
The Depressing Cycle of Racial AccusationThe arrest of Henry Louis Gates Jr. is about neither racial profiling nor playing the race card.
Posted Thursday, July 23, 2009, at 3:31 PM ET
As many of us learned early this week, Henry Louis Gates Jr., the eminent Harvard scholar of African-American culture, was arrested a week ago outside his own home in Cambridge, Mass. Gates had returned home after an overseas trip and found his front door was jammed. He forced it open with the help of his driver. One of his neighbors saw the men forcing the door and called the police to report a burglary. When the police arrived and demanded that Gates come outside (or "asked" depending on which account of events you believe), Gates refused and a confrontation ensued, which ended in Gates being placed under arrest for disorderly conduct.
Reactions were swift and predictable: For liberal civil rights activists, Gates was a victim of racial profiling. For law-and-order conservatives, Gates is a pampered black elitist who played the race card against a hardworking cop who was just trying to do his job (and said today that he won't apologize, as Gates has asked). Neither of these reactions offers much insight into Gates' arrest or how we can prevent similar episodes in the future. Instead, both play into the all-too-familiar pattern of every racial scandal in recent memory: a depressing cycle of racial accusation, denial, and recrimination, in which the arguments all have been made many times before, and everyone knows which side they're on before even hearing the facts.
Last night even the president weighed in, saying police acted "stupidly" by arresting Gates. Strong words, but Obama in his typically diplomatic style was careful to say he couldn't tell what role race played in the incident. The president got it right: There's no plausible justification for the arrest. It was worse than stupid—it was abusive. And that raises the suspicion that it was racially motivated. But there's really no evidence that the police officer involved was a racist rather than a bully with a badge or a decent cop who made a bad call in the heat of the moment.
Let's take the charge of racial profiling first. Strictly speaking, there was no profiling here: Sgt. James Crowley did not assume that professor Gates was a burglar because he fit some generic stereotype of a black criminal; he was responding to a 911 call. But racial profiling has become a sort of catchall term: If the police consider race in any way, it's profiling. The claim here is that once the police arrived, they treated Gates differently than they would have treated a white person in the same situation. It's clear that Sgt. Crowley, who arrived at Gates' home last Thursday, treated Gates as a suspect: He demanded that Gates step outside, and when Gates said he lived there, the officer demanded identification.
Was this racist? The witness who called 911 said that two black men were breaking into the house, so it wasn't outrageous for Crowley to suspect that the black man he saw inside the house had just broken in. If there was racial profiling, it began with the neighbor who described the burglary suspects in terms of race (or the 911 operator who probably prompted her to do so). But that's a normal part of a suspect description: Like sex, height, and weight, race is a convenient way to identify a person. Asking police to ignore race in a description of a specific suspect takes colorblindness way too far.
And even racial profiling in the sense of using race as a part of a generic composite of a typical criminal isn't necessarily racist. It's a tragic fact that blacks as a group commit a disproportionate number of certain types of crime. The trouble is that racial profiling—even if it's based on accurate generalizations—imposes a disproportionate share of the costs of law enforcement on innocent blacks, like professor Gates. Let's face it: It's hard to imagine that police would have presumed that a middle-aged white man who walks with a cane was a burglar.












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Police officers are not empowered to arrest people who call them racist. That's an opinion, political speech, and a right under the Constitution.
As to whether they can arrest people for screaming at them, it depends on the circumstances. If it is accompanied by aggression, an assault of any kind, terroristic threats (under the common legal meaning of "terroristic", i.e., inspiring terror as opposed to terrorism), movement toward the officer, with the intent of inciting a riot, or (in some jurisdictions) using offensive language, however it is defined, then probably so. Otherwise, pretty much not, at least not legally. You can legally say anything in any manner to a police officer that you can say to anybody else. Police in fact operate under legal constraints which do not affect the general public.
This does not mean that you should take it under advisement to go around berating police officers. The serve-and-protect model of police motivation that was drummed into police corps across the country in the aftermath of the response to anti-war demonstrations in the sixties and seventies has been heavily encroached on by the control-and-suppress model. Since most police departments do not have adequate procedures to test out psychologically unsuitable recruits except in the obvious instances, it may take a few hundred million-dollar lawsuits before their city, county, and state bosses get the picture.
-- J. Ackerman
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Frivolous arrest? Agree. Deeper race issue? Disagree.
Having heard more of the details of this case, I'm inclined to agree that the cop in question should be reprimanded for taking Gates into custody: the arrest simply wasn't justified.
This sort of thing happens all the time, however, and I don't imagine it can be eliminated without completely emasculating police authority. In other words minor abuse of power is an unfortunate side effect of necessary medicine. I could be wrong, and I would be curious to know what others think of this ancient and ubiquitous problem.
Taking this a springboard to explore issues of race and criminality doesn't make any sense, except in a purely "while you're all tuned in, let's talk about some related issues" way.
-- Llapgochmaster
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