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Memphis woman lied about income and marital status to commit TennCare fraud, release says

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MEMPHIS, Tenn. — A woman from Memphis was placed behind bars after committing TennCare fraud, according to a release.

The Office of Inspector General (OIG) and the Shelby County Sherriff’s Office said on Wednesday Sharon Conley, 34, of Memphis is accused of lying about her income and marital status in order to obtain funds from TennCare.

Investigators allege that her husband, also employed, was living in the home and their income was over the limits for TennCare enrollment.

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TennCare paid $16,357.46 on their behalf, officials said.
 
Can you identify this South Burlington bank robbery suspect?

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SOUTH BURLINGTON, Vt. (WCAX) South Burlington Police say a man robbed the People's United Bank on Dorset Street just before 11 a.m. Saturday. The male is described as being approximately 6’3” tall, medium build, and a greyish colored goatee. Police say he entered the bank, and handed the teller a note. He fled on foot with an unknown amount of cash. If you know who this man is, contact the South Burlington Police Department.

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Mother, grandmother get 20 years for chaining Alabama boy
February 28, 2020

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The mother and grandmother of an Alabama boy found naked and chained inside a home were sentenced to 20 years in prison.The boy’s mother, Dannielle Nicole Martin, 32, and grandmother, Vickie Seale Higgenbotham, 58, were given maximum sentences on Thursday after pleading guilty to aggravated child abuse, the Montgomery Advertiser reported.An anonymous call in 2018 led Autauga County authorities to the home where the 13-year-old boy was found naked and chained to a door. He and two other children were removed the from home. The boy’s stepfather had pleaded guilty to child abuse, a lesser charge than the women. He was sentenced to 30 days in jail and almost two years of supervised probation, according to the Advertiser.Two uncles pleaded guilty to endangering the welfare of a child and got six months unsupervised probation, the newspaper reported.

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Journal Article
"What's Wrong With The Niggers And Why Are They So Mad At The Police?: Probable Cause For Disaster In South-Central L.A., 1992," from "Police" 187

CHARLES WILLARD and MELVIN JOHNSON

Obsidian II

Vol. 10, No. 1/2 (Spring-Summer, Fall-Winter, 1995), pp. 1-31

Published by: Board of Trustees of Illinois State University

https://www.jstor.org/stable/44486239

Page Count: 31

Topics: Police, Police officers, Criminal arrests, Jails, Obsidian, Probable cause, Automobiles, Alleys, Black people, Killing
 
0091-4169/08/9804-1305THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 98, No. 4Copyright © 2008 by Northwestern University, School of Law Printed in U.S.A."NIGGER": A CRITICAL RACE REALISTANALYSIS OF THE N-WORD WITHIN HATECRIMES LAWGREGORY S. PARKS* & SHAYNE E. JONES**A word is not a crystal, transparent and unchanged, it is the skin of a living thoughtand may vary greatly in color and content according to the circumstances and the timein which it is used.--Oliver Wendell HolmesAlthough the slang epithet "nigger" may once have been in common usage ... [it] hasbecome particularly abusive and insulting ... as it pertains to the American Negro.-Louis H. Burke2[C]rimes motivated by bigotry usually arise not out of the pathological rantings andravings of a few deviant types in organized hate groups, but out of the verymainstream of society.-Jack Levin and Jack McDevitt3On a 2005 summer morning in New York, Nicholas "Fat Nick"Minucci, who is White, beat Glenn Moore, who is Black, with a baseballbat and robbed him. During the assault, Minucci repeatedly screamed theN-word. At trial, Minucci's attorney argued that he had not committed ahate crime. The essence of the defense's argument was that Minucci's use.Law Clerk, U.S. District Court for the District of Maryland (2009-2010); Law Clerk,District of Columbia Court of Appeals (2008-2009). B.S., Howard University; M.S., CityUniversity of New York; M.A., Ph.D., University of Kentucky; J.D., Cornell Law School.-Assistant Professor, Department of Criminology at the University of South Florida.B.S., University of Kentucky; M.S., University of Cincinnati; Ph.D., University ofKentucky.The authors thank Andrea Dennis, Assistant Professor of Law at the University ofKentucky, for her invaluable feedback on this Article. We also thank Rebecca Soquier forher editorial services. Any errors are solely the authors'.1 Town v. Eisner, 245 U.S. 418, 425 (1918).2 Alcorn v. Anbro Eng'g, Inc., 468 P.2d 216, 219 n.4 (Cal. 1970).3 JACK LEVIN & JACK McDEVITT, HATE CRIMES: THE RISING TIDE OF BIGOTRY ANDBLOODSHED x-xi (1993).1305

