of his audiences, many of whom had been freed from slavery only 36 years before he first published his songs, and were often impoverished, illiterate, and newly arrived in the North.[6] "Even today," wrote musicologist Horace Boyer in 1983, "ministers quote his texts in the midst of their sermons as if they were poems, as indeed they are."[7]

text: A letter printed on the front page of the February 1909, United Mine Workers Journal states: "Last year at a strike, we opened every meeting with a prayer, and singing that good old song, 'We Will Overcome'." This statement implied that the song was well-known, and it was also the first acknowledgement of such a song having been sung in both a secular context and a mixed-race setting.[8][9][10]

text: Tindley's "I'll Overcome Some Day" was believed to have influenced the structure for "We Shall Overcome",[8] with both the text and the melody having undergone a process of alteration. The tune has been changed so that it now echoes the opening and closing melody of "No More Auction Block For Me",[11] also known from its refrain as "Many Thousands Gone".[12] This was number 35 in Thomas Wentworth Higginson's collection of Negro Spirituals that appeared in the Atlantic Monthly of June 1867, with a comment by Higginson reflecting on how such songs were composed (i.e., whether the work of a single author or through what used to be called "communal composition"):

text: Even of this last composition, however, we have only the approximate date and know nothing of the mode of composition. Allan Ramsay says of the Scots Songs, that, no matter who made them, they were soon attributed to the minister of the parish whence they sprang. And I always wondered, about these, whether they had always a conscious and definite origin in some leading mind, or whether they grew by gradual accretion, in an almost unconscious way. On this point I could get no information, though I asked many questions, until at last, one day when I was being rowed across from Beaufort to Ladies' Island, I found myself, with delight, on the actual trail of a song. One of the oarsmen, a brisk young fellow, not a soldier, on being asked for his theory of the matter, dropped out a coy confession. "Some good spirituals," he said, "are start jess out o' curiosity. I been a-raise a sing, myself, once."

text: My dream was fulfilled, and I had traced out, not the poem alone, but the poet. I implored him to proceed. "Once we boys," he said, "went for to tote some rice, and de nigger-driver, he keep a-callin' on us; and I say, 'O, de ole nigger-driver!' Den another said, 'First thing my mammy told me was, notin' so bad as a nigger-driver.' Den I made a sing, just puttin' a word, and den another word." Then he began singing, and the men, after listening a moment, joined in the chorus as if it were an old acquaintance, though they evidently had never heard it before. I saw how easily a new "sing" took root among them.[13]

text: Coincidentally, Bob Dylan claims that he used the very same melodic motif from "No More Auction Block" for his composition, "Blowin' in the Wind".[14] Thus similarities of melodic and rhythmic patterns imparted cultural and emotional resonance ("the same feeling") towards three different, and historically very significant songs.

text: Music scholars have also pointed out that the first half of "We Shall Overcome" bears a notable resemblance to the famous lay Catholic hymn "O Sanctissima", also known as "The Sicilian Mariners Hymn", first published by a London magazine in 1792 and then by an American magazine in 1794 and widely circulated in American hymnals.[15][16][17][18][19] The second half of "We Shall Overcome" is essentially the same music as the 19th-century hymn "I'll Be All Right"[20] and it bears a close resemblance to the aria Caro Mio Ben, attributed to Neapolitan composer Tommaso Giordani or Giuseppe Giordani; this is another late 18th-century Italian song that became a staple of 19th-century singers.[21] As Victor Bobetsky summarized in his 2015 book on the subject: "'We Shall Overcome' owes its existence to many ancestors and to the constant change and adaptation that is typical of the folk music process."[15]

text: Role of the Highlander Folk School[edit]

