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How Has Affirmative Action Changed Over the Years?

Whether it involves higher education, the workplace or the Supreme Court, affirmative action remains a heated topic. Explore how the practice has been received by the public and the courts in the past and the present.

Shifts in Public Policy

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Jackson Coverage Unveils Class and Cultural Divides

Wednesday July 8, 2009
"So, Michael Jackson's dead," said a friend who rang me on Sunday.

Of course, the pop star had been dead for over a week by the time my friend called, but it was one of the first things she wanted to discuss with me. That's because we hadn't spoken since before Jackson's demise, and she was curious to know my feelings about his death.

In some circles, my friend would have been ridiculed for grieving for the King of Pop a full week after his death. The folks likely to lash out at her are the ones who admitted shock over Jackson's passing on the day or so after it was announced but soon complained that the singer's death was garnering too much media coverage. This coverage, they argued, was detracting from "real news" such as Gov. Sanford's clandestine visit to Argentina, election protests in Iran and other matters of global unrest.

What do the people making these arguments have in common? They're almost exclusively white, American, college-educated and upper middle-class, the type Christian Lander lampoons on his website Stuff White People Like. In all fairness, one black blogger I know of also complained about the amount of coverage Jackson's death was getting. She found herself promptly excoriated by her black reader base.

The individuals objecting to the media coverage are a new breed of elitist. They're likely to do volunteer work and campaign for various causes, including many on behalf of America's oppressed. Yet, their failure to see how Michael Jackson's death is "real news" indicates how wide a gap exists between them and those from different racial and class backgrounds.

To understand why Michael Jackson's death is without a doubt real news is to understand that blacks typically view media differently from whites. I grew up being taught that any black person I saw on television, be they a homeless person on the evening news or an actress in a bit role, mattered, as they reflected me. Because of this mindset, many blacks can name black actors and actresses that remain unknown to mainstream America. Not only can we name the films they've been in, but the children they've mothered or fathered, the romantic relationships they've been in and the names of their hometowns. We know that any given black person on the screen is considered to be a representative of the entire race, so we, in essence, view all blacks in the limelight as extended family.

This is why the loss of Michael Jackson has caused such grief in the black community. Before the mainstream embraced him, Michael Jackson belonged to us. To many, he was like a brother, cousin or son; that's why his death looms larger than Iran, Honduras, Gov. Sanford or Gov. Palin's resignation right now. That's why we can celebrate his life and achievements, despite the disturbing allegations lodged against him in recent years. We support him and the news coverage of his death because he's like a family member, even if one with whom we've lost touch.

This is why when my friend called to ask my feelings about Jackson's death, I was happy to oblige. I told her how I'd been listening to Jackson's music daily and how surprised I was to feel as saddened as I have by his passing. It's also why I find the snarky comments made by hipsters about Jackson's memorial service distasteful. Their intent is to appear cool, but they come across as elitist and emotionally disconnected from the masses. You can't have a conversation about democracy or xenophobia or feminism with just anybody. But you can walk into a roomful of people and drop Michael Jackson's name and get an instant response. Where the conversation will lead, I don't know. But it could set the stage to dig into some of the topics considered "real news."¯

Reflecting on Freedom This Fourth of July Weekend

Sunday July 5, 2009
Beer. Barbecue. Fireworks.

Is this how you're celebrating the Fourth of July weekend? Over the years, these items have become staples of the holiday. In 19th century America, however, the political ramifications of independence played a key role in Fourth of July observance.

Nowhere was the meaning of Independence Day stressed more than when abolitionist and former slave Frederick Douglass reminded the country that millions of Americans remained in bondage on Fourth of July 1852. How could the United States celebrate its freedom when it partook in slavery, Douglass asked during a speech delivered in Rochester, N.Y., on July 5, 1852.

"The blessings in which you this day rejoice are not enjoyed in common," he pointed out. "The rich inheritance of justice, liberty, prosperity, and independence bequeathed by your fathers is shared by you, not by me. ...This Fourth of July is yours, not mine. You may rejoice, I must mourn."¯

Surely, Douglass would be shocked to visit today's America and discover that the country is celebrating its first Fourth of July with a black president in the White House. While Douglass would likely be overwhelmed by such news, there's no disputing that issues of injustice continue to haunt America. For example, 55 years after the landmark Supreme Court case Brown vs. Board of Education mandated that schools integrate, urban schools remain largely populated by low-income black and Latino students. To boot, in the criminal justice system, ethnic minorities continue to be wrongfully convicted at alarming rates and face stiffer sentences than their white counterparts, a point Douglass raised in his speech. Moreover, people of color continue to experience greater rates of unemployment than whites, face housing discrimination and die at higher rates than whites from the same diseases.

