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Price Discrimination and the Future of Movies

Price Discrimination and the Future of Movies

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OOn September 4, Disney released Mulan on its Disney+ streaming service. Mulan’s release was delayed because of COVID-19. For about $30, depending on what country they are in, Disney+ subscribers purchase early “Premier Access'” to the movie before it becomes available to all subscribers. In some countries, including China and others that do not have (legal) access to Disney+, it will still play in theaters.

All eyes in Hollywood are on this move. A few movies have been released straight to video on demand or after a short theatrical run, including Trolls: World Tour and The Invisible Man. But this is the first major blockbuster going straight to streaming that had the potential to be a billion-dollar movie. It’s hard not to see this as a test for other big films like Black Widow. This plan could completely change how movies are distributed going forward. Economics alone cannot tell us whether Disney’s plan will pay off, but it can tell us something about what it will take to succeed. The key concept I want to focus on is price discrimination.

Nerdies and Normies

Imagine two types of consumers: Nerdies and Normies. Nerdies are particular. They like what they like, and they are less willing to accept substitutes for those goods. They like Coke, not Pepsi. Marvel, not DC. And whiskey, not vodka. Normies are more laid back. They care less about particulars. Soda is soda, comics are comics, and booze is booze. In real life, most of us are Nerdy about some things and Normie about most others. I’m a Normie about clothes, but very Nerdy about movies. Others might be the opposite.

Nerdies and Normies react very differently to differences in price. Let’s take each in turn. The demand curve that Nerdies have for the things they nerd out about might look like the ones in Figure 1. They have what economists call relatively inelastic demand. At a high price, Nerdies are still willing to shell out to get the good. At a low price, they buy more, but not a lot more. If a bar doubles the price of whiskey, Nerdies still won’t switch to gin. Sellers can charge a high price per unit without scaring off the Nerdies, so (all things equal) they make more money selling to them at a high price.

MartinNerdieDemand.png
Figure 1. Nerdie Demand

Normies are the opposite. Normie demand curves are shown in Figure 2. They have what economists would call relatively elastic demand. At a high price, Normies just buy other goods. But at a low price, they massively increase their purchases. If Pepsi goes on sale for 10% less than Coke, they switch to Pepsi, because soda is soda. Sellers can bring a lot more Normies into the market by offering goods cheap, so (all things equal) they make more money selling to them at a low price.

MartinNormieDemand.png
Figure 2. Normie Demand
“One of the problems many businesses confront is figuring out how many of their customers are Nerdies and how many are Normies. Without that information, it is hard to settle on a pricing strategy.”

One of the problems many businesses confront is figuring out how many of their customers are Nerdies and how many are Normies. Without that information, it is hard to settle on a pricing strategy. Do you make your money offering a select product to Nerdies or selling in volume to Normies?

Why not both?

Price Discrimination

Price discrimination is when a business sells the same (or extremely similar) products to different consumers at different prices. It doesn’t take a lot of math to show that, if you can charge the Nerdies a high price and the Normies a low price, you can get the best of both worlds. High prices on some units, and high volume on others.

For this to work, though, a business needs to segment the market into Nerdies and Normies. If Professor Charles Xavier—the world’s most powerful telepath—ran a bar, he might be able to pull this off. You, a Nerdy whiskey connoisseur, saunter up to the bar. Professor X reads your mind and figures out that you are willing to pay $20.00 for a pour of Lagavulin. He offers to sell you a pour for $19. Your Normie friend can’t tell the difference between a Speyside scotch and an Islay scotch. (Is he really your friend?) Professor X reads his mind and charges him $10.00.1 Economists call this perfect price discrimination. Professor X knows exactly each customer’s willingness to pay.

Real world businesses don’t have Professor X’s amazing ability to read minds, so they have to use cruder methods to separate the Nerdies from the Normies. But while perfect price discrimination is fairly unrealistic (though universities get astonishingly close by charging the same tuition but offering different levels of financial aid), it highlights two important effects of price discrimination more generally:

  • 1. With price discrimination, sellers get more of the gains from trade. The buyer of Lagavulin only gets $1 of consumer surplus, but Professor X gets $19—the price he paid for it.
  • 2. Fewer consumers get priced out of the market. If Professor X had charged $12 for the scotch, your Normie friend would not have gotten any at all.