GREGORY S. PARKS & SHAYNE E. JONESof the N-word while assaulting and robbing Moore was not indicative ofany bias or prejudice. The defense went on to indicate that Minucci hadBlack friends, was immersed in Black culture, and employed the N-word aspart of his everyday vocabulary. Two Black men-Gary Jenkins (a hip-hopmusic producer) and Randall Kennedy (a Harvard Law professor)-testified that the N-word is not necessarily a racial epithet. In this Article,we systematically analyze this assessment of the N-word within hate crimeslaw. We employ a Critical Race Realist methodology toward this end. Indoing so, we (1) systematically analyze Black and White usage of the N-word within popular culture-i.e., comedy, rap music, and spoken wordentertainment-and (2) reconcile these findings with research on implicit(subconscious) racial bias.In sum, we argue that whereas the N- Word is used by Blacks in a morerace neutral manner within popular culture, its usage among Whitesimmersed in Black culture is nil. Furthermore, we find that many Whitesharbor implicit anti-Black biases, and such biases predict racial hostilityand the use of racial epithets. Consequently, within the realm of hatecrimes law, courts should presume racial animus where a White personuses the N-word while committing a crime against a Black person.Furthermore, despite high rates of Black usage of the N-word and highrates of implicit anti-Black biases among Blacks, a law of intra-racial hatecrimes among Blacks predicated upon their usage of the N-word would befruitless. This is because the N-word has a different connotation when usedintra-racially among Blacks than when directed at Blacks by Whites.I. INTRODUCTIONCritical Race Realism is neither a novel term nor a novel concept. Asearly as 1992 and as recently as 2005, legal scholars Derrick Bell and EmilyHouh, respectively, propounded this idea. According to Bell, "Blackpeople need reform of our civil rights strategies as badly as those in the lawneeded a new way to consider American jurisprudence prior to the adventof the Legal Realists .... Racial Realism. .. is a legal and socialmechanism on which lacks can rely to have their voice and outrageheard."4 For Houh, "critical race realism encompasses not only the goalsand methodologies of the broader critical race.., projects, but also some ofthe shared goals and methodologies of legal realism .... 54 Derrick Bell, Racial Realism, 24 CONN. L. REV. 363, 363-64 (1992) (emphasis added).5 Emily M.S. Houh, Critical Race Realism: Re-Claiming the AntidiscriminationPrinciple Through the Doctrine of Good Faith in Contract Law, 66 U. PITr L. REv. 455, 457(2005).1306[Vol. 98

"NIGGER ": A CRITICAL RACE REALIST ANALYSISFrom our vantage point, Critical Race Realism is an amalgamation ofCritical Race Theory and Legal Realism. As Critical Race Theory is thejurisprudential grandchild of Legal Realism,6 both share similarities, but areyet quite different. Critical Race Theory was founded as "a race-based,systematic critique of legal reasoning and legal institutions."' Critical RaceTheory was born out of the Critical Legal Studies movement.8 Not only didit take part of its name from the adherents of Critical Legal Studies (crits), ittook part of its ideology from the crits as well. For one, critical racetheorists are "critical," quite like crits, in that they engage in a version of"trashing"-a hallmark of the crits. In this approach, they (1) take legalarguments seriously in their own terms, (2) discover that the arguments are"foolish," and (3) look for some order in the "internally contradictory,incoherent chaos [they have] exposed."9 Critical Race Theorists do notendorse rights-trashing, like the crits.10 Nonetheless, both sets of scholarsengage in a "full frontal assault" on modern jurisprudence.1 Earlier, therealists employed a similar technique called debunking.12 This entailed6 See Gregory Scott Parks, Note, Toward a Critical Race Realism, 17 CORNELL J.L. &PUB. POL'Y (forthcoming Fall 2008).7 RICHARD DELGADO & JEAN STEFANCIC, CRITICAL RACE THEORY: AN INTRODUCTION xix(2001).8 For an account of how Critical Race Theory developed from Critical Legal Studies andthe Law & Society movement, see Bernie D. Jones, Critical Race Theory: New Strategiesfor Civil Rights in the New Millennium?, 18 HARV. BLACKLETTER L.J. 1 (2002); BernieDonna-Maria Jones, Critical Race Theory: Protesting Against Formalism in the Law, 1969-1999 (May 2002) (unpublished Ph.D. dissertation, University of Virginia) (on file withProquest).9 Mark G. Kelman, Trashing, 36 STAN. L. REV. 293, 293 (1984).10 Patricia Williams indicated that:[R]ights are to law what conscious commitments are to the psyche. This country's worsthistorical moments have not been attributable to rights-assertion, but to a failure of rights-commitment. From this perspective, the problem with rights discourse is not that the discourse isitself constricting, but that it exists in a constricted referential universe. The body of private lawsepitomized by contract, including slave contracts, for example, is problematic not only because itendows certain parties with rights, but because it denies the object of contract any rights at all.Patricia J. Williams, Alchemical Notes: Reconstructing Ideals from Deconstructed Rights, 22HARV. C.R.-C.L. L. REV. 401, 424 (1987).11 Allan C. Hutchison & Patrick J. Monahan, Law, Politics, and the Critical LegalScholars: The Unfolding Drama of American Legal Thought, 36 STAN. L. REV. 199, 199(1984). Though Hutchinson and Monahan focus specifically on crits, their assertion isequally applicable to Critical Race Theorists.12 See G. Edward White, From Realism to Critical Legal Studies: A TruncatedIntellectual History, 40 Sw. L.J. 819, 821-22 (1986). Debunking is best exemplified by theworks of realists Wesley Hohfeld and Karl Llewellyn. See Wesley Newcomb Hohfeld,Some Fundamental Legal Conceptions as Applied in Judicial Reasoning, 23 YALE L.J. 16(1913); Karl N. Llewellyn, Some Realism About Realism-Responding to Dean Pound, 44HARV. L. REV. 1222, 1238-39 (1931).13072008]

