Buffalo Law Review Volume 41 Number 2 Article 4 4-1-1993 "Hell Man, They Did Invent Us:" The Mass Media, Law, and African Americans Adeno Addis Tulane University Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Civil Rights and Discrimination Commons, Law and Race Commons, and the Mass Communication Commons Recommended Citation Adeno Addis, "Hell Man, They Did Invent Us:" The Mass Media, Law, and African Americans, 41 Buff. L. Rev. 523 (1993). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol41/iss2/4 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. "Hell Man, They Did Invent Us:"' The Mass Media, Law, and African Americans ADENO ADDIS* The Orient is not only adjacent to Europe; it is also ... one of [Europe's] deepest and most recurringimages of the Other. In addition, the Orient has helped to define Europe (or the West) as its contrastingimage, idea, person- ality, experience... [Without examining Orientalism as a discourse one 1. The first part of the title of this Article is taken from a story recounted by Derrick Bell: A few years ago, I was presenting a lecture in which I enumerated the myriad ways in which black people have been used to enrich this society and made to serve as its proverbial scapegoat. I was particularly bitter about the country's practice of accepting black contributions and ignoring the contributors. Indeed, I suggested, had black people not existed, America would have invented them. From the audience, a listener reflecting more insight on my subject than I had shown, shouted out, 'Hell man, they did invent us.' Derrick Bell, White Superiorityin America: Its Legal Legacy, Its Economic Costs, 33 VILL. L. REV. 767, 767 (1988) (emphasis added). Two important insights emerge from the listener's comment. Specifically, the comment draws attention to how European Americans might have produced what it is to be an African American. The African American who is the subject of discourse among European Americans is in fact largely the invention of European Americans. Second, and more generally, the comment alerts us to the fact that, quite often, dominant groups invent the "Other." The Other is a relational invention. At this general level, Bell's listener is wearing a postmodernist hat. It is the dominant group's tendency to incorporate the dominated or the less power- ful as the Other that Oscar Wilde was resisting when he observed that "the whole of Japan is a pure invention. There is no such country, there are no such people." OSCAR WILDE, The Decay of Lying, in INTENTIONS 3, 47 (1905), cited in Kwame A. Appiah, Is the Post- in Postmodernism the Post-in Postcolonial?,17 CRrrICAL INQUIRY 336, 347 (1991). It may be argued that this is the theme that guides Edward Said's work. See EDWARD SAID, ORIENTALISm 1 (1978) ("The Orient was almost a European invention, and has been since antiquity a place of romance, exotic beings, haunting memories and landscapes, remarkable experiences."). As I hope will be made clear during the course of this article, the claim here is not that there are no such things as an African American, or Japan or Africa. The point is that the images of each of these subjects, which are prepared for the consumption of European Americans, are the invention of Europeans and European Americans. In its consumability each subject is incorporated into the value system of the "appropriator," where the appropriated subject is defined as the objective Other in the cognitive and so- cial map of the appropriator. * Associate Professor of Law, Tulane University. I am grateful to friends and col- leagues for their thoughtful comments and suggestions. I would especially like to thank Kathryn Abrams, T. Alexander Aleinikoff, Robin Barnes, Ruth Colker, Michael Collins, Madeline Morris, Thomas Ross, Louis Seidman, Joseph Singer and Keith Werhan. I also thank Cathleen Cooper, Lisa Evans, David Matchen and Leon Rittenberg for their excellent research work. 524 BUFFALO LAW REVIEW [Vol. 41 cannot possibly understand the enormously systematic discipline by which European culture was able to manage-and even produce-the Orient po- 2 litically,sociologically, .. and imaginatively .... PROLOGUE It was a Monday evening, April 6, 1987, and I sat down to watch the ABC news program Nightline on the occasion of the fortieth anniversary of the day Jackie Robinson became the first African American 3 to play major league baseball. The guest was introduced as Al Campanis, the vice-president for player personnel of the Los Angeles Dodgers. He had been a Dodger executive when Robinson broke the color barrier, and he