Focusing on the first condition, price discrimination strikes many first-time economics students as a bad thing. It’s another case of producers—especially Big Bad Corporations—extracting all the gains from economic cooperation for themselves. (This, of course, ignores the fact that consumers in one market are producers in another.) But taken together, the two conditions underwrite the greatest artistic achievement in mankind’s history: big budget comic book movies.

Fixed Costs and Price Discrimination

Tony wants to put on a puppet show. Putting on a puppet show involves fixed costs that only have to be paid once. To make the puppets, pay the writers, and create the sets costs Tony $8. Each performance adds $1 to his total cost. That includes wear and tear on the puppets and sets, contracting with a venue, and the (meager) opportunity cost of Tony’s time.

Tony has two potential consumers: Dan is Nerdy for puppet shows. He is willing to pay $8 to see one. Geoff is less enthusiastic. When it comes to puppets, he is a Normie who is only willing to pay $4.

What should Tony charge for a play? If Tony charges $4 per ticket, both Nerdy Dan and Normie Geoff are in. But he’ll only make $8, not enough to cover his fixed costs plus his cost per performance ($8 + $1 = $9). If he charges more than $4, Geoff isn’t interested. So the most he could make is $8 from Dan.

But what if Tony can price discriminate? If he can charge $7 to Dan and $3 to Geoff by offering two separate performances, he can make enough to cover his fixed costs and the cost per show. This is exactly how modern blockbusters work.

Separating the Nerdies from the Normies

The simplistic example of Tony’s puppet show illustrates exactly how big budget movies work. Blockbusters have a very high fixed cost. Large casts full of famous actors, expansive sets and props, and—in the past couple decades—armies of talented people and sophisticated machinery generating visual effects. But once the movie is made, the cost of an additional screening is much lower. To make back those fixed costs, movie studios need to separate the Nerdies from the Normies. How do they do this?

On opening weekend, Nerdies like me pay a premium price to watch the latest Marvel Studios production. In fact, my wife and I usually go twice: once on opening night, and again later in the weekend for brunch. This allows us to see the movie largely spoiler free and on the big screen. We usually buy whatever special pint glass the Alamo Drafthouse releases, with licensing fees going back to Disney.

These sorts of complementary goods also help separate the Nerdies from the Normies. The classic example is cheap printers with expensive ink refills, which allows heavy users to subsidize the printing of light users. For big blockbusters, this often takes the form of co-branded merchandise. Toys and apparel are the most conspicuous examples, but these days you can find nearly anything with a Marvel character slapped on it.

Over the coming weeks, slightly less Nerdy Nerdies catch the movie on T.A.C.O. (Tickets Are Cheaper On) Tuesday or a matinee showing. Matinee showings are price discrimination par excellance: those who can see a movie during the day have more flexible schedules and thus more substitutes for how to spend their time. Those who work regular hours are constrained to the evenings, so theaters discount daytime showings to fill as many seats as possible during the day. A few months later, second-run theaters (known as dollar theaters when I was growing up, but I bet that has changed) show the movie at an even lower price.

The whole process repeats itself with the home video release.2 First it comes out to buy. Nerdies like me have it preordered (usually in SteelBook form that costs $5 more). The sticker price is higher for a blu-ray than a theater ticket, but the price-per-viewing drops dramatically, especially for families with kids. After that, it becomes available rent on-demand. For $6 or so, the entire family can watch it once. Then it lands on an all-you-can-watch monthly streaming service, like Netflix or Disney+, or to a premium cable channel like HBO. Regular cable channels get to show it after that, and eventually it comes to free over-the-air network television.

At each step of the way, the movie becomes an attractive purchase to buyers that are progressively more Normie. Time serves as the instrument of market segmentation, allowing studios to charge a high price to the Nerdies and a low price to the Normies. These days, most tech-savvy consumers can wait until a movie hits streaming before watching it because most consumers are Normies about most movies. But thanks to the exuberance of Nerdies like me, for only pennies they get to see spectacularly crafted and very expensively produced movies.

