in February of 2015 we were engaged in
one of the most divisive heated debates
that I can remember in my adult life
friendships were challenged families
were divided the entire country was
animated by this issue and we were so
frustrated by our inability to to get
people to understand our point of view
you no doubt were involved in this
to debate about this white and gold
dress I knew this dress was white and
gold all of you at least those of you
who are reasonable knew that this dress
was white and gold but there were those
people out there you know who they are
the ones who always cause trouble always
looking for a fight who amazingly
insisted that this dress was somehow
blue and black there’s one in every
crowd so fast forward two years later
2017 United States and Mississippi
movements abound movements as I think of
movements as a civil rights lawyer in
Mississippi political social religious
swirling all around us like currents in
a river and we’re caught up in the Royal
and we can’t seem to make each other
understand what it is we’re trying to
say we see the same footage on
television we hear the same political
speeches but we’re so deeply divided and
we’re angry and we’re frustrated maybe
now more than ever and so the question
arises what do we do about it first I
think we need to reject out of hand
before we get started the myth of
neutrality the notion that we come to
these issues and these images as a blank
slate tabula rasa that we make our
initial judgments and our
former initial reactions based on
objective data and facts we know that’s
not true
I teach civil rights law and litigation
at the University of Mississippi School
of Law as part of my work as director
with the MacArthur Justice Center in our
class is always very diverse always at
least fifty percent african-american
fifty percent other usually white and in
the classroom we read the same cases
talk about issues politics race poverty
crime and punishment it’s always
interesting to the students and always
to me never gets old to see how the
conclusion the reactions so different
based on where you grew up whether
you’re white or black how old you are or
dear religious not religious part of the
world you’re from we bring all those
experiences to bear and in the last 10
to 15 years there’s been a lot of
conversation about implicit bias we talk
about an implicit bias in our class
perhaps you’ve been involved in those
conversations
there’s tests that you can take online
and I encourage you to take them Harvard
University has a series of tests and I
make my students take them and they’re
often a little embarrassed because our
implicit bias those deep-seated points
of view and filters that exist within us
aren’t always consistent with our stated
position or ethic they just creep up in
ways that are troubling and so I
encourage you to take the tests and
there are things we’ve seen research
shows for example that white people tend
to view other white people more
favorably than they do african-american
people tend to show that many of us have
real doubts about the ability of women
to excel in math and science tends to
show that all of us black and white tend
to respond more violently to the threat
from an african-american than we do from
the threat from a white person it’s just
in there we don’t like to talk about it
but it’s just somehow that filters been
created
so we know the consequence right I mean
we know how this plays out for some
people this is America at its best this
makes you feel patriotic right I mean
the opportunity to protest in a very
public setting a very visible way it’s
controversial right next to somebody who
decides they’re not going to take part
in that protest they’re going to follow
traditional norms and makes us feel good
about who we are other people we know
all too well see that as an affront to
America to the flag to the national
anthem to everyone who’s fought for the
country some people see that image is a
symbol of heritage in history of sweet
tea and fried okra of dinner on the
grounds after church and a fishing at
Grandma’s house others of us see that
image is one of division and hate and
violence an image that harkens back to a
dark time in our history some of us see
that image is something that was
inevitable you just can’t keep people
down of course they’re gonna rise up and
what’s so wrong with saying that our
lives matter just as much as anyone
elses
but others of us look at that and say
that’s an overreaction and somehow
you’re diminishing Who I am when you say
that black lives matter what are you
some of us see that as a response to
science it’s responsible stewardship
others see it as knee-jerk reaction is
Amanda in the way of corporate and
economic progress and of course this
some of us see this is the culmination
of a long struggle to recognize that
love is love regardless of sexual
identity or sexual orientation while
others see this as an affront to deeply
held religious beliefs something they’ve
been told was wrong
as far back as they can remember and
it’s not just images is it it’s words
it’s language we’re gonna hear from
Mayor La MaMa later today he said that
he wants Jackson to be the most radical
city in America some of us see that word
hear it spoken it’s pretty exciting
change is coming status quo is done and
things are going to happen sooner rather
than later others of us hear that word
