Friday, June 20, 2025

“School Librarians Are the First and Perhaps Only Line of Defense in a School for Students’ First Amendment Rights”

 By Kelly Jensen

 How South Carolina school librarians are rising to the challenge of statewide book bans and why they retain hope in these challenging times.

 Three U.S. states have provisions in their state law that allow for removal of books from all public schools under certain circumstances. These are South Carolina, Tennessee, and Utah. Tennessee has yet to trigger this, though given how broadly school districts in the state have been banning books, it’s likely we’ll see this sooner than we think. Meanwhile, both Utah and South Carolina have been engaged in these state-wide bans since implementation.

State sponsored book bans in Utah and South Carolina work differently from one another. In Utah, a book is banned from all public schools if it has been banned from three public school districts or two public school districts and five charter schools statewide. The bill went into effect July 1, 2024, and it started with 13 titles on it. Utah’s bill is retroactive, meaning that titles which met the state’s guidelines prior to the bill’s start date were included on the list. Right now, there are 18 titles on the list

 

South Carolina’s law allows anyone in the state who has children in a public school district to raise objections to a title to their local school board and then onto the State Board of Education. This means they can bypass decisions and/or appeal the decision made at the school district level right to the state. Right now, South Carolina leads the country in state-sanctioned banned books at 21 titles total. Nearly all of them come from one parent who didn’t get her wishes granted in Beaufort County Schools. Read that again: one parent in the whole state of South Carolina has been responsible for nearly all of the books no students in public schools have access to. So much for “local control.”

Ten of the 21 books banned in South Carolina landed on the list in May 2025. 

 None of the book bans in either Utah nor South Carolina have gone down without a fight. In South Carolina, because the battle happens in state-level committee and then the full state board of education, the public pushback has been visible, documented, recorded, and shared widely. This is important for many reasons, including the fact it has become easy for far too many people to simply believe that red states and their access to knowledge and books doesn’t matter the same way it does in “good” blue states.

 

The fact is, there are dedicated, devoted champions of intellectual freedom in every single U.S. state. Frankly, those on the ground in red states have had longer and harder battles; writing off states for their historic voting records, which have always been complicated by gerrymandering and voter suppression, is writing off fierce advocates and activists–the very people who deserve to be given bigger, louder megaphones.

Several groups in South Carolina have been at the forefront of fighting book bans. One of them is the South Carolina Association of School Librarians. I’m honored to bring an interview with two members of the organization’s leadership, president Jamie Gregory and current president-elect Tenley Middleton. This conversation is a poignant reminder of the necessity of listening to those on the ground and the devastating realities of being a school librarian right now in America and in a state where library workers have some of the largest targets on their backs for simply doing their jobs of meeting the needs of all students. 

 

Jamie: Regulation 43.170 was created by the SC State Board of Education and automatically went into effect August 1, 2024, after it failed to receive a vote in the SC General Assembly. It establishes a pathway for citizens to appeal a school district’s review committee decision directly to the SC State Board of Education. The Instructional Materials Review Committee (IMRC), comprised of 5 members of the state board, receives submitted complaints and votes to recommend retention, restriction, or banning. The full State Board then votes to adopt the IMRC’s recommendation, thus establishing a way to ban books (and any other instructional materials) from every public school in the entire state. Local school districts can also choose not to consider locally-submitted complaints and instead send those directly to the IMRC for consideration. (This option is described in very positive language, as if the state board is helping districts lessen their work loads by removing the local democratic process.)

There are a few crucial components of the regulation that are important for people to be aware of. The regulation only concerns what it attempts to define as age inappropriate sexual conduct, which directly conflicts with SC obscenity law (16-15-305). It also does not provide any consideration for the variations in appropriateness between a kindergarten student and a high school senior. The IMRC does not require itself to read the challenged work in its entirety. Rather, it relies on excerpts and other information provided by the complainant. As such, the work as a whole is not considered, so there can be no exceptions made for literary merit. However, SC Code of Law 16-15-305 does allow for literary merit to be considered. In this way, the IMRC and state board of education can ban a book from every public school in the state simply because of one phrase. We are still confused why this regulation can be implemented while simultaneously conflicting with established state law.

 

The “need” for this regulation was manufactured by SC Superintendent of Education Ellen Weaver (who has direct, public ties to Moms 4 Liberty) under the guise of an absence of a “uniform process for local school boards to review and hold public hearings on complaints raised within its district.” In other words, supporters of the regulation didn’t like that local school districts have control over which instructional materials are available in school libraries, so they dubbed this local control as “confusing” since districts may have different local policies and procedures. It’s important to note that the impetus for this regulation originated with Ellen Weaver and her outside legal counsel with ties to the Federalist Society (who was paid over $40,000 of taxpayer money), not the SC State Board of Education.

Many people are aware of the 97 books challenged in Beaufort County in 2022, which after much time and thousands of dollars, the review committees ultimately returned all but 5 of those titles to school library shelves. The people who supported banning those 97 books decried that decision as undemocratic simply because they didn’t get their way, even calling the review committees “biased” because they were comprised of more educators than parents. The result is that now, book challenges are considered by only five members of the state board of education who do not read the books.

 

Where and how has the South Carolina Association of School Libraries been involved in pushing back against this law? What other on-the-ground groups or organizations have you been collaborating or allying with? 

Jamie: Statewide anti-censorship efforts began in 2021 when Governor Henry McMaster tasked then-SC Superintendent of Education Molly Spearman to “investigate” how a book like Gender Queer by Maia Kobabe could end up in South Carolina public school libraries. South Carolina Association of School Librarians (SCASL) leaders were invited to collaborate with Spearman to develop a model school library selection and reconsideration policy that districts could choose to use to ensure they had a policy in place. We were pleased with this result and grateful for the collaborative opportunity. However, other challenges were rapidly popping up across the state.

In October 2022, SCASL President Tamara Cox and Josh Malkin from the ACLU recognized a need to bring together various organizations and groups with similar goals across the state. They started the Freedom to Read SC coalition with the goal “to defeat unconstitutional efforts to ban books from school and public libraries.” Of course our challenges aren’t just restricted to book banning, but broader issues such as defending students’ rights, public education, and the rights of all parents. Creating a statewide coalition allowed for parents, religious leaders, community organizations, and other local decision makers to network and to support each other, particularly when censorship continues to happen at the local level and in differing ways.

SCASL also showed up as an organization during the 2023-2024 year when the state board was creating the regulation and were part of efforts to get some key amendments added before the final version was passed, and we’re very proud of that.  Initially, the regulation was much more restrictive and damaging. There were no restrictions on the number of challenges a person could submit each month, and any citizen could submit a challenge as opposed to only parents/guardians with students in the school district. The original proposed form also would have banned any instructional materials containing words which would be censored on broadcast television. We spent so much time attending state board meetings and writing letters as did our partner organizations and countless concerned citizens.

SCASL was proud to partner with Freedom to Read SC this year to begin a virtual book club which was open to any SC citizen who wanted to learn more about book censorship. We read two books which were banned by the state board this year, Flamer by Mike Curato and Last Night at the Telegraph Club by Malinda Lo. Curato was also a featured author at the Read Freely Fest which was hosted by the Richland County Library in Columbia, SC. This type of advocacy seeks to provide folks with the opportunity to learn more about the targeted books and authors. In other words, as professional school librarians, we know that providing education is the key to combating censorship.

Tenley: Several grassroots organizations have formed to oppose the censorship being imposed by the State Board of Education. We do not coordinate their efforts, but we appreciate their support.

Something that’s been impossible to not see is that there is a big difference in response to book censorship and attacks on libraries from state library association to state library association. Why is there such a difference? As folks in a state where censorship and attacks are among the highest in the country, it has to be frustrating to not see that same level of engagement–proactive anti-censorship advocacy included–mirrored in every state-level association. 