The Streaming Gambit

That brings us back to Mulan. Will Disney’s plan succeed? It depends. Can studios, going straight to streaming, still sort out the Nerdies from the Normies? Will the Nerdies pony up an extra $30 to watch the movie now, while the Normies wait to have access as part of their normal $7 a month subscription? Dozens of factors are at play.

By going straight to online, studios give up a number of steps in market segmentation. They effectively collapse the opening weekend and digital purchase markets into one. A $30 price point will scare some Nerdies away, while appealing strongly to those with families. For a family of four, $7.50 per person—and popcorn purchased at the grocery store instead of at theater prices—will be a steal.

Some Nerdies are Nerdy about the cinema experience, others only about seeing the movie as soon as possible. Those attitudes have probably shifted as the quality of televisions and home theater setups has dramatically increased over the past two decades. Variety recently ran a survey that suggests most people would be willing to watch upcoming blockbusters at home, even if they might prefer the theater. Trolls: World Tour did remarkably well, making over $70 million off of content-starved, sheltered-at-home families. Disney needs more sales than that for Mulan to turn a profit. But the Mouse has one key advantage: it owns its own streaming service.

When a moviegoer buys a ticket, 60% of the ticket price typically ends up with the studio. This number varies from one country to another. The rest goes to the theater and any third-party ticket merchants, such as Fandango. By offering Mulan through Disney+, Disney gets to keep a much bigger percentage of the ticket sales.3 Mulan was projected to have an $85 million domestic opening. With over 60 million Disney+ subscribers, Disney needs less than 5% of its subscribers to buy Premier Access to match the return on that opening (since they keep a larger revenue share). That’s only opening weekend, and only domestic (the numbers are much more complicated for international because of the different share in ticket prices), but it shows that the gambit might well pay off.

Of course, price discrimination is far from the only economic concept at play in this move. Other factors include:

  • • Opportunity cost: When it comes to blockbusters, one resource is fairly fixed: release dates. Blockbusters rarely go head to head, because they need the Nerdies to turn out in big numbers on opening weekend across as many screens as possible. If studios hold onto the big blockbusters they have made, they forego potential release dates for future blockbusters.
  • • Economic profit: If opportunity costs are fully accounted for, the profit maximizing strategy is the same as the loss minimizing strategy. Instead of the dawn of a new business model, this may be a stopgap to stem the bleeding during the pandemic.
  • • Complements: Disney probably has mountains of Black Widow merchandise sitting in warehouses. That merchandise will move a lot faster if the film comes to Premier Access rather than again delaying its theatrical release.

The real billion-dollar question may be piracy. When a movie releases first in a theater, the only pirated copies that are readily available are handheld camera recordings of the screen in a theater. The picture is bad. The sound is worse. And if someone in front of the camera gets up to use the restroom, home viewers get the real thrill of the theatrical experience. But once Mulan goes live on September 4—unless Disney has perfected a secret and miraculous encryption technology—there will be virtually perfect clones of the file that Disney is streaming to its customers available the same day.

Piracy is a real concern. But it is important to remember that the market for digital music and movies arose after widespread file sharing was already common. Digital media distribution has been so successful that some worry that the future of physical media is in jeopardy. Some consumers object to piracy on principle. Some simply value the convenience and safety of buying through official channels. And some are willing to pay to support content creators that they particularly like. If studios want to release blockbusters straight to streaming, they are probably banking on their Nerdy customers falling into that last group. But the fact remains that the higher the price, the more people will pirate a film. Is Mulan‘s $30 price point low enough to mitigate piracy and high enough to cover Disney’s fixed costs? We will see.

The Future of Movies

What happens after the pandemic has subsided? Will movie studios return to the older model, or will there be a new normal? One possibility is that COVID-19 has accelerated changes that were already on the way.

Over time, the window of time between the theatrical and the home release of films has shrunk. When I was growing up it would typically take about 6 months. Now 3 months is closer to the norm. How small might that window get? It might shrink to zero. A week before Mulan‘s scheduled release, Bill and Ted Face the Music will release simultaneously in theaters and on video on demand. While it does not have nearly the budget Mulan does, it is another experiment that studios will be eagerly watching.

