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Author Topic:   Defensible Discrimination? (January 2002)
Pattie Gillett
True Believer
posted 01-19-2002 08:16 PM     Click Here to See the Profile for Pattie Gillett   Click Here to Email Pattie Gillett     Edit/Delete Message   Reply w/Quote
The January Public Policy update is now online.

Kevin Ott
True Believer
posted 01-19-2002 08:17 PM     Click Here to See the Profile for Kevin Ott   Click Here to Email Kevin Ott     Edit/Delete Message   Reply w/Quote
A friend of mine who recently flew from Dallas to Columbus told me a story about how he was pulled out of line randomly by an airport security person and searched in front of everyone. Here’s the good thing: This guy is white as white can be. Nice to know we’re still under the same watchful eye as our browner brethren.

But still. When the only person we know of who left the country to fight for the Taliban was a white guy from the suburbs, it puts a whole new spin on racial profiling. (Of course, it’s arguable that he’s in the news because he’s white, and Grand Wizard of Fatherland Security John "El Duce" Ashcroft recently told us all that he won’t be seeking the death penalty for Mr. Lindh. But I’m trying to avoid drawing conclusions.) Who do we look for? Of course, it’s not inappropriate for us to notice that a lot of the guys who are doing bad things to us seem to have similar facial features. And I don’t even think it’s inappropriate for scared people to be unsurprised when a given terrorist has clearly refused the in-flight meal of pork chops wrapped in bacon.

But you’ve still got guys like John Walker Lindh. Lindh joined the Taliban of his own free will and not because of any kind of recruitment, but he’s still a wild card in the racial profiling drama, I think. I’m pretty sure the Australian guy who joined the Taliban was white as well.

My point is that it’s not impossible for terrorist organizations to make their way around any kind of racial profiling procedures. Are the authorities looking for Arab men in their mid-20s? Find a disgruntled middle-aged white guy to do your dirty work. It’s not as if there aren’t any around.

I also think that the people who argue in favor of racial profiling in some limited form would have a better argument if there weren’t so many innocent Palestinian art students being detained, or if there weren’t any oblivious Sikh gas station attendants in the hospital. Racial profiling may be a useful tool in law enforcement, but it’s dancing with the devil, and Old Scratch never leaves the nightclub without giving you his business card. Or something.

Dave Thomer
Guardian of Peace and Justice in the Galaxy
posted 01-19-2002 08:18 PM     Click Here to See the Profile for Dave Thomer   Click Here to Email Dave Thomer     Edit/Delete Message   Reply w/Quote
My initial, gut-instinct reaction to racial profiling of any kind is pretty much, “No way, no how.” As a society we’re still trying to get a handle on being racially and ethnically inclusive, and the last thing we need is an official policy that seems to justify treating members of one group differently than those of another group, especially if that policy also reinforces negative stereotypes.

But I think that may be a bit too simplistic, especially after going over some of the examples in this article. I still think there’s no justification for ‘hard’ profiling. To begin with, there’s no indisputable evidence that particular ethnic groups are more likely to be drug traffickers; more importantly, even if there were, that evidence would only establish a correlation, not a causation. If we’re going to go down that road, we should start trying to figure out whether people with dark hair commit more crimes than people light hair, and start pulling them over. If that means we miss a drug trafficker or two, that’s the penalty we pay for embracing civil liberties and equal justice. We pay lip service to the notion that we would rather let ten guilty people go free than jail one innocent person. This is the type of situation in which that principle gets put to the test.

“But what about hijackers?” Well, I’m assuming that the reason people want to justify profiling in airports is because they think we should be willing to whatever it takes to ensure the safety of the airways, that there should be no cracks in the net. But profiling is all about deciding who to let through the cracks – we can’t search everyone, so we’ll focus our efforts on a certain group of people we think are more likely. If we’re really willing to do everything it takes, we ought to be spending the money to upgrade the technology and personnel at airports, and if that means higher taxes or higher ticket prices, so be it. Racial profiling is a short cut, and if we think it’s making us any safer, we’re deluding ourselves.

At the same time, I’m wondering if “soft” profiling might not be totally inappropriate in certain circumstances. There’s a tenuous connection between race and culture, but it is a connection; while it’s nowhere near enough to be a sole criterion, in combination with other factors, might it be appropriate, if it truly is applied to all groups? (I often hear profiling justified by saying ‘if a white person is driving a car in an all-black neighborhood known for drug use, we’ll stop that person.’ Maybe so, and I can kind of see the justification. Anecdotally, though, back in college I was walking through an all-black neighborhood in the middle of the day, and a white cop called me over to his car to chastise me for being in an area where I’d be unsafe.) But I can see the rationale for something along the lines of pulling over large vehicles with certain enhancements, as Pattie mentioned. People in the drug case are going to pay cash for vehicles, so they probably won’t be buying from car dealers, so they’ll find some other way to spruce up their vehicles. There’s a logical argument here that speaks to causation rather than mere correlation. On the other hand – why not pull over every large vehicle with such enhancements? Why is a black man driving an SUV more likely to be a criminal than a white man driving an SUV? Unless that question can be answered coherently, with valid and virtually unassailable empirical evidence to back it up, I don’t see how the benefits of any kind of racial profiling outweigh the negatives; but if they can, we should not be quick to yell ‘racist!’

Olympe
Just Got Here
posted 01-26-2002 09:27 PM     Click Here to See the Profile for Olympe     Edit/Delete Message   Reply w/Quote
I can see race being a factor in profiling--but it should be a very SMALL factor, taken into account only after all of the other considerations Pattie mentioned have been considered. I think it's pretty likely to lead law enforcement folks off track if it becomes THE factor. For one thing, I'm sure there are Middle-Eastern guys light enough to pass for white, or at least Hispanic, especially if they change their names around. And really, how many people are there who look Middle Eastern? A lot: there are Middle Easterners themselves, South Asians, and multiracial people among others. That's a lot of people. Narrowing your search down to people who look Middle Eastern probably isn't going to be any more effective than just searching everyone.

Pattie Gillett
True Believer
posted 01-28-2002 10:19 AM     Click Here to See the Profile for Pattie Gillett   Click Here to Email Pattie Gillett     Edit/Delete Message   Reply w/Quote
Excellent point, and given the general lack of understanding that we Americans have about Arab and Islamic culture, we end up penalizing everyone with a certain skin tone.

There's "erring in the side of caution" and then there's being lazy and ignorant.

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