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¡Si Se Puede!�� César Chávez, Dolores Huerta, and the 1^st Amendment

How to use this Presentation

These slides are a guide to help support your presentation to students grades 6-12. You may customize using the facts contained in the notes, and/or use your own knowledge to support the lesson. �

When you meet with the teacher to plan the visit, make sure to discuss how well students understand the foundation of our government. The presentation should be adapted to prioritize teaching about the three branches of government, the U.S. Constitution, and the courts. Some classrooms may require you spend more time explaining checks and balances, judicial review, the role of a judge. The teacher will share with you where the class is as far as understanding these topics.

The teacher may use this first slide to introduce the students to the topic before you appear. When you appear, the presentation should be turned off. Introduce yourself in your own words.

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César Chávez Day

March 31

Dolores Huerta Day �April 10

California Celebrates:

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Slide Point: Recap what the students shared. Emphasize the fact they were organizers from different backgrounds. But they shared the same values. Their paths crossed as César left the fields for organizer work, and Dolores left teaching to do the same. It turned out they shared a mutual vision and passion for service. César grew increasingly frustrated with the injustice he saw in the farm working communities.

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Explain the purpose of your visit is to talk about how the two used their civil rights to spark a movement, the role the courts played, and how one case in particular went all the way to the highest court in the state, the California Supreme Court.

First, you have to go to their roots. Reveal who they were and the times they were living in as young organizers.

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Boyle Heights Neighborhood�Los Angeles, CA

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“We have to start the union. Farm workers will never have a union unless you and I do it.”

Slide Point: César saw Dolores as his partner, an equal when he said, “unless you and I do it.” He knew other attempts to organize farm labor in the past were unsuccessful and had turned violent. This was 1962, César and Dolores were following the civil rights movement, both inspired by the work of Martin Luther King, Jr. and other leaders promoting peace and equality. They called themselves National Farm Worker Association (at first)

Fact/Note:

They chose the word “association” instead of Union because they realized growers would react strongly against a union, as would workers who would be reluctant to join out of fear of retaliation from their employers.
When they formed the National Farm Workers Association (later called the UFW), they agreed that he would be the public face of the union and she would handle the logistics.

Play one of the two videos. Both are very brief. ��The “Biography” (next slide) leans more towards César’s background and desire to fight for the farm workers. Script: before we get to the case, let’s take a look at this brief video to help us understand César’s motivation for starting a union.

The second video, students may enjoy as the music will move you! Features movements of the day, peaceful demonstrations, with Dolores Huerta explaining. Wait until Slide 7, it is linked there in the notes. �

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“You had this ambience all around you that you could really change the world” �--Dolores Huerta on the 1960’s

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The First Amendment

Speech, religion, press,

assembly, and the right to

petition the government.

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The Constitution �of the United States of America

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What is it?

The U.S. Constitution set up a new government and listed our basic rights and freedoms. The first few sentences of the Constitution are well known by many, “We the People…in Order to form a more perfect Union…”

March 4, 1789

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Three Branches

EXECUTIVE

JUDICIAL

LEGISLATIVE

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The Judicial Branch decides when a law has been broken:

This is the Seal of the Supreme Court

Every case begins here at the Superior Court (County Court)

To appeal for another opinion, the case may be heard by the Court of Appeal

The state Supreme Court is the highest court

Slide Point: Explain the tiered STATE court system.

Script:

Does anyone know WHY Lady Justice is depicted blindfolded and holding a scale and sword?

1) The Blindfold is said to represent “impartiality.” The ideal that justice should be applied fairly regardless of one’s wealth (socio-economic status), power, race, gender or nationality.

2) The Scales have come to represent the process of weighing evidence in making decisions and/or treating evidence in a fair and balanced manner.

3) The Sword symbolizes power and enforcement of the law which is transparent for all to see.

Facts & Notes:

Court levels: 3
Trial courts: 58—one in each county. They receive close to 6 million filings annually.
Court of Appeal districts: 6 districts receive 18,000 filings
Highest court: California Supreme Court, there is only one. There are 7 justices, one of them is the Chief Justice. She is the leader of our judicial branch. The Supreme Court receives almost 7,000 filings…but hears a small fraction, last year 68 opinions were written.