Money has value over time. If studios can compress the time separating the Nerdies from the Normies—while still keeping them separate—they might be willing to take a small hit from piracy. While the standard window between theatrical and home releases may not shrink all the way to zero, it is highly likely that it will shrink more as studios such as Disney and Warner Brothers develop their own streaming services.

Theaters are the obvious losers from this trend. Variety‘s report suggests that many consumers still prefer to see blockbusters in a theater, but many consumers will choose to stream from their couch rather than going out. For someone like me, who wants to see a Marvel movie opening night but finds the behavior of other theater-goers generally obnoxious, the chance to stream at home from opening day would be a no-brainer. To get movie goers into the cinema, theater chains are going to have to offer service above and beyond the movie itself. I predict that, as these trends continue, the share of premium movie experiences as a percent of the total will increase. A higher share of screens will be IMAX or Dolbyvision and a higher share of theaters will offer table service, alcoholic beverages, and other amenities.

But a recent legal change might slow this move to streaming. In 1948, the Supreme Court ruled, on anti-trust grounds, that movie studios could not own theaters. That ruling was recently reversed.4 If studios can get a higher share of revenue from both streaming and from owning theaters, the calculus driving the Mulan decision might change. But ultimately, of course, this will depend on consumers: if other companies are offering straight-to-streaming blockbusters, studios might have no choice but to follow suit. Even the most powerful media companies have to mind the gap between the Nerdies and the Normies.


Footnotes

[1] Professor X’s ability to know you and your friend’s willingness to pay is not a sufficient condition for price discrimination. He also needs to make sure your friend doesn’t pay the lower price for two scotches and share one with you. This is sometimes called the no arbitrage conditions.

[2] A puzzle for my price-theory savvy friends. The digital release of modern blockbusters to own at home usually precedes the physical media release by one week. Why?

[3] The exact amount depends not only on payment processing charges, but also on whether Disney will allow purchase directly in-app. If that is the case, some app stores take a cut of the purchase.

[4] See “Studios Can Now Own Movie Theaters Following Judge’s Ruling,” by Jeff Sneider, Collider, Aug. 7, 2020, for more information.


*Adam Martin is Political Economy Research Fellow at the Free Market Institute and an assistant professor of agricultural and applied economics in the College of Agricultural Sciences and Natural Resources at Texas Tech University.


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President Biden Delivers The “Darkest, Most Un-American Speech Given By A President”

President Biden Delivers The "Darkest, Most Un-American Speech Given By A President"

Having successfully raged, ranted, lied, and yelled through…

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President Biden Delivers The "Darkest, Most Un-American Speech Given By A President"

Having successfully raged, ranted, lied, and yelled through the State of The Union, President Biden can go back to his crypt now.

Whatever 'they' gave Biden, every American man, woman, and the other should be allowed to take it - though it seems the cocktail brings out 'dark Brandon'?

Tl;dw: Biden's Speech tonight ...

  • Fund Ukraine.

  • Trump is threat to democracy and America itself.

  • Abortion is good.

  • American Economy is stronger than ever.

  • Inflation wasn't Biden's fault.

  • Illegals are Americans too.

  • Republicans are responsible for the border crisis.

  • Trump is bad.

  • Biden stands with trans-children.

  • J6 was the worst insurrection since the Civil War.

(h/t @TCDMS99)

Tucker Carlson's response sums it all up perfectly:

"that was possibly the darkest, most un-American speech given by an American president. It wasn't a speech, it was a rant..."

Carlson continued: "The true measure of a nation's greatness lies within its capacity to control borders, yet Bid refuses to do it."

"In a fair election, Joe Biden cannot win"

And concluded:

“There was not a meaningful word for the entire duration about the things that actually matter to people who live here.”

Victor Davis Hanson added some excellent color, but this was probably the best line on Biden:

"he doesn't care... he lives in an alternative reality."

*  *  *

Watch SOTU Live here...

*   *   *

Mises' Connor O'Keeffe, warns: "Be on the Lookout for These Lies in Biden's State of the Union Address." 

On Thursday evening, President Joe Biden is set to give his third State of the Union address. The political press has been buzzing with speculation over what the president will say. That speculation, however, is focused more on how Biden will perform, and which issues he will prioritize. Much of the speech is expected to be familiar.

