Journalistic Blind Spots
It is one of the least understood paradoxes of contemporary times: As our nation is experiencing the most dramatic demographic transformation in history, Americans are becoming less familiar with members of their diverse communities.  Part of the explanation for this trend, sociologists tell us, is that our nation’s schools, churches, residential communities and social groups are becoming more racially segregated.  This may not come as a surprise since people generally spend more time with others that share something in common, including  race or ethnicity, economic standing, religious or political beliefs, or  general lifestyles.   What is perhaps less understood, however, is the extent to which our nation’s journalists and media contribute to this increasing segregation of our communities. For various reasons, I believe that the role of media segregation deserves our collective attention.
Journalistic blind spots are common practices by media professionals that portray communities of color through a distorted lens – as unfavorable, less visible or perhaps insignificant – practices that reinforce stereotypes and continued segregation amidst continued growth and diversity. Following are a few observations from my past years in evaluating mass media that illustrate my concerns. While these observations are based primarily on media trends in Texas and the Dallas/Fort Worth metropolitan area, it is likely that geographic areas throughout the U.S. have had similar experiences. 
·       Anointing of Ethnic Leaders: Have you ever wondered why journalists often use the terms “Black leader” or “Latino leader” in news stories, but are careful to avoid the use of the term “white leader”?  Whether deserved or not, the practice tends to elevate the importance of the opinions expressed by these “leaders,” which may or may not represent their communities. Journalists are hard-pressed to explain this practice.
·       Biased Political Coverage:  News sources are not always objective in their coverage of political candidates. In a recent mayoral election, for example, a Latino candidate’s electability was an ongoing topic of local news stories, describing the candidate as having “no chance of winning” against the incumbent white candidate. The curious placement of a story about the Latino candidate next to the obituary section of the newspaper reinforced the news bias even further.  And in yet another political story discussing Latino support for Donald Trump in Texas, the reporter chose to discuss the only poll that showed the highest support for candidate Trump, while acknowledging the substandard quality of this poll’s methodology and overlooking more credible polls that placed Latino support for Trump at a much lower level. Whether intentional or not, these practices inject unnecessary bias in news stories that describe the Latino political campaigns and voter sentiments.
·       The Usual Suspects: The sentiments of people of color, especially local ones, are often invisible in news stories or op-ed sections. It is not for a lack of opinions or an absence of experts since there are many people of color that are able to articulate their points of view on a variety of topics. Instead, journalists often take the path of least resistance and utilize the “usual suspects” – that is, the same academics, business or civic members – which discourages a diversity of ideas. To further influence public sentiment on a controversial issue, the editorial staff of news organizations will offer their own point of view. For example, recent local news coverage about the possible loss of ABA accreditation for the UNT Dallas School of Law has been largely negative, while ignoring local community sentiments that are supportive of the law school. Communities of color, in particular, are in dire need of a more affordable legal education and more Black and Latino attorneys to serve their needs. The law school needs more, not less, advocacy on this issue.  The practice of selecting the “usual suspects” may be convenient but does not contribute to a diversity of ideas – something that can be remedied by expanding the pool of the usual suspects.
·       Predictable News Coverage: Past studies of mass media content coverage show that the majority of news coverage about Latinos has been concentrated in just four areas:  crime, immigration, poverty, and under-achievement. Similarly, news coverage of African Americans is often saturated with stories about racial profiling and police relations, criminal investigations of high profile politicians and celebrities, and school-related problems. With this constant diet of negative news stories about Blacks and Latinos, is it any wonder that residential communities are becoming more racially segregated?  These negative portrayals have impacted the decisions by supermarket chains and other businesses to serve these communities, which are perceived as having little economic potential – leading the Dallas City Council to offer a $1 million incentive to encourage business development in these communities. Such negative news stories, however, often tell an incomplete story about communities of color.
·       The Curious Absence of Commerce: It is a rare day indeed that journalists will cover a topic that relates to the business or economic vitality of communities of color – almost as if it does not exit.  This should not be so difficult in a metro area where minority-owned businesses contribute significantly to the area’s economy. In the most recent Survey of Business Owners, the Census Bureau tells us that in the Dallas/Ft. Worth metro area, there were 80,994 Black, 117,592 Hispanic and 52,456 Asian business owners with 2012 sales of $37 billion. In addition, the aggregate household income (or crude measure of buying power) for Black, Latino and Asian consumers totals to $63.3 billion – or 31 percent of the metro’s total buying power of $204 billion. Despite the large presence of minority-owned businesses and surveys that document the consumer behavior and buying power of multicultural consumers, business journalists seem to find it more rewarding to cover ethnic celebrations, food, and occasional problems at ethnic chambers of commerce. Clearly, there is significant room for improvement in the business section of news media.
·       Segregated media: The failure of mainstream media to address the information needs of diverse communities has fueled the growth of ethnic media, which often provides more relevant content to its audiences. However, this trend has further segregated our communities as mainstream journalists and media become increasingly comfortable with the notion that ethnic media are best suited to handle news about ethnic communities. Segregated media, unfortunately, further decreases the likelihood that community residents will become familiar with the lifestyles and achievements of other members of their communities, especially in areas like economics, civic and political participation, educational attainment, technology, scientific innovations, and religion.