text: In October 1945 in Charleston, South Carolina, members of the Food, Tobacco, Agricultural, and Allied Workers union (FTA-CIO), who were mostly female and African American, began a five-month strike against the American Tobacco Company. To keep up their spirits during the cold, wet winter of 1945–1946, one of the strikers, a woman named Lucille Simmons, led a slow "long meter style" version of the gospel hymn, "We'll Overcome (I'll Be All Right)" to end each day's picketing. Union organizer Zilphia Horton, who was the wife of the co-founder of the Highlander Folk School (later Highlander Research and Education Center), said she learned it from Simmons. Horton was Highlander's music director during 1935–1956, and it became her custom to end group meetings each evening by leading this, her favorite song. During the presidential campaign of Henry A. Wallace, "We Will Overcome" was printed in Bulletin No. 3 (September 1948), 8, of People's Songs, with an introduction by Horton saying that she had learned it from the interracial FTA-CIO workers and had found it to be extremely powerful. Pete Seeger, a founding member of People's Songs and its director for three years, learned it from Horton's version in 1947.[22] Seeger writes: "I changed it to 'We shall'... I think I liked a more open sound; 'We will' has alliteration to it, but 'We shall' opens the mouth wider; the 'i' in 'will' is not an easy vowel to sing well [...]."[3] Seeger also added some verses ("We'll walk hand in hand" and "The whole wide world around").

text: In 1950, the CIO's Department of Education and Research released the album, Eight New Songs for Labor, sung by Joe Glazer ("Labor's Troubador"), and the Elm City Four. (Songs on the album were: "I Ain't No Stranger Now," "Too Old to Work," "That's All," "Humblin' Back," "Shine on Me," "Great Day," "The Mill Was Made of Marble," and "We Will Overcome".) During a Southern CIO drive, Glazer taught the song to country singer Texas Bill Strength, who cut a version that was later picked up by 4-Star Records.[23]

text: The song made its first recorded appearance as "We Shall Overcome" (rather than "We Will Overcome") in 1952 on a disc recorded by Laura Duncan (soloist) and The Jewish Young Singers (chorus), conducted by Robert De Cormier, co-produced by Ernie Lieberman and Irwin Silber on Hootenany Records (Hoot 104-A) (Folkways, FN 2513, BCD15720), where it is identified as a Negro Spiritual.

text: Frank Hamilton, a folk singer from California who was a member of People's Songs and later The Weavers, picked up Seeger's version. Hamilton's friend and traveling companion, fellow-Californian Guy Carawan, learned the song from Hamilton. Carawan and Hamilton, accompanied by Ramblin Jack Elliot, visited Highlander in the early 1950s where they also would have heard Zilphia Horton sing the song. In 1957, Seeger sang for a Highlander audience that included Dr. Martin Luther King Jr., who remarked on the way to his next stop, in Kentucky, about how much the song had stuck with him. When, in 1959, Guy Carawan succeeded Horton as music director at Highlander, he reintroduced it at the school. It was the young (many of them teenagers) student-activists at Highlander, however, who gave the song the words and rhythms for which it is currently known, when they sang it to keep their spirits up during the frightening police raids on Highlander and their subsequent stays in jail in 1959–1960. Because of this, Carawan has been reluctant to claim credit for the song's widespread popularity. In the PBS video We Shall Overcome, Julian Bond credits Carawan with teaching and singing the song at the founding meeting of the Student Nonviolent Coordinating Committee in Raleigh, North Carolina, in 1960. From there, it spread orally and became an anthem of Southern African American labor union and civil rights activism.[24] Seeger has also publicly, in concert, credited Carawan with the primary role of teaching and popularizing the song within the Civil Rights Movement.

text: Use in the 1960s civil rights and other protest movements[edit]

text: In August 1963, 22-year old folksinger Joan Baez, led a crowd of 300,000 in singing "We Shall Overcome" at the Lincoln Memorial during A. Philip Randolph's March on Washington. President Lyndon Johnson, himself a Southerner, used the phrase "we shall overcome" in addressing Congress on March 15, 1965,[25] in a speech delivered after the violent, "Bloody Sunday" attacks on civil rights demonstrators during the Selma to Montgomery marches, thus legitimizing the protest movement.