The story Biden will tell about what he has done as president and where the country finds itself as a result will be the same dishonest story he's been telling since at least the summer.

He'll cite government statistics to say the economy is growing, unemployment is low, and inflation is down.

Something that has been frustrating Biden, his team, and his allies in the media is that the American people do not feel as economically well off as the official data says they are. Despite what the White House and establishment-friendly journalists say, the problem lies with the data, not the American people's ability to perceive their own well-being.

As I wrote back in January, the reason for the discrepancy is the lack of distinction made between private economic activity and government spending in the most frequently cited economic indicators. There is an important difference between the two:

  • Government, unlike any other entity in the economy, can simply take money and resources from others to spend on things and hire people. Whether or not the spending brings people value is irrelevant

  • It's the private sector that's responsible for producing goods and services that actually meet people's needs and wants. So, the private components of the economy have the most significant effect on people's economic well-being.

Recently, government spending and hiring has accounted for a larger than normal share of both economic activity and employment. This means the government is propping up these traditional measures, making the economy appear better than it actually is. Also, many of the jobs Biden and his allies take credit for creating will quickly go away once it becomes clear that consumers don't actually want whatever the government encouraged these companies to produce.

On top of all that, the administration is dealing with the consequences of their chosen inflation rhetoric.

Since its peak in the summer of 2022, the president's team has talked about inflation "coming back down," which can easily give the impression that it's prices that will eventually come back down.

But that's not what that phrase means. It would be more honest to say that price increases are slowing down.

Americans are finally waking up to the fact that the cost of living will not return to prepandemic levels, and they're not happy about it.

The president has made some clumsy attempts at damage control, such as a Super Bowl Sunday video attacking food companies for "shrinkflation"—selling smaller portions at the same price instead of simply raising prices.

In his speech Thursday, Biden is expected to play up his desire to crack down on the "corporate greed" he's blaming for high prices.

In the name of "bringing down costs for Americans," the administration wants to implement targeted price ceilings - something anyone who has taken even a single economics class could tell you does more harm than good. Biden would never place the blame for the dramatic price increases we've experienced during his term where it actually belongs—on all the government spending that he and President Donald Trump oversaw during the pandemic, funded by the creation of $6 trillion out of thin air - because that kind of spending is precisely what he hopes to kick back up in a second term.

If reelected, the president wants to "revive" parts of his so-called Build Back Better agenda, which he tried and failed to pass in his first year. That would bring a significant expansion of domestic spending. And Biden remains committed to the idea that Americans must be forced to continue funding the war in Ukraine. That's another topic Biden is expected to highlight in the State of the Union, likely accompanied by the lie that Ukraine spending is good for the American economy. It isn't.

It's not possible to predict all the ways President Biden will exaggerate, mislead, and outright lie in his speech on Thursday. But we can be sure of two things. The "state of the Union" is not as strong as Biden will say it is. And his policy ambitions risk making it much worse.

*  *  *

The American people will be tuning in on their smartphones, laptops, and televisions on Thursday evening to see if 'sloppy joe' 81-year-old President Joe Biden can coherently put together more than two sentences (even with a teleprompter) as he gives his third State of the Union in front of a divided Congress. 

President Biden will speak on various topics to convince voters why he shouldn't be sent to a retirement home.

According to CNN sources, here are some of the topics Biden will discuss tonight:

  • Economic issues: Biden and his team have been drafting a speech heavy on economic populism, aides said, with calls for higher taxes on corporations and the wealthy – an attempt to draw a sharp contrast with Republicans and their likely presidential nominee, Donald Trump.

  • Health care expenses: Biden will also push for lowering health care costs and discuss his efforts to go after drug manufacturers to lower the cost of prescription medications — all issues his advisers believe can help buoy what have been sagging economic approval ratings.

  • Israel's war with Hamas: Also looming large over Biden's primetime address is the ongoing Israel-Hamas war, which has consumed much of the president's time and attention over the past few months. The president's top national security advisers have been working around the clock to try to finalize a ceasefire-hostages release deal by Ramadan, the Muslim holy month that begins next week.

