by Abdullah Ali
This fall, the Vanderbilt Social Justice Reporter had the honor of hosting Professor Jamila Jefferson, the Earl B. Shurtz Research Professor of Law and Pillsbury Winthrop Associate Dean for Diversity, Equity, Inclusion, and Belonging at the University of Kansas School of Law.
Professor Jefferson delivered a compelling talk on her paper, #LivingWhileBlack: Blackness as Nuisance, co-authored with Professor Taja-Nia Henderson of Rutgers Law School. This paper was inspired by the alarming rise of 911 calls in 2018, in which Black individuals across the United States were reported for simply existing in spaces—both public and private—that the callers deemed “inappropriate” for Black people to occupy. In nearly every instance, the targeted individuals were well within their legal rights to be in those spaces. Professor Jefferson argued that this phenomenon is not new; rather, it is part of a long-standing pattern in America where Black people have been subjected to abuses of property and criminal law. White Americans, often leveraging their privileged relationship with law enforcement, have historically used the police to maintain the racial homogeneity of public spaces, keeping them “white” at the expense of Black lives.
Professor Jefferson’s paper underscores how this dynamic is a direct legacy of chattel slavery in America. It highlights the entitlement some white individuals feel to deprive or restrict Black people’s access to both public and private spaces. Whether it’s a Black man peacefully birdwatching in a park or a young Black child selling lemonade outside his parents’ apartment complex, white callers have felt entitled to assert that these Black people did not belong. While the legacy of racial oppression in America is long and painful, Professor Jefferson emphasized that the fight against it must be ongoing.
In her talk, Professor Jefferson also discussed potential solutions, focusing on the role of implicit bias training for both 911 operators and law enforcement. She argued that such training could help address the racial disparities in how calls are handled, particularly those motivated by racial animus. By equipping 911 operators and police officers to recognize and respond to racially motivated calls in real time, it becomes possible to ensure that Black lives are protected and affirmed. Properly trained responders can distinguish between legitimate emergencies and racially biased calls, reducing the ability of ill-intentioned individuals to weaponize law enforcement to enforce their racist views.
