Nine Things a Woman Couldn’t Do in 1971

As we barrel toward the centennial celebration of women's suffrage in the United States, it’s not enough to bone up on the platforms of female primary candidates (though that’s an excellent start).

A Twitter user and self-described Old Crone named Robyn recently urged her fellow Americans to take a good long gander at a list of nine freedoms women in the United States were not universally granted in 1971, the year Helen Reddy released the soon-to-be anthem, "I Am Woman," above.




Even those of us who remember singing along as children may experience some shock that these facts check out on Snopes.

  1. CREDIT CARDS: Prior to the Equal Credit Opportunity Act of 1974, married women couldn’t get credit cards without their husbands' signatures. Single women, divorcees, and widows were often required to have a man cosign. The double standard also meant female applicants were frequently issued card limits up to 50% lower than that of males who earned identical wages.
  2. PREGNANT WORKERS: The Pregnancy Discrimination Act of 1978 protected pregnant women from being fired because of their impending maternity. But it came with a major loophole that’s still in need of closing. The language of the 41-year-old law stipulates that the employers must accommodate pregnant workers only if concessions are being made for other employees who are “similar in their ability or inability to work.”
  3. JURY DUTY: In 1975, the Supreme Court declared it constitutionally unacceptable for states to deny women the opportunity to serve on juries. This is an arena where we've all come a long way, baby. It’s now completely normal for men to be excused from jury duty as the primary caregivers of their young children.
  4. MILITARY COMBAT: In 2013, former Secretary of Defense Leon Panetta and former Chairman of the Joint Chiefs of Staff, General Martin Dempsey announced that the Pentagon was rescinding the direct combat exclusion rule that barred women from serving in artillery, armor, infantry and other such battle roles. At the time of the announcement, the military had already seen more than 130 female soldiers killed, and 800 wounded on the frontlines in Iraq and Afghanistan.
  5. IVY LEAGUE ADMISSIONS: Those who conceive of elite colleges as breeding grounds for sexual assault protests and Title IX activism would do well to remember that Columbia College didn’t admit women until 1983, following in the marginally deeper footsteps of others in the Ivy League—Harvard (1977), Dartmouth (1972), Brown (1971), Yale (1969), and Princeton (1969). These days, single sex higher education options for women far outnumber those for men, but the networking power and increased earning potential an Ivy League degree confers remains the same.
  6. WORKPLACE HARASSMENT: In 1977, women who'd been sexually harassed in the workplace received confirmation in three separate trials that they could sue their employers under Title VII of the 1964 Civil Rights Act. In 1998, the Supreme Court ruled that same-sex harassment was also unlawful. In between was the television event of 1991, Anita Hill’s shocking testimony against her former boss, U.S. Supreme Court justice (then nominee) Clarence Thomas.
  7. SPOUSAL CONSENT: In 1993, spousal rape was officially outlawed in all 50 states. Not tonight honey, or you'll have a headache in the form of your wife's legal back up.
  8. HEALTH INSURANCE: In 2010, the Patient Protection and Affordable Care Act decreed that any health insurance plan established after March of that year could not charge women higher premiums than men for identical benefits. This was bad news for women who got their health insurance through their jobs, and whose employers were grandfathered into discriminatory plans established prior to 2010. Of course, that's all ancient history now.
  9. CONTRACEPTIVES: In 1972, the Supreme Court made it legal for all citizens to possess birth control, irrespective of marital status, stating "if the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child." (It’s worth noting, however, that in 1972, states could still constitutionally prohibit and punish sex outside of marriage.)

Feminism is NOT just for other women.

- Old Crone

Via Kottke

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Ayun Halliday is an author, illustrator, theater maker and Chief Primatologist of the East Village Inkyzine.  Join her in NYC on Monday, October 7 when her monthly book-based variety show, Necromancers of the Public Domaincelebrates the art of Aubrey Beardsley. Follow her @AyunHalliday.

Harvard Gives Free Online Access to 40 Million Pages of U.S. Case Law: Explore 6.4 Million Cases Dating Back to 1658

There was a time—a strange time in pop culture history, I’ll grant—when legal dramas were everywhere in television, popular fiction, and film. Next to the barn-burning courtroom set pieces in A Few Good Men and A Time to Kill, for example, scenes of lawyers poring over case law with loosened ties, high heels kicked off, and martinis and scotches in hand were rendered with maximum dramatic tension, despite the fact that case law is a nigh unreadable jumble of jargon, citations, archaic diction and syntax, etc… anything but brimming with cinematic potential.

