Presumptuous elites work to thwart justice at Duke

Abigail Thernstrom:

Privileged, rowdy white jocks at an elite, Southern college, a poor, young black stripper, and an alleged rape: It was a juicy, made-for-the-media story of race, class and sex, and it was told and retold for months with a ferocious, moralistic intensity. Reporters and pundits ripped into Duke University, the white race and the young lacrosse players at the center of the episode, and the local justice system quickly handed up indictments. But as Stuart Taylor Jr. and KC Johnson show in "Until Proven Innocent"--and as the facts themselves would show when they finally came to light--it was a false story, a toxic controversy built on lies and bad faith.

There was plenty of wrongdoing, of course, but it had very little to do with Duke's lacrosse players. It was perpetrated instead by a rogue district attorney determined to win re-election in a racially divided, town-gown city; ideologically driven reporters and their pseudo-expert sources; censorious faculty members driven by the imperatives of political correctness; a craven university president; and black community leaders seemingly ready to believe any charge of black victimization.

"Until Proven Innocent" is a stunning book. It recounts the Duke lacrosse case in fascinating detail and offers, along the way, a damning portrait of the institutions--legal, educational and journalistic--that do so much to shape contemporary American culture. Messrs. Taylor and Johnson make it clear that the Duke affair--the rabid prosecution, the skewed commentary, the distorted media storyline--was not some odd, outlier incident but the product of an elite culture's most treasured assumptions about American life, not least about America's supposed racial divide.

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The state attorney general--after an agonizing yearlong investigation, culminating in Mr. Nifong's removal from the case--determined in April 2007 that Messrs. Evans, Finnerty and Seligmann were innocent of all charges. Nothing--absolutely nothing--had happened at the party. The players' innocence had been apparent to their own attorneys from the outset. It should have been apparent to Mr. Nifong, too, given all the exculpatory details he knew. But he was desperate to win a close primary election and needed black votes, so he proceeded with an unjustified prosecution and publicly vilified innocent young men.

In this fundamental injustice, he was aided and abetted by others in Durham. Richard Brodhead, the president of Duke, condemned the lacrosse players as if they had already been found guilty, demanded the resignation of their coach and studiously ignored the mounting evidence that Ms. Mangum's charge was false. He was clearly terrified of the racial and gender activists on his own faculty. Houston Baker, a noted professor of English, called the lacrosse players "white, violent, drunken men veritably given license to rape," men who could "claim innocence . . . safe under the cover of silent whiteness." Protesters on campus and in the city itself waved "castrate" banners, put up "wanted" posters and threatened the physical safety of the lacrosse players.

The vitriolic rhetoric of the faculty and Durham's "progressive" community--including the local chapter of the NAACP--helped to intensify the scandal and stoke the media fires. The New York Times' coverage was particularly egregious, as Messrs. Taylor and Johnson vividly show. It ran dozens of prominent stories and "analysis" articles trying to plumb the pathologies of the lacrosse players and of a campus culture that allowed swaggering white males to prey on poor, defenseless young black women. As one shrewd Times alumnus later wrote: "You couldn't invent a story so precisely tuned to the outrage frequency of the modern, metropolitan, bien pensant journalist." Such Nifong allies--unlike the district attorney himself--paid no price for their shocking indifference to the truth.

Taylor wrote articles about these abuses in the National Journal while Johnson blogged about the travesty at Durham in Wonderland. Of all the parties to this lynching, only Nifong has had to pay a price. Certainly his abuse of office deserved the punishment he received, but the Duke faculty and the NY Times are as arrogant as ever. While the market place may met out some punishment to the Times and its lost credibility, the faculty of Duke deserve a special rebuke which they will probably never get. They will continue to attempt to infect their students with their prejudices as if nothing they did was wrong. They will be allowed to go on strangling mocking birds while crowing about their tolerance.