text: Dr. Martin Luther King, Jr. recited the words from "We Shall Overcome" in his final sermon delivered in Memphis on Sunday, March 31, 1968, before his assassination.[26] He had done so in a similar sermon delivered in 1965 before an interfaith congregation at Temple Israel in Hollywood, California:[27]

text: We shall overcome. We shall overcome. Deep in my heart I do believe we shall overcome. And I believe it because somehow the arc of the moral universe is long, but it bends towards justice. We shall overcome because Carlyle is right; "no lie can live forever". We shall overcome because William Cullen Bryant is right; "truth crushed to earth will rise again". We shall overcome because James Russell Lowell is right:.

text: Truth forever on the scaffold, Wrong forever on the throne. Yet that scaffold sways the future, And behind the then unknown Standeth God within the shadow, Keeping watch above his own.

text: With this faith, we will be able to hew out of the mountain of despair a stone of hope. With this faith, we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith, we will be able to speed up the day. And in the words of prophecy, every valley shall be exalted. And every mountain and hill shall be made low. The rough places will be made plain and the crooked places straight. And the glory of the Lord shall be revealed and all flesh shall see it together. This will be a great day. This will be a marvelous hour. And at that moment—figuratively speaking in biblical words—the morning stars will sing together and the sons of God will shout for joy[28]

text: "We Shall Overcome" was sung days later by over fifty thousand attendees at Dr. King's funeral.[29]

text: Farmworkers in the United States later sang the song in Spanish during the strikes and grape boycotts of the late 1960s.[30] The song was notably sung by the U.S. Senator for New York Robert F. Kennedy, when he led anti-Apartheid crowds in choruses from the rooftop of his car while touring South Africa in 1966.[31] It was also the song which Abie Nathan chose to broadcast as the anthem of the Voice of Peace radio station on October 1, 1993, and as a result it found its way back to South Africa in the later years of the Anti-Apartheid Movement.[32]

text: The Northern Ireland Civil Rights Association adopted "we shall overcome" as a slogan and used it in the title of its retrospective publication, We Shall Overcome – The History of the Struggle for Civil Rights in Northern Ireland 1968–1978.[33][34] The film Bloody Sunday depicts march leader and MP Ivan Cooper leading the song shortly before 1972's Bloody Sunday shootings. In 1997, the Christian men's ministry, Promise Keepers featured the song on its worship CD for that year: The Making of a Godly Man, featuring worship leader Donn Thomas and the Maranatha! Promise Band. Bruce Springsteen's re-interpretation of the song was included on the 1998 tribute album Where Have All the Flowers Gone: The Songs of Pete Seeger as well as on Springsteen's 2006 album We Shall Overcome: The Seeger Sessions.

text: Widespread adaptation[edit]

text: "We Shall Overcome" was adopted by various labor, nationalist, and political movements both during and after the Cold War. In his memoir about his years teaching English in Czechoslovakia after the Velvet Revolution, Mark Allen wrote:

text:
“
In Prague in 1989, during the intense weeks of the Velvet Revolution, hundreds of thousands of people sang this haunting music in unison in Wenceslas Square, both in English and in Czech, with special emphasis on the phrase 'I do believe.' This song's message of hope gave protesters strength to carry on until the powers-that-be themselves finally gave up hope themselves.
In the Prague of 1964, Seeger was stunned to find himself being whistled and booed by crowds of Czechs when he spoke out against the Vietnam War. But those same crowds had loved and adopted his rendition of 'We Shall Overcome.' History is full of such ironies – if only you are willing to see them.