Do law students and legal scholars disagree with this assessment? It’s beside the point, many might say. The centuries-old web of case law—reinforcing, contradicting, overturning, creating patterns and structures—is the very stuff the law is made of.




It’s a referential tradition, and when most of the documents are in the hands of only a few people, only those people understand why the law works the way it does. The rest of us are left to wonder why the legal system is so Byzantine and incomprehensible. Real life rarely has the clarity of a satisfying courtroom drama.

Last year, The Harvard Crimson reported a seemingly revolutionary shift in that dynamic, when Harvard Law’s Caselaw Access Project “digitized more than 40 million pages of U.S. state, federal, and territorial case law documents from the Law School library,” dating back to 1658.  The Crimson issued one caveat: the full database is accessible to the public, but “users are limited to five hundred full case texts per day.” Plan your intense, scotch-soaked all-nighters accordingly.

Is this altruism, civic duty, a move in the right direction of freeing publicly funded research for public use?  Several Harvard Law faculty have said as much. “Case law is the product of public resources poured into our court system,” writes Professor I. Glenn Cohen. “It’s great that the public will now have better access to it.” It is indeed, Professor Christopher T. Bavitz says: “If we want to ensure that people have access to justice, that means that we have to ensure that they have access to cases. The text of cases is the law.”

The law is not a set of abstract principles, theories, or rules, in other words, but a series of historical examples, woven together into a social narrative. Machines can analyze data from The Caselaw Access Project far faster and more efficiently than any human, giving us broader views of legal history and precedent, and greatly expanding public understanding of the system. Harvard’s Library Innovation Lab has itself already created several apps for just this purpose.

There’s California Wordclouds, which shows the most-used words in California caselaw between 1852 and 2015, and Witchcraft in Caselaw, which does what it says, with an interactive map of all appearances of witchcraft in cases across the country. There’s “Fun Stuff” too, like a Caselaw Limerick Generator, a visual database that analyzes colors in case law, and “Gavelfury,” which analyzes “all instances of ‘!,’” giving us gems like “Do you remember if it was murder!” from Bowling v. State, 229 Ark. 876 (Dec. 22, 1958).

One new graphing tool, Historical Trends, announced in June, makes it easy for users to “visualize word usage in court opinions over time,” writes the Library Innovation Lab. (Examples include comparing the “frequency of ‘compensatory damages’ and ‘punitive damages’ in New York and California” and comparing “privacy” with “publicity.”) Anyone can build their own data visualization using their own search terms. (Learn how and get started here.) Case law may never be glamorous, exactly, or fun to read, but it may be far more interesting, and empowering, than we imagine.

Be aware that the Caselaw Access Project could still find ways to restrict or monetize access, for a short time, at least. “The project was funded partly through a partnership with Ravel, a legal analytics startup founded by two Stanford Law School students,” reports the Crimson. The company “earned ‘some commercial rights’ through March 2024 to charge for greater access to files.” The startup has issued no word on whether this will happen. In the meantime, public interest legal scholars may wish to do their own digging through this trove of caselaw to better understand the public’s right to information of all kinds.

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Josh Jones is a writer and musician based in Durham, NC. Follow him at @jdmagness

Watch Seder-Masochism, Nina Paley’s Animated, Feminist Take on the Passover Holiday: The Animated Feature Film Is Free and in the Public Domain

Seder-Masochism, copyright abolitionist Nina Paley’s latest animated release, is guaranteed to ruffle feathers in certain quarters, though the last laugh belongs to this trickster artist, who shares writing credit with ”God, Moses or a series of patriarchal males, depending on who you ask.”

Bypassing a commercial release in favor of the public domain goes a long way toward inoculating the film and its creator against expensive rights issues that could arise from the star-studded soundtrack.

It also lets the air out of any affronted parties’ campaigns for mass box office boycotts.




“The criticism seems equally divided between people that say I’m a Zionist and people that say I’m an anti-Zionist,” Paley says of This Land Is Mine, below, a stunning sequence of tribal and inter-tribal carnage, memorably set to Ernest Gold’s theme for the 1960 epic Paul Newman vehicle, Exodus.

Released as a stand-alone short, This Land Is Mine has become the most viewed of Paley’s works. She finds the opposing camps’ equal outcry encouraging, proof that she’s doing “something right.”

