Jena 6 Focus of Panel Discussion Hosted by BLSA
By Fabiana Furgal, 1L
Photos by Troy Doucet, 1L

November 20, 2007

The Black Law Students Association and the Hot Topics Subcommittee of the Student Services Workgroup hosted a scholarly lecture on race, free speech, and constitutional law in American History, centering around six African-American teenagers in Jena, Louisiana. The six youths, nationally known as the “Jena 6,” were arrested in December 2006 for the beating of a fellow classmate, Justin Baxter, following several racially fueled altercations. The indictments imposed upon the teenagers, including that of 16-year-old Michael Bell, ignited nationwide controversy and spawned the reevaluation of the current state of the nation on racial, social and justice issues. Bell’s initial charge of attempted second degree murder, for which he could have received 22 years in prison, was later reduced to second degree aggravated battery.

Michael Rich, visiting professor teaching criminal law, highlighted the criminal elements of the several racially charged incidents leading up to the beating of Justin Baxter. He described the discretion allowed to both state and federal prosecutors in assigning charges to each unique set of criminal facts presented, noting the hesitancy of prosecutors faced with charging the white youths who had hung the nooses from the tree at the high school as opposed to the harsh indictments levied upon Bell. This disparity indicates the possibly prejudiced approaches of criminal prosecutions within the legal system.

Criminal and Constitutional Law Professor Dan Kobil related the racial complexities of the Jena 6 case with a recent trial in Ohio. The inequitable jury selection for criminal minority defendants was exemplified during a recent trial of an African-American shoplifter in Springfield, Ohio. Professor Kobil said he sadly considers the Jena 6 case similar to many other cases in the country and stated that the case is not as unique in its prejudiced prosecution as the press would allow the public to believe.

Professor Mark Brown, constitutional scholar, addressed the difficulty in managing the speech of youths in the school system, while attempting to refrain from infringing upon their constitutional rights to free speech. He cited to historical cases of free speech infringement from the Vietnam Era in America, explaining the inherent difficulty in prosecuting individuals who communicate through symbolism because of the challenge of establishing intent.

Professor and Constitutional scholar Jim Beattie, revisited the landmark Supreme Court case Plessy v. Ferguson, which supported the Jim Crow laws in America. He focused on the erroneous belief underlying the decision, that a nation’s social inequalities were not addressed by the Constitution. Professor Beattie discussed the constant interplay of social inequalities and the law, posing that the law is precisely the place to remedy social injustices.

The topic of socioeconomic influence on racism in society was explored by Professor Regina Burch. She portrayed the blue collar town of Jena with a photo essay of the area and the parties involved in the case. Professor Burch remarked that a pattern exists in America in which periods of economic upheaval and depression are directly correlated to resurgences in racial discrimination, and that this pattern is illustrated by the town of Jena.

The lecture, moderated by Associate Dean Shirley Mays, ended with questions posed by a responsive body of students — the main concern being how can we learn more about maintaining equality within our legal system?

View a slide show of the panel discussion regarding the Jena 6 - Nov. 15, 2007