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The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber Jan 2021

The Fourth Amendment’S Forgotten Free-Speech Dimensions, Aya Gruber

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Policing And "Bluelining", Aya Gruber Jan 2021

Policing And "Bluelining", Aya Gruber

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In this Commentary written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing but its function. Or, as Paul Butler counsels, “Don’t get it twisted—the criminal justice system ain’t broke. It’s working just the way it’s supposed to.” This claim contradicts the conventional narrative, which remains largely accepted, that the police exist to vindicate the community’s interest in solving, reducing, and preventing crime. A perusal of the history of organized policing in the United States, however, reveals that it was never mainly about …