E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
We have seen striking coverage over the last two weeks of
the global reaction to George Floyd’s murder, the protest movement, and police violence.
Yet again, people in other countries question whether the U.S. should offer its
constitutional system as a model for the world. This time, the focus is not
only on the grotesque brutality of Floyd’s killing. As reporters have been shot
at with “nonlethal” weapons by police, foreign governments have protested that
freedom of the press needs to be protected in the United States.
The impact through history of U.S. racism on world opinion,
and the way the U.S. government saw civil rights law reform as a corrective, has been widely recognized. Recent provide an occasion to emphasize a
couple of points.
In a Foreign Affairs essay, George
Floyd Moves the World: The Legacy of Racial Protest in America and the
Imperative of Reform, I tell the story of past international protest in
support of U.S. civil rights, but stress that U.S. efforts to address the
impact on the U.S. image were insufficient. They were better at temporary fixes
that aided U.S. diplomacy than rooting out the structural racism that fuel both
protest and foreign criticism.
An essay last week, The
Damage Trump Has Done This Week Extends Far Beyond America’s Borders, in
the New York Times, responds more specifically to Trump’s argument that Minnesota protests made the state “a laughingstock all over the world,” and his pledge to bypass
governors who tolerated protest, and to use the military to “dominate” American
streets.
During the 1950s and ’60s, racism’s
damage to America’s role in the world was highlighted in the president’s daily
national security briefings. Mr. Trump, who ignores his own briefings, is not
likely to understand the ways that police violence and racial injustice hamper
American influence — and the way his own militarism could empower foreign
brutality.
By fanning the flames of
intolerance, it is the president, not the governors, who undermines his
country’s standing in the world.
There are (at least) two takeaways for today's reform efforts. First,
international engagement and pressure is a resource that the Black Lives Matter movement can
draw upon, as did the earlier civil rights movement. Second, surface fixes
intending only to shore up the U.S. image will fail.
The racism crisis in the United
States today is not one slip among others that makes the nation look weak in
the eyes of the world. Racism is a central and enduring American
characteristic, as the critical race theorist Derrick Bell insisted long ago.
Calling it out, as have millions of Americans in the past week, does not
undermine the nation by revealing its well-known failings to the rest of the
world. The world has known of these failings for centuries. Instead, the
protests are a first step toward redress. As other nations are challenged about
their own legacies of injustice, a serious U.S. reform effort could be an
example of strength worth emulating.