GREGORY S. PARKS & SHA YNE E. JONESsubjecting questionable judicial opinions to logical analysis in order toexpose their inconsistencies, unsubstantiated premises, and tendency to"pass off contingent judgments as inexorable.,13 Debunking flowed fromtwo methods of attack: rule and fact skepticism. Rule skeptics argued thatcase decisions do not necessarily flow from general legal propositions-that logic did not govern judicial thought processes.14 Other features wereargued to have factored into the equation,15 such as policy considerations.16Fact skeptics either argued that the facts found by the judge or jury areinconsistent with the actual facts1 7 or that the reactions of judges and juriesto facts are unpredictable.8Despite these similarities, Critical Race Theorists are arguablydistinguished from the realists in that the latter, and not the former, madethe synthesis of law and social science a hallmark of their agenda.'9 Theempirical exploits of Realists such as Charles E. Clark and William 0.Douglas at Yale,20 Underhill Moore at Yale,21 and Walter Wheeler Cookand colleagues at Johns Hopkins2 2 are well-documented. Many of theCritical Race Theory founders were formerly active in the law and societymovement, which had its roots with the realists.2 3 The crits, however,ultimately disagreed with their law and society colleagues on key issues.One issue that cleaved the crits from the law and society movement was the13 White, supra note 12, at 821-22.14 Timothy L. Smith, Formalism, Pragmatism, and Nihilism in Legal Thought 48-49(1995) (unpublished Ph.D. dissertation, The Johns Hopkins University) (on file withProquest). For more about rule skepticism, see WILFRED E. RUMBLE, JR., AMERICAN LEGALREALISM: SKEPTICISM, REFORM, AND THE JUDICIAL PROCESS 48-68 (1968).15 Smith, supra note 14, at 48-49.16 Id. at 50, 54; Bruce Evans Pencek, The Political Theory of Legal Realism 1 (June1988) (unpublished Ph.D. dissertation, Cornell University) (on file with Cornell UniversityLibrary). Before the Realists, Justice Oliver Wendell Holmes noted that "[t]he feltnecessities of time, the prevalent moral and political theories, intuitions of public policy,avowed or subconscious, even the prejudices which judges share with their fellow men, havea good deal more to do than the syllogism in determining the rules by which men should begoverned." OLIVER WENDELL HOLMES, JR., THE COMMON LAW 1 (Little, Brown & Co.1945) (1881).17 RUMBLE, SUpra note 14, at 109-10.18 Id. atlIl.19 White, supra note 12, at 823. This is not to say that Critical Race Theorists totallyeschew empiricism and social science. In fact, they have made efforts to incorporate socialscientific findings into their scholarship. See CRITICAL RACE THEORY: THE CUTTING EDGE129-78 (Richard Delgado & Jean Stefancic eds., 2d ed. 1999).20 See JOHN HENRY SCHLEGEL, AMERICAN LEGAL REALISM & EMPIRICAL SOCIAL SCIENCE81-114 (1995).21 See id. at 115-46.22 See id. at 147-2 10.23 Parks, supra note 6, § I(D).1308[Vol. 98

