From Academic Freedom to Cancel Culture: Silencing Black Women in the Legal Academy

Abstract

  • In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors to support each other in the legal academy.

  • Shared experiences of systemic gendered racism, leading to a need for navigating the predominantly white law school environment.

  • Historical context includes articles published in the Berkeley Women’s Law Journal; contemporary voices echo past struggles.

  • Black women law professors face cancel culture not as punishment for bad actions, but simply for their existence.

  • The article explores how dominant academic norms silence and cancel Black women, leading to systemic gendered racism impacting their careers.

  • Calls for an evaluation of academic norms to create positive experiences for Black women in law schools.

Table of Contents

  1. Introduction

  2. What is Cancel Culture?

  3. How do Academic Norms Silence and Cancel Black Women?

    • A. Law Schools are White Spaces

    • B. White Norms Govern Law Schools

    • C. Academic Freedom and Tenure are White Norms

  4. Canceling Black Women

    • A. Not All Women, Black Women

    • B. Tools of Cancellation and Silence

    • C. Invisible Labor and Black Taxes

    • D. Literally and Figuratively, Cancellation Kills

  5. What Can the Legal Academy Do About It?

    • A. Incorporate Whiteness and Critical Race Theories Across the Curriculum

    • B. Reevaluate Academic Norms

    • C. Engage in Meaningful Diversity and Inclusion Practices

    • D. Amplify, Ally, Accomplice

  6. Conclusion

Introduction

  • The legal academy is a predominantly white space, dominated by norms set by white academic culture.

  • Black women navigating these spaces often face cancellation for failing to conform to these norms.

  • Cancel culture has emerged as a significant topic, often defined as a response to perceived inappropriate behavior or beliefs.

  • The article discusses how cancellation is employed to maintain status quo and silence marginalized voices.

What is Cancel Culture?

  • Defined as a phenomenon where individuals face boycotting or loss of support due to objectionable behavior or opinions.

  • Distinction between 'cancel culture' and 'callout culture', yet both aim to hold individuals accountable.

  • Historical roots of cancellation in social movements, particularly linked to marginalized communities.

How do Academic Norms Silence and Cancel Black Women?

A. Law Schools are White Spaces

  • Predominantly defined by the presence of white faculty and students, creating an environment hostile to people of color.

  • Law schools perpetuate white academic norms that exclude and silence nonwhite faculty.

B. White Norms Govern Law Schools

  • Policies reflect key values of white male culture with emphasis on maintaining exclusionary practices.

C. Academic Freedom and Tenure are White Norms

  • Traditionally, academic freedom privileges white male faculty, impacting tenure processes and suppressing voices of Black women.

  • Data reveals significant disparities in perceptions of fairness within the tenure process between white men and women of color.

Canceling Black Women

A. Not All Women, Black Women

  • Intersectionality must be understood to analyze how Black women uniquely experience discrimination.

B. Tools of Cancellation and Silence

  • Tactics used include emotional manipulation, such as white tears, and intersectional microaggressions.

C. Invisible Labor and Black Taxes

  • Black women face additional emotional and onerous labor linked to their identities in academia.

D. Literally and Figuratively, Cancellation Kills

  • Continuous experience of systemic racism can lead to significant health disparities among Black women in the academy.

What Can the Legal Academy Do About It?

A. Incorporate Whiteness and Critical Race Theories Across the Curriculum

  • Emphasizes necessity for teaching anti-racist theories and promoting discussions about racial dynamics.

B. Reevaluate Academic Norms

  • Calls for dismantling hierarchical norms that uphold inequities in academia, particularly in tenure.

C. Engage in Meaningful Diversity and Inclusion Practices

  • Critique the ineffectiveness of current diversity initiatives that do not fundamentally challenge exclusionary practices.

D. Amplify, Ally, Accomplice

  • Encouragement for allies to elevate the voices of Black women and actively dismantle oppressive structures.

Conclusion

  • The academic norms in law schools suppress the voices of Black women, leading to silencing and cancellation.

  • Institutions must reevaluate their practices to foster inclusivity and support the authentic presence of Black women in legal academia.

  • There is a need for systemic changes and ongoing activism to ensure that Black women can thrive in law schools without compromise to their identity.