The Harvard Law School ‘Racist’ Email Controversy:Dean Martha Minow Weighs In

Martha Minow, Dean of the Harvard Law School — and, by the way, a possible Supreme Court nominee — has issued a statement regarding the allegedly racist email by a third-year Harvard Law School student that has been making the rounds. (We refer to the 3L in these pages as simply “CRIMSON DNA” or “DNA”; please do not post DNA’s real name in the comments.)

Not surprisingly for a law professor, Dean Minow avails herself of the teaching moment that the Harvard Black Law Students Association apparently passed on. She writes:

This sad and unfortunate incident prompts both reflection and reassertion of important community principles and ideals. We seek to encourage freedom of expression, but freedom of speech should be accompanied by responsibility. This is a community dedicated to intellectual pursuit and social justice. The circulation of one student’s comment does not reflect the views of the school or the overwhelming majority of the members of this community.

Dean Minow condemns the substance of the email in question:

Here at Harvard Law School, we are committed to preventing degradation of any individual or group, including race-based insensitivity or hostility. The particular comment in question unfortunately resonates with old and hurtful misconceptions. As an educational institution, we are especially dedicated to exposing to the light of inquiry false views about individuals or groups.

She also highlights a point we emphasized last night, namely, that BLSA did not publicize the email or pressure DNA’s future employer (a federal judge) to rescind a job offer.

The dean’s statement refers to an apology written by DNA. We haven’t seen the apology in question (although we’re trying to obtain it). If you have a copy, please email us (subject line: “HLS Apology”).

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Dean Minow’s full statement appears after the jump.

DEAN MARTHA MINOW — HARVARD LAW SCHOOL — STATEMENT REGARDING EMAIL CONTROVERSY

From: Martha Minow
Date: Thu, Apr 29, 2010 at 11:33 AM
Subject: [HLS] A Moment to Pause and Increase Awareness

Dear members of the Harvard Law School community:

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I am writing this morning to address an email message in which one of our students suggested that black people are genetically inferior to white people.

This sad and unfortunate incident prompts both reflection and reassertion of important community principles and ideals. We seek to encourage freedom of expression, but freedom of speech should be accompanied by responsibility. This is a community dedicated to intellectual pursuit and social justice. The circulation of one student’s comment does not reflect the views of the school or the overwhelming majority of the members of this community.

As news of the email emerged yesterday, I met with leaders of our Black Law Students Association to discuss how to address the hurt that this has brought to this community. For BLSA, repercussions of the email have been compounded by false reports that BLSA made the email public and pressed the student’s future employer to rescind a job offer. A troubling event and its reverberations can offer an opportunity to increase awareness, and to foster dialogue and understanding. The BLSA leadership brought this view to our meeting yesterday, and I share their wish to turn this moment into one that helps us make progress in a community dedicated to fairness and justice.

Here at Harvard Law School, we are committed to preventing degradation of any individual or group, including race-based insensitivity or hostility. The particular comment in question unfortunately resonates with old and hurtful misconceptions. As an educational institution, we are especially dedicated to exposing to the light of inquiry false views about individuals or groups.

I am heartened to see the apology written by the student who authored the email, and to see her acknowledgement of the offense and hurt that the comment engendered.

I would like to thank the faculty, administrators, and students who have already undertaken serious efforts to increase our chances for mutual understanding, confrontation of falsehoods, and deliberative engagement with difficult issues, and making this an ever better community.

Sincerely,
Martha Minow

Earlier: Harvard Law School 3L’s Racist Email Goes National
The Harvard Law School ‘Racist’ Email Controversy: Corrections and More Commentary