”

— 'Prague Symphony', Praha Publishing, 2008[citation needed]

tag: table

text: The melody was also used (crediting it to Tindley) in a symphony by American composer William Rowland.[citation needed] In 1999, National Public Radio included "We Shall Overcome" on the "NPR 100" list of most important American songs of the 20th century.[35] As a reference to the line, on January 20, 2009, after the inauguration of Barack Obama as the 44th President of the United States, a man holding the banner, "WE HAVE OVERCOME" was seen near the Capitol, a day after hundreds of people posed with the sign on Martin Luther King Jr. day.[36]

text: As the attempted serial killer "Lasermannen" shot several immigrants around Stockholm in 1992, Prime Minister Carl Bildt and Immigration Minister Birgit Friggebo attended a meeting in Rinkeby. As the audience became upset, Friggebo tried to calm them down by proposing that everyone sing "We Shall Overcome." This statement is widely regarded as one of the most embarrassing moments in Swedish politics. In 2008, the newspaper Svenska Dagbladet listed the Sveriges Television recording of the event as the best political clip available on YouTube.[37]

text: On June 7, 2010, Roger Waters of Pink Floyd fame, released a new version of the song as a protest against the Israeli blockade of Gaza.[38]

text: On July 22, 2012, Bruce Springsteen performed the song during the memorial-concert in Oslo after the terrorist attacks in Norway on July 22, 2011.

text: In India, the renowned poet Girija Kumar Mathur composed its literal translation in Hindi "Hum Honge Kaamyab (हम होगें कामयाब)" which became a popular patriotic/spiritual song during the 1970s and 80s, particularly in schools.[39]

text: In Bengali-speaking India and Bangladesh, there are two versions, both of which are popular among school-children and political activists. "Amra Korbo Joy" (আমরা করবো জয়, a literal translation) was translated by the Bengali folk singer Hemanga Biswas and re-recorded by Bhupen Hazarika. Another version, translated by Shibdas Bandyopadhyay, "Ek Din Shurjer Vor" (এক দিন সূর্যের ভোর, literally translated as "One Day The Sun Will Rise") was recorded by the Calcutta Youth Choir and arranged by Ruma Guha Thakurta during the 1971 Bangladesh War of Independence and it became one of the largest selling Bengali records. It was a favorite of Bangladeshi Prime Minister Sheikh Mujibur Rahman and it was regularly sung at public events after Bangladesh gained its independence in the early 1970s.[citation needed]

text: In the Indian State of Kerala, the traditional Communist stronghold, the song became popular on college campuses during the late 1970s. It was the struggle song of the Students Federation of India SFI, the largest student organisation in the country. The song translated to the regional language Malayalam by N. P. Chandrasekharan, an activist for SFI. The translation followed the same tune of the original song, as "Nammal Vijayikkum". Later it was also published in Student, the monthly of SFI in Malayalam as well as in Sarvadesheeya Ganangal (Mythri Books, Thiruvananthapuram), a translation of international struggle songs.

text: "We Shall Overcome" was a prominent song in the 2010 Bollywood film My Name is Khan, which compared the struggle of Muslims in modern America with the struggles of African Americans in the past. The song was sung in both English and Urdu in the film, which starred Shahrukh Khan.

text: Copyright status[edit]

text: The copyright status of "We Shall Overcome" was disputed in the late-2010s. A copyright registration was made for the song in 1960, which is credited as an arrangement by Zilphia Horton, Guy Carawan, Frank Hamilton, and Pete Seeger, of a work entitled "I'll Overcome", with no known original author.[8] Horton's heirs, Carawan, Hamilton, and Seeger share the artists' half of the rights, and The Richmond Organization (TRO), which includes Ludlow Music, Essex, Folkways Music, and Hollis Music, holds the publishers' rights, to 50% of the royalty earnings. Seeger explained that he registered the copyright under the advice of TRO, who showed concern that someone else could register it. "At that time we didn't know Lucille Simmons' name", Seeger said.[40] Their royalties go to the "We Shall Overcome" Fund, administered by Highlander under the trusteeship of the "writers". Such funds are purportedly used to give small grants for cultural expression involving African Americans organizing in the U.S. South.[41]