  • An argument for reelection: Aides view Thursday's speech as a critical opportunity for the president to tout his accomplishments in office and lay out his plans for another four years in the nation's top job. Even though viewership has declined over the years, the yearly speech reliably draws tens of millions of households.

Sources provided more color on Biden's SOTU address: 

The speech is expected to be heavy on economic populism. The president will talk about raising taxes on corporations and the wealthy. He'll highlight efforts to cut costs for the American people, including pushing Congress to help make prescription drugs more affordable.

Biden will talk about the need to preserve democracy and freedom, a cornerstone of his re-election bid. That includes protecting and bolstering reproductive rights, an issue Democrats believe will energize voters in November. Biden is also expected to promote his unity agenda, a key feature of each of his addresses to Congress while in office.

Biden is also expected to give remarks on border security while the invasion of illegals has become one of the most heated topics among American voters. A majority of voters are frustrated with radical progressives in the White House facilitating the illegal migrant invasion. 

It is probable that the president will attribute the failure of the Senate border bill to the Republicans, a claim many voters view as unfounded. This is because the White House has the option to issue an executive order to restore border security, yet opts not to do so

Maybe this is why? 

While Biden addresses the nation, the Biden administration will be armed with a social media team to pump propaganda to at least 100 million Americans. 

"The White House hosted about 70 creators, digital publishers, and influencers across three separate events" on Wednesday and Thursday, a White House official told CNN. 

Not a very capable social media team... 

The administration's move to ramp up social media operations comes as users on X are mostly free from government censorship with Elon Musk at the helm. This infuriates Democrats, who can no longer censor their political enemies on X. 

Meanwhile, Democratic lawmakers tell Axios that the president's SOTU performance will be critical as he tries to dispel voter concerns about his elderly age. The address reached as many as 27 million people in 2023. 

"We are all nervous," said one House Democrat, citing concerns about the president's "ability to speak without blowing things."

The SOTU address comes as Biden's polling data is in the dumps

BetOnline has created several money-making opportunities for gamblers tonight, such as betting on what word Biden mentions the most. 

As well as...

We will update you when Tucker Carlson's live feed of SOTU is published. 

Tyler Durden Fri, 03/08/2024 - 07:44

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What is intersectionality and why does it make feminism more effective?

The social categories that we belong to shape our understanding of the world in different ways.

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Mary Long/Shutterstock

The way we talk about society and the people and structures in it is constantly changing. One term you may come across this International Women’s Day is “intersectionality”. And specifically, the concept of “intersectional feminism”.

Intersectionality refers to the fact that everyone is part of multiple social categories. These include gender, social class, sexuality, (dis)ability and racialisation (when people are divided into “racial” groups often based on skin colour or features).

These categories are not independent of each other, they intersect. This looks different for every person. For example, a black woman without a disability will have a different experience of society than a white woman without a disability – or a black woman with a disability.

An intersectional approach makes social policy more inclusive and just. Its value was evident in research during the pandemic, when it became clear that women from various groups, those who worked in caring jobs and who lived in crowded circumstances were much more likely to die from COVID.

A long-fought battle

American civil rights leader and scholar Kimberlé Crenshaw first introduced the term intersectionality in a 1989 paper. She argued that focusing on a single form of oppression (such as gender or race) perpetuated discrimination against black women, who are simultaneously subjected to both racism and sexism.

Crenshaw gave a name to ways of thinking and theorising that black and Latina feminists, as well as working-class and lesbian feminists, had argued for decades. The Combahee River Collective of black lesbians was groundbreaking in this work.

They called for strategic alliances with black men to oppose racism, white women to oppose sexism and lesbians to oppose homophobia. This was an example of how an intersectional understanding of identity and social power relations can create more opportunities for action.

These ideas have, through political struggle, come to be accepted in feminist thinking and women’s studies scholarship. An increasing number of feminists now use the term “intersectional feminism”.

The term has moved from academia to feminist activist and social justice circles and beyond in recent years. Its popularity and widespread use means it is subjected to much scrutiny and debate about how and when it should be employed. For example, some argue that it should always include attention to racism and racialisation.