Jamie: I think it just comes down to the volunteers who are part of each state school library organization. Yes, we are all volunteers! The members of our board all work full-time jobs in addition to fulfilling their SCASL board duties. I initially accepted the offer of SCASL leadership back in the fall of 2022 before anyone knew this regulation was on the horizon. Now, people are agreeing to volunteer with the full knowledge of the deep level of opposition we’re facing, and it’s not for everyone. We interact with people who are ideologically opposed to the very idea of what we do as a profession, who have publicly cut ties with our organization, who have publicly attacked us professionally and personally. Many school librarians can’t be as involved as they’d like to be because they rightfully fear retaliation from their school districts and communities. It’s simply not easy work.

We’ve also faced even more opposition in South Carolina because at the very beginning of Ellen Weaver’s tenure in 2023, she abruptly decided to sever ties with SCASL, effectively ending what was a 50-year partnership between SCASL and the SC Department of Education. She utilized her political positioning to publicly attack our organization which has more than 1,000 members statewide, which has simultaneously encouraged some of us to become even more involved in fighting back but also difficult for some because of her position and influence.

The same strategies are also not necessarily going to work in each state because each state legislature and state board of education can function differently. At the same time, some state superintendents of education are connected through their national political groups and other ties, such as South Carolina and Oklahoma, so it would be beneficial to have stronger ties across states. Another obstacle we face on that front is that of course the individuals serving in leadership roles change each year in our school library associations, making it difficult to achieve long-term collaboration.

But I am willing to bet that South Carolina is the foremost leader in intellectual freedom advocacy in the entire nation because of the extraordinary networks that have developed across the state since 2021. It’s all thanks to the efforts of a few individuals who have worked tirelessly to connect as many like-minded people as possible so that when an issue arises, the network can show up and speak out. We’ve had some victories in our state in individual school districts because of our state’s organized efforts, which has been so encouraging to watch especially this past year. I’m simply amazed at how many people in this state have become involved in this hard work and how willing they are to work as part of an organized movement. We inspire each other, we hold each other up, we know we don’t do this work alone; this camaraderie ensures the future strength and growth of our movement.

How has this law impacted school librarians? In what ways has it emboldened hate and harassment toward library workers? 

Tenley: I recently spoke at an event that a grassroots organization hosted. Afterward, the local Moms 4 Liberty Group posted on Facebook that we had been discussing porn for kids. We also had a speaker at the April State Board of Education meeting make public comments calling librarians “porn pushers.” Certain individuals have found that they can make defaming or libelous statements with little to no consequences.

Jamie: People who support the regulation have started to use more targeted rhetoric against us. Some suggest that because we advocate against the regulation, we must support having sexually explicit materials in school libraries. Making audacious claims such as this is demoralizing and as Tenley said can cross the line to defamation. Some simply don’t think twice about accusing us of felonies such as distributing pornography to minors. Some of us have been publicly attacked by elected officials such as state representatives and senators, leading to people calling our schools and complaining about us, making us fear for our jobs.

We all know how easy it is for rumors to spread through social media. We’ve had school librarians who no longer feel welcome or even safe in their communities because of comments that have spread. That’s the kind of consequence that can’t be taken back or erased. 

I think in general, it has caused a widespread feeling of disturbance that Superintendent Weaver and the state board are targeting our work when we in fact provide fundamental services to our students, teachers, and parents, including teaching people how to access information and use it safely and ethically, as well as teaching people to love reading in part by providing inclusive and diverse reading materials. That our profession can be reduced to simply whether or not we provide access to sexually explicit materials is frankly dumbfounding and confusing particularly when our state ranks toward the bottom in educational achievement. We know it’s a political talking point, but again, we’d rather not be the ones paying the price for someone’s political ambitions. 

Where and how have you seen the law fuel quiet/silent/self censorship in school libraries? Do you have any sense of the scope of such censorship in school libraries? 

Jamie: Quiet censorship is perhaps the most insidious side effect of this regulation (and of Ellen Weaver’s leadership more broadly). Members have reported to SCASL leadership throughout the year how individual school districts decided to broadly censor many books before the school year even started in an effort to avoid controversy. These actions are described as “quiet” because students and parents don’t even know it’s happening. When school librarians are given a list of titles and asked to remove them, they often don’t have much choice except to comply. Even though regulation 43.170 is limited to censoring materials for sexual content, many officials more broadly censored any materials it deemed potentially controversial, including on topics related to Black and BIPOC history and LGBTQ+ topics, which constitutes viewpoint discrimination.

Similarly, the type of environment created by Superintendent Ellen Weaver and regulation 43.170 causes some school librarians to deselect the purchase of materials that could be viewed as controversial, which is self censorship. We remind people that the regulation focuses solely on sexual content. We also relay the message that self censorship can be a form of simply trying to preserve one’s position, which is understandable. Sometimes school librarians are forced into these decisions; we are not trying to judge people who self censor. However, we try to encourage people to be mindful of their actions, not to interpret the regulation beyond what it actually states, and to have conversations with their school administrators to lessen the impacts of the paranoia and confusion caused by the regulation. We also advise school librarians to reach out to others in the community who can be more vocal on their behalf.

It was widely anticipated that the State Department of Education would ban 10 books in April, but that meeting, it sounded like several members of the committee were questioning what the point of such bans were–some going so far as to question why they were driving once a month across the state to do so. That shift in tone reversed in May, when those 10 books were then banned. What do you think it will take to see actual change going forward?

Jamie: I think it’s a victory in and of itself simply to have witnessed the discussion which took place during the April meeting. We were so heartened to hear a thoughtful, reflective discourse, but feeling heartened was also sad because that should be the norm, not the exception. Dr. David O’Shields shared information he received from the school librarians in his district! He collaborated with them to get facts! No one else on the state board has done this most basic of actions. 

Now that one school year has passed for us to observe how the state board has implemented the regulation, we continue to encourage parents whose children are directly affected to be in touch with the state board members as well as their state representatives and senators. We also continue to point out how arbitrarily the regulation has been implemented, which opens the board up to legal action. SCASL repeatedly offers suggestions to amend the regulation which so far have not been taken up by the board. But we know the majority of people across the state do not agree with the regulation or how the board has implemented it. It’s a matter of impressing upon the board and Superintendent Weaver how unpopular it is, and getting members of the state legislature to understand how much of a legal problem this regulation is. It also seems to me that district superintendents and school board members could advocate against the regulation directly to Superintendent Weaver and the state board members because they do often work together. That level of support would go a long way to boost school librarians’ morale.

 

Ultimately, the state school board members are the ones who have the power to reverse the damage being caused by this regulation by amending or repealing it. We will continue to exercise our rights as citizens to dialogue with them, to present facts and testimony, and to encourage them to exercise their leadership responsibilities by eliminating such a harmful practice and get back to the real issues facing South Carolina’s students.

Something that should be emphasized here is that books which have been banned at the state level have been titles challenged by TWO adults in the entire state. That’s two adults who have been given so much power that their complaints–cherry picked passages from the banned texts–led to books being banned in every single school. When and how does the actual public push back against this? Do they even know? Where and how do you get parents and public school advocates to spread the message that some random person on the other side of the state has been given the power to determine what happens in *their* schools . . . especially as those parents were denied their requests to ban the books in their own local schools? 

Jamie: One part of our advocacy and outreach work is to educate the general public about what has been happening this school year. We all know how difficult it is to keep up with current events and issues in society, and sometimes people want to be informed and even get involved but simply are overwhelmed and cannot keep up on their own. SCASL leadership sends out an email to members after each IMRC and full state board meeting, providing summaries, email addresses for officials, and suggested talking points. Many people have told us how helpful these emails are to keep them informed. Local and state news outlets have also been providing coverage for this issue, and several have given us the opportunity to represent school librarians and students, which we greatly appreciate. 

It is certainly the case that many, many individuals and organizations have been speaking out across the state over the past year. People are certainly staying informed and are making their voices known to their elected officials. I suppose at some point it’s the age-old problem of elected officials actually listening to their constituents instead of simply following their own political ideology. 

What is the impact of these bans on students? What are you hearing from them? 

Tenley: At the end of the school year, I was shifting the collection to create more room for graphic novels and manga, and several students voiced concerns because they thought we were removing books. Students are aware of the regulation. High School teachers across the state have restricted access to or entirely removed their classroom libraries because of the requirement to catalog their books and follow the regulation guidelines. 

