The Volokh Conspiracy

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Volokh Conspiracy

Harvard law professor Randall Kennedy on the black-tape incident

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Prof. Randall Kennedy (Harvard) has a New York Times op-ed today on the Harvard law school black-tape incident, and it struck me as worth passing along. A few excerpts, though you should read the whole thing:

In a grand corridor of Harvard Law School, framed professors' photographs hang on a wall. A week ago, someone put slivers of black tape over the faces of most of the African-American professors. I am one of those whose photograph was marked….

The identity and motives of the person or people behind the taping have not been determined. Perhaps the defacer is part of the law school community. But maybe not. Perhaps the defacer is white. But maybe not. Perhaps the taping is meant to convey anti-black contempt or hatred for the African-American professors. But maybe it was meant to protest the perceived marginalization of black professors, or was a hoax meant to look like a racial insult in order to provoke a crisis, or was a rebuke to those who have recently been taping over the law school's seal, which memorializes a family of slaveholders from colonial times. Some observers, bristling with certainty, insist that the message conveyed by the taping of the photographs is obvious. To me it is puzzling….

[Lots of interesting analysis omitted. -EV]

Disturbing, too, is a related tendency to indulge in self-diminishment by displaying an excessive vulnerability to perceived and actual slights and insults. Some activists seem to have learned that invoking the rhetoric of trauma is an effective way of hooking into the consciences of solicitous authorities. Perhaps it is useful for purposes of eliciting certain short-term gains.

In the long run, though, reformers harm themselves by nurturing an inflated sense of victimization. A colleague of mine whose portrait was taped over exhibited the right spirit when he jauntily declared that it would take far more than tape to slow him down.