By sheer coincidence, while I was writing about real and imagined racists, my friend Joan Swirsky was writing about real and imagined victims. Her essay is well worth reading.
Monday, November 20, 2017
Sunday, November 19, 2017
Is an allegation of "racism" debatable?
Recently, while considering the use and abuse of the word "racism," I was reminded of an episode that occurred while teaching constitutional law at Brooklyn Law School. For over 20 years I eviscerated the Supreme Court Heart of Atlanta and McClung cases, tying most of my students who agreed with the Court in logical knots and exposing the result-oriented, dishonest, and indefensible majority opinion. Not surprisingly, some of those students felt themselves aggrieved. Paraphrasing today's vernacular, they considered my deconstruction of the majority opinion worse than a mere "micro-aggression"! As I recall, they considered it no what today would be called a "macro-aggression"-- and worse, in a "safe space" no less, the hallowed halls of academe. (In those days, there was no First Amendment roped-off area across the street).
One semester, soon after a two-hour class devoted to the cases, I received an invitation to visit the Dean. After the requisite small-talk, the following colloquy occurred:
Dean: I've had a group of your con law students in here complaining that you're a racist.
I stared at him, dead silent.
At least fifteen seconds passed.
Dean: Well?
Holzer: Well what?
Dean: Well, what about what they said?
More silence.
Dean: Well, don't you have anything to say?
Holzer: No.
Dean: No?
Holzer: No.
Dean: If someone called me a racist, I'd sure want to deny it.
Holzer: No doubt.
More silence, longer this time.
Dean: So you're not going to deny it?
Holzer: Deny it? I'm not even going to acknowledge it.
Dean: What?
More silence.
Dean: Well, I guess that's it.
Holzer: Yes.
I stood up and left.
He never mentioned the subject again.
For those with the stamina to read my excoriation of the Heart of Atlanta and McClung cases, please see
One semester, soon after a two-hour class devoted to the cases, I received an invitation to visit the Dean. After the requisite small-talk, the following colloquy occurred:
Dean: I've had a group of your con law students in here complaining that you're a racist.
I stared at him, dead silent.
At least fifteen seconds passed.
Dean: Well?
Holzer: Well what?
Dean: Well, what about what they said?
More silence.
Dean: Well, don't you have anything to say?
Holzer: No.
Dean: No?
Holzer: No.
Dean: If someone called me a racist, I'd sure want to deny it.
Holzer: No doubt.
More silence, longer this time.
Dean: So you're not going to deny it?
Holzer: Deny it? I'm not even going to acknowledge it.
Dean: What?
More silence.
Dean: Well, I guess that's it.
Holzer: Yes.
I stood up and left.
He never mentioned the subject again.
For those with the stamina to read my excoriation of the Heart of Atlanta and McClung cases, please see
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