Jamie: Although I work at an independent school and am therefore not affected by the state board’s actions, I know that my students are aware of what’s happening because they will ask me questions. It baffles them to think about why the state board thinks these books are “harmful” enough to ban given everything else they face in society today, especially in terms of technology. While they realize that their rights at my school are not at risk, they still are very much concerned about the wider implications. 

Students pay attention, and they hear what is being said about them. Consider how damaging it is for a young person who identifies as part of the LGBTQ+ community to continually hear legislators and state board members talk about their community as if it is too inappropriate or dangerous to be represented in school libraries. Stakeholders need to stop sexualizing entire minority groups. All students have the right to attend school in a safe environment that provides equal and inclusive access to representation regardless of officials’ personal beliefs.

Where and how does the state–currently ranked 40th in education nationally–plan or consider addressing the inequities they’re putting onto their students? How can students in South Carolina be competitive academically to peers in other states when it comes to college admissions, to advanced placement tests, or similar when they’re denied access to books that those peers have? (I suspect you’ll cover it here, but $$$$, obv.)

Tenley: I am very concerned about the impact the regulation will have on students’  preparedness for higher education.

Jamie: Unfortunately, the book banners argue that they are not banning books, they are simply removing inappropriate materials. They also argue that students and parents can still check out these books from public libraries or buy them from Amazon or the bookstore, so therefore they aren’t banning books. Superintendent Ellen Weaver also decided in June 2024 to disallow any school districts to offer the AP African American Studies course because it’s too “controversial.” Weaver and her allies have created an atmosphere that is, I would say with confidence, hostile to higher education, which aligns with the efforts of other nationwide organizations and political movements. Thus, they are not concerned that their unconstitutional actions will harm students’ abilities to achieve academically; rather, they think they are providing sacred protections against evil which will illogically make them stronger students by eliminating “liberal indoctrination.”

To be more specific, Superintendent Ellen Weaver hired Dr. Mark Herring as the Education Associate for school libraries and librarians in the state department of education, and there has been rhetoric from the department criticizing USC’s iSchool program. I won’t provide a link to his “writings,” but he has written pieces claiming that the American Library Association is a far left-leaning radical institution, and even includes higher education institutions in this evaluation. It is troubling to read his attacks on higher education given his new position. He also has never worked as a school librarian (similarly, Ellen Weaver has never worked as an educator). So we do see the book banning as just one part of a strategy to devalue and create distrust in current higher education institutions in this state.

When, where, and how does this end? Is it when there’s a state-wide voucher program allowing taxpayer money to be used to send wealthy kids  to private schools so they don’t need to be near books their parents deem “inappropriate?” Is it when there are no public schools? Is it when there are so many books banned that keeping a list of acceptable books is shorter and easier? In other words, what is even the path forward at this point? 

Jamie: Once the regulation was passed last summer, we knew it would take time to reach a point when the tide would turn. We endured this first year of the regulation’s implementation and now have a better idea of how the board intends to utilize the regulation although it is still very much a guessing game as they pick and choose which types of sexual content are age inappropriate (from the board: “descriptions require enough ‘explanatory detail’ to form a mental image of the conduct occurring”). I’m not sure how Dr. Christian Hanley, chair of the IMRC, expects me to know what types of mental images he’s forming as he’s reading the excerpts provided by a complainant.

The South Carolina legislature is very much interested in bolstering a statewide voucher program, and recently passed new legislation with this very goal in mind (last year’s attempt was struck down by the state supreme court, but of course that didn’t stop the Republican-controlled legislature from simply trying again). Ironically, though, this push toward private schools means no government oversight or control; the school library in a private school is not controlled by Superintendent Ellen Weaver.

We need people who are normally swayed by the rhetoric surrounding vouchers to realize the reality of utilizing private schools on a mass scale. Private schools do not necessarily provide the resources needed for learning differences, students with severe disabilities, students who need assistance through free or reduced-cost meals, language support, transportation, and more. There aren’t enough private schools to replace the public school system. Teachers are generally paid less than through the state system and are not required to have professional certification or continuing education. Charter schools are not a panacea either; what happens when the authorizer’s structure fails, forcing them to close? It may only be when there aren’t enough public schools open, and a private school isn’t an option, that working parents finally understand they’re being lied to for someone else’s political gain.

In terms of book banning, it helps that one person can only submit 5 book challenges per month to the IMRC, and so far only two citizens have utilized the process. I’m confident that as advocacy efforts grow after this first year, and the board’s actions become ever more unpopular, there will be a point at which the board will have to reconsider the regulation’s purpose, which means reminding them of Ellen Weaver’s political agenda in creating it in the first place, which had nothing whatsoever to do with the over 750,000 public school students in South Carolina.

Also, Ellen Weaver is serving in an elected position. We look forward to meeting the people who will decide to run against her.

How do you keep yourself moving forward? How do you maintain hope? 

Jamie: This is a tough one because book banners have engaged in such personal attacks. But as often happens in times of trials, our organization is stronger than ever. For the second year in a row, we have over 1,000 members which is an incredible and humbling show of support and faith in what we do. We celebrated our 50th anniversary this year and were so grateful to have the support of so many past SCASL leaders and supporters. Our collaborators and colleagues let us know how much they support us and believe in us in so many ways which keeps us motivated to continue to advocate for students. We also know that intellectual freedom is the basis of our profession and of American society, and we are honored to be involved in this work. 

Many of us have endured personal attacks for the past three years, which has been a long time. Of course there are personal ups and downs, but in my really low moments, I try to remember all of the students I’ve had in my life who have shared how much I impacted their lives. I make sure I print out emails, save notes, take screenshots of lovely comments on social media, etc., and look through those during low moments. I also have notes, emails, messages, and memories from colleagues who have supported me from the very beginning. I wouldn’t know some of the truly exceptional people who are in my life now if it weren’t for the bad stuff. Ultimately, I actively make the decision not to allow the bad actors to control my life. 

I also try to remove myself from the situation and remember that book censorship has been part of American society since the very beginning. As Ibram X. Kendi said at the 2023 ALA annual conference in Chicago, the freedom fight chooses you. I may never know why it chose me, because there have been some truly deeply hurtful times, but I’ve been entrusted with this responsibility on behalf of my students. I won’t solve it, but I’ll do my part. And when enough of us are doing that, we will achieve victories and inspire future generations to continue the work as well.

What can South Carolinians do to protect access to books and school libraries? What about Americans who live in other states? Where and how can they support efforts to protect the freedom to read in South Carolina, in their own state, and nationally? 

Jamie: People who don’t work in libraries probably don’t realize how important it is to use the library! We rely on our checkout and usage statistics to make all sorts of decisions. If a book is labeled as “controversial,” read it yourself! Partner up with a school librarian who can explain what literary merit means and how we select books which fairly represent all types of people. Ask a school librarian to host an event at a public library to raise awareness of intellectual freedom rights in America. The public library is one of the original community meeting spaces!

We need everyone to speak up, especially on behalf of the school librarians who can’t be involved. Most people don’t realize that school librarians are the first and perhaps only line of defense in a school for students’ First Amendment rights. It’s a sacred, sacred profession and should be treated as such. Please contact your state representatives and senators, your representative on the state board of education, and your local school district board members. Make sure they know your name. Go to meetings regularly. Establish a presence so they know you are watching. And when I say “you,” I mean your network. Please join your state’s school library association and public library association. They will help you stay informed and let you know their goals and values in terms of talking points. 

The tide is undoubtedly turning against Moms 4 Liberty and other radical, extremist groups in terms of elected positions. Consider running for a position to add a balanced, moderate, educated voice to your local and state-level school boards. People who are invested in and who care about their local community are the ones who should be in leadership roles, not those with national political ideologies.

What is happening is not inevitable. In true American tradition, those of us who deeply care about democracy and intellectual freedom will continue to show up until this iteration of Ellen Weaver’s fascistic leadership has faded into the background. And we will remain as organized as ever, ready to ensure the rights of the freedom to read for the next generation. We’d love to have you join us.


