The Ghost of Clarence Thomas: Herman Cain, Sexual Harassment, and “High-Tech Lynchings”

Politico posted a story alleging that Herman Cain, who is running for the Republican presidential nomination, sexually harassed two female employees of the National Restaurant Association while he was head of the Association in the 1990s.  Given that Cain is running for the Supreme Court, this story immediately brought to mind the Clarence Thomas/Anita Hill dispute during Thomas’s confirmation proceedings to the Supreme Court and what, if anything, we have learned since then.  Thomas has publicly stated that he felt like he endured a “high tech lynching” and Hill, a respected law professor, also had her credibility and integrity attacked throughout the proceedings.  In the twenty years since Justice Thomas’s confirmation proceedings, I think that there are some powerful lessons that we (hopefully) learned that resonate in the Herman Cain controversy. 

The first is that men of power often abuse that power, and this is true regardless of race.  But black men who abuse their power (or are accused of doing so) have to factor in that it is going to be potentially more costly, even if the allegations are later proven to be false.  In fact, Justice Thomas referred to his confirmation hearings as a “high tech lynching” in part to give the impression that he was treated more harshly because he is a black man.  The reality is that there are still stereotypes about black masculinity that impact the public’s perception of black men who are accused of wrongdoing, independent of the actual truth of the allegations.  This has particular force in the context of sexual harassment, given that the stereotype surrounding black masculinity often turn on black men being portrayed as aggressive and sexually deviant.  Contrast this with Arnold Schwarzenegger, who was elected governor with 48% of the vote (with the candidate who came in second receiving only 32% of the vote) despite admitting to 25 years of sexual inappropriateness on various movie sets, but Justice Thomas was barely confirmed to the Supreme Court by a vote of 52-48.

The second lesson has to do with how the public treats the victims of black men who abuse (or are alleged to have abused) their authority.  What gets lost in the Clarence Thomas controversy is that his accuser is a well-respected law professor who was also crucified in the national media and by some leaders in the black community for telling her story.  There is a racial dynamic that is relevant when the harasser is an African-American who has “made it” and that success is potentially undermined by another African-American who should understand how difficult the journey is.  Thus, instead of Anita Hill’s background lending to her credibility, it was used to discredit her.  For this reason, I was very relieved to see that Politico opted not to publish the names of the women who filed sexual harassment complaints against Cain.  But I think that we should not be surprised if these allegations put an end to Cain’s frontrunner status to be the Republican nominee.               

Two From the Randy Kennedy Department: His New Book and Expelling Clarence Thomas from the Black Community

First, Professor Kennedy's new book, "The Persistence of the Colorline: Racial Politics and the Obama Presidency," is out and has been reviewed in the NY Times here.  I can't wait to read it and after I do will post.

Second, Kennedy recently reviewed Toure's book at The Root.com here.  The most arresting paragraph of the review follows a discussion  of whether the black community should police the boundaries of belonging (determine for itself who is or who is not black to belong to the community).  Kennedy says yes and here is his example:

Some folks ought to have their racial credentials lifted. Consider Supreme Court Justice Clarence Thomas -- the most vilified black official in American history, a man whose very name has become synonymous with selling out. Many organizations, including scores of law schools, refuse to bestow any semblance of prestige or support through association with him. He is being massively boycotted. And like all boycotts, this one is coercive. It applies pressure to the target.
It also applies pressure to third parties, threatening with disapproval those who might cross the boycotters' picket line. The boycott of Thomas is largely monitored by blacks who detest his reactionary politics and rue his paradoxical success in exploiting black racial loyalism. Remember that but for his appeal for protection against a "high-tech lynching," he would probably have failed to win senatorial confirmation to the seat once occupied by Thurgood Marshall.
Is it right for blacks to cast Thomas from their communion? Is it appropriate to indict him for betrayal? These questions have arisen on numerous occasions. In confronting them now, I conclude that I have erred in the past. Previously I have criticized Thomas' performance as a jurist -- his complacent acceptance of policies that unjustly harm those tragically vulnerable to ingrained prejudices; his naked Republican Party parochialism; and his proud, Palinesque ignorance. But I have also chastised those who labeled him a sellout.
I was a sap. Blacks should ostracize Thomas as persona non grata. Despite his parentage, physiognomy and racial self-identification, he ought to be put outside of respectful affiliation with black folk because of his indifference or hostility to their collective condition. His conduct has been so hurtful to and antagonistic toward the black American community that he ought to be expelled from membership in it.

 This is a tough call for me.  First, is Clarence Thomas the most vilified black official in American history?  Hmm.  Is Clarence Thomas' jurisprudence so outrageous that he should be shunned?  If we boycott Thomas why not boycott Scalia and Roberts?  Should we boycott Thomas because as a black man he ought to know better?  Does that mean that Scalia and Roberts get a free pass.  Randall Kennedy is one of my intellectual role models, but I am not convinced on this one.