California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA - SEPTEMBER 1998
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California Bar Journal

The State Bar of California


REGULARS

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Front Page - September 1998
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News
Need info about bar members? Look on the net
Western State law school wins provisional approval for ABA accreditation
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You Need to Know
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From the President - A privilege gone awry
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Opinion
In defense of opinion
Thomas can think as he chooses
Time to drain the 'BOG'
Let's build a stronger forum
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Letters to the Editor
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Trials Digest
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Legal Tech - 10 reasons to ignore 2000 problem
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New Products & Services
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Law Practice - When mediating, let your imagination run loose
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MCLE Self-Study
The Internet and Global Implications
Self-Assessment Test
MCLE Calendar of Events
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Discipline
Ethics Byte - 'He said, she said' rule for sex
Attorney disbarred after investing client's assets
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Annual Meeting
Did you know these Monterey Peninsula facts?
Scenic, legal visions on the menu
Four vie to lead embattled State Bar
11 seek five seats on bar board
District 2: Three-way race in capital and environs
District 4: Unopposed in San Francisco, Albers is ready
District 7, Office 1: 3 seek southern seat...
District 7, Office 2: ...and also in Los Angeles...
District 3: Two-way race develops in South, East Bay region

OPINION

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Thomas can think as he chooses
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By CYNTHIA TUCKER
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There is very little about which Clarence Thomas and I agree. The ultraconservative Supreme Court justice is a hard-line opponent of affirmative action. I am an unflinching supporter of affirmative action, recognizing it as a legitimate remedy for the racial discrimination that still exists. (Thomas' criticism of affirmative action has drawn fire not only because he is black, but also because he is a hypocrite; he was admitted to the Yale University School of Law as a beneficiary of the very programs he now denounces.)

Thomas opposes a woman's right to choose an abortion. I am a vigorous supporter of a woman's right to choose. Thomas is untroubled by the caprice and biases of a criminal justice system that punishes black men more severely for crimes for which white men get little or no time in prison. I believe those biases to be a contributing factor to the destruction of the black family in America, since so many black men of marriageable age end up in prison, and, because of their prison records, are virtually unemployable when they get out.

However, there is one critical principle upon which Thomas and I are in complete agreement: black Americans, like any other Americans, are individuals free to choose their political ideologies, religious beliefs and personal affiliations.

Thomas is no less "black" because he is ultraconservative. The notion that all blacks should think alike is ridiculous, stereotypical and demeaning--an idea that too many otherwise intelligent black Americans have picked up, unthinkingly, from the catechism of white supremacy. Like Thomas, I will never give in to that warped and destructive thinking.

I also admire Thomas' decision to wade into the lion's den by accepting a controversial invitation to speak to the National Bar Association, the nation's largest organization of black lawyers. After the group's officials asked Thomas to speak to their convention in Memphis, some prominent members threatened to have the invitation rescinded. Others suggested a protest should Thomas dare to show up.

The invitation was not rescinded, and Thomas came to address his critics, unrepentant, even defiant: "I refuse to have my ideas assigned to me because I am black . . . I do not need anyone telling me who I am today. This is especially true of the psycho-silliness about forgetting my roots or self-hatred."

In keeping the engagement with the National Bar Association, Thomas underscored not only his individualism but also another fundamental American tenet: the importance of spirited and uncensored debate.

I wish those whose political inclinations are closer to my own would learn something from Thomas' appearance: Meet your detractors with a vigorous and thoughtful defense of your position, as the nation's great black orators, from Frederick Douglass forward, would have done. The petty insults and sophomoric name-calling--"Uncle Thomas," etc.--with which Thomas' critics greeted him did not diminish his arguments, but rather cast doubt on their own.

Cynthia Tucker is editorial page editor of the Atlanta Constitution. This article was reprinted with her permission.