Thursday, June 19, 2025

Trump's VA cut a program that's saving vets' homes. Even Republicans have questions by Chris Arnold , Quil Lawrence

 

Jon Henry served in Iraq during the first Gulf War, in a unit meant to counter chemical warfare attacks. Luckily for him the attacks never happened, but he still earned full veterans benefits, including a home loan backed by the Department of Veterans Affairs.

Henry, who lives outside Kansas City. Mo., fell behind on his mortgage after losing his job managing a manufacturing plant last October. And because of a move last month by the VA, vets like him with delinquent loans have far worse options than most other American homeowners who never served.

"My social media posts have not been nice to the director of the VA and have not been nice to Trump," Henry said. "And I voted for the guy!"

 

Henry was hoping to get help from the VA Servicing Purchase program, or VASP. In just the past year, according to the VA, it has helped more than 33,000 veterans and servicemembers who got behind on their loans by giving them a new, low-interest-rate mortgage.

But last month, out of fear of the potential cost, the VA abruptly did away with this safety net. It was the latest development in a VA mortgage saga that has whiplashed veterans between various enacted and cancelled programs and left thousands in fear of losing their homes. There are about 80,000 vets in the U.S. behind on their mortgages and heading toward foreclosure, according to data from ICE Mortgage Technology.

 

"It's like, damn, you keep talking big about how you're doing all this for the veterans, but you just turned your back on 80,000 vets that have VA loans," Henry said.

Both Democrats and Republicans in Congress are questioning this move by the VA. And NPR has heard from more than 50 veterans around the country in recent weeks who say they are upset.

"I'm constantly terrified every day that some giant moving truck or some people are just gonna show up on the front door and kick us out and start throwing all of our stuff out of the house," said Mason Reale, a former Navy sonar technician in Lake Wales, Fla.

 "It's infuriating and it's devastating," Matthew Kelly, a retired Navy Special Operations diver in San Antonio, Texas, told NPR.

 

The VA said in a statement to NPR that it "has a long-standing history of exploring options for Veterans to retain their homes." 

But the VASP program was created as a crucial last resort to keep veterans in their homes. Current mortgage rates of around 7 percent mean the other option for a VA loan, a loan modification, often sharply raises the monthly payment, making it unaffordable. So without VASP, many veterans will have to choose between selling the house, or getting foreclosed on.

That leaves vets in a worse position than most other homeowners. Mortgages backed by the government either through Fannie Mae, Freddie Mac or FHA all have emergency options for delinquent borrowers that don't raise their interest rate or monthly payment. But that's not true anymore for veterans with loans backed by the VA, now that it's closed enrollment into VASP.

When VA secretary Doug Collins appeared before a U.S. Senate committee in May, he heard about it — and mostly from Republican lawmakers.

 

" I was just with a press conference back home with reporters back home," Republican Sen. Bill Cassidy of Louisiana told Collins. "They asked me about the VA servicing purchase program or VASP."

Cassidy cited NPR's reporting and asked about the VA "leaving veterans in the lurch."

Collins stood behind the VA's decision to end VASP. "The VASP program is something that we do not need to be in," he said.

 Collins and some other Republicans don't like the way VASP works to help vets with these troubled loans — by buying them up and rolling the missed payments into a new loan with a low 2.5 percent interest rate. They worry that puts too much taxpayer money at risk since the VA holds the new loans on its own books.

 

At a recent house hearing, Collins said the program was going to cost "multiple billions of dollars" going forward and that "it's a program we should have never gotten into."

Collins said he's hoping Congress passes legislation to replace VASP with what's called a "partial claim" program. That takes the homeowners' missed payments and moves that debt to the end of the homeowner's loan term. Homeowners then start paying their mortgage again with their original interest rate and monthly payment.

 VASP program helped thousands of veterans save their homes

 

VA used to have a partial claim option for veterans but it was suddenly shut down in late 2022 during the Biden administration. That, too, left thousands of vets with far worse options than other homeowners. After NPR reported on that misstep, the VA halted foreclosures for an entire year while it rolled out VASP to rescue vets from losing their homes. Now Trump's VA has scuttled that rescue program.

"We look forward to seeing how that legislation… the partial claim comes through," Collins told senators at last month's hearing.

But Democrats slammed Collins and the VA for basically ripping up the VASP safety net before anything has been set up to replace itCongressman Chris Pappas of New Hampshire said vets facing foreclosure are left just hoping Congress will act in time.

"That's not a good enough answer for my constituent," Pappas told Collins at another recent hearing. "Veterans I talked to don't agree with the abrupt ending to VASP," Pappas said.

 

At the Senate hearing, Arkansas Republican John Boozman gently made that same point to Collins, asking what the VA can do for veterans right now, and for the unknown number of months that it may take for Congress to pass, and VA to set up, a new program.

"How does the VA plan to help veterans at risk of foreclosure?" Boozman asked. "You know it's one thing going forward, it's another thing for those individuals that are caught up in that now, and it makes it really difficult."

 Asked by Pappas whether he would consider another foreclosure moratorium for vets, Collins replied: " I'm not gonna commit to a program on the fly here in the middle of the hearing. I understand your concern."

 

The mortgage program has been a real concern for veterans like the former Navy diver Matt Kelly. Kelly suffered a brain injury during his service. He still gets headaches, and a few years ago they stopped him from working for a while.

"I was getting terrible migraines," he said. " I thought I needed time to deal with my medical stuff. "

Kelly's mortgage company allowed him to pause payments and told him he'd have an affordable way to catch up later. Indeed, VASP would have done that. But then the VA shut it down, leaving Kelly panicked about losing his home, and not knowing where he'd go with his wife and three young kids.

When NPR first spoke to Kelly in April, he said he'd been up most of the previous night, worrying what to do.

 

"I shake uncontrollably," Kelly said. "My wife woke me up and said I was shaking. But right now I'm more pissed off and angry."

After NPR asked the VA and Kelly's mortgage company, Loancare, about his situation, the president of the company called NPR to say that, in Kelly's case, the company actually made some mistakes that led to Kelly not getting enrolled in VASP in time. He said Loancare will eat the cost and give Kelly a new, low-interest-rate loan with the same terms as VASP.

Thousands of other vets who are still behind on their loans haven't been so fortunate. Both Jon Henry and Mason Reale initially had trouble qualifying for VASP and now the program is closed so they won't get the help. Kelly says he's worried about other vets.

 

"It's a responsibility of the VA. They announced this program, then they canceled the program, and they're leaving veterans hanging," Kelly said, adding, "their mission to protect veterans and care for veterans is not being fulfilled."

Meanwhile, Congress is working on a replacement for the VA home loan safety net. One bill has passed in the House and two bills have been introduced in the Senate. But it's not clear how long the process of standing up a new VA safety net might take, or how many veterans will lose their homes in the meantime.

 

Smartphones are once again setting the agenda for justice as the Latino community documents ICE actions

 By 

 

It has been five years since May 25, 2020, when George Floyd gasped for air beneath the knee of a Minneapolis police officer at the corner of 38th Street and Chicago Avenue. Five years since 17-year-old Darnella Frazier stood outside Cup Foods, raised her phone and bore witness to nine minutes and 29 seconds that would galvanize a global movement against racial injustice.

Frazier’s video didn’t just show what happened. It insisted the world stop and see.

Today, that legacy continues in the hands of a different community, facing different threats but wielding the same tools. Across the United States, Latino organizers are raising their phones, not to go viral but to go on record. They livestream Immigration and Customs Enforcement raids, film family separations and document protests outside detention centers. Their footage is not merely content. It is evidence, warning – and resistance.

Here in Los Angeles where I teach journalism, for example, several images have seared themselves into public memory. One viral video shows a shackled father stepping into a white, unmarked van as his daughter sobs behind the camera, pleading with him not to sign any official documents. He turns, gestures for her to calm down, and blows her a kiss. In another video, filmed across town, Los Angeles Police Department officers on horseback charge into crowds of peaceful protesters, swinging wooden batons with chilling precision.

