Blacks and the Race Question at Harvard Randall

Total Page:16

File Type:pdf, Size:1020Kb

Blacks and the Race Question at Harvard Randall INTRODUCTION: BLACKS AND THE RACE QUESTION AT HARVARD RANDALL KENNED Y The history of blacks at Harvard mirrors, for better or for worse, the history o f black s i n th e Unite d States . Harvard , too , ha s been in - delibly scarred b y slavery, exclusion, segregation, an d other form s o f racist oppression. A t the same time, the nation's oldest university has also supported an d allowe d itsel f t o b e influence d b y th e variou s reform movements that have dramatically changed the nature of race relations acros s th e nation . Th e stor y o f black s a t Harvar d i s thus inspiring but painful, instructive but ambiguous—a paradoxical episode in the most vexing controversy of American life: "th e race question." The evolution of the race question at Harvard is tellingly displayed by the documents tha t hav e been collecte d her e b y Werner Sollors , Caldwell Titcomb, and Thomas A. Underwood. Tw o salient character- istics distinguis h th e collection . Th e firs t i s th e ric h variet y o f it s sources. Include d in this documentary history are scholarly overviews, poems, short stories , speeches, well-known memoir s b y the famous , previously unpublishe d memoir s b y th e lesse r known , newspape r accounts, letters, officia l paper s o f th e university , an d transcript s o f debates. Th e editors bring to their compilation persons as diverse as Booker T Washington , Monroe Trotter, William Hastie, Malcolm X, and Muriel Snowden to convey the complex and various ways in which Harvard has affected th e thinking of African Americans and the ways, in turn, in which African American s have influenced th e traditions of Harvard and Radcliffe. Notabl e among the contributors are significant figures i n African-American letters : Philli s Wheatley , Alai n Locke , Sterling Brown , Counte e Cullen , Marit a Bonner , Jame s Ala n McPherson, and Andrea Lee. Equall y salient are some of the nation's xviii Introduction leading historians : W.E.B . D u Bois , Rayfor d Logan , Joh n Hop e Franklin, an d Nathan I. Huggins. The second noteworth y characteristic of th e collection i s its lack of sentimentality. Th e editors have made no attempt to hide or mini- mize embarrassment s o r conflicts , regardles s o f th e actor s involved . The resul t i s a sourceboo k tha t bring s reader s close—perhap s o n occasion uncomfortabl y close—t o a histor y tha t i s ful l o f painfu l tensions. The documents tha t constitute Blacks at Harvard can usefully be divided into three periods: (1 ) the era during which Harvard excluded virtually al l Africa n American s fro m participatio n i n th e intellectua l life of th e school; (2) the er a during which Harvar d admitted a small number o f blac k students , exclude d blac k teachers , an d generall y relegated "th e rac e question " t o th e margin s o f th e university' s consciousness; an d (3 ) th e er a durin g whic h th e number s o f blac k students a t Harvar d ros e dramatically , blac k scholar s emerge d a s a small bu t discernibl e presenc e o n th e faculty , an d the rac e questio n became no t onl y a centra l an d burnin g issue , bu t als o a n issu e institutionalized t o a considerable degree throug h the creation of a n Afro-American Studie s Department . I African Americans affected lif e at Harvard long before they came to the campu s a s students o r professors. A s Emor y J. West notes i n his essay , "Harvar d an d th e Blac k Man , 1636-1850, " th e universit y reaped considerable benefits from the slave trade, which was, through- out much of the seventeenth an d eighteenth centuries , a major pillar of Ne w England' s commerce . Student s an d professor s a t Harvar d owned slave s (includin g a t leas t tw o president s o f th e university , Increase Mathe r an d Benjamin Wadsworth) . An d students an d pro- fessors helpe d t o justify "th e peculiar institution. " I