2008] "NIGGER": A CRITICAL RACE REALIST ANALYSISdebate about the utility of empirical social science. In a 1977 article in theLaw and Society Review,24 crit theorist David Trubek assailed empiricalsocial science.z5 First, Trubek suggested that empirical research legitimatesthe status quo in that it implies that facts researched were objectively"'there"' and "part of the permanent 'reality' of American culture.,26Second, he argued that a scholar could not separate ideology frommethodology in any type of research, including empirical research.7Ultimately, according to G. Edward White, Trubek argued that "to bepolitically reformist and methodologically neutral was a contradiction interms.2 8There is a current effort afoot, however, which seeks to reconcileCritical Race Theory with other elements of its realist roots.29 As named byBell and Houh, this movement is called Critical Race Realism.3" Asarticulated by the authors, Critical Race Realism situates itself within thegrowing contemporary attempts-such as empirical legal studies,31 the NewLegal Realism Project,32 and Behavioral Realism33-to integrate law and24 David M. Trubek, Complexity and Contradiction in the Legal Order: Balbus and theChallenge of Critical Social Thought About Law, 11 LAW & SoC'Y REv. 529 (1977).25 White, supra note 12, at 834.26 Id.27 Id.28 Id.29 See generally GREGORY S. PARKS ET AL., CRITICAL RACE REALISM: INTERSECTIONS OFPSYCHOLOGY, RACE, AND LAW (2008) (exploring how legal analysis and social scienceresearch can work collectively to better explain the racial dynamics that permeate the lawand legal system).30 Bell, supra note 4; Houh, supra note 5.31 See generally Theodore Eisenberg, Why Do Empirical Legal Scholarship?, 41 SANDIEGO L. REV. 1741 (2004) (articulating the utility of empirical legal scholarship); Robert C.Ellickson, Trends in Legal Scholarship: A Statistical Study, 29 J. LEGAL STUD. 517 (2000)(analyzing how empirical scholarship has progressed in legal academia); Tracey E. George,An Empirical Study of Empirical Legal Scholarship: The Top Law Schools, 81 IND. L.J. 141(2006) (providing an empirical analysis of empiricism's progression in legal academia);Michael Heise, The Past, Present, and Future of Empirical Legal Scholarship: JudicialDecision Making and the New Empiricism, 2002 U. ILL. L. REv. 819 (tracking the evolutionof empirical legal scholarship and applying it to judges); Gregory Mitchell, Empirical LegalScholarship as Scientific Dialogue, 83 N.C. L. REv 167, 167 (2004) (analyzing how "thescientific status of empirical legal scholarship might be enhanced"); Elizabeth Warren, TheMarket for Data: The Changing Role of Social Sciences in Shaping the Law, 2002 WIS. L.REV. 1 (analyzing the market for data that is produced at the intersection of social scienceand law).32 See generally New Legal Realism Symposium: Is It Time for a New Legal Realism?,2005 Wis. L. REv. 335; Symposium, New Legal Realism, 31 LAW & Soc. INQUIRY 797(2006) (contending that it is time for 21 st century legal realism).33 See generally Behavioral Realism Symposium, 94 CAL. L. REv. 945 (2006); JerryKang & Mahzarin R. Banaji, Fair Measures: A Behavioral Realist Revision of Affirmative1309

