Today we discuss a new and provocatively titled book written by Southwestern Law School professor Andrea Freeman, an expert on issues of race, food policy, and health from both legal and policy perspectives. The book's title, Ruin Their Crops on the Ground, the Politics of Food in the United States from the Trail of Tears to School Lunch, has been called the first and definitive history of the use of food in the United States law and politics as a weapon of conquest and control. Freeman argues that the U. S. food law and policy process has both created and maintained racial and social inequity. She documents governmental policies from colonization to slavery; to the commodities supplied to Native American reservations. She argues that the long-standing alliance between government and the food industry has produced racial health disparities to this day.

Interview Summary

Let's talk about the title of your book. What are you trying to communicate?

So 'ruin their crops on the ground' is a paraphrase of what George Washington ordered his troops to do, to try to displace Indigenous people and take over their land.

That's a pretty powerful image to think about that. So, in your book, you use the term food oppression. Can you explain what you mean?

Yes. So I originally started writing about food oppression as the alliance between corporations, the food and agricultural industries, and the government that [00:02:00] create stark health disparities on a racial basis, sometimes gender and class. And as I've come through thinking about this over the years, I'm also using it to describe the way that food has always been used as a tool of subordination by the U.S. Government in history.

An interaction between the industry and government isn't inherently oppressive. How does it come to be that way? I mean, it could be good, good for the public, it could be bad, but why does it, how does it become oppressive?​

Yeah, I agree that the problem with the food industry is that the desire to make profits is in conflict with the nutritional needs of people that the U.S., Government programs focus on nutrition are supposed to be serving.

Let's go back to some of the earlier times. You've written about the role that food played in slavery. Could you explain?

Absolutely. So, enslavers were very careful about the portions and the type of food that they gave to people. the people that they enslaved. And they would write pamphlets and advise each other. Hoping to find a balance to give enslaved people enough food to be able to work and be alive, but not enough to give them the energy to revolt or perform acts of resistance that they inevitably did. And then food was used to create hierarchies within enslaved peoples. It was used to, I don't know, take away pleasure, really, from life to oppress people in so many ways. And so, not just from the content of the food, but even the way that food was delivered. So, instead of eating on plates, food might be poured into a pig trough or scattered on the ground, right? There are so many ways that enslavers used food to try to degrade and subordinate people through either the portions or the content or the delivery.

Food is such a fundamental and kind of elementary form of reinforcement. You could imagine it being used to punish particular individuals and reward others.

Absolutely. And the law backed up the way that enslavers used food. And even when enslaved people wanted to grow their own food, and perhaps sell it to gain some advantage, the law prevented that. Enslavers might just take over those gardens. Steal the food. Use it for their own purposes. That was all perfectly legal. And the law tried to protect other enslavers from having enslaved people come and steal their food by having some laws in place that said, you must give adequate provisions, which looked like something that might protect enslaved people, but in fact was only to protect other enslavers.

Going back to the title of your book, it makes reference to the Trail of Tears. And people have highly varying levels of knowledge of what the Trail of Tears refers to. In North Carolina, it's a really important and tragic part of the state's history for the native individuals living in the western part of the state. But could you tell us more about how food figured into this, what it was and how food figured in?

Of course. So the United States wanted the land that Indigenous people were living on. And they designated a part of the country that covers Oklahoma and some states around there and called it the Indian Country or Indian Territory. And to try to force indigenous people to move to that land and to make a journey across the country that was so dangerous, and ended up killing maybe half of the people who made that journey, they destroyed the food sources of people. They had no choice at all. They were starving. They either had to go or die there with no food. And food played into the promises that were made by the United States government of rations that would be given along the way and when people arrived. However, in reality, the rations were gone by the time many people arrived. Or they were bad meat or they were just inedible. And so, they caused not only people to move, but then once they arrived, caused many more deaths. Either along the way or once they were there. A lot of it was unfamiliar food that couldn't be cooked or digested. Food played a major role in the Trail of Tears and what happened both before and after that journey.

And the quality of the land for agriculture that they were forced to settle on was part of the picture too, wasn't it?

Yes. Some of it was good and some of it was absolutely terrible. And people were given no choice about where they were going to end up.

Let's fast forward to more current times. The U. S. Department of Agriculture has created several very important nutrition programs with the stated aim of improving nutrition. But you've raised some concerns. Please tell us why?

Yes. If we just think about that journey that began with the Trail of Tears and with George Washington's order. And then the role that food rations have played in the relationship between the United States and Indigenous people. The rations that were first introduced in trying to force that move, then played a role in many elements of this policy. For example, rations were taken away if parents would not give up their children to the federal Indian boarding schools. They were taken away as a punishment if Indigenous people engage in their own cultural and kinship practices under the Code of Indian Offences.