In Spokane, Washington, residents form a spontaneous human chain around their neighbors mid-raid, their bodies and cameras erecting a barricade of defiance. In San Diego, a video shows white allies yelling “Shame!” as they chase a car full of National Guard troops from their neighborhood.

The impact of smartphone witnessing has been immediate and unmistakable – visceral at street level, seismic in statehouses. On the ground, the videos helped inspire a “No Kings” movement, which organized protests in all 50 states on June 14, 2025.

Lawmakers are intensifying their focus on immigration policy as well. As the Trump administration escalates enforcement, Democratic-led states are expanding laws that limit cooperation with federal agents. On June 12, the House Oversight Committee questioned Democratic governors about these measures, with Republican lawmakers citing public safety concerns. The hearing underscored deep divisions between federal and state approaches to immigration enforcement

 

The legacy of Black witnessing

What’s unfolding now is not new – it is newly visible. As my research shows, Latino organizers are drawing from a playbook that was sharpened in 2020 and rooted in a much older lineage of Black media survival strategies that were forged under extreme oppression.

In my 2020 book “Bearing Witness While Black: African Americans, Smartphones and the New Protest Journalism,” I document how Black Americans have used media – slave narratives, pamphlets, newspapers, radio and now smartphones – to fight for justice. From Frederick Douglass to Ida B. Wells to Darnella Frazier, Black witnesses have long used journalism as a tool for survival and transformation.

Latino mobile journalists are building on that blueprint in 2025, filming state power in moments of overreach, archiving injustice in real time, and expanding the impact of this radical tradition.

Their work also echoes the spatial tactics of Black resistance. Just as enslaved Black people once mapped escape routes during slavery and Jim Crow, Latino communities today are engaging in digital cartography to chart ICE-free zones, mutual aid hubs and sanctuary spaces. The People Over Papers map channels the logic of the Black maroons – communities of self-liberated Africans who escaped plantations to track patrols, share intelligence and build networks of survival. Now, the hideouts are digital. The maps are crowdsourced. The danger remains.

Likewise, the Stop ICE Raids Alerts Network revives a civil rights-era tactic. In the 1960s, organizers used wide area telephone service lines and radio to circulate safety updates. Black DJs cloaked dispatches in traffic and weather reports – “congestion on the south side” signaled police blockades; “storm warnings” meant violence ahead. Today, the medium is WhatsApp. The signal is encrypted. But the message – protect each other – has not changed.

Layered across both systems is the DNA of the “Negro Motorist Green Book,” the guide that once helped Black travelers navigate Jim Crow America by identifying safe towns, gas stations and lodging. People Over Papers and Stop ICE Raids are digital descendants of that legacy. Where the Green Book used printed pages, today’s tools use digital pins. But the mission remains: survival through shared knowledge, protection through mapped resistance.

 

Dangerous necessity

Five years after George Floyd’s death, the power of visual evidence remains undeniable. Black witnessing laid the groundwork. In 2025, that tradition continues through the lens of Latino mobile journalists, who draw clear parallels between their own community’s experiences and those of Black Americans. Their footage exposes powerful echoes: ICE raids and overpolicing, border cages and city jails, a door kicked in at dawn and a knee on a neck.

Like Black Americans before them, Latino communities are using smartphones to protect, to document and to respond. In cities such as Chicago, Los Angeles and El Paso, whispers of “ICE is in the neighborhood” now flash across Telegram, WhatsApp and Instagram. For undocumented families, pressing record can mean risking retaliation or arrest. But many keep filming – because what goes unrecorded can be erased.

What they capture are not isolated incidents. They are part of a broader, shared struggle against state violence. And as long as the cameras keep rolling, the stories keep surfacing – illuminated by the glow of smartphone screens that refuse to look away.

Wednesday, June 18, 2025

The warmongers were wrong about Iraq, Afghanistan and Libya. Now watch them make the same mistake about Iran

 By 

Israel is the main source of terror and instability in the Middle East. But the west continually turns away from this reality

 

As the G7 issues a statement declaring that Israel has a “right to defend itself”, you have a right to ask if you are losing your mind. Israel launched an unprovoked onslaught on Iran. Its excuse – that Tehran may acquire a nuclear weapon – renders its attack illegal under the UN charter, which forbids wars justified by the claim of a future threat.

“Iran is the principal source of regional instability and terror,” declares the G7 statement. Even though Donald Trump’s intelligence chief testified three months ago that the US intelligence community “continues to assess that Iran is not building a nuclear weapon”. Even though it’s Israel that actually possesses nuclear weapons, while refusing to sign the nuclear non-proliferation treaty and refusing International Atomic Energy Agency inspections. Even though, as progress was being made in nuclear talks between Iran and the US, Israel targeted Iran’s chief negotiator and proceeded to exterminate scientists, including their families, alongside countless other civilians, including children, an athlete, a teacher, a pilates instructor. Even though Israel’s leader is subject to an arrest warrant, accused of war crimes and crimes against humanity. And even though Israel has erased Gaza in a genocidal frenzy, and subjected the illegally occupied and colonised West Bank to an escalating pogrom, attacked southern Lebanon and Beirut, and invaded and occupied Syria. No country in the Middle East is as great a source of regional instability and terror as Israel: it’s not even close.

 Yet even as polling shows that Britons overwhelmingly want no part in this literal crime, we hear the same tunes sung to demonise opponents of the latest carnage. Scottish politicians demanding peace “are siding with a mediaeval theocratic dictatorship”, declares former flagship BBC interviewer Andrew Neil. Recall how opponents of the Iraq, Afghanistan and Libya calamities were monstered as lackeys of Saddam Hussein, the Taliban and Muammar Gaddafi. Yet who, Mr Neil, was vindicated – catastrophically so?

 

Here is a tragedy paid with the blood of an estimated more than 4.5 million human souls – the combined number of direct and indirect deaths in the post-9/11 war zones, according to a Brown University study. There have been no reputational consequences for those who cheered on each calamity, allowing them to walk away whistling from each crime scene demanding yet more violence without shame. About six months before the Iraq invasion, and believing the war in Afghanistan to already be a great success, Neil wrote a column warning “the suburbs of Baghdad are now dotted with secret installations, often posing as hospitals or schools” which were developing chemical and biological weapons and, “most sinister of all, a renewed attempt to develop nuclear weapons”.

One sentence he deployed against advocates of peace should surely become the epitaph of the warmongers: “It is unclear how many more times they have to be wrong before we are released from the obligation to take them too seriously.” Benjamin Netanyahu, of course, shared his hubris, promising US Congress in 2002: “If you take out Saddam – Saddam’s regime – I guarantee you that it will have enormous positive reverberations on the region.”

No amount of objective failure can change their minds. This fanaticism can only be sustained by mocking reality itself. Unlike Israel, the Iranian regime “targets civilians”, says a prime minister accused of war crimes. At the same time, an Israeli military spokesperson brands Tehran a “terror regime” because of these killings. The concept of terrorism, in practice, has come to mean violence perpetrated by regimes and militants hostile to the west, used to portray such acts as illegitimate and immoral, unlike the vastly more lethal missiles and bullets of Tel Aviv and Washington.

Israel’s gall is something to behold. It has butchered tens of thousands of Palestinians in Gaza – mostly women and children – yet 24 Israelis killed by Iranian attacks apparently exposes the unique evil of Tehran’s regime. More than twice as many hungry Palestinians looking for food in Gaza were slaughtered in a single massacre by Israeli troops overnight: note how this mass killing receives the tiniest fraction of media attention. There is no attempt to disguise this hierarchy of death. A comprehensive new report on the BBC’s reporting of the Gaza genocide finds that each Israeli fatality received 33 times more coverage than each Palestinian. The west’s facilitation of Israel’s atrocities relies on treating Arab and Iranian lives as worthless.

Iran, too, of course, has a legal responsibility to avoid killing Israeli civilians. As Kenneth Roth, former Human Rights Watch director, observes: “Israel’s close intermingling of military and civilian sites makes it difficult to know what Iran is aiming its missiles at.” In Gaza, this was defined as using civilians as “human shields”, but no such standards are applied to Israel. This narrative was used to wipe Gaza from the face of the Earth, even as Israel used actual Palestinian human shields on an industrial scale.

