I suppose at this point nothing that emanates from the race-baiting Trump-hating crew (some of whom are lawyers and law professors) should shock me. But Terry Smith’s efforts seem particularly pernicious.
The following descriptive passage was written by Noah Berlatsky and appeared as an op-ed at NBC, but in it Berlatsky is referring to work done by law professor Terry Smith:
If the Trump era has taught us anything, it’s that large numbers of white people in the United States are motivated at least in part by racism in the voting booth. Donald Trump ran an openly racist campaign for president…Trump made it clear in his campaign that “Make America Great Again” meant that America was greater when white people’s power was more sweeping and more secure. White voters approved of that message by a whopping 58 percent to 37 percent…
Terry Smith, a visiting professor at the University of Baltimore School of Law, offers a different response in his new book, “Whitelash: Unmasking White Grievance at the Ballot Box.” Rather than excuse racist voters or try to figure out how to live with their choices, he argues that racist voting is not just immoral, but illegal. The government, Smith says, has the ability, and the responsibility, to address it…
Smith argues that it’s in line with the Constitution and with years of court rulings. For example, Smith points out that racist appeals in union elections are illegal and that an election in which one side uses racist appeals can be invalidated by the National Labor Relations Board. Similarly, in the 2016 case Peña v. Rodriguez, the Supreme Court ruled that when a juror expresses overt bigotry, the jury’s verdict should be invalidated…
“When voters go to the booth, they’re not expressing a mere personal preference,” Smith told me. According to Smith, voters who pull the levers to harm black people are violating the Constitution. If the Constitution means that overt racist appeals undermine the legality of union elections, it stands to reason that they undermine the legality of other elections, as well.
Read the whole thing, and reflect on the fact that Terry Smith is indeed a law professor. And he’s not alone; a significant amount of this sort of “reasoning” – which law professors, of all people, should know uses false analogies and is antithetical to liberty as well as the Constitution – is offered by law professors these days. And why is NBC publicizing this sort of thing? I assume it’s with the goal of moving the Overton Window and making such thoughts more acceptable.
I wonder what Smith would say about the black voters who vote for Trump – would he disenfranchise them, too, or do they get a pass because of their race? Or maybe he assumes they don’t exist?
I became curious about Terry Smith, and when I Googled him I found a motherlode of fascinating information. He was let go by DePaul because of a rather interesting controversy:
Distinguished Professor of Law Terry Smith agreed to part ways with the university following an agreement with the university’s lawyers to end his civil rights lawsuit…
Smith said in his lawsuit that he had “suffered significant abuses” in retaliation for his outspokenness on racial issues within the law school. The university defended itself by saying Smith had acted aggressively and inappropriately toward other faculty members…
Johnson said that the latest edition of the Faculty Handbook was used against Smith, and could be used similarly against other faculty of color, citing a new rule that says a professor could be charged with
misconduct for displaying a “pattern of extreme aggression and intimidation towards colleagues.”
“As a person of color, I feel that section of the handbook makes faculty of color especially vulnerable,” Shelby said. “Sometimes the way that we communicate is seen as outside of the norm, but it’s very normal for us.”
“If you get charged with extreme aggression and intimidation against colleagues, that is a very substantive charge,” Johnson said. “What the hell does that even mean? What’s extreme to you may not be extreme to me. (…) Black men in particular and people of color in general are always pegged as threatening, intimidating, aggressive, just because of our appearance.”
Sumi Cho, a law professor and ally of Smith’s, was also brought up on this misconduct charge. “It’s no coincidence that a black man and Korean woman were the first targets of a misconduct charge involving a pattern of extreme aggression and intimidation of colleagues,” Johnson said.
So black men are allowed to be more aggressive because it’s part of their culture? WTF? Smith is asking to be evaluated by different rules as to what is aggressive and intimidating, because he’s a black man and his own standards are different. If a white person said something like this about black people, that person would be in mega-trouble.
It took me a while and several articles to discover at least a little bit of what Smith is actually accused of saying. Details were very hard to come by, but I struck a bit of pay dirt here:
Professor Terry Smith, an African-American labor law and voting rights scholar, is seeking $3 million in damages in a civil rights lawsuit filed against the law dean Jennifer Rosato Perea, former DePaul president Rev. Dennis H. Holtschneider and the university in February 2018.
Smith’s lawyer argued before a federal judge that the university should discontinue its ongoing attempt to terminate Smith for what it describes as a pattern of bullying and harassment until the suit is resolved. Eric Rumbaugh, who is representing DePaul in the case, argued that the school should not have to wait to move forward with firing Smith because his continuing “incivility” is an “existential threat” to the law school.
Smith felt the school had discriminated against him because he criticized its lack of racial diversity, passing him over for appointment to certain posts and committees. This part seems key:
One of the central controversies of the suit surrounds the tenure applications of Julie Lawton and Daniel Morales, two professors of color in the law school. Smith maintains he opposed their promotion because he harbored serious doubts about their qualifications, but Lawton and Morales said he only opposed them because they didn’t share his views on racial politics within the COL, court records show.
“Professors of color” can mean quite a few things, but Julie Lawton is black, and my guess is that Daniel Morales is Hispanic, but that doesn’t appear to have protected them from Smith’s wrath. Au contraire:
At a March 5, 2015 faculty meeting, Smith allegedly attacked and ridiculed other members of the law school. He accused Lawton of “disbelieving the concept of institutional racism,” and she asked him, for the second time, to leave her alone.
According to Lawton’s statement, he replied by saying, “I don’t give a fuck what you want! Who the hell are you to tell me that I can’t criticize you!”
In her statement, Lawton said Smith and Cho had attempted to characterize them as “a racial token pandering to the white establishment.”…
On Aug. 31, 2017, Rosato opened and authored her own investigation into the tenure controversy, despite the Telman report already clearing Smith of any wrongdoing five months earlier. She released the report in November 2017.
The report concluded that Smith, “acting in concert with Professor Sumi Cho, proceeded to carry out an orchestrated campaign to derail the Lawton and Morales tenure candidacies,” and that he engaged in “a pattern of bullying that rises to the level of extreme intimidation and aggression.”
Speaking specifically about Rosato’s investigation, a university spokesperson said, “the investigation was conducted fairly and objectively, according to the university’s established disciplinary process. It was motivated only by the desire to get to the bottom of the complaints about bullying, discord and toxic behavior, and to address those complaints in a way that protects the community and enables the law school to move forward together.”
Other law faculty, notably Maggie Livingston, the chair of the Tenure and Promotion Committee, claim Smith frequently used profanity and acted inappropriately and unprofessionally in the lead-up to the tenure votes. Livingston said in the report that Smith told her that “he had no use for any of [the candidates]” and called them “motherfuckers.”
The issue here is how much leeway should be given to professors to insult each other publicly or to harass each other. What sort of behavior is beyond the pale? What constitutes intimidation? How does race enter into it, if it does? In this case, both the accused, Smith, and his targets, the new professors, were “persons of color,” and that may have accounted for the bitterness and nastiness of Smith’s accusations – that he saw them as betraying what he sees as the proper politics for such people – his politics.