n hi s essay "Th e Black Presenc e a t Harvard, " Caldwel l Titcom b attribute s t o Dea n Henry Eusti s th e statemen t tha t blacks ar e "littl e abov e beasts," and quotes Dean Nathaniel Shaler as declaring that blacks were "unfi t for an independent plac e i n a civilized state. " Yet , i t i s a student wh o earns th e dubiou s distinctio n o f havin g uttered th e mos t memorabl e example of racist , pro-slaver y advocacy in the documents tha t follow . At " A Forensic Disput e o n th e Legalit y o f Enslavin g th e Africans , Introduction xix Held a t th e Publi c Commencemen t [o f Harvar d College ] i n Cambridge, New-England , (Boston , 1773), " a graduatin g senior , defending slavery , aske d revealingly : "[W]h o I beseec h you , eve r thought the consent of a child, an ideot, or a madman necessary to his subordination? Ever y whi t a s immaterial , i s th e consen t o f thes e miserable Africans, whose real character seems to be a compound o f the thre e las t mentioned . Wha t ca n avai l hi s consent , wh o through ignoranc e of the means necessary to promote his happiness, is rendered altogethe r incapable of choosing for himself? " Although man y member s o f th e Harvar d communit y eithe r defended o r tolerate d slaver y (wit h al l o f th e damagin g intellectua l and mora l implication s flowin g fro m suc h positions) , som e di d pla y outstanding roles in the antislavery campaign. Lati n Professor Charles Beck, for instance, aided runaway slaves, going so far a s to put a trap door o n th e secon d floo r o f hi s residence (no w Warren House , th e home o f the Harvar d Englis h Department) t o help fugitive s movin g north o n th e Undergroun d Railroad . Th e mos t prominen t fact , however, abou t Harvar d an d it s relationshi p wit h blac k American s prior to the Civi l War, is that, by and large, the university firmly shut its door s t o Africa n Americans . Fo r a brie f momen t i n 1850 , i t seemed tha t tha t traditio n woul d change. I n tha t year, the Harvar d Medical School admitted three black students: Danie l Laing, Jr., Isaac H. Snowden, and Martin R. Delany. Ye t this break with tradition was short-lived. Th e Medica l Schoo l administratio n expelle d th e blacks at the end of their first sessio n of classes because of pressure exerted by white student s oppose d t o th e blacks ' presence. Explainin g th e Medical School's action, Dean Olive r Wendell Holmes (the father o f Justice Holmes ) maintaine d tha t "th e intermixin g o f th e whit e an d black races i n their lecture room s i s distasteful t o a large portion o f the class and injuriou s t o the interests of the school." Setting asid e th e Medica l School' s brie f experiment , Harvar d University shu t it s doors t o Africa n American s throughou t th e firs t 229 years of its existence. II The origins o f a n African-American presenc e amon g students at Harvard dates back to the years immediately following the Civil War. In 1865 , th e Medica l Schoo l reverse d it s polic y prohibitin g blac k XX Introduction students and admitted Edwin C.J.T. Howard. Th e same year, Harvard College admitted Richar d T. Greener. Fou r years later, Howard an d two other African-America n students—Georg e L . Ruffin o f the La w School, an d Rober t Tanne r Freema n o f th e Dental School—becam e the first blacks to graduate from Harvard, an accomplishment attaine d in 187 0 by Greener . These students an d the trickle that followe d the m encountered a complicated se t o f conflictin g response s a t Harvard . I n importan t respects, the y foun d a communit y willin g t o recognize , develop, an d reward thei r talent s an d achievements . W.E.B . Du Bois' s memorie s of his Harvard years are filled with praise (as well as criticism) for th e university: Harvard University in 1888 was a great institution of learning.... From the beginning my relations with most of the teachers at Harvard were pleasant. They wer e o n th e whol e gla d t o receiv e a seriou s student..