Recognising more issues makes feminism more effective

In writing about intersectionality, Crenshaw argued that singular approaches to social categories made black women’s oppression invisible. Many black feminists have pointed out that white feminists frequently overlook how racial categories shape different women’s experiences.

One example is hair discrimination. It is only in the 2020s that many organisations in South Africa, the UK and US have recognised that it is discriminatory to regulate black women’s hairstyles in ways that render their natural hair unacceptable.

This is an intersectional approach. White women and most black men do not face the same discrimination and pressures to straighten their hair.

View from behind of a young, black woman speaking to female colleagues in an office
Intersectionality can lead to more inclusive organisations, activism and social movements. Rawpixel.com/Shutterstock

“Abortion on demand” in the 1970s and 1980s in the UK and USA took no account of the fact that black women in these and many other countries needed to campaign against being given abortions against their will. The fight for reproductive justice does not look the same for all women.

Similarly, the experiences of working-class women have frequently been rendered invisible in white, middle class feminist campaigns and writings. Intersectionality means that these issues are recognised and fought for in an inclusive and more powerful way.

In the 35 years since Crenshaw coined the term, feminist scholars have analysed how women are positioned in society, for example, as black, working-class, lesbian or colonial subjects. Intersectionality reminds us that fruitful discussions about discrimination and justice must acknowledge how these different categories affect each other and their associated power relations.

This does not mean that research and policy cannot focus predominantly on one social category, such as race, gender or social class. But it does mean that we cannot, and should not, understand those categories in isolation of each other.

Ann Phoenix does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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Biden defends immigration policy during State of the Union, blaming Republicans in Congress for refusing to act

A rising number of Americans say that immigration is the country’s biggest problem. Biden called for Congress to pass a bipartisan border and immigration…

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President Joe Biden delivers his State of the Union address on March 7, 2024. Alex Brandon-Pool/Getty Images

President Joe Biden delivered the annual State of the Union address on March 7, 2024, casting a wide net on a range of major themes – the economy, abortion rights, threats to democracy, the wars in Gaza and Ukraine – that are preoccupying many Americans heading into the November presidential election.

The president also addressed massive increases in immigration at the southern border and the political battle in Congress over how to manage it. “We can fight about the border, or we can fix it. I’m ready to fix it,” Biden said.

But while Biden stressed that he wants to overcome political division and take action on immigration and the border, he cautioned that he will not “demonize immigrants,” as he said his predecessor, former President Donald Trump, does.

“I will not separate families. I will not ban people from America because of their faith,” Biden said.

Biden’s speech comes as a rising number of American voters say that immigration is the country’s biggest problem.

Immigration law scholar Jean Lantz Reisz answers four questions about why immigration has become a top issue for Americans, and the limits of presidential power when it comes to immigration and border security.

President Joe Biden stands surrounded by people in formal clothing and smiles. One man holds a cell phone camera close up to his face.
President Joe Biden arrives to deliver the State of the Union address at the US Capitol on March 7, 2024. Chip Somodevilla/Getty Images

1. What is driving all of the attention and concern immigration is receiving?

The unprecedented number of undocumented migrants crossing the U.S.-Mexico border right now has drawn national concern to the U.S. immigration system and the president’s enforcement policies at the border.

Border security has always been part of the immigration debate about how to stop unlawful immigration.

But in this election, the immigration debate is also fueled by images of large groups of migrants crossing a river and crawling through barbed wire fences. There is also news of standoffs between Texas law enforcement and U.S. Border Patrol agents and cities like New York and Chicago struggling to handle the influx of arriving migrants.

Republicans blame Biden for not taking action on what they say is an “invasion” at the U.S. border. Democrats blame Republicans for refusing to pass laws that would give the president the power to stop the flow of migration at the border.

2. Are Biden’s immigration policies effective?

Confusion about immigration laws may be the reason people believe that Biden is not implementing effective policies at the border.

The U.S. passed a law in 1952 that gives any person arriving at the border or inside the U.S. the right to apply for asylum and the right to legally stay in the country, even if that person crossed the border illegally. That law has not changed.

Courts struck down many of former President Donald Trump’s policies that tried to limit immigration. Trump was able to lawfully deport migrants at the border without processing their asylum claims during the COVID-19 pandemic under a public health law called Title 42. Biden continued that policy until the legal justification for Title 42 – meaning the public health emergency – ended in 2023.