You may indeed feel like you are losing your mind. After all, Israel’s military has reportedly committed every war crime under the sun. It attacked Iran without evidence or provocation. The same cheerleaders for past bloodbaths strut around advocating yet more slaughter as though recent history never happened, while opponents of dropping bombs on terrified civilians are once more smeared as dangerous extremists. Yet western states issue a statement portraying the genocidal, expansionist, nuclear-armed Israeli state as the victim, and our government refuses to rule out military support for Tel Aviv.

The truth is you are not losing your mind. The actual mad men are those in power. And unless they finally face a reckoning, the abyss awaits.

Tuesday, June 17, 2025

Immigration raids in Los Angeles hit small business owners: 'It's worse than COVID By Tim Reid and Kristina Cooke

 

LOS ANGELES, June 17 (Reuters) - Juan Ibarra stands outside his fruit and vegetable outlet in Los Angeles' vast fresh produce market, the place in the city center where Hispanic restaurateurs, street vendors and taco truck operators buy supplies every day.
On Monday morning, the usually bustling market was largely empty. Since Immigration and Customs Enforcement officials began conducting immigration raids more than a week ago, including at a textile factory two blocks away, Ibarra said business has virtually dried up.
 
His street vendor customers are at home in hiding, while restaurant workers are too scared to travel to the market to pick up supplies. Most of the market's 300 workers who are in the U.S. illegally have stopped showing up.
Ibarra, who pays $8,500 a month in rent for his outlet, which sells grapes, pineapples, melons, peaches, tomatoes and corn, usually takes in about $2,000 on a normal day. Now it's $300, if he's lucky. Shortly before he spoke to Reuters he had, for the first time since the ICE raids began, been forced to throw out rotten fruit. He has to pay a garbage company $70 a pallet to do that.
 
"It's pretty much a ghost town," Ibarra said. "It's almost COVID-like. People are scared. We can only last so long like this - a couple of months maybe."
Ibarra, 32, who was born in the U.S. to Mexican parents and is a U.S. citizen, is not alone in seeing President Donald Trump's crackdown on immigrants in the country illegally devastate his small business.
It's happening across Los Angeles and California, other business owners and experts say, and threatens to significantly damage the local economy.
A third of California's workers are immigrants and 40% of its entrepreneurs are foreign-born, according to the American Immigration Council.
The Trump administration, concerned about the economic impacts of his mass deportation policy, shifted its focus in recent days, telling ICE to pause raids on farms, restaurants and hotels.
 
The ICE raids triggered protests in Los Angeles. Those prompted Trump to send National Guard troops and U.S. Marines into the city, against the wishes of California's Democratic Governor Gavin Newsom.
Abigail Jackson, a White House spokeswoman, said violent protesters in Los Angeles had created an unsafe environment for local businesses. "It’s the Democrat riots - not enforcement of federal immigration law - that is hurting small businesses," Jackson told Reuters.

RESTAURANT SLUMP

The recent shift in focus by Trump and ICE has been no help for Pedro Jimenez, 62, who has run and owned a Mexican restaurant in a largely working class, Hispanic neighborhood in Los Angeles for 24 years.
Many in his community are so scared of ICE they are staying home and have stopped frequenting his restaurant. Jimenez, who crossed into the U.S. illegally but received citizenship in 1987 after former Republican President Ronald Reagan signed legislation granting amnesty to many immigrants without legal status, said he's taking in $7,000 a week less than he was two weeks ago.
 
Last Friday and Saturday he closed at 5 p.m., rather than 9 p.m., because his restaurant was empty.
"This is really hurting everybody's business," he said. "It's terrible. It's worse than COVID."
Andrew Selee, president of the non-partisan Migration Policy Institute, said the Trump administration began its immigration crackdown by focusing on people with criminal convictions. But that has shifted to workplace raids in the past two weeks, he said.
"They are targeting the hard working immigrants who are most integrated in American society," Selee said.
"The more immigration enforcement is indiscriminate and broad, rather than targeted, the more it disrupts the American economy in very real ways."
Across Los Angeles, immigrants described hunkering down, some even skipping work, to avoid immigration enforcement.
Luis, 45, a Guatemalan hot dog vendor who asked to be identified only by his first name for fear of being targeted by ICE, said he showed up this weekend at the Santa Fe Springs swap meet - a flea market and music event. He was told by others that ICE officers had just been there.
He and other vendors without legal immigration status quickly left, he said.
"This has all been psychologically exhausting," he said. "I have to work to survive, but the rest of the time I stay inside."
 

Monday, June 16, 2025

Military parade and No Kings protests: A split screen of a divided America by Frank Langfitt

 

WASHINGTON, D.C., and ANNAPOLIS, Md. — There are events that become a Rorschach test that brings out America's political and cultural divisions in bold relief. Saturday's military parade, which celebrated the U.S. Army's 250th anniversary and also fell on President Trump's birthday, was that kind of moment.

As the Trump administration geared up for the parade filled with tanks and armored personnel carriers rolling through the nation's capital, people in dozens of cities across the country protested the event as a politicization of the armed forces by a would-be autocrat.

The protests were called No Kings.

 

The 33-mile trip from one protest in Annapolis to the parade grandstand in front of the White House was like a journey between two different countries.

The crowds in Annapolis gathered in front of the colonial, red-brick Maryland State House around mid-morning. The people who came were largely white, and they held signs reading: "RESISTING THE CROWN SINCE 1776," and "I'M A VETERAN, NOT A SUCKER OR A LOSER," a reference to comments attributed to Trump disparaging American war-dead, which Trump has called "a total lie."

 

John Wells, a 76-year-old retired economist statistician with the federal government, said he supported the U.S. Army, but couldn't stand the parade.

"It's outrageous. We're not in Russia or North Korea … or China. That's the thing they do. It's also costing a lot of money and people's resources," Wells said of the price tag for the D.C. parade and surrounding events, estimated at $25 million to $45 million.

Speakers in Annapolis included labor union representatives, the leader of an immigrant advocacy group and a George Washington reenactor who wore a white wig and a blue waistcoat. Randy Goldberg, a 75-year-old retired nurse, played America's first president and delivered the speech Washington gave when he relinquished his military command there in 1783.

 "I retire from the great theater of action and bidding an affectionate farewell to this august body under whose orders I have so long acted, I hereby offer my commission and leave all the employments of public life," Goldberg said, channeling Washington as the crowd broke into applause.

 

The protesters' point was that Washington voluntarily gave up military power, while they say Trump was trying to accrue more by holding the parade on the National Mall with countless tons of military hardware.

Trump dismissed such criticism Saturday.

"Every other country celebrates their victories," Trump told the crowd in D.C. "It's about time that America did, too."

 

In fact, this was not a victory celebration, but a birthday party for the Army. The last time the U.S. held a similar parade was after the First Gulf War, in 1991.

Trump has attacked the patriotism of his critics and of journalists he doesn't like, saying, "They hate our country." Anticipating such an attack, speakers in Annapolis said protest is an act of patriotism, especially when the target is a president they say is trampling America's system of checks and balances.

"We have to own the flag. No one can tell us that we're not patriots," said Donna Edwards, president of the Maryland State & DC AFL-CIO, who addressed the Annapolis crowd wearing an American flag dress. "No one should say that because we're here, we hate America. We're fighting for America."

About 45 minutes to the west, many who attended the Army celebration also wore flag T-shirts, hats and shorts. The crowd was diverse and included military families whose members had immigrated to the U.S. from around the world, including Ecuador, El Salvador and Vietnam.

 The event in the nation's capital seemed at times like a cross between a military festival and an Army recruiting video. People lounged on the grass in the shadow of the Washington Monument. Amid the strains of Van Halen over the loudspeakers, tank drivers pumped their fists and revved their engines as they drove past cheering crowds down Constitution Avenue. Along the way, the announcer thanked the various corporate sponsors, including Lockheed Martin and Palantir, the data-mining firm that has a $30 million contract to help Immigration and Customs and Enforcement track migrants in the U.S.from around the world, including Ecuador, El Salvador and Vietnam.