You can turn off the presentation to let the students see you (larger). Spend 5 minutes talking to students. You may choose what to discuss in more detail (the constitution, explain state vs. federal courts, describe more about how cases flow through the tiers. Solicit questions from students).

Say: Now let’s go back to Cesar and Dolores.

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Slide Point: Many of the images we see of César and Dolores are of them involved in first amendment right activities. They were a fixture in their communities, visible on and off the fields, and heard from far away. They started organizing, picketing small farms, creating services just for farm workers…activities that brought them forward as a union for farmworkers. At this time, there hadn’t been anything like it.

Notes/Facts you may use:�

César was a calm and patient listener, likely to talk to workers one on one. Known to be up early in the morning, joining picket lines.
Dolores was as familiar with a bullhorn as she was the halls of the capitol. Known to bring people to their feet and appeal to them emotionally through the mouthpiece of a bullhorn, especially to strike breakers working a hundred yards away. She would often convince active workers to drop their tools and walk off the field to join La Causa! (Fact: The Kern County Superior Court banned the use of the bullhorn. The union’s attorney appealed and won in the Court of Appeal).
Dolores was familiar with the hallways of the Capitol and knew how to get the attention of lawmakers. She was a fierce lobbyist in Sacramento and negotiator throughout California.

Ask: What was the fight about? They fought against exploitation, harassment, they wanted to be treated like human beings with health needs and dreams for their families. They wanted simple things, like access to clean water when they were working in the hot sun out in the fields. Some growers would make workers share a recycled dog food can to drink water out of. Humiliation was a very effective way to control their workers. Farmworkers were (and are) essential yet treated like they were expendable.

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Slide point: they organized using a lot of the tactics they saw used in peaceful demonstrations across the country. They built a “brand” that is recognized today.

Script:�From the beginning, they used the symbol of the black Aztec eagle. They were noticed from far away, the symbol painted on banners and flags.

“The black eagle signifies the dark situation of the farm worker. The Aztec eagle is an historic symbol for the people of Mexico. The UFW incorporated the Aztec eagle into its design in order to show the connection the union had to migrant workers of Mexican-American descent, though not all UFW workers were Mexican-American. The white circle signified hope and aspirations. The red background stood for the hard work and sacrifice that the union members would have to give.”

https://www.crwflags.com/fotw/flags/us_mex.html#:~:text=Richard%20Chavez%20designed%20the%20UFW,sacrifice)%20for%20their%20flags%20design

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(Optional) Organizing tactics: Talk with the students about the activities in the images. What does the round sign look like? (It was created by a San Francisco carpenter and activist to look like a Roman shield. It is a tactic, makes strikers feel strong!). Where are they? Their strikes were in the public-eye, along roads where travelers could see, yet on the side of the fields where they could shout out to workers. As word spread, these crowds grew.

Slide point: Growing in numbers, getting attention through peaceful assembly

Ask: Who can tell me what “Huelga” means? (It means “strike.”) They were getting attention, no one had seen farm labor mobilized like this. Hollywood came and made a film about them. It was called “Huelga,” released in 1965. These protests crippled businesses.

César and Dolores led workers off the strawberry, orange, and flower fields to strike…what about grapes?

Ask the students to share what students know about the Grape Strike. (1965-1970)

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Julio Hernandez (left), Larry Itliong (center), and Cesar Chavez (right) at the Huelga Day March in San Francisco, 1966.

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“...the day has ended when the farm worker will let himself be used as a pawn by employers, government, and others who would exploit them for their own ends. La huelga and la causa is our cry, and everyone must listen. Viva la huelga! Viva César Chávez!”

Dolores Huerta

Slide point: César lead the march from Delano to Sacramento, Fillipino and Mexican farm workers and their families made headlines. We can’t overlook Dolores, she was logistics, remember. She was there on the other side of the battlefield constantly promoting the message of La Causa. In their newsletter, at the podium, and in the state capitol building bending the ear of lawmakers, Dolores was a tireless messenger and educator. She was also the union’s best negotiator.