More bothersome has been University of Illinois Associate Professor of Gender Studies Mimi Thi Nguyen’s social media push to brand the filmmaker as transphobic. (Paley, no fan of identity politics, states that her “crime was, months earlier, sharing on Facebook the following lyric: 'If a person has a penis he’s a man.'”) Nguyen’s actions resulted in the feminist film’s ouster from several venues and festivals, including Ebertfest in Paley’s hometown and a women’s film festival in Belgium.

What would the ancient fertility goddesses populating both art history and Seder-Masochism have to say about that development?

In Seder-Masochism, these goddess figures, whom Paley earlier transformed into a series of free downloadable GIFs, offer a mostly silent rebuke to those who refuse to acknowledge any conception of the divine existing outside patriarchal tradition.

In the case of Assistant Professor Nguyen, perhaps the goddesses would err on the side of diplomacy (and the First Amendment), framing the dust-up as just one more reason the public should be glad the project's lodged in the public domain. Anyone with access to the Internet and a desire to see the film will have the opportunity to do so. Called out, maybe. Shut down, never.

The goddesses supply a depth of meaning to this largely comic undertaking. Their ample curves inform many of the patterns that give motion to the animated cutouts.

Paley also gets a lot of mileage from replicating supernumerary characters until they march with ant-like purpose or bedazzle in Busby Berkeley-style spectacles. Not since Paul Mazursky’s Tempest have goats loomed so large in cinematic choreography…

Paley’s use of music is another source of abiding pleasure. She casts a wide net—punk, disco, Bulgarian folk, the Beatles, Free to Be You and Me—again, framing her choices as parody. "Hail, Hail, the Gang’s All Here" accompanies the seventh plague of Egypt (don’t bother looking it up. It’s hail.) Ringo Starr’s famous "Helter Skelter" aside (“I’ve got blisters on my fingers!”) boils down to an apt choice for plague number six. (If you have to think about it…)

The elements of the Seder plate are listed to the strains of "Tijuana Taxi" because… well, who doesn’t love Herb Alpert and the Tijuana Brass?

Paley’s own religious background is of obvious interest here, and as with her previous feature, Sita Sings the Blues—also in the public domain—the autobiographical element is irresistible. A 2011 audio recording provides the excuse to portray her father, Hiram, who died the year after the interview was conducted, as a Monty Python-esque God. The senior Paley was raised in an observant Jewish household, but lost faith as a young man. An atheist who wanted his children to know something of their heritage, Passover was the one Jewish holiday he continued to celebrate. (He also forbade the kids from participating in any sort of secular Christmas activities.)

A wistful God with the complexion of a dollar bill, Hiram is at times surrounded by putti, in the form of his parents, his contentious Uncle Herschel, and his own sweet younger self.

For these scenes, Paley portrays herself as a spirited “sacrificial goat.” This character finds an echo at film’s end, when “Chad Gadya,” the traditional Passover tune that brings the annual seder to a rollicking conclusion, is brought to life using embroidermation, a form Paley may or may not have invented.

Perhaps Paley’s most subversive joke is choosing Jesus, as depicted in Juan de Juanes’ 1652 painting, The Last Supper, to deliver an educational blow-by-blow of Passover ritual.

Actually, much like Audrey Hepburn in My Fair Lady and Natalie Wood in West Side Story, Jesus was ghost-voiced by another performer—Barry Gray, narrator of the midcentury educational recording The Moishe Oysher Seder.

As you may have gleaned, Paley, despite the clean elegance of her animated line, is a maximalist. There’s something for everyone (excepting, of course, Mimi Thi Nguyen)—a gleaming golden idol, a ball bouncing above hieroglyphic lyrics, actual footage of atrocities committed in a state of religious fervor, Moses’ brother Aaron—a figure who’s often shoved to the sidelines, if not left outright on the cutting room floor.

We leave you with Paley’s prayer to her Muse, found freely shared on her website:

Our Idea

Which art in the Ether

That cannot be named;

Thy Vision come

Thy Will be done

On Earth, as it is in Abstraction.

Give us this day our daily Spark

And forgive us our criticisms

As we forgive those who critique against us;

And lead us not into stagnation

But deliver us from Ego;

For Thine is the Vision

And the Power

And the Glory forever.

Amen.

Watch Seder-Masochism in its entirety up top, or download it here. Purchase the companion book here.

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Ayun Halliday is an author, illustrator, theater maker and Chief Primatologist of the East Village Inky zine.  Join her in New York City for the next installment of her book-based variety show, Necromancers of the Public Domain, this April. Follow her @AyunHalliday.