 

The event in the nation's capital seemed at times like a cross between a military festival and an Army recruiting video. People lounged on the grass in the shadow of the Washington Monument. Amid the strains of Van Halen over the loudspeakers, tank drivers pumped their fists and revved their engines as they drove past cheering crowds down Constitution Avenue. Along the way, the announcer thanked the various corporate sponsors, including Lockheed Martin and Palantir, the data-mining firm that has a $30 million contract to help Immigration and Customs and Enforcement track migrants in the U.S.

The staging seemed designed to enhance the muscular image Trump likes to project. A pair of tanks sat in front of the grandstand from which the president watched. After his speech, Trump was presented with a traditionally folded U.S. flag — a gift usually reserved for the family members of fallen soldiers.

Some who attended the event — including a few who said they did not vote for Trump — dismissed criticism that the parade had authoritarian overtones.

"I think they've got this whole cloud over their head that Trump's this dictator when he's acting completely [within] the law," said Dennis Connelly, 19, who wore baggy American flag pants and had flown in from Knoxville, Tenn., for the event.

 

The president, too, took issue ahead of the parade with being described as a king. "I don't feel like a king," Trump said in advance of the parade. "I have to go through hell to get things approved."

His administration's actions have been mired in hundreds of lawsuits — and the courts have frequently blocked them from being implemented.

Connelly says he hopes to enlist in the Marines and serve in counterintelligence. While No Kings protesters criticized Trump for busting norms, Connelly sees that as a good thing.

 

"He's powerful, and he's kind of like those high school bullies. … And I just think that's wonderful," said Connelly. "We have to have a powerful president who's willing to push some boundaries."

Although Connelly is a fan of Trump's, he has doubts about some of the president's policies. He says allowing ICE agents to wear masks provides people the opportunity to impersonate them and commit crimes. He also says he doesn't think Trump has a complete understanding of tariffs.

"I think he's assuming that these companies are willing to pay them and not going to manipulate the public ... and add that on to [the] consumer price," said Connelly, who took his first airplane flight ever to come here.

The parade attracted many Trump voters, who gave the president a warm round of applause when he was introduced. A smattering sported MAGA gear. But most people NPR spoke to said they were there to celebrate the Army and see the tanks.

Well before the parade's end, thousands began heading out. As they exited onto Constitution Avenue, they were met by No Kings protesters.

"Trump is a Tyrant," read one sign. The paradegoers with whom an NPR reporter was walking made their way past the protesters and headed toward the Metro trains.

America's split-screen day had finally merged into a collective image of a divided people a half block from the White House, many unable or unwilling to talk to one another.

 

 


Wednesday, June 11, 2025

The Curious Case of the Disappearing Hydrox Cookies by Mark Dent

 

Oreo, the Hydrox knockoff, has been accused of burying its competitor by scoring sweetheart deals with grocers. Does it wield too much power over smaller rivals?

 

Audrey Peard is searching for an elusive, chocolatey piece of Americana: a package of Hydrox cookies. She’s visited multiple grocery stores near her home in the Bronx, followed a Facebook group, and even talked to a manager at a production facility in El Segundo, California, about supply shortages.

“Almost 30, 40 years I’ve been on the trail for Hydrox,” she says. “And it’s a dirty path, I tell you.”

Hydrox was the original chocolate sandwich cookie, predating Oreo. With a mildly sweet creme and a crunchier cookie that has a darker chocolate taste than its rival, Hydrox developed a reputation as the dessert of the discerning eater. It was, according to legendary food writer Calvin Trillin, the “far superior” cookie.

Yet Oreo’s dominance is unparalleled, accounting for roughly 10% of all cookies purchased in the US. Nabisco, the maker of Oreo (and a subsidiary of Mondelez Inc.), commands nearly 40% of the cookie market.

Hydrox, meanwhile, was discontinued in 2003. It came back in 2015 thanks to Leaf Brands, a San Diego-based company that specializes in reheated nostalgia. The company attempted to reintroduce Hydrox to America through deals with the likes of Kroger, Walmart.com, and smaller grocers.

Like almost anything else, you can buy Hydrox on Amazon (in bulk). But a regular package at a grocery store? Peard’s attempts to find them have fallen short, which she regularly vents about with her friends.

“We all blame it on recent MBA graduates,” she says, believing their optimization strategies don’t account for Hydrox’s loyal following.

If you believe the makers of Hydrox, however, the culprit might be their longtime foe: Oreo. The two have been deadlocked in competition for more than a hundred years, and Nabisco has been accused of everything from threatening wholesalers in the early 20th century to buying up grocery store shelves and elbowing out smaller companies today.

The underdog and the trust

In March 1912, the first batch of Oreos produced for sale was shipped from Nabisco’s six-story Romanesque-style headquarters in Manhattan to a grocer in Hoboken, New Jersey. It would’ve been a historic moment of American innovation if not for an inconvenient fact: Nabisco totally copied the cookie.

A smaller rival, Sunshine Biscuits (then known as The Loose-Wiles Biscuit Company), was started by in 1902. A couple decades earlier, the brothers had purchased a modest candy and cracker company in Kansas City, Missouri; renamed it after themselves; and built it into a regional power before merging it with the American Biscuit Company, a coalition of bakeries in the Midwest.

But this was the era of consolidation, monopolies, and trusts — corporate outfits created when multiple private firms merged to dominate a market. (Economists and reformers accused trusts of corrupt, anti-competitive behavior and contributing to rampant inequality.)

In 1898, the American Biscuit Company was subsumed into a new trust, the National Biscuit Company (known today as Nabisco), which gained control of ~90% of large US bakeries.

At the time of the Nabisco merger, Jacob Loose was ill and convalescing in Europe. He was cut out of the new trust. To exact revenge, Loose and his brother, along with business associate John Wiles, started Sunshine Biscuits.

Competing against Nabisco was no small feat. Although Nabisco lacked the utter dominance of infamous trusts like Standard Oil (unlike petroleum, families could always make their own desserts), it held massive distribution and advertising advantages and was accused of abusing its power in the grocery industry:

  • Starting in the early 20th century, wholesalers claimed Nabisco — the “Octopus of the Cracker World” — would gouge them if they didn’t exclusively offer Nabisco goods to their grocery store clients.
  • In the 1930s and 1940s, the Federal Trade Commission (FTC) investigated the company for discount agreements and price discrimination that encouraged wholesalers to purchase more Nabisco goods, harming its rivals and reducing competition. (The parties reached a settlement.)

Workers struggled, too. In the early years of Nabisco, the socialist newspaper the Coming Nation reported lockouts of unionized staff at several Nabisco plants. Union membership in the US bakery industry, according to the paper, declined from ~5k to a few hundred.

“Exploitation and trust crackers,” wrote the Coming Nation in 1913, “go hand in hand.”

 

Although Sunshine also had a spotty record for workers’ rights, the company became a check on Nabisco’s power — and a counter to the prevailing sentiment among business moguls that trusts benefited the country while competition was “ruinous.” In 1912, the Wall Street Journal described Sunshine, “an independent,” as an example of successful competition against “an alleged trust.”

In 1908, Sunshine created one of its most popular products, Hydrox.

  • According to company lore, the name stemmed from the elements of water — hydrogen and oxygen — chosen to symbolize the cookie’s cleanliness at a time when materials like chalk and plaster of Paris routinely appeared in baked goods.
  • Sunshine bragged that chemists tested Hydrox for purity and that workers made them at “thousand window” factories with natural light.

When Nabisco flexed its trust muscles by developing the Oreo, Sunshine doubled down: In 1912, the year Nabisco first sold its copycat creme cookie, Sunshine announced the construction of a $2m Queens factory to challenge Nabisco’s home base of New York City.

Hydrox also stood out against Oreo by promoting its more adult taste and kosher ingredients — in advertisements that bordered on erotic.

“Hydrox will delight any appetite at any time,” boasted one ad from 1925. Another, in 1929, seemed clipped from a romance novel. “Imprisoned between the two chocolate cookies of Sunshine, Hydrox is the purest, snow-white velvety cream in all the cookie world.”