Ask: the strike ended, bringing higher wages for fieldworkers. But what else came from it? You can shut off presentation if you prefer. What might be more valuable to the organizers than the wage increases?

Filipino and Mexican Americans who labored in California vineyards became visible in the eyes of American consumers.
Injustices in the fields (that grew America’s food) were now on the evening news. The strike shined a light on something an industry fought hard to keep hidden.
The movement to boycott table grapes mobilized students and educated consumers across America. These supporters were quick to mobilize when future strikes happened.
It drew international attention
It was the first time many growers saw tactics like these--consumer boycotts, marches, a newsletter (in English!), community organizing and nonviolent resistance.
Fights had been in the fields. This new union believed in taking the fight to the consumer.
César witnessed the impact of a tactic he became famous for, the Hunger Strike

Additional Notes:

When the crowd had grown to 10,000 people once it got to Sacramento. Dolores addressed them. It was April 10, her birthday. �
Prior to starting the union, she was an organizer and lobbyist—a fixture at the Capitol. She successfully lobbied for disability insurance for farm workers in the State of California in 1963, a feat that shocked many. She got a bill passed allowing door-to-door voter registration. Anybody who was a citizen could register another person to vote. Before that, you had to find a deputy registrar to register you. That made an enormous impact.

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Despite being red, Mars is actually a col place, not hot. It’s full of iron oxide dust, which gives the planet its reddish cast

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1970: Origins of the Case

Dolores Huerta and César Chávez, Labor Organizers

Bud Antle,

Landowner, Lettuce Grower

Teamsters, Labor Union

Slide Point: Meet Bud Antle and the Teamsters

Facts/Notes:

Most Salinas Valley growers had signed contracts with the Teamsters Union just as the Grape Strike ended. More than 200 contracts were signed with the Teamsters, a union representing other (non-field) agriculture workers (truck drivers, packers, warehouse workers).

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Critical Thinking Exercise (shut off presentation if you do this): Ask, if you were a landowner, why would you want to keep the UFW off your fields?��The UFW vision for its members was far more costly to growers than wage increases. The Teamsters got wage increases and that was it.

César and Dolores were fighting for a union-run hiring hall, a health clinic and health plan, credit union, community center and cooperative gas station, as well as higher wages. The hiring hall meant an end to discrimination and favoritism by labor contractors. This was empowering an entire working class of people many didn’t feel were worthy citizens.

Turn on presentation.

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Leading the pack of growers against UFW-organizing was a man named Bud Antle. He was one of the first to have a union for his farmworkers, but he insisted it be the Teamsters.

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“The suffering has always been caused by those greedy barbarians who refuse to see farm workers as human men, women and children. The Bud Antle - Dow Chemical coalition may be a good example. This pair seems to have no conscience readily exploiting and destroying human life to make money.” El Malcriado, The Voice of the Farmworker

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“workers are going to vote with their feet” to show that they want union representation.

--Dolores Huerta

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August 24, 1970

Lettuce Strike & Mass Picketing

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Slide Point: In response to the growers signing contracts without the workers voting, the largest strike in the fields begins. Top level employees have to go out to the fields to fill the place of striking workers.

See above the headline there, “Ranches Picketed.” Why did they picket ranches? Not all workers joined the picket, they went to work. Explain “Crossing the picket line”—it is a tactic to give workers the opportunity to speak up. If a worker “crosses” the picket line, it meant he or she either wanted to stay with the Teamsters, or they just didn’t care either way.

In the News York Times, read the caption reference to the Constitution.

A few minutes ago, you mentioned how the public became aware of the violence inflicted on farmworkers. There were many eyes on the growers who were losing a lot of money the longer the strike went on.

Note: The LA Times reported in August 1970, growers were losing $500k a day due to the strike. With the spotlight shining on the central valley, Antle couldn’t resort to his old (illegal) tactics for straightening out a problem. He had to petition the court to make César call off the strike.