and that’s scary change is coming it’s
coming too fast I’m not sure that
radical means well thought out flip it
moderate for many of us that’s
thoughtful mature slow consideration of
the issues of the day for others it’s
clinging to the status quo in a way that
continues to subjugate those who have
always been on the fringes its language
its images and we view them through the
filter that we all have we don’t always
like them but our initial reactions are
the result of those filters that
implicit bias and so I commend to you
the notion of rejecting this myth of
neutrality so we find ourselves in this
situation we’re frustrated and we’re
angry where do we go from here so as a
lawyer I think about the law sometimes
and what it has to offer to larger
conversation and I think about juries
and I think about the classic film 12
Angry Men and if you’ve seen 12 Angry
Men you know that Henry Fonda just
wouldn’t go along I would note that this
particular jury would be frightening to
many defendants today but it’s an old
movie juries jurors see saying
to hear the same witnesses saying
testimony they’re given the same jury
instructions by the judge and they
retire to the jury room and many times
they just can’t reach a unanimous
verdict they send a note out tell the
judge we’re hopelessly deadlocked but
she doesn’t let him off the hook that
easily
does she she brings him into the
courtroom she says you got to go back
you got to keep working she gives them
something known as an Allen charge
sometimes it’s called a dynamite charge
she tells them I’m gonna send you back
but I’m gonna give you some advice
before you go back on and give you some
things to consider hold tight to your
deepest held convictions
first and foremost hold on but I want
you to work I want you to work with your
fellow jurors I want you to consider the
facts and the evidence exhibits the
testimony over again I know you’ve done
it but I want you to keep at it I want
you to keep working what you keep
talking to one another
and if after doing that hard work and
holding to your deepest convictions you
determine that it’s appropriate to
change your opinion to change your vote
to change your mind then you should do
so and I want to tell you one other
thing the model instruction says you are
people of equally good will and you are
equally committed to doing this job now
go do the hard work moving from a lot of
politics I also think about the reality
of one of the biggest insults we can
make in politics something that really
bothers us something that Mitt Romney
had to deal with and something that John
Kerry had to deal with somehow this will
get you in trouble as a politician as
much as anything flip-flopping man you
took a position on this issue you spoke
out loud and clear and then at some
point later in time you took a different
position it seems like you flipped and
tie
and that’s not deep conviction that’s
not what smart people do we know what we
think and we cling to it for dear life
and we think it from the time of our
initial reaction to the time we go to
the grave and I’m not talking about
political gamesmanship or certainly not
dishonesty but the question of how we
respond to how we feel about changing
one’s mind what that says to us about
someone the extent to which we question
that so I think it’s fair to ask what is
I want of you so I would propose a few
let’s be humble let’s not fall in love
with our own initial reactions quite so
fast
let’s recognize that our initial
reactions to images and words are the
result of inputs and influences that
might lead to positions that are
irrational unsupported by facts data my
son’s a statistician and he always talks
to me about data data data anecdotes are
dangerous but let’s be humble I’d also
propose that we be committed really
committed to the hard work that that
judge has the jury to do to sitting down
with other people of good will holding
hard to your deepest convictions but
going over yet again the evidence the
facts all the information that’s
available to us and working toward
honing our positions fine-tuning our
positions and recognizing that there’s a
difference between initial reactions and
final decisions those don’t always have
to be the same do they and finally I
would say let’s be gracious
to one another let’s give each other
room to change our minds I’m not talking
about some mushy place where we all meet
in the middle and everyone agrees on
everything that’s not gonna happen
I litigate for a living I suspect that
I’ll have plenty of work to do for the
rest of my career we are going to
disagree
don’t miss hear me that is as it should
be if you hold on to your deepest
conviction and I hold on to mine and we
do the hard work we’re going to disagree
but let’s remember that we’re planting
seeds making people think people are
making us think over the course of a
year or two or longer maybe we’ll change
our minds I knew what I believed with
everything in me I was right I knew I
was right but then I looked at it again
and another time I’ll be dang I think I
was wrong I know I was wrong I admit it
no victory laps know I told you so can
we respect one another for getting to
that place so we’re divided we’re angry
but maybe if we do this work maybe we
can be unified in knowing that all of us
many of us some of us a few of us are
trying to get it right we can be unified
in that and in 2017 that’s no small
you [Applause]