text: In April 2016, the We Shall Overcome Foundation (WSOF), led by music producer Isaias Gamboa, sued TRO and Ludlow, seeking to have the copyright status of the song clarified and the return of all royalties collected by the companies from its usage. The WSOF, which was working on a documentary about the song and its history, were denied permission to use the song by TRO-Ludlow. The filing argued that TRO-Ludlow's copyright claims were invalid because the registered copyright had not been renewed as required by United States copyright law at the time; because of this, the copyright of the 1948 People's Songs publication containing "We Will Overcome" had expired in 1976. Additionally, it was argued that the registered copyrights only covered specific arrangements of the tune and "obscure alternate verses", that the registered works "did not contain original works of authorship, except to the extent of the arrangements themselves", and that no record of a work entitled "I'll Overcome" existed in the database of the United States Copyright Office.[8]

text: The suit acknowledged that Seeger himself had not claimed to be an author of the song, stating of the song in his autobiography, "No one is certain who changed 'will' to 'shall.' It could have been me with my Harvard education. But Septima Clarke, a Charleston schoolteacher (who was director of education at Highlander and after the Civil Rights Movement was elected year after year to the Charleston, S.C. Board of Education) always preferred 'shall.' It sings better." He also reaffirmed that the decision to copyright the song was a defensive measure, with his publisher apparently warning him that "if you don't copyright this now, some Hollywood types will have a version out next year like 'Come on Baby, We shall overcome tonight'". Furthermore, the liner notes of Seeger's compilation album If I Had a Hammer: Songs of Hope & Struggle contained a summary on the purported history of the song, stating that "We Shall Overcome" was "probably adapted from the 19th-century hymn, 'I'll Be All Right'", and that "I'll Overcome Some Day" was a "possible source" and may have originally been adapted from "I'll Be All Right".[42]

text: Gamboa has historically shown interest in investigating the origins of "We Shall Overcome";[8] in a book entitled We Shall Overcome: Sacred Song On The Devil's Tongue, he notably disputed the song's claimed origins and copyright registration with an alternate theory, suggesting that "We Shall Overcome" was actually derived from "If My Jesus Wills", a hymn by Louise Shropshire that had been composed in the 1930s and had its copyright registered in 1954.[43][44] The WSOF lawsuit did not invoke this alternate history, focusing instead on the original belief that the song stemmed from "We Will Overcome".[8][42] The lawyer backing Gamboa's suit, Mark C. Rifkin, was previously involved in a case that invalidated copyright claims over the song "Happy Birthday to You".[45]

text: On September 8, 2017, Judge Denise Cote of the Southern District of New York issued an opinion that there were insufficient differences between the first verse of the "We Shall Overcome" lyrics registered by TRO-Ludlow, and the "We Will Overcome" lyrics from People's Songs (specifically, the aforementioned replacement of "will" with "shall", and changing "down in my heart" to "deep in my heart") for it to qualify as a distinct derivative work eligible for its own copyright.[46][47]

text: On January 26, 2018, TRO-Ludlow agreed to a final settlement, under which it would accept the district court's opinion that it did not own a valid copyright to the melody and first verse of "We Shall Overcome", and that it would no longer assert any of its copyright claims to the remaining verses of the song.[48][49]


document_title: March of the Penguins

question_text: region of antarctica where march of the penguins filmed

text: March of the Penguins

text: Subject matter[edit]

text: The emperor penguins use a particular spot as their breeding ground because it is on ice that is solid year round and no danger of the ice becoming too soft to support the colony exists. At the end of Antarctic summer, the breeding ground is only a few hundred meters away from the open water where the penguins can feed. However, by the end of winter, the breeding ground is over 100 kilometres (62 mi) away from the nearest open water. To reach it, all the penguins of breeding age must traverse this great distance.

text: The penguins practice serial monogamy within each breeding season. The female lays a single egg, and the co-operation of the parents is needed if the chick is to survive. After the female lays the egg, she transfers it to the feet of the waiting male with minimal exposure to the elements, as the intense cold could kill the developing embryo. The male tends to the egg when the female returns to the sea, now even farther away, both to feed herself and to obtain extra food for feeding her chick when she returns. She has not eaten in two months and by the time she leaves the hatching area, she will have lost a third of her body weight.