Ask: Right to Petition is a right granted by what amendment?? Wait until at least one of the students calls it out!

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September 9, 1970

Bud Antle sued César, Dolores and the UFW using a California law, the Jurisdictional Strike Act (Labor Code 1115-1130), which allows a judge to issue an injunction, an order which if not obeyed can result in a person being sent to jail.

Slide Point: Antle petitions the court. Explain his right to do this. How does one do this? Explain this process.

Also, you may turn off the screen to explain this type of case. How is a petition filed? Is there a hearing? A jury? How does a judge look at a petition and decide?

Describe arguments from both sides:

Salinas Valley growers signed contracts with the Teamsters Union without recognizing the UFW. Chávez called them “sweetheart” deals.

�Growers said they did nothing wrong. Contracts were signed with the Teamsters in good faith. The Teamsters were the union for other non-field labor (truckers, packers, warehouse hands).

The UFW said the Teamsters never gave field workers a choice. The contracts were forced on them without a vote.�

Teamsters said they were just trying to keep all the labor together so there’d be no interruptions in the production line from field to warehouse.

Ask: What do you think the judge ordered?

Then turn the slides back on. Explain that the judge had to consider the intention of the Jurisdictional Strike Act. Judges don’t pick sides or guess. They follow the law, impartially and without influences.

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September 17, 1970

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September 18, 1970

OPTIONAL SLIDE: The next day, César calls an end to the pickets at ranches but declared a national boycott�
Slide Point: The validity of news sources. Nationally revered outlets like The New York Times closely followed the work of César and Dolores.

Actual newspaper clippings are used in these slides to demonstrate how news spread in those days. There were no responses, sharing, etc. Photos had to be developed, then printed. The editors at papers decided the articles to publish. Sophisticated papers would run a morning and afternoon editions (for commuters). Most reporters were known as reliable journalists covering “beats.” The way news was communicated to the public 50 years ago was much different from today.�
How would this movement be different if the technology of today was at the fingertips of the UFW then? How would it be good? How would it be bad?

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Slide Point: Chávez immediately goes to the consumers and asks them to join a nationwide boycott of all lettuce not picked by UFW workers. A consumer boycott moved the pickets away from the ranches and to places where their products were sold.

Ask: who knows what that is or what it means when a secondary boycott is called?

With a secondary boycott you are saying “don’t shop at this store at all because it carries this guy’s product.” The federal law (NRLA) banned unions from doing this. The UFW followed the NRLA and the National Labor Relations Board…until about now.�

(At this time, Antle and two other growers file a charge with the National Labor Relations Board, reporting this Secondary Strike as illegal). He petitions the court once again.

Note:

In 1969, a young, ambitious lawyer came to work for the UFW. Where other attorneys working for the UFW conceded with the National Labor Relations Board, the attorney (Jerry Cohen), who was known to be a strategic legal thinker and loved a good fight, worked his magic. The law said, if a union includes ANY employees covered by the NLRA, the union becomes a “labor organization” subject to NLRA prohibitions on the Secondary Boycott. The UFW had nine members working a commercial peanut shed on one of their organized ranches. Cohen moved to create the “United Peanut Shelling Workers of America” union—UFW was free to do as it wanted without the regulation of the Board. They used a newfound UNDERSTANDING OF THE LAW to their advantage.

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The judge granted the injunction

prohibiting the UFW from

“in any way promulgating or advertising” that there’s a labor dispute, and barring them from “urging, encouraging, or recommending, or asking any other persons to urge, encourage or recommend, that any customer of [Antle] boycott [Antle’s] agricultural products.”

United Farm Workers Organizing Committee v. Superior Court of Monterey County (1971)

4 Cal.3d 556, 559-563

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Old Monterey County jail where César stayed

If you were César’s lawyer,

who would you ask to free him?

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Would you ask the:�

Executive Branch, the President or Governor?

The Legislative Branch, Congress or the California Senate/Assembly to say César’s rights were violated?

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The Judicial Branch?

