Legal Commentary

Thanks to my old friend and law school classmate Dan Markel for allowing me to guest-blog here.  

?Go into any inner-city neighborhood,? Barack Obama said in his address to the Democratic National Convention in 2004, ?and folks will tell you that government alone can?t teach kids to learn. They know that parents have to parent, that children can?t achieve unless we raise their expectations and eradicate the slander that says a black youth with a book is acting white.? A May 2009 report from Newsweek noted that Michelle Obama ?described the ridicule she faced from neighborhood kids for ?acting white? when she got good grades? as a child. 

 The Obamas are far from alone in their observations. Many people in recent years?most famously, Bill Cosby?have pointed out that black children often seem to think of schoolwork as a ?white? activity. Anecdotal evidence abounds in newspaper articles and on the Internet. One black valedictorian in Virginia, for example, told a newspaper that ?as I?ve gone through my whole school career, people have called me white because I?ve made good grades and didn?t conform to the stereotype.? As well, many academic studies have shown that some black children think of doing schoolwork as ?acting white,? and a study by Roland Fryer?a black Harvard economist?shows that black children nationwide become less popular if their grade-point average rises above 3.5. 

?Acting white? has been discussed so often in the popular press that it no longer comes as a surprise. But it should. If we look at the historical record, there is no evidence that black schoolchildren back in the days of slavery or Jim Crow accused a studious schoolmate of ?acting white.? To the contrary, white people occasionally accused educated blacks of trying to be white. A Northerner who had moved to Georgia after the Civil War noted that ?in the days of Slavery, the masters ridiculed the negroes? efforts to use good language, and become like the whites.? 

Yet today, the ?acting white? criticism that was once occasionally used by racist whites has been adopted by some black schoolchildren. This is a mystery, is it not? What happened between the nineteenth century and today? 

The answer, I believe, springs from the complex history of desegregation. Although desegregation arose from noble and necessary impulses, and although desegregation was to the overall benefit of the nation, it was often implemented in a way that was devastating to black communities. It destroyed black schools, reduced the numbers of black principals and teachers who could serve as role models, and brought many black schoolchildren into daily contact with whites who made school a strange and uncomfortable environment that was viewed as quintessentially ?white.? 

Numerous scholars and commentators have observed that the ?acting white? criticism arose during the 1960s?precisely the time when desegregation actually happened. Indeed, many black people recall that they were first accused of ?acting white? or ?trying to be white? during the desegregation experience.

Among many examples in the book, author Kitty Oliver notes that ?there was a time when black students wouldn?t dare tease a student, but rather would applaud them for their achievements.? But then, ?desegregation created a clearer division of white and black. Once black and white students started attending school together, the association shifted and black students began to tease one another by pushing their smart peers into the ?white? category.? Similarly, Bernice McNair Barnett of the University of Illinois at Urbana-Champaign recalls that she was ?isolated and cut off from the world of my former Black peers (who saw my school desegregation choice as ?trying to be White?) as well as my new White peers (who were both hate filled bullies and otherwise good hearted but silent bystanders).?

TO BE CONTINUED . . .