one of the most divisive heated debates
that I can remember in my adult life
friendships were challenged families
were divided the entire country was
animated by this issue and we were so
frustrated by our inability to to get
people to understand our point of view
you no doubt were involved in this
to debate about this white and gold
dress I knew this dress was white and
gold all of you at least those of you
who are reasonable knew that this dress
was white and gold but there were those
people out there you know who they are
the ones who always cause trouble always
looking for a fight who amazingly
insisted that this dress was somehow
blue and black there’s one in every
crowd so fast forward two years later
2017 United States and Mississippi
movements abound movements as I think of
movements as a civil rights lawyer in
Mississippi political social religious
swirling all around us like currents in
a river and we’re caught up in the Royal
and we can’t seem to make each other
understand what it is we’re trying to
say we see the same footage on
television we hear the same political
speeches but we’re so deeply divided and
we’re angry and we’re frustrated maybe
now more than ever and so the question
arises what do we do about it first I
think we need to reject out of hand
before we get started the myth of
neutrality the notion that we come to
these issues and these images as a blank
slate tabula rasa that we make our
initial judgments and our
former initial reactions based on
objective data and facts we know that’s
not true
I teach civil rights law and litigation
at the University of Mississippi School
of Law as part of my work as director
with the MacArthur Justice Center in our
class is always very diverse always at
least fifty percent african-american
fifty percent other usually white and in
the classroom we read the same cases
talk about issues politics race poverty
crime and punishment it’s always
interesting to the students and always
to me never gets old to see how the
conclusion the reactions so different
based on where you grew up whether
you’re white or black how old you are or
dear religious not religious part of the
world you’re from we bring all those
experiences to bear and in the last 10
to 15 years there’s been a lot of
conversation about implicit bias we talk
about an implicit bias in our class
perhaps you’ve been involved in those
conversations
there’s tests that you can take online
and I encourage you to take them Harvard
University has a series of tests and I
make my students take them and they’re
often a little embarrassed because our
implicit bias those deep-seated points
of view and filters that exist within us
aren’t always consistent with our stated
position or ethic they just creep up in
ways that are troubling and so I
encourage you to take the tests and
there are things we’ve seen research
shows for example that white people tend
to view other white people more
favorably than they do african-american
people tend to show that many of us have
real doubts about the ability of women
to excel in math and science tends to
show that all of us black and white tend
to respond more violently to the threat
from an african-american than we do from
the threat from a white person it’s just
in there we don’t like to talk about it
but it’s just somehow that filters been
created
so we know the consequence right I mean
we know how this plays out for some
people this is America at its best this
makes you feel patriotic right I mean
the opportunity to protest in a very
public setting a very visible way it’s
controversial right next to somebody who
decides they’re not going to take part
in that protest they’re going to follow
traditional norms and makes us feel good
about who we are other people we know
all too well see that as an affront to
America to the flag to the national
anthem to everyone who’s fought for the
country some people see that image is a
symbol of heritage in history of sweet
tea and fried okra of dinner on the
grounds after church and a fishing at
Grandma’s house others of us see that
image is one of division and hate and
violence an image that harkens back to a
dark time in our history some of us see
that image is something that was
inevitable you just can’t keep people
down of course they’re gonna rise up and
what’s so wrong with saying that our
lives matter just as much as anyone
elses
but others of us look at that and say
that’s an overreaction and somehow
you’re diminishing Who I am when you say
that black lives matter what are you
some of us see that as a response to
science it’s responsible stewardship
others see it as knee-jerk reaction is
Amanda in the way of corporate and
economic progress and of course this
some of us see this is the culmination
of a long struggle to recognize that
love is love regardless of sexual
identity or sexual orientation while
others see this as an affront to deeply
held religious beliefs something they’ve
been told was wrong
as far back as they can remember and
it’s not just images is it it’s words
it’s language we’re gonna hear from
Mayor La MaMa later today he said that
he wants Jackson to be the most radical
city in America some of us see that word
hear it spoken it’s pretty exciting
change is coming status quo is done and
things are going to happen sooner rather
than later others of us hear that word
and that’s scary change is coming it’s
coming too fast I’m not sure that