And so, rations played a huge role, and they continue to do so. They have now transformed into what is the food distribution program for Indian reservations. Which is another system whereby the United States is providing food to Indigenous people who are living on reservations, do not have access to many food sources at all, and so, are in need of nutrition. But the contents of the food that are given out through this program don't reflect the needs of the people who are receiving it. They reflect the needs of the agricultural industries and the surpluses that the USDA is responsible for getting rid of because of federal subsidies through the Farm Bill.

You've written as well about food marketing. Tell us what your thoughts are on that?

Food marketing is so important because it really defines in our society who eats what. It tells us a story that is rife with racial stereotypes and kind of propaganda about food. And it also determines the food landscape in many ways. When I think about race and marketing, marketing first of food really just employed a lot of racist tropes. Because marketing was directed only to white people. And, you know, racism was something that sold. We've seen that change and become more subtle over the years to the present where we even see food marketing taking on anti-racism as a form of what's called woke washing, to try to gain consumer dollars by adopting a certain political position.

The issue of who is targeted by marketing is enormously interesting, complex, and highly important. I'm glad to see you addressing that in your book. Let me ask one final question before we wrap up. How is the U. S. Constitution involved in this?

I have a theory as a constitutional law professor that the way that the United States has dealt with food in a way that creates racially disparate outcomes violates both the 13th amendment and the 14th amendment. So, let me explain. The 13th Amendment says that anything that comes out of slavery as a vestige, or a badge or a marker of slavery is not allowed. And that means that policies that began back then, that continued today with discriminatory harm are prohibited under the13th Amendment. I talked a little bit about how during slavery food was used to oppress and subordinate. And that caused health problems. Very racially disparate health problems where enslaved people suffered from illnesses and conditions and deaths associated with food and malnutrition at much higher rates than white people. That was explained away by constitution and genetics, but that was all lies. In the present, we still have those disparities and they're still due to deliberate policies that create this oppression, the food oppression that I talked about in the beginning. The 13th amendment should not allow that kind of food discrimination in the same way that it doesn't allow housing discrimination. Now, under the 14th amendment, all people should be treated equally by the government. But what we have is food policy that treats people differently based on their race. In the case of the Food Distribution Program on Indian Reservations (FDPIR), that's quite clear. In some other cases, like public school lunches, you have to kind of take a step back to understand how there are racially disparate effects. But the same commodities that the USDA is responsible for getting rid of, that they do through the Indian reservation program are being sent to schools. And these are public schools where in many districts, there are many more Black, Latina, indigenous students than white students. For example, where I am in LA, that's 94 percent of the public-school population. And the government is using that program to get rid of very unhealthy food that is making kids who go to public schools sick. And that is unequal treatment under the law. It should violate the 14th Amendment.

You know, I'm not an expert on constitutional law, but this is the first time I've heard this argument made and it's really an interesting one. Do you think there would be a day when we would see legal action based on this theory?

I think it's possible. I don't think that legal action would be successful in our present moment of jurisprudence. But I think that framing is really important for people to think about and to understand what is happening. And I think that sometimes thinking about things as unconstitutional can provoke social action. Social movement. It can allow people to think about injustice in a certain way that creates resistance. So, I think it's important, even if we can't bring a case today, on that basis.

BIO

Andrea Freeman is a law professor at Southwestern Law School in Los Angeles. She is a national and international expert on the intersections between critical race theory and food policy, health, and consumer credit. She is the author of Ruin Their Crops on the Ground: The Politics of Food in the United States, from the Trail of Tears to School Lunch (Metropolitan 2024) and Skimmed: Breastfeeding, Race, and Injustice (Stanford University Press 2019), in addition to book chapters, law review articles, and op-eds. Skimmed is currently in development for a documentary with Topic Pictures. Her work has been featured in publications including the Washington Post, New Yorker, Los Angeles Times, Salon, Huffington Post, USA Today, The Root, Yahoo! News, The Atlantic, NPR Shots Blog, Pacific Standard, The Conversation, Medium, Atlanta Journal-Constitution, and National Library of Medicine, and she has done interviews with news outlets and programs including CBS News, PBS News Hour, The Takeaway, Here & Now, Point of Origin, Newstalk Irish National Radio, Heritage Radio Network, The Electorette, Hawaii Public Radio. She studied food inequality in the UK as the 2020-21 Fulbright King's College London U.S. Scholar.