As the midterm elections approach, Ava DuVernay’s latest documentary, “14.” It comes at a crucial time for the United States. Unlike this season’s other popular movies, it doesn’t tackle the dangers of artificial intelligence or examine tech billionaires. Instead, it explores the 14th Amendment and its vital role in the fabric of American democracy.
“14th” focuses on the constitutional amendment establishing birthright citizenship, due process, and equal protection under the law. The film argues that these core principles—along with the amendment’s ban on participants in the uprising from serving as heads of state—have come under unprecedented pressure in recent years.
Through interviews with Rep. Alexandria Ocasio-Cortez (D-Y), Rep. Anna Paulina Luna (R-Fla.), legal scholars Sherrilyn Ifill and Robert Chang, Stacey Abrams, social commentators Donald T. Critchlow and Hasan Piker, and others, DuVernay explores the history and contemporary consequences of the amendment.
The Netflix film is scheduled for the close of the New York Film Festival and will begin streaming on December 9.
Diversity She sat down with DuVernay and editor-producer Spencer Averick to discuss their collaboration on the film, which was released a decade after “13th,” DuVernay’s documentary examining the 13th Amendment to the U.S. Constitution. “13th” was released just a few weeks before Donald Trump was elected to his first term as president.
This marks your return to documentary films after ‘Origin’. What was the trigger for ‘The 14th’?
AVA DUVERNAY: We are through ten years of Trump. While we were on the 14th, he had not yet become president for the second time. But the world has changed. There has been an increase in attacks on our democracy this decade, particularly conversations about who is an American, that intrigues me.
One of our commentators, Van Lathan Jr., said sharply: If being born in America or going through the naturalization process doesn’t require you to be an American, then what does? Over the last decade we have seen the emergence of forces that want to dictate what it means to be American. This is against our founding documents. At its core, this documentary is about the fact that we are in the middle of something very bad, something very dangerous, and we all need to be aware of that.
Spencer, when did you get the call from Ava?
SPENCER AVERICK: We were talking about Trump’s attack on birthright citizenship, and it started before he was elected. He talked about it in interviews, and as he got closer to being elected, it started to become a tangible threat. He was attacking the Constitution, he was attacking immigration, and slowly it became an attack on the 14th Amendment.
It was never our intention to follow up ’13th’ with this, but it led us to research more and it organically became the next film.
How did ‘The Lost Cause’ become the narrative theme of ‘The 14th’?
– AVERICK: This story is about the battle over the 14th Amendment. There was a Civil War, there was a ceasefire, and promises were made after the war. The solution to the war was these changes, especially the 14th Amendment.
There was an immediate retreat. It came in all forms: violent, legal and cultural. The cultural war against the 14th Amendment and Reconstruction was beneath it all; It was sneaky and secret. It took the form of a “Lost Cause,” celebrating the Confederacy and the side that wanted to keep slavery alive, and it continued throughout the 20th century.
– Duvernay: “13.” with Michelle Alexander wrote this thesis in “The New Jim Crow”; There was a loophole in the amendment that led to mass incarceration. We followed this and it paved the way for this beautiful story.
However, the 14th Amendment consists of five sections, and one of the sections has three subsections. When I thought about how much it had expanded, we had to go back to the beginning: How did it happen?
The answer to the 14th Amendment was “Lost Cause.” This became the beating heart of opposition to the 14th Amendment. We might have called it “Lost Cause” in 1876 or the early 1900s, but today it is called MAGA. This idea is rooted in the idea that there is a hierarchy to being American, that some people are more talented than others, more deserving than others, which is the exact opposite of the 14th Amendment.
Stacey Abrams, AOC, Steve Schmidt, Dr. David Blight is among the many speaking voices featured in the documentary. How did you decide who to include?
– Duvernay: We had some people we wanted and Tammy Garnes did some deep research. A big part of what Spencer and I were looking for was someone who not only knew the information, but could convey it in a way that was not only accessible but also entertaining.
Let’s face it, this is a movie about the Constitution. Not “Jack Reacher”. It’s probably one of the driest topics you can read on paper. But we knew that there was actually a pulsating life that determined how we would spend our days.
One of the things I love about Spencer’s fiction is that he has seven people explaining the same thing but puts them together in a way that feels alive. He finds moments when people get excited.
– AVERICK: In an environment where more than 50 people are speaking, choosing the right voices can seem difficult. But Sherrilyn Ifill served as our narrator and guided us. We also had people talking about specific topics. David Blight was our master on the Civil War and Reconstruction. Adam Dombey was our expert on the “Lost Cause.” Jelani Cobb was an expert on Mother Emanuel. Everyone had their moment and it created a nice transition throughout the movie.
I’m wondering: Have you gone to Republicans and asked them to get on board with this?
DÜVERNAY: We made over 300 requests to every sitting Republican congressman, senator, governor and mayor of a major city. These were sent not only to general mailboxes, but also to managers of communications departments. Republicans attending the film were Senator Jeff Flake and Congresswoman Anna Paulina Luna. We also included Donald Critchlow, a conservative author and pundit. Out of these 300 requests, they were the only ones who said yes. Many politely declined, but the majority did not return. I needed those sounds in the movie. I wanted to hear their side of the story. I’m afraid we’re in a time where people just want to speak to the choir. I didn’t want to talk to the choir. I wanted those voices, they were invited, but they did not accept the invitation.
What is your call to action?
– AVERICK: In the film, we reflect the chaotic Reconstruction period. The North and the South had one of the bloodiest wars ever because they could not get along. After the war, a group of people from inside and outside the government decided to form a new government with this new document.
One of the things we can do is look at that moment in history and look within ourselves. Frederick Douglass wasn’t in government, but he pushed, prodded, talked and taught. He went out there.
We had a stronger call to action section in the movie, but we decided to shorten it to make it stronger. We asked viewers to see themselves as the founders and framers of this time; This period unfortunately reflects the post-Civil War era.
– Duvernay: The bottom line is that we can vote and everyone should vote. But one of the things I learned while doing this is that you can vote, but then you have to keep track of what these people are doing. Attend council meetings, watch their recordings, and learn details beyond what they say in a campaign.
But beyond that, forget the politicians. What are you doing at the community level? Do you know your neighbour? Talking to people about opinions? Do you know someone in your life who doesn’t watch the news? How can you inform them?
AOC is right when she says it’s about the people who govern. We are not doing this as a country right now. We elect leaders, then we turn away and let things happen to us.
We need a more informed voter. Politicians need to know that if they do not speak on behalf of the people, they will not be able to sit in that seat next time. We have politicians defending us, but they take their cues from the people. The way we operate and for most of our adult lives, you pick someone and then whatever they decide for you happens. When we look at history, this government was not established like this. Our systems of checks and balances and social engagement do not work that way.
The Daughters of the Confederacy did not wait for the President to tell them what to do. They attended local school board meetings and made things happen.
We’re in such a mess right now that it’s going to take everyone’s attention and help us move out of this house.
How did you know when to finish the movie, given the constant news cycle?
– Duvernay: Our time is up.
– AVERICK: It was a living, evolving arrangement. While this was happening—Trump attacking voting rights, birthright citizenship, and other parts of the amendment—it felt like a barrage of attacks. How do we discuss all this and synthesize it at the end of the film? And unfortunately, he attacked every single section of the 14th Amendment, and when he attacked, we realized we had an ending, and we were able to fill each section with his attack, the consequences of the attack, and its relationship to history. We had been working on this for a long time and we got to the point where we put down the pens and we both felt really good about it.
This interview has been edited and condensed for length and clarity.
,