Acclaimed Ruth Bader Ginsburg Documentary, RBG, Airing Tonight on CNN

Although still playing in cinemas throughout the country, the new Ruth Bader Ginsburg documentary--simply called RBG--will air tonight (Sunday) on CNN. Tune in at 8 p.m. Here's a quick synopsis:

At the age of 84, U.S. Supreme Court Justice Ruth Bader Ginsburg has developed a breathtaking legal legacy while becoming an unexpected pop culture icon. But without a definitive Ginsburg biography, the unique personal journey of this diminutive, quiet warrior's rise to the nation's highest court has been largely unknown, even to some of her biggest fans – until now. RBG is a revelatory documentary exploring Ginsburg 's exceptional life and career from Betsy West and Julie Cohen.

Writing in the New York Times, film critic A.O. Scott observes that the "movie’s touch is light and its spirit buoyant, but there is no mistaking its seriousness or its passion. Those qualities resonate powerfully in the dissents that may prove to be Justice Ginsburg’s most enduring legacy, and RBG is, above all, a tribute to her voice." Watch it tonight...

Would you like to support the mission of Open Culture? Please consider making a donation to our site. It's hard to rely 100% on ads, and your contributions will help us continue providing the best free cultural and educational materials to learners everywhere.

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Free: Download 10,000+ Master Drawings from The Morgan Library & Museum’s Online Collection

It’s hard for the casual browser to know where to begin with a collection as vast as the master drawings belonging to the Morgan Library & Museum.

The Library’s Drawings Online program gives the public free access to over 10,000 downloadable images, drawn primarily from—and in—the fifteenth through nineteenth centuries. Many images are fleshed out with inscriptions, information on provenance, biographical sketches of the artist, and, in over 2000 instances, images of the verso, or flip side of the paper.

Researchers and similarly informed seekers can browse by artist or school, but what if you don’t quite know what you want?




You could tour the highlights, or better yet, bushwhack your way into the unknown by entering a random word or phrase into the “search drawings” function.

Knowing that the internet is crazy for cats, I made that my first search term, but the results were skewed by an 18th-century Dutch artist named Jacob Cats, whose work abounds with cows and sheep.

Caricaturist Al Hirschfeld’s portrait of Kathleen Turner in the 1990 Broadway revival of Tennessee Williams’ Cat on a Hot Tin Roof  is unavailable for viewing due to copyright restrictions. (It’s easily viewable elsewhere…)

And the Where’s Waldo-esque excitement I felt upon an anonymous artist’s Mountain Landscape with Italian-Style Cloister faux-Bruegel dissipated when I realized this return owed more to the abbreviation of “catalogue” than any feline lurking in the pen-and-ink trees.

Next I entered the word “babies.” I’m not sure why. There certainly were a lot of them, almost as many as I encounter on Facebook.

Returning to the pre-selected highlights page, I resolved to let the experts pick for me. I saw a charming rabbit family by John James Audubon and the old favorite by William Blake, top, but what really grabbed me was the first page's final selection: Honoré Daumier’s Two Lawyers Conversing, circa 1862.

Part of the Morgan's recently closed Drawn to Greatness: Master Drawings from the Thaw Collection exhibit, the subjects' dress may be archaic, but their expressions are both humorous and evergreen. Lawyer. I had my search term.

My favorite of the seven search results is illustrator Edmund J. Sullivan’s Soumin an' Roumin from 1914. One of a dozen or so drawings Sullivan made for an updated edition of George Outram's Legal and Other Lyrics, it shows "an old woman in a farmyard surrounded by livestock fleeing three monstrous lawyers wearing wigs and robes and armed with hideous talons instead of hands and feet. One … chases a cow with a scourge, the thongs of which end in scorpions.”

Download that one for all your lawyer friends or your lawyer spouse… upload it to a t-shirt if you’re crafty.

Claud Lovat Fraser’s set design for Pergolesi's short comic opera La Serva Padrona (or The Maid Turned Mistress) at the Lyric Hammersmith doesn’t depict any lawyers, to the best of my knowledge, but he himself was one—also a caricaturist, lampooning the literary and theatrical luminaries of his day, and a soldier whose life was cut short due to exposure to gas in World War I.

In addition to the Morgan’s particularly well-fleshed-out artist bio for this work, the verso is a treat in the form of a printed announcement for the Chelsea Arts Club Costume Ball.

Browse the Morgan Library & Museum’s Drawings Online in its entirety here, or narrow it down by artist, School of Art, or personal whim.