text: For an additional two months, the males huddle together for warmth, and incubate their eggs. They endure temperatures approaching −62 °C (−80 °F), and their only source of water is snow that falls on the breeding ground. When the chicks hatch, the males have only a small meal to feed them, and if the female does not return, they must abandon their chick and return to the sea to feed themselves. By the time they return, they have lost half their weight and have not eaten for four months. The chicks are also at risk from predatory birds such as northern giant petrels.[6]

text: The mother penguins come back and feed their young, while the male penguins go all the way back to sea (70 miles) to feed themselves. This gives the mothers time to feed their young ones and bond with them. Unfortunately, a fierce storm arrives and some of the chicks perish.

text: The death of a chick is tragic, but it does allow the parents to return to the sea to feed for the rest of the breeding season. When a mother penguin loses its young in a fierce storm, it sometimes attempts to steal another mother's chick. At times, the young are abandoned by one parent, and they must rely on the return of the other parent, which can recognize the chick only from its unique call. Many parents die on the trip, killed by exhaustion or by predators (such as the leopard seal), dooming their chicks back at the breeding ground.

text: The ingenious fight against starvation is a recurring theme throughout the documentary. In one scene, near-starving chicks are shown taking sustenance out of their father's throat sacs, 11th-hour nourishment in the form of a milky, protein-rich substance secreted from a sac in the father's throat to feed their chicks in the event that circumstances require.

text: The parents must then tend to the chick for an additional four months, shuttling back and forth to the sea to provide food for their young. As spring progresses, the trip gets progressively easier as the ice melts and the distance to the sea decreases, until finally the parents can leave the chicks to fend for themselves.

text: International versions[edit]

text: The style of the documentary differs considerably between the original French version and some of the international versions.

text: The original French-language release features a first-person narrative as if the story is being told by the penguins themselves. The narration alternates between a female (Romane Bohringer) and a male (Charles Berling) narrator speaking the alternate roles of the female and male penguin, and as the chicks are born, their narration is handled by child actor Jules Sitruk. This style is mimicked in some of the international versions. For example, in the Hungarian version, actors Ákos Kőszegi, Anna Kubik, and Gábor Morvai provide the voices of the penguins, and the German version as seen in German movie theaters (and in the televised broadcast in April 2007 on channel ProSieben) uses the voices of Andrea Loewig, Thorsten Michaelis, and Adrian Kilian for the "dubbed dialog" of the penguins. This style of narration is also used in the Danish and Cantonese DVD versions.

text: Disney bidded to get US distribution rights to the film, but their bid ultimately failed[7], the English-language distribution rights were later acquired at the Sundance documentary festival in January 2005, by Adam Leipzig of National Geographic Films, who had forged a distribution partnership with Warner Independent Pictures.[8] In contrast to the French version, their English release has a third-person narrative by a single voice, actor Morgan Freeman. Similarly, the Austrian channel ORF 1 used for their broadcast in April 2007, the alternate version available on the German "Special Edition" DVD which uses a documentary narration voiceover spoken by the German actor Sky Du Mont. Other releases' narrators include the Dutch version, narrated by Belgian comedian Urbanus; the Indian version, narrated in Hindi and English by Indian actor Amitabh Bachchan, is titled Penguins: A Love Story; the Polish version, narrated by Polish actor Marek Kondrat; and the Swedish version, narrated by Swedish actor Gösta Ekman. The Tagalog version is narrated by actress Sharon Cuneta; it is entitled Penguin, Penguin, Paano Ka Ginawa? (English: Penguin, Penguin, How Were You Made?) with the English title as the subtitle. The Tagalog title is similar to that of a Philippine novel and film, Bata, Bata, Paano Ka Ginawa? (English: Child, Child, How Were You Made?)

text: Another difference between the various international versions involves the music. The original version uses an original experimental soundtrack by electronic music composer Émilie Simon, whereas the English-language version replaces it with an instrumental score by Alex Wurman. The Hindi version happens to use the music from the French version.