As Fourth of July weekend winds down, put down the beer and barbecue, and take some time to reflect on what freedom is and which groups enjoy the most freedoms in America.

Supreme Court Splits on Reverse Discrimination Case

Tuesday June 30, 2009
In one of its most significant rulings on race this decade, the Supreme Court found June 29 that white firefighters denied promotions because their minority colleagues did not also qualify for advancement were discriminated against because of their race.

The case— Ricci v. DeStefano—dates back six years ago when the city of New Haven, Conn., scrapped a test that white firefighters reportedly passed at a 50 percent greater rate than blacks. Because performance on the test was the basis for promotion, none of the blacks in the department would have advanced had the city accepted the results, leaving New Haven vulnerable to a lawsuit. In making its decision, the city cited Title VII of the Civil Rights Act of 1964 which prohibits employers from using tests that have a “disparate impact” or disproportionately exclude applicants of certain races.

In a 5-4 ruling, however, the high court rejected New Haven’s reasoning, arguing that, “Fear of litigation alone cannot justify an employer’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions.”

Legal analysts predict that the decision could generate a bevy of “disparate impact” lawsuits, as the court’s ruling makes it harder for employers to discard tests that adversely affect protected groups such as women and minorities. To prevent such lawsuits, employers will have to consider the impact a test may have on protected groups as it is being developed rather than after it’s been administered.

Not only does the outcome of Ricci v. DeStefano have bearing on employment and civil rights but also on President Obama’s pick for the Supreme Court, Judge Sonia Sotomayor. Because Sotomayor ruled opposite of the court when the case came to her in the 2nd U.S. Circuit Court of Appeals, her critics now have more ammunition to argue against her appointment to the court.

If Sotomayor is selected to sit on the court, she would be the first woman of color to hold that distinction. Sotomayor has Puerto Rican roots but grew up in the Bronx, N.Y.

Michael Jackson: Race Relations Pioneer

Monday June 29, 2009
Michael Jackson’s sudden death at age 50 is no doubt tragic. As the world mourns the loss of the King of Pop, however, discussions are springing up about the singer’s contribution to race relations. To boot, conversations continue to take place about Mr. Jackson’s own feelings about his blackness. Did Jackson suffer from self-hatred, or is making such a blanket statement about the late superstar too simplistic?

In a piece called “Black Reverence for Jackson is Now Unreserved,” the New York Times explores how African Americans and other racial groups view the star in life and death as well as the possible impetus for Jackson’s series of highly visible cosmetic procedures. Meanwhile, CNN.com examines how Jackson was a race relations pioneer. After all, Jackson is widely credited with singlehandedly integrating MTV. In the early 1980s, videos featuring black recording artists were an anomaly on the music network.

Civil rights leaders the Rev. Al Sharpton and the Rev. Jesse Jackson are also praising the singer’s role in race relations. Both ministers have asserted that Michael Jackson was such a social force that he paved the way for black luminaries such as Oprah Winfrey and President Barack Obama to win the hearts of mainstream America. That’s because, before Michael Jackson’s rise to superstardom, no African American had infiltrated as many households around the globe. Clearly, in addition to his talent, Jackson’s groundbreaking videos such as “Thriller” and “Billie Jean” are responsible for this.

Many believe that Jackson has no rival in the entertainment industry, but in the aftermath of his death, the media has consistently compared him to Elvis Presley . While there’s no doubt that Presley was a huge star, he didn’t reach audiences of the variety that Jackson did. Baby Boomers, Gen Xers and Millennials are fans of Jackson. What’s more is that Jackson—an African American from Gary, Ind., born just four years after the Supreme Court declared segregation unconstitutional—managed to win devotees as far as the Philippines, Japan, the United Kingdom and France.

Jackson didn’t simply cross racial barriers, he crossed national and linguistic barriers as well. He certainly earned the rank of world icon. What stands out about the King of Pop is that he achieved this feat simply by introducing the world to music and dancing that filled them with joy. Not only is that sentiment infectious but it knows no color.

Rest in peace, Michael Jackson.

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