Would you ask the:

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Could the Superior Court judge’s order under the Strike Act be found constitutional because it protected customers from being intimidated and scared by the picketers?

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Slide Point: The California Supreme Court in the case UFW v. Superior Court, unanimously (7-0) found the First Amendment trumped the Strike Act and made the judge’s order unconstitutional.

Notes: �

César Chávez spent 21 days in jail before being released by the Supreme Court. See https://calendar.eji.org/racial-injustice/dec/3

The Supreme Court recognized that “picketing (i.e., patrolling a particular locality) has a certain coercive aspect” which may intimidate some customers.

Explain what is meant by: the Supreme Court found that, to comply with the First Amendment, an order has to be “couched in the narrowest terms that will accomplish the pinpointed objective permitted by constitutional mandate and the essential needs of the public order. In this sensitive field the State may not employ means that broadly stifle fundamental personal liberties when the end can be more narrowly achieved.’”

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The California Supreme Court concluded, “the injunction at issue is too broad to withstand the constitutional challenge mounted by petitioners” and held the Strike Act’s use by the judge was invalid, because it violated the First Amendment to prohibit Cesar and the UFW, “in any effective manner, from informing the general public of the nature of their dispute with Antle.”

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March 26, 1971

The Lettuce Strike is over.

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“When the man who feeds the world by toiling in the field is himself deprived of the basic rights of feeding and caring for his own family, the whole community of man is sick.” -César Chávez

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Talk to students about the images in this slide. What do they notice? (Methods are the same. The eagle is forever present. People young and old gathering together today and 50 years ago)

The conditions have improved, some very important laws have been written or changed. After several successful boycotts, the UFW turned to raising awareness of other issues facing immigrant workers. California, pressured by the UFW, passed the first law governing farm-labor organizing, which eventually led to the establishment of the Agricultural Labor Relations Board (ALRB). Other battles still continue. It is the intention of this presentation to give students an understanding about rights we have as a people and our government so they can think more critically about the movements of today, as well as the things they read on social media. There are a lot of struggles ongoing in society, and a lot of methods for distribution false headlines...the freedom to do this is protected by what right and what amendment???

The food we eat every day comes as the result of hands in the fields, farmworkers. Without them, we wouldn’t have our food. Thanks to the work started by César and Dolores, there continues to be voices in the fields fighting for equality.

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Optional: History of ¡Si Se Puede!

Ask students if they know how the famous slogan of the UFW came to be. Many think it was César who started it…they are wrong.

Dolores said it during a rally, frustrated with opposition. It stuck and the union used it/uses it to this day.

President Barack Obama admitted “borrowing it” for his presidential campaign. He presented her with the Presidential Medal of Freedom in 2018 (César was honored with a Medal after his death in 1994).

That is not their only tie to the White House…(see next slide)

Details�

In 1972, the United Farm Workers asked to meet with Arizona Republican Governor Jack Williams to appeal for him to veto the legislation denying farm workers the right to strike and boycott during harvest seasons, and effectively making it impossible for them to organize. Instead, the governor ordered state troopers to bring him the bill and he signed it within an hour after passage. In response to a protest by farm workers, the governor remarked, “As far as I’m concerned, those people don’t exist.”
When news of the law’s enactment reached him, César returned to Arizona and began a 25-day water-only fast. The fast quickly took a physical toll. After a few days César was bedridden. Resting on his back in a small room, with UFW co-founder Dolores Huerta by his side, César was briefed by a group of local Latino labor and political leaders about political realities in the state.
They were told Legislature and governor was so powerful, these Latino leaders declared, it couldn’t be beaten.
“No, no se puede!” (“No, no it can’t be done”), they kept repeating in Spanish. Then Dolores responded, “Si, si se puede!” (“Yes, yes, it can be done”).
Dolores immediately picked up the call and made the slogan the rallying cry for the farm workers’ campaign in Arizona. The rest is history! (President Obama openly credits Dolores for the “Yes we can” slogan used by his campaign, later presenting her with the Presidential Medal of Freedom )

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Questions?