text: Releases and responses[edit]

text: The first screening of the documentary was at the Sundance Film Festival in the United States on 21 January 2005. It was released in France the next week, on 26 January, where it earned a 4-star rating from AlloCiné, and was beaten at the box office only by The Aviator during its opening week.

text: The original French version was released in Quebec. Subsequently, an English-language version was released in the rest of North America on 24 June 2005, drawing praise from most critics who found it both informative and charming. It has received a 94% "fresh" rating with the consensus "Only the hardened soul won't be moved by this heartwarming doc" on the website Rotten Tomatoes, which collects film reviews. The movie-going public apparently agreed with that assessment, as the documentary distinguished itself as one of the most successful documentaries of the season on a per-theatre basis: it became the second most successful documentary released in North America, after Fahrenheit 9/11, grossing over $77 million in the United States and Canada (in nominal dollars, from 1982 to the present.) It grossed over $127 million worldwide.[9] It's the only movie from Warner Independent to be rated G by the MPAA.

text: The documentary was released on DVD in France on 26 July 2005, and in the United States by Warner Home Video on 29 November 2005. It was never released on VHS by Warner Home Video, due to A Very Long Engagement being the last VHS by Warner Independent. It however spawned a VHS in French locations, such as French Canadian regions. The DVD extras address some of the criticisms the documentary had attracted, most notably by reframing the documentary as a scientific study and adding facts to what would otherwise have been a family film. This Region 2 release featured no English audio tracks or subtitles.

text: An extra on the DVD issue was the controversial 1948 Bugs Bunny cartoon Frigid Hare, in which Bugs visits the South Pole and meets a young penguin fleeing an Eskimo hunter. The cartoon is not frequently seen because of its stereotypical depiction of the Inuit hunter, but it was included here uncut and uncensored. This is substituted in the American release with 8 Ball Bunny, likewise uncut and uncensored.

text: In November 2006, the documentary was adapted into a video game by DSI Games for the Nintendo DS and Game Boy Advance platforms. It features Lemmings-like gameplay.

text: In 2007, a direct-to-DVD parody written and directed by Bob Saget called Farce of the Penguins was released. It is narrated by Samuel L. Jackson and features other stars providing voice-overs for the penguins. Although the film uses footage from actual nature documentaries about penguins, the parody was not allowed to include footage from March of the Penguins itself.[10]

text: Production[edit]

text: The DVD version includes a 54-minute film entitled Of Penguins and Men made by the film crew Laurent Chalet and Jérôme Mason about the filming of March of the Penguins.[11]

text: Director and film crew spent more than 13 months at the Dumont d'Urville Station, where the Institut polaire français Paul-Émile Victor is based. Although the penguins' meeting place, one of four in Antarctica, was known to be near, the day on which it occurs is not known, so they had to be ready every day. Fortunately, the gathering that year was huge – more than 1,200 penguins, compared with the norm of a few hundred.

text: For cameras to operate at −40°, they had to use film and to load all the film for the day, as it was impossible to reload outside. Because of the isolation from any film studios, remembering each shot was necessary to ensure continuity and to make sure that all the necessary sequences were finished.[12][13]

text: The main challenge of making the documentary was the weather with temperatures between −50 and −60°C (−58 and −76°F). At dawn, the film crew would spend half an hour putting on six layers of clothes, and on some days they could not spend more than three hours outside. They worked in winds with gusts up to 125 miles per hour, "which in some ways is worse than the cold temperatures" according to director Jaquet.[14]

text: Political and social interpretations[edit]

text: The documentary attracted some political and social commentary in which the penguins were viewed anthropomorphically as having similarities with, and even lessons for, human society. Michael Medved praised the documentary for promoting conservative family values by showing the value of stable parenthood.[15] Medved's comments provoked responses by others, including Andrew Sullivan,[16] who pointed out that the penguins are not in fact monogamous for more than one year, in reality practicing serial monogamy. Matt Walker of New Scientist pointed out that many emperor penguin "adoptions" of chicks are in fact kidnappings, as well as behaviours observed in other penguin species, such as ill treatment of weak chicks, prostitution, and ostracism of rare albino penguins.[17] "For instance, while it is true that emperor penguins often adopt each other's chicks, they do not always do so in a way the moralisers would approve of."[18] Sullivan and Walker both conclude that trying to use animal behavior as an example for human behavior is a mistake.