Of course, the media industry is only one of many factors that contribute to the increasing segregation of our communities. Nonetheless, journalists and media executives need to be held accountable for the role that their media products play in creating and reinforcing the negative stereotypes and unbalanced portrayals of communities of color.  Hiring more Black and Latino journalists, while important, is not sufficient as long as the final word on news content remains in the hands of media executives who are indifferent to these blind spots.  We will know when we have achieved some measure of success when mainstream media, in particular, begins to include more balanced news content about communities of color, expands the diversity of views by local opinion writers or experts, and utilizes more credible opinion polls of our communities. By eliminating these blind spots, media executives will likely expand the diversity of ideas in news reports, include more balanced portrayals of communities of color, and perhaps become more relevant to their diverse news audiences.
UNT Dallas School of Law: A Work in Progress

It was disturbing to learn that the UNT Dallas School of Law is in danger of not receiving accreditation from the American Bar Association. This is not just bad news for the school, but also for the many students who have studied there expecting to finish their legal education from an accredited law school. The ABA committee cited several reasons for their decision

  • Too many students are being admitted that are struggling in school and being placed in academic probation, being dismissed or simply dropping out
  • No study has been conducted to assess the validity of the holistic admissions process used by the school, which considers a range of factors like LSAT scores, undergraduate GPA and courses taken, work experience, and various other life experiences.
  • Financial projections based on the potential demand for educating part-time students were not supported by any marketing study to assess demand for part-time education. 

The picture that emerges is that UNT was taking risks in their admissions decisions and not conducting the needed research to evaluate the effectiveness of their holistic admissions model.  On the positive side, the ABA committee was impressed with the school’s quality of teaching, student engagement, its library and technology resources, and the substantial opportunities for students to participate in pro-bono legal services.
There are many other reasons, however, to suggest that the law school is worthy of more praise and recognition for its bold initiative to provide an affordable legal education for under-represented groups. First and foremost, we should not overlook the fact that UNT Dallas College of Law is the only public law school in North Texas, and its tuition of $15,133 is the lowest of any law school in Texas.  In today’s job market, many law school graduates are finding it difficult to obtain a job that allows them to pay the student loans that they acquired to finance their legal education. An affordable legal education makes a lot of sense these days, and the UNT Dallas College of Law is among the few law schools that appear committed to addressing this barrier to a legal education for under-represented groups.
Secondly, Texas requires that only graduates of accredited law schools can take the bar exam.  On the face of it, this makes sense although various states do not have this requirement and give this responsibility to the state’s bar association — including California, Georgia, Alabama, Connecticut, Massachusetts, West Virginia and Tennessee.  Passing the bar exam from a non-ABA accredited law school may not be the ideal career decision, but may be a viable choice for the many students that are locked out of ABA-accredited law schools due to sky-rocketing tuition fees and rigid entrance requirements. It would seem that passing the bar exam should be the ultimate rite of passage for entering the legal profession, but it is not. UNT Dallas College of Law aspires to become an ABA-accredited law school so that its graduates will be able to take the bar exam; however, this may not happen under current Texas law.   The school has apparently sacrificed its ability to become ABA accredited by deliberately accepting students with lower LSAT scores and undergraduate GPAs, and providing them a chance to become an attorney. Should the school be punished for this or rewarded?
As part of the group of psychologists that specialize in the design and evaluation of educational measurement tests, I have often written about the shortcomings of college admissions tests like the SAT or LSAT, as well as state competency tests, in determining the educational choices for racial-ethnic groups.  Such tests are but one measure of an individual’s likely academic performance, but often fall short in their ability to predict the academic performance of African Americans, Latinos and women.  More importantly, the LSAT tells us little about an individual’s success as a lawyer.