radical means well thought out flip it
moderate for many of us that’s
thoughtful mature slow consideration of
the issues of the day for others it’s
clinging to the status quo in a way that
continues to subjugate those who have
always been on the fringes its language
its images and we view them through the
filter that we all have we don’t always
like them but our initial reactions are
the result of those filters that
implicit bias and so I commend to you
the notion of rejecting this myth of
neutrality so we find ourselves in this
situation we’re frustrated and we’re
angry where do we go from here so as a
lawyer I think about the law sometimes
and what it has to offer to larger
conversation and I think about juries
and I think about the classic film 12
Angry Men and if you’ve seen 12 Angry
Men you know that Henry Fonda just
wouldn’t go along I would note that this
particular jury would be frightening to
many defendants today but it’s an old
movie juries jurors see saying
to hear the same witnesses saying
testimony they’re given the same jury
instructions by the judge and they
retire to the jury room and many times
they just can’t reach a unanimous
verdict they send a note out tell the
judge we’re hopelessly deadlocked but
she doesn’t let him off the hook that
easily
does she she brings him into the
courtroom she says you got to go back
you got to keep working she gives them
something known as an Allen charge
sometimes it’s called a dynamite charge
she tells them I’m gonna send you back
but I’m gonna give you some advice
before you go back on and give you some
things to consider hold tight to your
deepest held convictions
first and foremost hold on but I want
you to work I want you to work with your
fellow jurors I want you to consider the
facts and the evidence exhibits the
testimony over again I know you’ve done
it but I want you to keep at it I want
you to keep working what you keep
talking to one another
and if after doing that hard work and
holding to your deepest convictions you
determine that it’s appropriate to
change your opinion to change your vote
to change your mind then you should do
so and I want to tell you one other
thing the model instruction says you are
people of equally good will and you are
equally committed to doing this job now
go do the hard work moving from a lot of
politics I also think about the reality
of one of the biggest insults we can
make in politics something that really
bothers us something that Mitt Romney
had to deal with and something that John
Kerry had to deal with somehow this will
get you in trouble as a politician as
much as anything flip-flopping man you
took a position on this issue you spoke
out loud and clear and then at some
point later in time you took a different
position it seems like you flipped and
tie
and that’s not deep conviction that’s
not what smart people do we know what we
think and we cling to it for dear life
and we think it from the time of our
initial reaction to the time we go to
the grave and I’m not talking about
political gamesmanship or certainly not
dishonesty but the question of how we
respond to how we feel about changing
one’s mind what that says to us about
someone the extent to which we question
that so I think it’s fair to ask what is
I want of you so I would propose a few
let’s be humble let’s not fall in love
with our own initial reactions quite so
fast
let’s recognize that our initial
reactions to images and words are the
result of inputs and influences that
might lead to positions that are
irrational unsupported by facts data my
son’s a statistician and he always talks
to me about data data data anecdotes are
dangerous but let’s be humble I’d also
propose that we be committed really
committed to the hard work that that
judge has the jury to do to sitting down
with other people of good will holding
hard to your deepest convictions but
going over yet again the evidence the
facts all the information that’s
available to us and working toward
honing our positions fine-tuning our
positions and recognizing that there’s a
difference between initial reactions and
final decisions those don’t always have
to be the same do they and finally I
would say let’s be gracious
to one another let’s give each other
room to change our minds I’m not talking
about some mushy place where we all meet
in the middle and everyone agrees on
everything that’s not gonna happen
I litigate for a living I suspect that
I’ll have plenty of work to do for the
rest of my career we are going to
disagree
don’t miss hear me that is as it should
be if you hold on to your deepest
conviction and I hold on to mine and we
do the hard work we’re going to disagree
but let’s remember that we’re planting
seeds making people think people are
making us think over the course of a
year or two or longer maybe we’ll change
our minds I knew what I believed with
everything in me I was right I knew I
was right but then I looked at it again
and another time I’ll be dang I think I
was wrong I know I was wrong I admit it
no victory laps know I told you so can
we respect one another for getting to
that place so we’re divided we’re angry
but maybe if we do this work maybe we
can be unified in knowing that all of us
many of us some of us a few of us are
trying to get it right we can be unified
in that and in 2017 that’s no small
you [Applause]
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