text: The director, Luc Jacquet, has condemned such comparisons between penguins and humans. Asked by the San Diego Union Tribune to comment on the documentary's use as "a metaphor for family values – the devotion to a mate, devotion to offspring, monogamy, self-denial", Jaquet responded: "I condemn this position. I find it intellectually dishonest to impose this viewpoint on something that's part of nature. It's amusing, but if you take the monogamy argument, from one season to the next, the divorce rate, if you will, is between 80 to 90 percent... the monogamy only lasts for the duration of one reproductive cycle. You have to let penguins be penguins and humans be humans."[19]

text: Some of the controversy over this may be media driven. Rich Lowry, editor of National Review, reported in the magazine's blog that the BBC "have been harassing me for days over March of the Penguins ... about what, I'm not sure. I think to see if I would say on air that penguins are God's instruments to pull America back from the hell-fire, or something like that. As politely as I could I told her, 'Lady, they're just birds.'"[20]

text: Another controversy involves those who feel that the emperor penguin's behavior can be viewed as an indication of intelligent design, and those who consider it to be an example of evolution by natural selection in action. Steve Jones, professor of genetics at University College London, is quoted as saying, "Supporters of intelligent design think that if they see something they don't understand, it must be God; they fail to recognise that they themselves are part of evolution. It appeals to ignorance, which is why there is a lot of it in American politics at the moment."[21] Author Susan Jacoby claims in her 2008 book, The Age of American Unreason (page 26), that the distributors of the movie deliberately avoided using the word "evolution" in order to avoid backlash from the American religious right, and writes, "As it happens, the emperor penguin is literally a textbook example, cited in college-level biology courses, of evolution by means of natural selection and random mutation. ... The financial wisdom of avoiding any mention of evolution was borne out at the box office ..."

text: Sequel[edit]

text: On February 15, 2017, Disneynature released a possible follow-up to the film entitled L'Empereur, which has also been named March of the Penguins in some countries,[22] it's title is also March of The Penguins 2: The Call, this one is narrated in France by Lambert Wilson, possibly due to the idea of giving the penguins voices in the original not sitting well with audiences. The film will be released in the United States as a Hulu exclusive under the name March of the Penguins 2 - The Next Step with Morgan Freeman reprising his role as narrator.[23]

text: Awards[edit]

text:
Won – Academy Award for Documentary Feature
Won – American Cinema Editors, Best Edited Documentary: Sabine Emiliani
Nominated – BAFTA Awards, Best Cinematography: Laurent Chalet, Jérôme Maison

Best Editing: Sabine Emiliani

Won – Broadcast Film Critics Association, Best Documentary
Won – César Awards, Best Sound (Meilleur son): Laurent Quaglio, Gérard Lamps

Nominated, Best Editing (Meilleur montage): Sabine Emiliani
Nominated, Best First Work (Meilleur premier film): Luc Jacquet
Nominated, Best Music Written for a Film (Meilleure musique): Émilie Simon

Won – National Board of Review, Best Documentary
Nominated – Online Film Critics Society Awards, Best Documentary
Nominated – Satellite Awards, Outstanding Documentary DVD

Nominated, Outstanding Motion Picture, Documentary

Won – Southeastern Film Critics Association Awards, Best Documentary
Nominated – Writers Guild of America, Documentary Screenplay Award: Jordan Roberts (narration written by), Luc Jacquet (screenplay/story), Michel Fessler (screenplay)
Won – Rotten Tomatoes' Golden Tomato Awards – Best Reviewed Documentary of 2005, beating Murderball and Enron: The Smartest Guys in the Room
Won – London's Favourite French Film in 2005
Won – Victoires de la musique, Original cinema/television soundtrack of 2006