The Dialogue on Race, Civil Rights and Criminal Justice Has Begun

Kudos to President Obama for showing both leadership and humility by retracting his previous statement that one-sidedly condemned the actions of the Campbridge, Mass., policeman ("police acted stupidly") and issuing a more balanced statement aimed at healing the wounds and bridging the rift. On Friday, Obama admitted he had previously used a poor choice of words. He added that this incident could have been avoided by more responsible behavior on both sides. From his ad hoc press conference:

I want to make clear that in my choice of words I think I unfortunately gave an impression that I was maligning the Cambridge Police Department or Sergeant Crowley specifically -- and I could have calibrated those words differently. And I told this to Sergeant Crowley. I continue to believe, based on what I have heard, that there was an overreaction in pulling Professor Gates out of his home to the station. I also continue to believe, based on what I heard, that Professor Gates probably overreacted as well. My sense is you've got two good people in a circumstance in which neither of them were able to resolve the incident in the way that it should have been resolved and the way they would have liked it to be resolved.

Where in today's world do you have humble leaders who publicly admit their mistakes? We are blessed to have a President who values truth and honesty to the extent of doing the "unthinkable" and admitting they are sorry for making a past statement.

But the President did not stop there. This incident merely scratches the surface of an issue that goes to the heart of America's shameful past. Regardless of whose description of the events leading to the arrest is more accurate (and I submit to you that the truth is somewhere in the middle), this incident cannot be viewed without remembering that we are a society still recovering from the festering wounds of slavery, segregation and discrimination. The President, of course, realizes this, and he thus rightfully seized upon the opportunity to address the issue from an educational perpective, calling the incident a "teachable moment":

My hope is, is that as a consequence of this event this ends up being what's called a "teachable moment," where all of us instead of pumping up the volume spend a little more time listening to each other and try to focus on how we can generally improve relations between police officers and minority communities, and that instead of flinging accusations we can all be a little more reflective in terms of what we can do to contribute to more unity.

Some commentators, such as Jonathan Capehart in today's Washington Post, argue that the brutally-honest discussion we need to have about racism and discrimination will never happen. Capehart claims that Americans are not willing to talk frankly and openly about the fear and misunderstandings, the anger and the resentment, all those things that have combined to make racism a "corrosive cancer of the soul."

I beg to differ. The conversation has already begun. The huge amount of media attention and commentary this case has garnered indicates the conversation is in full swing. People across the nation (and all over the blogosphere) are making their opinions heard. Racism - especially America's shameful past - is openly discussed and criticized. The arrest is bound to shed light on discriminatory police practices (and I am not making a judgment call whether this actually happened here because I did not research all the facts) and make everyone more aware and better prepared to combat racism - whenever it rears its ugly head, whether in overt or covert manifestations.

There is a significant amount of research out there, particularly regarding disparity in arrests, bail decisions, convictions, and sentencing (See, e.g. Attorney Richard Dieter's article The Death Penalty in Black and White: Who Lives, Who Dies, Who Decides). But it has not drawn the attention it deserves because the public neither reads law review articles nor attends academic conferences. However, now that the issue is in the limelight it is inevitable that the general public will discuss and converse about these issues. The most recent statements by the President and Professor Gates clearly show they intend to encourage all segments of society to participate in this complicated and uncomfortable conversation openly and honestly.

Last but not least, stay tuned for the upcoming conversation in the White House over some beers between President Obama, Professor Gates and Sgt. Crowley. This is bound to be a watershed event, a "teachable moment." Gates said he is a fan of Red Strip and Beck's. We still don't know the preferred brews of Obama and Crowley.

Addendum: The planned White House sulha indicates Gates will not pursue a Section 1983 claim against the police. A Section 1983 claim refers to a claim under 42 U.S.C. §1983 which creates a private right of action against individuals who, acting under color of state law, violate federal constitutional rights or statutory rights. All the more power to Gates for wisely avoiding a confrontational lawsuit that would be counterproductive, and choosing to walk the wiser and more courageous path of a face-to-face meeting over beers to heal the wounds, mend the fences and educate the general public.