Advancement Project

July 24, 2009

What Rights Do We Have?

The arrest of America’s most prominent Black scholar—while disturbing—validates the complaints of many African-American and Latino men about the second-class and oppressive treatment we receive at the hands of White police officers.

America should not need to see the evidence a famous black man with a PhD., handcuffed and arrested on his front porch, to understand that all our contact with the criminal justice system is disproportionately negative, overly punitive, unfair and racially discriminatory.

But because nothing significant has been done about these problems on a national, statewide, or local level anywhere, it’s clear that the shock of a 5-foot-7-inch, bespectacled, Khaki- and polo-wearing, cane-using professor getting arrested after simply pushing his way into his own house was necessary to bring more attention to these problems.

For one, we must limit the power of the police in situations like the one Gates encountered, where an officer is empowered to arrest anyone who questions his actions. It seems clear that the officer arrested Gates because Gates complained about his treatment by asking him repeatedly if he were being treated poorly because he was Black. And the cop, Sgt. James Crowley, didn’t like it. Crowley says Gates talked about his mother and insulted him. Whatever the exact details are, there was clearly a heated exchange. And Crowley was going to show him who was boss. This was about power-who has it and who does not. Although Gates was a Harvard professor and on his own property, Crowley was a cop with a badge and a gun and who felt he had the right to arrest anyone who was giving him a hard time. Situations like these happen to Black and Brown people frequently.

Gates’ stature made it a national issue. If Gates were an average Black man, I’m sure he’d still be facing a court date and possible jail time and the only people who would be talking about it would be his friends and family.

In an interview on CNN, Gates called Crowley, a rogue cop. But the problem goes beyond that. The question is does an individual have the right to question an officer and ask for his or her identity and expect to be given that information? Can an individual raise his or her voice in protest at a cop’s actions without facing the possibility of arrest?
From my observations, it seems that the answer to those questions is simply, no. Police are given the discretion to decide when their peace is being disturbed and make an arrest when they feel like it. And that must change. Police, in a free democracy, cannot be allowed to run roughshod over a person’s first-amendment rights and then jail them on a whim because they’re angry.

This discretion cops have can only change fundamentally—if new directions restricting those assumed liberties come from the federal government.

But Black and Brown people and progressives must see to it that such changes are made. We must find ways to organize and change the way policing happens in America.

Otherwise, the answer to Gates' question: Is this how you treat a Black man in America?--will continue to be: yes.

Rushing, is the writer-editor of Advancement Project, a national civil rights organization that advocates for racial justice.