Republicans falsely attribute the surge in undocumented migration to the U.S. over the past three years to something they call Biden’s “open border” policy. There is no such policy.

Multiple factors are driving increased migration to the U.S.

More people are leaving dangerous or difficult situations in their countries, and some people have waited to migrate until after the COVID-19 pandemic ended. People who smuggle migrants are also spreading misinformation to migrants about the ability to enter and stay in the U.S.

Joe Biden wears a black blazer and a black hat as he stands next to a bald white man wearing a green uniform and a white truck that says 'Border Patrol' in green
President Joe Biden walks with Jason Owens, the chief of the U.S. Border Patrol, as he visits the U.S.-Mexico border in Brownsville, Texas, on Feb. 29, 2024. Jim Watson/AFP via Getty Images

3. How much power does the president have over immigration?

The president’s power regarding immigration is limited to enforcing existing immigration laws. But the president has broad authority over how to enforce those laws.

For example, the president can place every single immigrant unlawfully present in the U.S. in deportation proceedings. Because there is not enough money or employees at federal agencies and courts to accomplish that, the president will usually choose to prioritize the deportation of certain immigrants, like those who have committed serious and violent crimes in the U.S.

The federal agency Immigration and Customs Enforcement deported more than 142,000 immigrants from October 2022 through September 2023, double the number of people it deported the previous fiscal year.

But under current law, the president does not have the power to summarily expel migrants who say they are afraid of returning to their country. The law requires the president to process their claims for asylum.

Biden’s ability to enforce immigration law also depends on a budget approved by Congress. Without congressional approval, the president cannot spend money to build a wall, increase immigration detention facilities’ capacity or send more Border Patrol agents to process undocumented migrants entering the country.

A large group of people are seen sitting and standing along a tall brown fence in an empty area of brown dirt.
Migrants arrive at the border between El Paso, Texas, and Ciudad Juarez, Mexico, to surrender to American Border Patrol agents on March 5, 2024. Lokman Vural Elibol/Anadolu via Getty Images

4. How could Biden address the current immigration problems in this country?

In early 2024, Republicans in the Senate refused to pass a bill – developed by a bipartisan team of legislators – that would have made it harder to get asylum and given Biden the power to stop taking asylum applications when migrant crossings reached a certain number.

During his speech, Biden called this bill the “toughest set of border security reforms we’ve ever seen in this country.”

That bill would have also provided more federal money to help immigration agencies and courts quickly review more asylum claims and expedite the asylum process, which remains backlogged with millions of cases, Biden said. Biden said the bipartisan deal would also hire 1,500 more border security agents and officers, as well as 4,300 more asylum officers.

Removing this backlog in immigration courts could mean that some undocumented migrants, who now might wait six to eight years for an asylum hearing, would instead only wait six weeks, Biden said. That means it would be “highly unlikely” migrants would pay a large amount to be smuggled into the country, only to be “kicked out quickly,” Biden said.

“My Republican friends, you owe it to the American people to get this bill done. We need to act,” Biden said.

Biden’s remarks calling for Congress to pass the bill drew jeers from some in the audience. Biden quickly responded, saying that it was a bipartisan effort: “What are you against?” he asked.

Biden is now considering using section 212(f) of the Immigration and Nationality Act to get more control over immigration. This sweeping law allows the president to temporarily suspend or restrict the entry of all foreigners if their arrival is detrimental to the U.S.

This obscure law gained attention when Trump used it in January 2017 to implement a travel ban on foreigners from mainly Muslim countries. The Supreme Court upheld the travel ban in 2018.

Trump again also signed an executive order in April 2020 that blocked foreigners who were seeking lawful permanent residency from entering the country for 60 days, citing this same section of the Immigration and Nationality Act.

Biden did not mention any possible use of section 212(f) during his State of the Union speech. If the president uses this, it would likely be challenged in court. It is not clear that 212(f) would apply to people already in the U.S., and it conflicts with existing asylum law that gives people within the U.S. the right to seek asylum.

Jean Lantz Reisz does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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