Recommended publications
  • Crack Cocaine, Congressional Inaction, and Equal Protection
    CRACK COCAINE, CONGRESSIONAL INACTION, AND EQUAL PROTECTION PAUL J. LARKIN, JR.* I. THE HISTORY OF FEDERAL DRUG POLICY ........... 244 II. CRACK COCAINE, RACE, AND EQUAL PROTECTION LAW ................................................. 249 A. Legislation and Equal Protection Law ....... 250 B. Legislative Inaction and Equal Protection Law .................................................................. 258 1. The Article I Lawmaking Process ......... 259 2. The Due Process Clause ......................... 263 3. Equal Protection Principles ................... 271 III. CRACK COCAINE, RACE, AND FEDERAL DRUG POLICY .................................................................... 278 IV. CONCLUSION ......................................................... 294 Criminal justice policy, drug policy, and racial policy are three of the most contentious subjects in contemporary Ameri- can society.1 For the past thirty years, they have intersected be- cause of the Anti-Drug Abuse Act of 1986.2 Enacted in the midst of a panic over the emergence of a new form of cocaine * Senior Legal Research Fellow, The Heritage Foundation; M.P.P., George Wash- ington University, 2010; J.D., Stanford Law School, 1980; B.A., Washington & Lee University, 1977. The views expressed in this Article are the author’s own and should not be construed as representing any official position of The Heritage Foun- dation. I want to thank Paul Cassell, Daniel Dew, Andrew Kloster, Joseph Luppino- Esposito, and Greg Maggs for helpful comments on an earlier draft of this Article. Any remaining errors are mine. 1. For discussions of these subjects, see, for example, MICHELLE ALEXANDER, THE NEW JIM CROW: MASS INCARCERATION IN THE AGE OF COLORBLINDNESS (rev. ed. 2012); STEVEN B. DUKE & ALBERT C. GROSS, AMERICA’S LONGEST WAR: RETHINKING OUR TRAGIC CRUSADE AGAINST DRUGS (1993); RANDALL KENNEDY, RACE, CRIME, AND THE LAW (1997); GLENN C.
    [Show full text]
  • Discriminatory Acquittal
    William & Mary Bill of Rights Journal Volume 18 (2009-2010) Issue 1 Article 4 October 2009 Discriminatory Acquittal Tania Tetlow Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Civil Rights and Discrimination Commons Repository Citation Tania Tetlow, Discriminatory Acquittal, 18 Wm. & Mary Bill Rts. J. 75 (2009), https://scholarship.law.wm.edu/wmborj/vol18/iss1/4 Copyright c 2009 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj DISCRIMINATORY ACQUITTAL Tania Tetlow* ABSTRACT This article is the first to analyze a pervasive and unexplored constitutional problem: the rights of crime victims against unconstitutional discrimination by juries. From the Emmett Till trial to that of Rodney King, there is a long history of juries acquitting white defendants charged with violence against black victims. Modem empirical evidence continues to show a devaluation of black victims; dramatic dis- parities exist in death sentence and rape conviction rates according to the race of the victim. Moreover, just as juries have permitted violence against those who allegedly violated the racial order, juries use acquittals to punish female victims of rape and domestic violence for failing to meet gender norms. Statistical studies show that the "appropriateness" of a female victim's behavior is one of the most accurate predictors of conviction for gender-based violence. Discriminatory acquittals violate the Constitution. Jurors may not constitutionally discriminate against victims of crimes any more than they may discriminate against defendants. Jurors are bound by the Equal Protection Clause because their verdicts constitute state action, a point that has received surprisingly little scholarly analysis.
    [Show full text]
  • Critical Race Theory's Attack on the Promises of Liberalism Jeffrey J
    Boston College Law Review Volume 40 Issue 3 Association Of American Law Schools Program Article 6 On Race & Criminal Justice 5-1-1999 Race, Equality and the Rule of Law: Critical Race Theory's Attack on the Promises of Liberalism Jeffrey J. Pyle [email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the African American Studies Commons, Civil Rights and Discrimination Commons, Ethnic Studies Commons, Inequality and Stratification Commons, Law and Society Commons, and the Race and Ethnicity Commons Recommended Citation Jeffrey J. Pyle, Race, Equality and the Rule of Law: Critical Race Theory's Attack on the Promises of Liberalism, 40 B.C.L. Rev. 787 (1999), http://lawdigitalcommons.bc.edu/bclr/vol40/iss3/6 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. RACE, EQUALITY AND THE RULE OF LAW: CRITICAL RACE THEORY'S ATTACK ON THE PROMISES OF LIBERALISM I NTRODUCTION In recent years, critical race theory ("CRT") has come to occupy a conspicuous place in American law schools.' The theory holds that despite the great victories of the civil rights movement, liberal legal thought2 has consistently failed African Americans and other minori- I See generally Stephanie 14. Goldberg, The Law, a New Theory Holds, Has a White Voice, N.Y. TIMES, July 17, 1992, at A23 (describing critical race theory as having had "all undeniable impact on legal education"); Neil A.
