Did we settle for peanuts?
The Definitive Analysis of the Henry Louis Gates Arrest
Learning the Wrong Lessons
We are now a million words deep into our national analysis of the arrest of Prof. Henry Louis Gates. Like a media-created prism, Gates’ arrest and our reaction to it have been enormously revealing of the diversity of American political perceptions.
As usual, the lessons that most Americans are drawing from the event are superficial or just plain wrong. The emerging consensus is a mushy wash of opposing viewpoints: 1) Yes, racial profiling is a serious problem, but...2) Not in this case, which was more a matter of two grown men over-reacting to a minor conflict.
Did Crowley violate Gates’ constitutional rights?
This incident provided the perfect opportunity for Americans and their police to come to a greater understanding of how the Fourth Amendment works in practice. As we will see, the courts have witnessed a long history of official police misunderstanding of Fourth Amendment requirements. Sgt. Crowley committed a clear and obvious violation of Gates’ Fourth Amendment rights, but neither Crowley nor the Cambridge Police Department, nor indeed any other police department or policeman’s association, has admitted the obvious illegality of Crowley’s entry into Gates’ residence. The Fourth Amendment gives Americans an astonishing level of protection from government intrusion into our homes. Many Americans – including our police -- find it truly hard to believe we Americans really have that much freedom. We really do.
A second constitutional lesson is related to the First Amendment, which protects our freedom of speech. Both citizens and police should take this opportunity to learn that insulting and abusive words alone are virtually never sufficient to justify a disorderly conduct charge.
Our police officers are often acting in good faith when they follow “standard police procedures” but that is no justification when these procedures violate the constitution. We need to better police our standard police procedures – they must be brought in line with the Constitution. Not most of the time -- all the time. The Constitution is not optional.
Was Crowley guilty of Racial Profiling?
The next set of teachable moments relates to race. Sgt. Crowley was indeed guilty of racial profiling, as is established by the discrepancy between his police report and witness Lucia Whalen’s recorded 911 call.
The emerging consensus view that Crowley was not guilty of profiling is based on the fact that the event was widely discussed in the media before Ms. Whalen’s tape was finally released. Most people had already made up their minds by then, and the “Beer Summit” had already been scheduled. Crowley’s fellow officers, blacks and Latinos included, had already come out in his defense. It was widely known that Crowley taught a course on how to avoid police profiling. Crowley had made his deep admiration for Obama patently clear. Crowley came across as a good guy. Could such a guy really be guilty of profiling? Unequivocally, yes.
Crowley’s profiling was arguably of a very minor, tenuous sort. It’s not as if he wouldn’t have responded to the call if the alleged burglar were white. As Crowley approached Gates’ residence it seems that Crowley was thinking “I have to be careful, there may be armed burglars within the residence. It seems likely that they are black.” The problem is that Crowley had no reason for assuming that the alleged perpetrators were black. Where did that come from?
It came from a place beyond the reach of logic, or even awareness. The most common kind of racism in America, and indeed in the world, is known as “implicit racism,” which means that it is sub-conscious. If you don’t believe in the possibility of such sub-conscious bias, I urge you take some of the tests on the Implicit Associations Test available at the Harvard web-site. Most of us harbor some kind of racial bias, black people and Latinos included. It’s silly for all of us to pretend to be perfectly un-biased. Anyone who has grown up in a multicultural environment acquires stereotypical thinking. The trick is to learn to monitor our authorities – such as our police – to make sure that they do not act on their implicit judgments.