It’s unclear how Hydrox and Oreo compared in sales for most of the 20th century. Newspapers shared the financials of Nabisco and Sunshine every year, but, sadly, they didn’t have cookie reporters to offer deeper analysis.

But I do have an insider’s account: My family helped make Hydrox.

Boom and bust for Sunshine Biscuits

Sometime around 1950, a Sunshine Biscuits factory opened in Kansas City, Kansas. My great-aunt Mildred Podry started working there. She clocked in from 3pm to midnight and eventually rose to supervisor.

Mildred handled quality control. She observed and guided other women who sorted Hydrox cookies coming off a conveyor belt. Cookies with physical defects were discarded — and often taken home by Mildred to share for desserts.

Later, my dad, uncle, and aunt spent summers working at the factory, too. My dad recalled Hydrox being “every bit as big or bigger than Oreo. You’d see Hydrox at the store on the shelves. There would be Oreos, but Hydrox would stand out.”

 

I heard the same from other Hydrox fans I interviewed — that in the ’50s, ’60s, and ’70s Hydrox and Oreo were more like Pepsi and Coke than Bing and Google. The market share wasn’t necessarily equal, but each cookie had a sizable fan base and presence.

“[Hydrox] were the cookies we had when I was a little kid,” says Jeannette Cooperman, a St. Louis resident. “Oreos came later, and they were weird.”

At the Key Food where Francine Hamilton shopped growing up in New York City, the store had a huge section of Hydrox.

“I don’t even remember an Oreo when I was a kid,” she says.

There are some numbers to back up Hydrox’s popularity: As Sunshine ascended through the first half of the 20th century, its sales grew from ~25% of Nabisco’s in the early 1900s ($11.7m vs. $45m) to ~40% by the early 1960s ($207.9m vs. ~$500m).

 

But that was as close as Sunshine would get. Nabisco’s power, and deep coffers, lifted the company as television ushered in a golden age for advertising.

Messages geared to children gave Oreo a youthful edge, while Hydrox, when it advertised at all, continued to tout its superior (and kosher) taste to adults, failing to capture the younger audience driving more consumer decisions.

There were other missteps: Sunshine’s sale to American Tobacco Company in 1966; its fumbled attempt to create a cartoon baker mascot that led Pillsbury to claim copyright infringement of its famed doughboy; and a Hydrox recipe adjustment and rebrand in the ’90s.

Scant available sales reports showed a 4-to-1 sales advantage for Oreo in the 1980s, when it celebrated its 75th anniversary with a $1m sweepstakes and a bash at the Waldorf Astoria hotel — as potent a symbol for Gilded Age, trust-era excess as any. (When Hydrox turned 75, in 1983, all Sunshine did was ask fans to mail them a proof of purchase; in return, the company sent back 75 cents.)

By the ’90s, Hydrox was an afterthought, losing out to Oreo by a 20x margin. Its adherents were limited to:

  • The thrifty (Hydrox was now consistently the cheaper option)
  • The kosher (until Oreo removed animal fat from its recipe)
  • The obsessively loyal (like my family)
  •  
  •  Keebler purchased Sunshine in 1996 before getting acquired by Kellogg, which discontinued the brand in 2003.

    In its final years, Hydrox couldn’t even talk up its status as the original.

    “According to our research,” a Keebler spokeswoman explained at the time, “not only is that claim [of Hydrox predating Oreos] not meaningful to consumers, it’s not even credible. People don’t believe it — they think Hydrox are the knockoff of Oreos, not the other way around.”

    With Hydrox gone, loyal fans scoured shelves for their favorite cookie, sharing stories online. One person claimed they spotted a crushed Hydrox in a scoop of Edy’s ice cream. Another believed Delta had a stash it served on flights.

    Ellia Kassoff, a longtime kosher fan of Hydrox, figured out a way to bring the cookie back. His company, Leaf Brands, petitioned the federal government to secure the unused Hydrox trademark from Kellogg and resurrected Hydrox in 2015, swapping high fructose corn syrup for natural sugar and otherwise mostly sticking to the original recipe.

    But the feel-good story didn’t last long. According to Leaf Brands, a buyer for a major grocery chain gave them a warning in 2018: “Mondelez is going to hide your cookies all over our stores to make sure you don’t get any sales.”

    Category captains

    The grocery store is not the meritocracy you might imagine. Many shelves are governed not by supply and demand but rather, says Matthew Simon, by “big manufacturers making backroom deals with retailers to purchase shelf space.”

    As deputy litigation director for the Center for Science in the Public Interest, Simon has researched anti-competitive practices in retail. One way these manufacturers score top positions, he says, is through category captain arrangements, which gained popularity in the ’90s.

    Basically, retailers get paid to have a major manufacturer in a food or drink category advise them how to stock, place, and price the various products within that company’s category.

    Supporters for the arrangements believe the dominant manufacturer has the best insights into the category, leading to efficient usage of shelf space that benefits grocery stores and other manufacturers. In a 2000 Food Marketing Institute survey of retailers and wholesalers, 76% of respondents described category captain arrangements as essential.

    But the potential downside is obvious: A category captain has an opportunity to stifle its competitors.

    When former commissioner of the FTC Thomas B. Leary first learned about category captains, he wrote that the concept set off “every antitrust alarm.” A 2021 study by Xinrong Zhu revealed that category captains benefited significantly while competitors dealt with increased competition for shelf space and revenue losses.

    But the pervasiveness of category captain arrangements and how they work is a closely guarded industry secret. Few academic studies have been devoted to the subject, and the FTC and Congress haven’t held hearings on them since the late ’90s and early 2000s. (At one congressional hearing, two witnesses testifying against category captains demanded anonymity and had their voices scrambled out of fear of retaliation.)

    Leaf Brands has been a rare outspoken manufacturer against the practice.

  • It asked the FTC in 2018 and in 2021 to examine whether Mondelez used its role as a category captain to “quell nascent competition from Hydrox by implementing its bag of dirty tricks.” (Mondelez did not respond to a request for comment from The Hustle.)
  • Citing testimony from anonymous grocery store wholesalers and customers, Leaf Brands said Mondelez influenced employees and contractors to hide Hydrox packages on retailers’ shelves and gave incorrect sales data on Hydrox to convince retailers to stop selling the product.
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    Where the FTC stands on this is unclear. The group did not respond to an interview request. And when I filed a Freedom of Information Act request for a copy of the 2021 complaint, the FTC said it didn’t have any records regarding a complaint from Leaf Brands about Mondelez.

    Simon still sees potential change on the horizon, just not because of Hydrox. In late 2021, the FTC announced an inquiry into supply chain disruptions at major retailers. Although empty shelves and rising prices led to the investigation, the stores may also have to answer questions about their category captain arrangements.

    The search continues

    For now, Hydrox remains a tough cookie to find — whether it’s because of the influence of Mondelez; the limitations on Leaf Brands to promote, produce, and sell Hydrox; or the fact that most people under the age of 30 have likely never tasted a Hydrox cookie.

  • In 2018, Kroger dropped Hydrox from its stores, according to Leaf Brands.
  • In 2023, customers complained of delays and shortages for bulk Hydrox packages on Amazon, one of the few reliable places to find Hydrox.
  • Hydrox fans have posted that they can’t find Hydrox at regional and local stores where Leaf Brands have claimed the cookies are available. (Leaf Brands did not respond to interview requests.)
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    According to Hydrox fans, Cracker Barrel, which has nearly 700 US locations, is one of the most reliable places to find the cookies at a physical store.

    Oreo, meanwhile, remains ubiquitous. Last month at one of my local supermarkets, the cookie aisle featured eight shelves filled with Oreo variations. There wasn’t a Hydrox in sight.

    For Peard, the New Yorker, her quest to find a package of Hydrox continues.

    This month she said she had a dental appointment in the far south of Brooklyn and made a note in her calendar to shop at the neighborhood kosher grocery stores. She wants to find Hydrox — as well as the answer to a larger question she believes lies at the heart of Hydrox’s long, hopeless battle with Oreo.

    “Where is the market,” Peard says, “for us people who like good things?”