    [Show full text]
  • Instructor's Guide
    The Fight for Free Speech Ten Cases That Define Our First Amendment Freedoms BY IAN ROSENBERG Instructor’s Guide A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all. 312 pages | Cloth | 9781479801565 • • • Law | Politics | Current Events Ian Rosenberg has over twenty years of experience as a media lawyer, and has worked as legal counsel for ABC News since 2003.
    [Show full text]
  • Michael Higginbotham
    UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL SEMESTER 2017 SYLLABUS RACE AND THE LAW LAW 823-511 (4099) MICHAEL HIGGINBOTHAM COURSE DETAILS Professor: Michael Higginbotham Time: Designated Wednesdays (see schedule of classes) 9:00 – 11:45 am Course Category: Upper-Level Limited Enrollment Elective Classroom: University of Baltimore School of Law Angelos Law Center AL 602 Office Hours: Mondays 1:00 – 2:00 pm Wednesdays noon – 1:00 pm (or by appointment) Office: University of Baltimore School of Law Angelos Law Center AL 1115 Phone: 410-837-4649 E-mail: [email protected] Twitter: @professorhigg Website: fmichaelhigginbotham.org Assistant: Shavaun O’Brien Office: University of Baltimore School of Law Angelos Law Center AL 1112 Phone: 410-837-4635 E-mail: [email protected] Facsimile: 410-837-4560 TWEN/Web: Syllabus, distributed materials, announcements, and assignments available on TWEN or http://law.ubalt.edu/academics/Semester.cfm Texts: Required: A. Leon Higginbotham, Jr., In the Matter of Color: Race and the American Legal Process, The Colonial Period (New York: Oxford University Press, 1978). Available in hardback or paperback at the University of Baltimore Bookstore. 1 A. Leon Higginbotham, Jr., Shades of Freedom: Racial Politics and Presumptions of the American Legal Process (New York: Oxford University Press, 1996). Available in hardback or paperback at the University of Baltimore Bookstore. F. Michael Higginbotham, RACE LAW: Cases, Commentary, and Questions (Fourth Edition) (Durham: Carolina Academic Press, 2015). Available in hardback at the University of Baltimore Bookstore. F. Michael Higginbotham, Ghosts of Jim Crow: Ending Racism in Post-Racial America (New York: New York University Press, 2013).
    [Show full text]
  • Disparate Effects in the Criminal Justice System: a Response to Randall Kennedy's Comment and Its Legacy
    UCLA National Black Law Journal Title Disparate Effects in the Criminal Justice System: A Response to Randall Kennedy's Comment and Its Legacy Permalink https://escholarship.org/uc/item/4b57c56b Journal National Black Law Journal, 14(2) ISSN 0896-0194 Author Nelson, Janai S. Publication Date 1997 Peer reviewed eScholarship.org Powered by the California Digital Library University of California Disparate Effects in the Criminal Justice System: A Response to Randall Kennedy's Comment and Its Legacy Janai S. Nelson* I. INTRODUCTION For many African Americans, the criminal justice system symbolizes an oppressive force, and yet, is a necessary institution in an increasingly lawless society. We' are at the same time its victims and beneficiaries, although various sentiments exist regarding the extent to which we are either. It is precisely this paradox, coupled with the promulgation of cer- tain criminal legislation and legal precedent which directly and, potentially, adversely affect the African-American community, 2 that inspired me to ad- dress the issues and arguments raised in Randall Kennedy's The State, CriminalLaw, and Racial Discrimination:A Comment3 and their resound- ing implications.4 In particular, this Essay focuses on two timely and controversial law enforcement issues facing the courts and the African-American commu- nity: the crack/powder cocaine distinction in criminal statutes and selective prosecution claims based on the disparity between federal and state sen- tencing schemes. I examine the experiences of our community that shape our response to these issues by addressing the constitutional claims raised by African-American defendants in two portentous criminal cases-one state and one federal-and confronting important arguments made by Kennedy in the areas of law enforcement and constitutional analysis.