GREGORY S. PARKS & SHA YNE E. JONESsocial science. Furthermore, its goal is to more systematically "enable andto compel law-making ... to take more account ... of the social facts uponwhich law must proceed and to which law must be applied.34 This Articleapplies Critical Race Realist methodology in an effort to analyze how thelaw should construe the N-word in potential hate crime cases. It does so bysystematically assessing the usage of that word on the part of Whites whomight justify their usage by arguing that they are immersed in certainelements of Black popular culture. In addition to this analytic technique,the Article imports empirical research on implicit social cognition into ourunderstanding of hate crimes law. In so doing, this Article adds to the scantlegal scholarship on the N-word.35Part II highlights a particular case in which a White person, who wasallegedly immersed in Black culture, used the N-word during his assault ofa Black man. Part III provides a general overview of U.S. hate crimes lawand how racial epithets are traditionally viewed within this area of law.Part IV provides a brief historical and contemporary analysis of the N-wordand how it has been and is understood. Part V makes two arguments insupport of why, when the N-word is uttered in the context of a non-Blackperson committing a crime against a Black person, the crime should beconstrued as a hate crime. The first is that despite the proliferation of theN-word throughout Black popular culture, even Whites immersed in thatculture generally do not use that word, especially when amongst Blacksthey do not know very well. The second is that a remarkably largepercentage of Whites harbor implicit and negative racial attitudes againstBlacks. As such, a White person's utterance of the N-word whilecommitting an act of violence or intimidation against a Black person maybe seen as a leakage of these implicit racial biases. Part VI addresses why,despite Blacks' high rate of implicit anti-Black bias and more frequent useof the N-Word than Whites, the arguments we put forth about inter-racialhate crimes do not apply intra-racially among Blacks.Action, 94 CAL. L. REV. 1063 (2006) (applying research on implicit race bias to affirmativeaction); Unconscious Discrimination Twenty Years Later: Application and Evolution, 40CONN. L. REV. 927 (2008); Videostream, Jerry Kang, Behavioral Realism: Future History ofImplicit Bias and the Law, Lecture at Ohio State University (Nov. 2006),http://jerrykang.net/Engage (follow "realplayer" link) (discussing the role of mind sciencesto an understanding of law).34 Roscoe Pound, The Scope and Purpose of Sociological Jurisprudence, 25 HARV. L.REV. 489, 512-13 (1912).35 Michele Goodwin, Nigger and the Construction of Citizenship, 76 TEMP. L. REV. 129(2003); Randall L. Kennedy, "Nigger! " as a Problem in the Law, 2001 U. ILL. L. REV. 935;David M. Siegel, Felix Frankfurter, Charles Hamilton Houston and the "N- Word": A CaseStudy in the Evolution of Judicial Attitudes Towards Race, 7 S. CAL. INTERDiSc. L.J. 31
 
In America, it’s not a crime to say the N-word. If it were, the free would be few, and America would be a nation of inmates.

The First Amendment protects hate speech — slurs and names of all kinds, be they racial or religious, ethnic or national, gender or sexual orientation.
 
There is a direct and strong link between the word nigger and anti-black caricatures. Although nigger has been used to refer to any person of known African ancestry.2 it is usually directed against blacks who supposedly have certain negative characteristics. The Coon caricature, for example, portrays black men as lazy, ignorant, and obsessively self-indulgent; these are also traits historically represented by the word nigger. The Brute caricature depicts black men as angry, physically strong, animalistic, and prone to wanton violence. This depiction is also implied in the word nigger. The Tom and Mammy caricatures are often portrayed as kind, loving "friends" of whites. They are also presented as intellectually childlike, physically unattractive, and neglectful of their biological families. These latter traits have been associated with blacks, generally, and are implied in the word nigger. The word nigger was a shorthand way of saying that blacks possessed the moral, intellectual, social, and physical characteristics of the Coon, Brute, Tom, Mammy, and other racial caricatures.

The etymology of nigger is often traced to the Latin niger, meaning black. The Latin niger became the noun negro (black person) in English, and simply the color black in Spanish and Portuguese. In Early Modern French niger became negre and, later, negress (black woman) was clearly a part of lexical history. One can compare to negre the derogatory nigger – and earlier English variants such as negar, neegar, neger, and niggor – which developed into a parallel lexico-semantic reality in English. It is likely that nigger is a phonetic spelling of the white Southern mispronunciation of Negro. Whatever its origins, by the early 1800s it was firmly established as a denigrative epithet. Almost two centuries later, it remains a chief symbol of white racism.

Social scientists refer to words like nigger, kike, spic, and wetback as ethnophaulisms. Such terms are the language of prejudice – verbal pictures of negative stereotypes. Howard J. Ehrlich, a social scientist, argued that ethnophaulisms are of three types: disparaging nicknames (chink, dago, nigger, and so forth); explicit group devaluations ("Jew him down," or "niggering the land"); and irrelevant ethnic names used as a mild disparagement ("jewbird" for cuckoos having prominent beaks or "Irish confetti" for bricks thrown in a fight)(Ehrlich, 1973, p. 22; Schaefer, 2000, p. 44). All racial and ethnic groups have been victimized by racial slurs; however, no American group has suffered as many racial epithets as have blacks: coon, tom, savage, picanniny, mammy, buck, sambo, jigaboo, and buckwheat are typical.3 Many of these slurs became fully developed pseudo-scientific, literary, cinematic, and everyday caricatures of African Americans. These caricatures, whether spoken, written, or reproduced in material objects, reflect the extent, the vast network, of anti-black prejudice.

