UNAPOLOGETIC BLACK OPINION

Why America's Obsession With Seeing Jussie Smollett Punished is Disturbing

When a guilty plea becomes food for racist fodder

Last December, a jury found Jussie Smollet guilty of "falsely reporting a hate crime." And given the rise of hate crimes against Black people in America, these false reports are a White racist's dream come true. They would like nothing more than discredit the lived experiences of Black people victimized by hate crimes, in the same way, that rapists try to discredit women who report instances of sexual assault. "There's nothing to see here vibes" are so much easier when the public doubts the credibility of the victims of these crimes.

Americans may envision an antiquated past when they think about hate crimes against Black Americans. But, hate crimes increased 52 percent from 1992 to 1996. And, contrary to popular belief, race relations have not improved since then. A 2021 FBI report indicated that America experienced the "highest level of hate crimes in 12 years." Clearly, hate crimes are on the rise in America, and someone falsely claiming to be the victim of a hate crime is offensive; that's clear.

But, in the aftermath of Jussie Smollet's guilty verdict, we've seen racists use his case as a way to dismiss the rising threat of racism and white supremacist extremism in America. Remember, White Supremacists pose "the greatest domestic terror threat." And, those using Smollet as a case study to deny the violent side of racism are no better than Ronald Reagan, who used the story of Linda Taylor, dubbed the "welfare queen" 's misuse as a premise to oppose welfare programs that help millions of Americans. The conservatives in this country are still opposing such programs. We're not new to this.

A judge sentenced the 39-year old actor to serve 150 days in jail, and many complained his sentence was insufficient. Keep in mind a White woman named Carolyn Bryant lied to authorities about Emmett Till and her husband's involvement in his lynching. She's still alive, and no one has pressed charges against her for lying to the police, even though his family wants officials to hold her accountable. To strengthen their case, Till's family submitted a petition with over 300,000 signatures.

Let me be clear. Lying to the police is illegal, but wanting Smollet to rot in jail for a nonviolent crime is prejudicial. Yesterday, the court ordered the immediate release of Jussie Smollet on an appeal bond. Too many people assume his release means Smollet won't serve time for his conviction. He may, but he has the right to appeal the case just like every American. If the various appeals courts deny Smollet's challenges, he will either serve the rest of his time in jail or work out a deal with the judge for time served or another combination of punitive measures.

This outrage exposed a lot of people who think a Black man doesn't have the right to appeal his case — this is disturbing. Like it or not, "criminal defendants who were convicted by a judge or jury at trial have an absolute right to appeal their convictions." Since filing hate crime charges, Smollet has consistently asserted his innocence, telling the court, "If I did this, then it means that I stuck my fist in the fears of Black Americans in this country for over 400 years and the fears of the LGBT community." And if Smollet is, in fact, guilty of lying about experiencing a hate crime, he is disrespecting the Black and LGBTQ civil rights movements, gaining clout for all the wrong reasons.

However, it's still unclear why Smollet would stage such an event. Indeed, he couldn't have expected the two men he allegedly paid to go to jail on hate crimes charges — that wasn't part of the deal. And Smollet's career as a rising star on Empire shows he had nothing to gain from lying to officials. To a lot of us, it doesn't add up. After hearing his sentence, Smollet made it clear, "I'm not suicidal," which prompted officials to hold him in a psychiatric ward, which Smollet's lawyers and family protested.

Honestly, how does throwing Smollet in jail keep us safer? If your concern is that he lied, then isn't his loss of credibility substantial enough to keep us safe from believing him again? After all, claiming the sky was falling when it wasn’t had consequences for Chicken Little. And let us not forget about the little boy who cried wolf. Surely lying in itself desensitizes us to the real threat of racism in this country. So, in that respect, Smollet, if guilty, is the little boy who cried wolf.

However, lying while Black seems to be a crime Americans want blood for, and as we say in our community, they are "doing too much." Too bad Americans can't keep that same energy for Donald Trump. According to the Washington Post, Trump lied 30,573 times while President, some to authorities, and all to the American people. The former President helped to stage a failed coup d'etat. And realists know Trump's presidential prestige, and White privilege means he won't spend a day in jail for betraying the American people.

Remember Amy Cooper, the quintessential Karen who lied on a Black birdwatcher in the park, telling police he was dangerous. Well, authorities dismissed charges against her. District Attorney Joan Illuzzi, according to NPR, said, "Given the issues at hand and Ms. Cooper's lack of criminal background, we offered her, consistent with our position on many misdemeanor cases involving a first arrest, an alternative, restorative justice resolution." Cooper's lies could have led to a Black man being hurt by the police. Yet, she did not serve a single day in jail. So ask yourself, America, what is the real reason you want to see Jussie Smollet behind bars? Is it because a jury found him guilty of lying, or is it because Smollet was lying while Black?

At this point, racists are hiding in plain sight, getting off on the unified outrage at Smollet's release, and we shouldn't let the nuance of this story make us turn our back on justice. In America, each of us has the right to appeal our case, and Smollet's freedom shouldn't disturb you as much as the actual perpetrators of hate crimes against Black, Latino, Muslim, and Asian Americans. So why don't those stories go viral? Right now, it seems America is obsessed with seeing Smollet punished, and we have to deal with that desire because it's rooted in racism.

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