    [Show full text]
  • Racial Passing
    Racial Passing RANDALL KENNEDY* I. PASSING: A DEFINrIoN Passing is a deception that enables a person to adopt certain roles or identifies from which he would be barred by prevailing social standards in the absence of his misleading conduct. The classic racial passer in the United States has been the "white Negro": the individual whose physical appearance allows him to present himself as "white" but whose "black" lineage (typically only a very partial black lineage) makes him a Negro according to dominant racial rules. A passer is distinguishable from the person who is merely mistaken-the person who, having been told that he is white, thinks of himself as white, and holds himself out to be white (though he and everyone else in the locale would deem him to be "black" were the facts of his ancestry known).' Gregory Howard Williams was, for a period, such a person.2 The child of a white mother and a light-skinned Negro man who pretended to be white, Williams assumed that he, too, was white.3 Not until he was ten years old, when his parents * B.A. Princeton University, J.D. Yale Law School. This essay was derived from the 1998-1999 Frank R. Strong Law Forum Lecture delivered at The Ohio State University College of Law. 1 Some blacks have unknowingly been perceived as white. St. Clair Drake and Horace R. Cayton relate the experiences of a fair-skinned Negro woman who was initially treated with respect by a storeowner. Unbeknownst to her, the white proprietor took her to be a white person.
    [Show full text]
  • Thurgood Marshall Memorial Lecture Roger Williams University School of Law
    Roger Williams University DOCS@RWU Conferences, Lectures & Events School of Law Publications 2-12-2014 Thurgood Marshall Memorial Lecture Roger Williams University School of Law Follow this and additional works at: http://docs.rwu.edu/law_pubs_conf Recommended Citation Roger Williams University School of Law, "Thurgood Marshall Memorial Lecture" (2014). Conferences, Lectures & Events . Paper 54. http://docs.rwu.edu/law_pubs_conf/54 This Article is brought to you for free and open access by the School of Law Publications at DOCS@RWU. It has been accepted for inclusion in Conferences, Lectures & Events by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. Thurgood Marshall Memorial Lecture Wednesday, February 12, 2014 1:00 pm - 2:00 pm | Ten Metacom Avenue, Bristol, Rhode Island Thurgood Marshall Memorial Lecture Featuring Harvard Law Professor Randall Kennedy Sponsored by Hinckley Allen 1:00 p.m. RWU Law Room 262 The School of Law presents its sixth lecture in this series, which honors the memory of Thurgood Marshall. Thurgood Marshall was a key architect of the legal strategy that convinced the Supreme Court to declare unconstitutional the doctrine of “separate but equal,” which had allowed racial segregation in public education and many other aspects of American life. Thurgood Marshall later served with distinction and as a protector of civil rights as Solicitor General of the United States and later as the first African-American Justice on the United States Supreme Court. Randall Kennedy is Michael R. Klein Professor at Harvard Law School where he teaches courses on contracts, criminal law, and the regulation of race relations.
    [Show full text]
  • The Law Academy and the Public Intellectual Arthur Austin Case Western Reserve University School of Law
    Roger Williams University Law Review Volume 8 | Issue 2 Article 2 Spring 2003 The Law Academy and the Public Intellectual Arthur Austin Case Western Reserve University School of Law Follow this and additional works at: http://docs.rwu.edu/rwu_LR Recommended Citation Austin, Arthur (2003) "The Law Academy and the Public Intellectual," Roger Williams University Law Review: Vol. 8: Iss. 2, Article 2. Available at: http://docs.rwu.edu/rwu_LR/vol8/iss2/2 This Article is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion in Roger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. ARTICLES The Law Academy and the Public Intellectual Arthur Austin* I. INTRODUCTION A. Posner in Decline? The Wolfes I of the Received Wisdom got the opportunity for a good old payback time when Judge Richard Posner stumbled with the publication of Public Intellectuals:A Study of Decline.2 Per- haps expectations were too high for someone esteemed as the na- tion's preeminent intellectual - the "object of scholarly envy and awe."3 Certainly he could not expect favors after "an omni direc- tional Gatling gun" spree in which he hurls bombs at every other pretender 4 and, relying on "his own hunches and grudges," 5 deter- mines the boundaries of who is a Public Intellectual. 6 Alan Wolfe, who made the cut, complains that Posner's decisions "are not merely arbitrary; they are nonsensical." 7 But it was not the crite- * Edgar A.