The word nigger carries with it much of the hatred and repulsion directed toward Africans and African Americans. Historically, nigger defined, limited, and mocked African Americans. It was a term of exclusion, a verbal justification for discrimination. Whether used as a noun, verb, or adjective, it reinforced the stereotype of the lazy, stupid, dirty, worthless parasite. No other American ethnophaulism carried so much purposeful venom, as the following representative list suggests:

  • Nigger, v. To wear out, spoil or destroy.
  • Niggerish, adj. Acting in an indolent and irresponsible manner.
  • Niggerlipping, v. Wetting the end of a cigarette while smoking it.
  • Niggerlover, n. Derogatory term aimed at whites lacking in the necessary loathing of blacks.
  • Nigger luck, n. Exceptionally good luck, emphasis on undeserved.
  • Nigger-flicker, n. A small knife or razor with one side heavily taped to preserve the user's fingers.
  • Nigger heaven, n. a designated place, usually the balcony, where blacks were forced to sit, for example, in an integrated movie theater or church.
  • Nigger knocker, n. axe handle or weapon made from an axe handle.
  • Nigger rich, adj, Deeply in debt but ostentatious.
  • Nigger shooter, n. A slingshot.
  • Nigger steak, n. a slice of liver or a cheap piece of meat.
  • Nigger stick, n. police officer's baton.
  • Nigger tip, n. leaving a small tip or no tip in a restaurant.
  • Nigger in the woodpile, n. a concealed motive or unknown factor affecting a situation in an adverse way.
  • Nigger work, n. Demeaning, menial tasks.(Green, 1984, p. 190)

Nigger has been used to describe a dark shade of color (nigger-brown, nigger-black), the status of whites who interacted with blacks (nigger-breaker, -dealer, -driver, -killer, -stealer, -worshipper, and -looking), and anything belonging to or associated with African Americans (nigger-baby, -boy, -girl, -mouth, -feet, -preacher, -job, -love, -culture, -college, -music, and so forth).4 Nigger is the ultimate American insult; it is used to offend other ethnic groups, as when Jews are called white-niggers; Arabs, sandniggers; or Japanese, yellow-niggers.

Americans created a racial hierarchy with whites at the top and blacks at the bottom. The hierarchy was undergirded by an ideology which justified the use of deceit, manipulation, and coercion to keep blacks "in their place." Every major societal institution offered legitimacy to the racial hierarchy. Ministers preached that God had condemned blacks to be servants. Scientists measured black heads, brains, faces, and genitalia, seeking to prove that whites were genetically superior to blacks. White teachers, teaching only white students, taught that blacks were less evolved cognitively, psychologically, and socially. The entertainment media, from vaudeville to television, portrayed blacks as docile servants, happy-go-lucky idiots, and dangerous thugs. The criminal justice system sanctioned a double standard of justice, including its tacit approval of mob violence against blacks.



Both American slavery and the Jim Crow caste system which followed were undergirded by anti-black images. The negative portrayals of blacks were both reflected in and shaped by everyday material objects: toys, postcards, ashtrays, detergent boxes, fishing lures, children's books. These items, and countless others, portrayed blacks with bulging, darting eyes, fire-red and oversized lips, jet black skin, and either naked or poorly clothed. The majority of these objects did not use the word nigger; however, many did. In 1874, the McLoughlin Brothers of New York manufactured a puzzle game called "Chopped Up Niggers." Beginning in 1878, the B. Leidersdory Company of Milwaukee, Wisconsin, produced NiggerHair Smoking Tobacco - several decades later the name was changed to BiggerHair Smoking Tobacco. In 1917, the American Tobacco Company had a NiggerHair redemption promotion. NiggerHair coupons were redeemable for "cash, tobacco, S. & H. Green stamps, or presents."



A 1916 magazine advertisement, copyrighted by Morris & Bendien, showed a black child drinking ink. The caption read, "Nigger Milk."

The J. Millhoff Company of England produced a series of cards (circa 1930s), which were widely distributed in the United States. One of the cards shows ten small black dogs with the caption: "Ten Little Nigger Boys Went Out To Dine." This is the first line from the popular children's story "The Ten Little Niggers."





  • Ten Little Nigger Boys went out to dine;
  • One choked his little self, and then there were Nine.
  • Nine Little Nigger Boys sat up very late;
  • One overslept himself, and then there were Eight.
  • Eight Little Nigger Boys traveling in Devon;
  • One said he'd stay there, and then there were Seven.
  • Seven Little Nigger Boys chopping up sticks;
  • One chopped himself in halves, and then there were Six.
  • Six Little Nigger Boys playing with a hive;
  • A Bumble-Bee stung one, and then there were Five.
  • Five Little Nigger Boys going in for Law;
  • One got in Chancery, and then there were Four.
  • Four Little Nigger Boys going out to Sea;
  • A Red Herring swallowed one, and then there were Three.
  • Three Little Nigger Boys walking in the Zoo;
  • The big Bear hugged one, and then there were Two;
  • Two Little Nigger Boys sitting in the Sun;
  • One got frizzled up, and then there was One.
  • One Little Nigger Boy living all alone;
  • He got married, and then there were None.(Jolly Jingles, n.d.)