spoke about Robinson's professional life. Then came the following exchange between Ted Koppel, the program's host, and Campanis: Koppel: Why are there no black managers, general managers, or owners? Is there still that much prejudice in baseball today? Campanis: No, I don't believe it's prejudice. I truly believe [African Americans] may not have some of the necessities to be, let's say, a field manager or perhaps a general manager. Koppel: Do you really believe that? Campanis: Well, I don't say that all of them, but they certainly are short. How many quarterbacks do you have, how many pitchers do you have that are black? Koppel: Yeah, but I got to tell you, that sounds like the same gar- bage we were hearing forty years ago about players. Campanis: No, it's not garbage, Mr. Koppel, because I played on a col- lege team, and the center fielder was black, and in the back- field at NYU was a fullback who was black. Never knew the difference whether he was black or white. We were team- mates. So it might just be, why are black men or black peo- ple not good swimmers? Because they don't have the buoy- ancy.4 During the above exchange, my feelings vacillated between rage and despair. Rage, because this man who had come on the pro- gram supposedly to celebrate the strength and courage of an African American who had suffered enormous pain and humiliation from 2. SAID, supranote 1, at 1-3. If one substituted the word "African American" for "the Orient" and "European American" for "Europe," Edward Said's comment would aptly de- scribe part of the concern of this article. 3. In this article I use the terms "African American" and "black" interchangeably. 4. Nightline (ABC television broadcast, Apr. 6, 1987), reprinted in PHILLIP M. HOOSE, NECESSITIES: RACIAL BARRIERS IN AMERICAN SPORTS xv-xvi (1989). 1993] MEDIA, LAW, AND AFRICANAMERICANS 525 racism simply because he wanted to play baseball, was reproducing and repeating the very stereotypes against which Jackie Robinson struggled. Despair, because if a man who introduced himself as a friend of an African American could not only hold but express such views without the slightest hesitation, and apparently without feel- ing that he was being racist, then perhaps stereotypes about African Americans have become an accepted part of everyday life and a normal part of doing business. There was another dimension to my despair that led me to re- flect on the role of the media in the constitution of the identities of African Americans. It is people like Campanis, former athletes and coaches, mostly white, who are hired as sportscasters in the elec- tronic media. If those sportscasters, share Campanis's view of the black people whose activities as athletes they describe daily, then sportscastirg might be a process which simply recycles myths and stereotypes about African Americans. Indeed, Campanis's descrip- tion of African Americans is remarkably similar to the sort of de- scriptions about which African American athletes, especially male athletes, complain; white sportscasters 5 often describe African Americans as physically gifted, but lacking mentally.6 Less than a year later, in January 1988, 1 read the transcript of an interview given by Jimmy (the Greek) Snyder, then a CBS sports commentator. Snyder, with the confidence of the historian, the ge- neticist, and the anthropologist all in one, declared, The black is a better athlete to begin with, because he's been bred to be that way. Because of his high thighs and big thighs that go up into his back. And they can jump higher and run faster because of their bigger thighs, you see. I'm telling you that the black is the better athlete and he practices to be the better athlete and he's bred to be the better athlete be- cause this goes all the way to the Civil War when, during the slave trad- ing, the owner, the slave owner, would breed this big woman so that he would have a big black kid, see. That's where it all started.7 Was this damaging stereotype limited to only some sportscasters in the media? Part of me desperately wanted to believe that it was just this handful of people who held these stereotypical views, but that the media on the whole presented a reasonably accu- rate view of African Americans. I wanted to believe this, because the alternative was to accept the rather depressing proposition that American society is locked into a cycle of racism in which the media 5. In this article I use the terms "European American" and "white" interchangeably. 6. See HOOSE, supra note 4, at 10-20; Tony Kornheiser, A Hue and Cry of Celtics' Gain, WASH.