    [Show full text]
  • A Critique of Professor Derrick A. Bell's Thesis of the Permanence of Racism and His Strategy of Confrontation
    Denver Law Review Volume 73 Issue 1 Article 5 January 2021 A Critique of Professor Derrick A. Bell's Thesis of the Permanence of Racism and His Strategy of Confrontation Leroy D. Clark Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Leroy D. Clark, A Critique of Professor Derrick A. Bell's Thesis of the Permanence of Racism and His Strategy of Confrontation, 73 Denv. U. L. Rev. 23 (1995). This Article is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. A CRITIQUE OF PROFESSOR DERRICK A. BELL'S THESIS OF THE PERMANENCE OF RACISM AND HIS STRATEGY OF CONFRONTATION LEROY D. CLARK* INTRODUCTION Professor Derrick A. Bell's book, Faces at the Bottom of the Well: The Permanence of Racism,' challenges tenets and ideals deeply held by civil rights organizations and by the larger liberal-integrationist community. Profes- sor Bell charges that white society has never relinquished, and more impor- tantly, will never relinquish, a deep-rooted racism, and that there has been, even in recent history, no true diminution in racial discrimination. I will endeavor to counter Professor Bell's claims by examining the his- torical record and by interpreting current American culture. Critics have yet to give Professor Bell's claims the fully objective assessment they merit,2 al- though one can always characterize the dispute as a "glass is half empty or half full" problem.3 I will therefore confront something quite deeper which is * Professor of Law, Catholic University Law School.
    [Show full text]
  • Nigger: a Critical Race Realist Analysis of the N-Word Within Hate Crimes Law, 98 J
    Journal of Criminal Law and Criminology Volume 98 Article 3 Issue 4 Summer Summer 2008 Nigger: A Critical Race Realist Analysis of the N- Word within Hate Crimes Law Gregory S. Parks Shayne E. Jones Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Gregory S. Parks, Shayne E. Jones, Nigger: A Critical Race Realist Analysis of the N-Word within Hate Crimes Law, 98 J. Crim. L. & Criminology 1305 (2007-2008) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/08/9804-1305 THE JOURNALOF CRIMINAL LAW & CRIMINOLOGY Vol. 98, No. 4 Copyright © 2008 by Northwestern University, School of Law Printed in U.S.A. "NIGGER": A CRITICAL RACE REALIST ANALYSIS OF THE N-WORD WITHIN HATE CRIMES LAW GREGORY S. PARKS* & SHAYNE E. JONES** A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used. -- Oliver Wendell Holmes Although the slang epithet "nigger" may once have been in common usage ... [it] has become particularly abusive and insulting ... as it pertains to the American Negro. 2 -Louis H. Burke [C]rimes motivated by bigotry usually arise not out of the pathological rantings and ravings of a few deviant types in organized hate groups, but out of the very mainstream of society.
    [Show full text]
  • QUOTING EPITHETS in the CLASSROOM and BEYOND Randall Kennedy* & Eugene Volokh** [DRAFT, Aug
    QUOTING EPITHETS IN THE CLASSROOM AND BEYOND Randall Kennedy* & Eugene Volokh** [DRAFT, Aug. 29, 2020] I. INTRODUCTION Is it wrong for professors to quote epithets—especially “nigger”— in class or other educational settings? This question has often been in the news in recent years. In law schools, it has arisen when a First Amendment law professor quoted the defendants’ speech from a leading First Amendment case (Brandenburg v. Ohio);1 another First Amendment law professor (one of us) quoted the facts in a rare example of a hate speech prosecution;2 a torts professor quoted the facts of a case involving claims of intentional infliction of emotional distress and wrongful discharge;3 a professor teach- ing a legal history class quoted a statement attributed to Patrick Henry;4 a criminal law professor posed a hypothetical about provocation and self-defense;5 and a guest lecturer in a class on tobacco regulation displayed and quoting copies of racist adver- tising.6 In other departments, the question has arisen when a political science professor quoted a passage from Martin Luther King, Jr.’s Letter from Birmingham Jail;7 a his- tory professor quoted a 1920 statement by U.S. Senator James Reed explaining his opposition to the League of Nations;8 a history professor quoted James Baldwin’s The * Michael R. Klein Professor of Law, Harvard Law School. ** Gary T. Schwartz Professor of Law, UCLA School of Law. 1 Professor at Wake Forest University Apologizes for Reading the N-Word Aloud in Class, J. BLACKS IN HIGHER ED., Apr. 7, 2020, https://www.jbhe.com/2020/04/professor-at-wake-forest- university-apologizes-for-reading-the-n-word-aloud-in-class/.
    [Show full text]