In 1939, Agatha Christie, the popular fiction writer, published a novel called Ten Little Niggers. Later editions sometimes changed the name to Ten Little Indians, or And Then There Were None, but as late as 1978, copies of the book with the original title were being produced into the 1980s. It was not rare for sheet music produced in the first half of the 20th century to use the word nigger on the cover. The Howley, Haviland Company of New York, produced sheet music for the songs "Hesitate Mr. Nigger, Hesitate," and "You'se Just A Little Nigger, Still You'se Mine, All Mine." The latter was billed as a children's lullaby.

Some small towns used nigger in their names, for example, Nigger Run Fork, Virginia. Nigger was a common name for darkly colored pets, especially dogs, cats, and horses. So-called "Jolly Nigger Banks," first made in the 1800s, were widely distributed as late as the 1960s. Another common item - with many variants, produced on posters, postcards, and prints - is a picture of a dozen black children rushing for a swimming hole. The captions read, "Last One In's A Nigger."

The racial hierarchy, which began during slavery and extended into the Jim Crow period, has been severely eroded by a civil rights movement, landmark Supreme Court decisions, a black empowerment movement, comprehensive civil rights legislation, and a general embracing of democratic principles by many American citizens. Yet, the word nigger has not died. The relationship between the word nigger and anti-black prejudice is symbiotic: that is, they are interrelated and interconnected, yet, ironically, not automatically interdependent. In other words, a racist society created nigger and continues to feed and sustain it; however, the word no longer needs racism, at least brutal and obvious forms, to exist. Nigger now has a life of its own.

One of the most interesting and perplexing phenomena in American speech is the use of nigger by African Americans. When used by blacks, nigger refers to the following: all blacks ("A nigger can't even get a break."); black men ("Sisters want niggers to work all day long."); blacks who behave in a stereotypical, and sometimes mythical, manner ("He's a lazy, good-for-nothing nigger."); things ("This piece-of-shit car is such a nigger."); foes ("I'm sick and tired of those niggers bothering me!"); and friends ("Me and my niggers are tight.").

This final usage, as a term of endearment, is especially problematic. "Sup Niggah," has become an almost universal greeting among young urban blacks. When pressed, blacks who use nigger or its variants claim the following: it has to be understood contextually; continual use of the word by blacks will make it less offensive; it is not really the same word because whites are saying nigger (and niggers) but blacks are saying niggah (and niggaz); and, it is just a word and blacks should not be prisoners of the past or the ugly words which originated in the past. These arguments are not convincing. Brother (Brotha) and Sister (Sistha or Sista) are terms of endearment. Nigger was and remains a term of derision. Moreover, the false dichotomy between blacks or African Americans (respectable and middle-class) and niggers (disrespectable and lower class) should be opposed. No blacks are niggers, irrespective of behavior, income, ambition, clothing, ability, morals, or skin color. Finally, if continued use of the word lessened its sting then nigger would by now have no sting. Blacks, beginning in slavery, have internalized the negative images that white society cultivated and propagated about black skin and black people. This is reflected in periods of self- and same-race loathing. The use of the word nigger by blacks reflects this loathing, even when the user is unaware of the psychological forces at play. Nigger is the ultimate expression of white racism and white superiority no matter how it is pronounced. It is a linguistic corruption, a corruption of civility. Nigger is the most infamous word in American culture. Some words carry more weight than others. At the risk of hyperbole, is genocide just another word? Pedophilia? Obviously, no: neither is nigger.

After a period of relative dormancy, the word nigger has been reborn in popular culture. It is hard-edged, streetwise, and it has crossed over into movies like Pulp Fiction (Bender & Tarantino, 1994) and Jackie Brown (Bender & Tarantino, 1997), where it became a symbol of "street authenticity" and hipness. Denzel Washington's character in Training Day (Newmyer, Silver & Fuqua, 2001) uses nigger frequently and harshly.



Richard Pryor long ago disavowed the use of the word in his comedy act, but Chris Rock and Chris Tucker, the new black male comedy kings, use nigger regularly - and not affectionately. Justin Driver (2001), a social critic, argued persuasively that both Rock and Tucker are modern minstrels - shucking, jiving, and grinning, in the tradition of Stepin Fetchit.

