The law grants litigants standing to come into court based on their having sufficient personal interest and involvement in the issue to justify judicial cognisance. Black people (while they may be able to get into court) are denied such standing legitimacy in the world generally when they discuss their negative experiences with racism or even when they attempt to give a positive evaluation of another black person or of his or her work. No matter their experience or expertise, blacks' statements involving race are deemed "special pleading" and thus not entitled to serious consideration.
Not only are blacks' complaints discounted, but black victims of racism are less effective witnesses than are whites, who are members of the oppressor class. This phenomenon reflects a widespread assumption that blacks, unlike whites, cannot be objective on racial issues and will favor their own no matter what. This deep seated belief fuels a continuing effort - despite all manner of Supreme Court decisions intended to curb the practice - to keep black people off juries in cases involving race. Black judges hearing racial cases are eyed suspiciously and sometimes asked to recuse themselves in favor of a white judge - without those making the request even being aware of the paradox in their motions.
Few blacks avoid diminishment of racial standing, most of their statements about racial condidtions being diluted and their recommendations of other blacks taken with a grain of salt. The ususal exception to this rule is the black person who publicly disparages or criticizes other blacks who are speaking or acting in ways that upset whites. Instantly, such statements are granted 'enhanced standing' even when the speaker has no special expertise or experience in the subject he or she is criticizing.
When a black person or group makes a statement or takes an action that the white community or vocal components thereof deem "outrageous," the latter will actively recruit blacks willing to refute the statement or condemn the action. Blacks who respond to the call to condemnation will receive superstanding status. The blacks who refuse to be recruited will be interpreted as endorsing the statements and action and may suffer political or economic reprisals.
True awareness requires an understanding of the Rules of Racial Standing. As an individual's understanding of these rules increases, there will be more and more instances where one can discern their workings. Using this knowledge, one gains the gift of prophesy about racism, its essence, its goals, even its remedies. The price of this knowledge is the frustration that follows recognition that no amount of public prophesy, no matter its accuracy, can either repeal the Rules of Racial Standing nor prevent their or prevent their operation.
Derrick Albert Bell, Jr. (November 6, 1930 – October 5, 2011) was the first tenured African-American professor of Law at Harvard University, and largely credited as the originator of Critical Race Theory. He was the former dean of the University of Oregon School of Law and Professor of Law at New York University.