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Ayun Halliday is an author, illustrator, theater maker and Chief Primatologist of the East Village Inky zine.  Join her New York City  on February 8, when she hosts Necromancers of the Public Domain, a variety show born of a single musty volume - this month: Masterpieces in Colour, Basten-Lepage. Follow her @AyunHalliday.

Download Theft! A History of Music, a New Free Graphic Novel Exploring 2,000 Years of Musical Borrowing

From the team behind the 2006 fair use comic Bound by Law comes a new fair use comic, Theft! A History of MusicCreated by James Boyle and Jennifer Jenkins, two law school profs from Duke University, Theft! A History of Music is "a graphic novel laying out a 2000-year long history of musical borrowing from Plato to rap." The book's blurb adds:

This comic lays out 2000 years of musical history. ... Again and again there have been attempts to police music; to restrict borrowing and cultural cross-fertilization. But music builds on itself. To those who think that mash-ups and sampling started with YouTube or the DJ’s turntables, it might be shocking to find that musicians have been borrowing – extensively borrowing – from each other since music began. Then why try to stop that process? The reasons varied. Philosophy, religion, politics, race – again and again, race – and law. And because music affects us so deeply, those struggles were passionate ones. They still are.

The history in this book runs from Plato to Blurred Lines and beyond. You will read about the Holy Roman Empire’s attempts to standardize religious music using the first great musical technology (notation) and the inevitable backfire of that attempt. You will read about troubadours and church composers, swapping tunes (and remarkably profane lyrics), changing both religion and music in the process. You will see diatribes against jazz for corrupting musical culture, against rock and roll for breaching the color-line. You will learn about the lawsuits that, surprisingly, shaped rap. You will read the story of some of music’s iconoclasts – from Handel and Beethoven to Robert Johnson, Chuck Berry, Little Richard, Ray Charles, the British Invasion and Public Enemy.

To understand this history fully, one has to roam wider still – into musical technologies from notation to the sample deck, aesthetics, the incentive systems that got musicians paid, and law’s 250 year struggle to assimilate music, without destroying it in the process. Would jazz, soul or rock and roll be legal if they were reinvented today? We are not sure. Which as you will read, is profoundly worrying because today, more than ever, we need the arts.

All of this makes up our story. It is assuredly not the only history of music. But it is definitely a part – and a fascinating part – of that history...

Released under a Creative Commons license, the book is free to download online. Or you can buy a nice paperback version on Amazon.

The video above offers another introduction to the graphic novel. And you can read an interview with the authors over on the Creative Commons website.

Would you like to support the mission of Open Culture? Please consider making a donation to our site. It's hard to rely 100% on ads, and your contributions will help us continue providing the best free cultural and educational materials to learners everywhere.

Also consider following Open Culture on Facebook and Twitter and sharing intelligent media with your friends. Or sign up for our daily email and get a daily dose of Open Culture in your inbox. 

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What Is Fair Use?: A Short Introduction from the Maker of Everything is a Remix

Back in 2010, we began featuring a series of videos from filmmaker Kirby Ferguson. Called Everything is a Remix, the four-part video series explored the idea that (to quote from one of my earlier posts) "great art doesn’t come out of nowhere. Artists inevitably borrow from one another, drawing on past ideas and conventions, and then turn these materials into something beautiful and new." That applies to musicians, filmmakers, technologists, and really anyone in a creative space.

If you would like to watch the original series in its totality, I would refer you to the video below. Above, you can now watch a new Kirby Ferguson video that delves into the concept of Fair Use--a concept defined by the Stanford Copyright and Fair Use website essentially as "any copying of copyrighted material done for a limited and 'transformative' purpose, such as to comment upon, criticize, or parody a copyrighted work." They go on to say:  "Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an infringement."

Needless to say, fair use is an important concept if you're making your own videos on Youtube, or if you're a teacher using media in the classroom.

By the end of his short video, if you're still not clear what Ferguson means by Fair Use, you're in luck. He's giving you the opportunity to submit questions to be answered by "a real live lawyer in a follow up video." He also includes extra resources at the end of the segment.

Would you like to support the mission of Open Culture? Please consider making a donation to our site. It's hard to rely 100% on ads, and your contributions will help us continue providing the best free cultural and educational materials to learners everywhere.

Also consider following Open Culture on Facebook and Twitter and sharing intelligent media with your friends. Or sign up for our daily email and get a daily dose of Open Culture in your inbox. 

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