Poetry by African Americans is also instructive, as one finds nigger used in black poetry over and over again. Major and minor poets alike have used it, often with startling results: Imamu Amiri Baraka, one of the most gifted of our contemporary poets, uses nigger in one of his angriest poems, "I Don't Love You."

. . .and what was the world to the words of slick nigger fathers too depressed to explain why they could not appear to be men. (1969, p. 55)

One wonders: how are readers supposed to understand "nigger fathers"? Baraka's use of this imagery, regardless of his intention, reinforces the stereotype of the worthless, hedonistic Coon caricature. Ted Joans's use of nigger in "The Nice Colored Man" makes Baraka's comparatively harmless and innocent. Joans tells the story about how he came to write this unusual piece. He was, he says, asked to give a reading in London because he was a "nice colored man." Infuriated by the labels "nice" and "colored", Joans set down the quintessential truculent poem. While the poem should be read in its entirety, a few lines will suffice:

. . .Smart Black Nigger Smart Black Nigger Smart Black Nigger Smart Black Nigger Knife Carrying Nigger Gun Toting Nigger Military Nigger Clock Watching Nigger Poisoning Nigger Disgusting Nigger Black Ass Nigger. . . (Henderson, 1972, pp. 223-225)

This is the poem, with adjective upon adjective attached to the word nigger. The shocking reality is that many of these uses can be heard in contemporary American society. Herein lies part of the problem: the word nigger persists because it is used over and over again, even by the people it defames. Devorah Major, a poet and novelist, said, "It's hard for me to say what someone can or can't say, because I work with language all the time, and I don't want to be limited." Opal Palmer Adisa, a poet and professor, claims that the use of nigger or nigga is "the same as young people's obsession with cursing. A lot of their use of such language is an internalization of negativity about themselves" (Allen-Taylor, 1998).

Rap musicians, themselves poets, rap about niggers before mostly white audiences, some of whom see themselves as waggers (white niggers) and refer to one another as "my niggah." Snoop Doggy Dogg, in his single, "You Thought," raps, "Wanna grab a skinny nigha like Snoop Dogg/Cause you like it tall/and work it baby doll." Tupac Shakur (1991), one of the most talented and popular rap musicians, had a song called "Crooked Ass Nigga." The song's lyrics included, "Now I could be a crooked nigga too/When I'm rollin' with my crew/Watch what crooked niggers do/I got a nine millimeter Glock pistol/I'm ready to get with you at the tip of a whistle/So make your move and act like you wanna flip/I fired thirteen shots and popped another clip." Rap lyrics which debase women and glamorize violence reinforce the historical Brute caricature

Erdman Palmore (1962) researched ethnophaulisms and made the following observations: the number of ethnophaulisms used correlates positively with the amount of out-group prejudice; and ethnophaulisms express and support negative stereotypes about the most visible racial and cultural differences.



White supremacists have found the Internet an indispensable tool for spreading their message of hate. An Internet search of nigger locates many anti-black web pages: Niggers Must Die, Hang A Nigger For America, Nigger Joke Central, and literally thousands of others. Visitors to these sites know, like most blacks know experientially, that nigger is an expression of anti-black antipathy. Is it surprising that nigger is the most commonly used racist slur during hate crimes?

No American minority group has been caricatured as often, in as many ways, as have blacks. These caricatures combined distorted physical descriptions and negative cultural and behavior stereotypes. The Coon caricature, for example, was a tall, skinny, loose-jointed, dark-skinned male, often bald, with oversized, ruby-red lips. His clothing was either ragged and dirty or outlandishly gaudy. His slow, exaggerated gait suggested laziness. He was a pauper, lacking ambition and the skills necessary for upward social mobility. He was a buffoon. When frightened, the Coon's eyes bulged and darted. His speech was slurred, halted, and replete with malapropisms. His shrill, high-pitched voice made whites laugh. The Coon caricature dehumanized blacks, and served as a justification for social, economic, and political discrimination.

Nigger may be viewed as an umbrella term - a way of saying that blacks have the negative characteristics of the Coon, Buck, Tom, Mammy, Sambo, Picaninny, and other anti-black caricatures. Nigger, like the caricatures it encompasses and implies, belittles blacks, and rationalizes their mistreatment. The use of the word or its variants by blacks has not significantly lessened its sting. This is not surprising. The historical relationship between European Americans and African Americans was shaped by a racial hierarchy which spanned three centuries. Anti-black attitudes, values, and behavior were normative. Historically, nigger more than any word captured the personal antipathy and institutionalized racism directed toward blacks. It still does.
 
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