Thirdly, there is little justification in my opinion for maintaining a legal education system where the majority of its graduates are white.  Using data from the most recent demographic report by the American Bar Association, the chart on the left shows that 84 percent of attorneys in Dallas County are white, although they represent just 27 percent of the County’s population.  By contrast, 43 percent of Dallas County’s population is Latino, while only 4.9 percent of all attorneys are Latino. Similarly, African Americans represent 22.3 percent of the Dallas County population, while they represent just 5.3 percent of Dallas County attorneys



In more practical terms, these disparities mean that:
  • There is one white attorney for every 52 whites in Dallas County
  • There is one African American attorney for every 634 African Americans in Dallas County
  • There is one Latino attorney for every 1,441  Latino residents in Dallas County, and
  • There is one other race-ethnic attorney for every 235 other race-ethnic residents in Dallas County.

Of course, we should not assume that white attorneys only serve whites, that African American attorneys only serve African Americans, or that Latino attorneys only serve Latinos – but that is often the case in the legal profession. What is truly surprising is that too many law schools have become complacent with these disparities and appear unwilling to change their models of legal education to improve access to under-represented groups like African Americans and Latinos.

Thus, to the extent that the race-ethnicity of Dallas County attorneys matters in the delivery of legal services, it seems clear that non-white residents of Dallas County are significantly under-served. But does the race-ethnicity of attorneys really matter? Yes it does. In one recent study of Latino legal needs in Dallas County, we learned that two-thirds of Latinos desired an attorney that spoke Spanish or had staff that communicated in Spanish. This finding is not particularly new as it is commonly known that trust, empathy and rapport are essential skills in medicine, psychology and other professions where communicative skills are important.
An additional reality is that the majority of attorneys in Dallas County that serve Latino legal needs have traditionally focused their practice on issues related to immigration, personal injury, DWI or criminal cases.  Few attorneys target Latinos with legal services designed to protect their assets, such as wills and estate planning, bankruptcies or home foreclosures, intellectual property, and business contracts.   In the long run, this imbalance in the availability of legal services and attorneys makes communities of color more vulnerable to the many adverse actions that impact their quality of life.  
I genuinely believe that the UNT Dallas College of Law is an admirable and innovative concept with the potential to radically change the composition of the legal profession. The ABA committee should allow the school’s third-year students to take the bar exam as a final validation that they were able to master this important rite of passage into the legal profession – despite their academic and personal struggles.  Anyone that has been through an advanced education knows that it is alwaysa struggle to balance your personal life with the academic challenges in pursuing a professional education
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In addressing the issue of failure, Zig Zigler cautioned us to “remember that failure is an event, not a person.”  Struggling, failing and perseverance have been the formula for success of many of today’s leaders. Ironically, the review by the ABA committee focused on the struggles that the UNT Dallas College of Law is experiencing in fulfilling its mission, and in the same action is eliminating the only potential evidence that the school’s model is working by not allowing the school’s first cohort of graduates to take the bar exam.  Perhaps Michael Jordan best described the often forgotten link between failure and success:

“I’ve missed more than 9,000 shots in my career.  I’ve lost almost 300 games.  Twenty-six times I’ve been trusted to take the game winning shot and missed.  I’ve failed over and over and over again in my life.  And that is why I succeed.”

We should not fear the possibility that many of these students may actually pass the bar exam.  In the movie Stand and Deliver, Jaime Escalante proved to the College Board and many other skeptics that low-income Latino high school students have the capacity to excel in calculus given the right teaching approach and motivation.  Perhaps our nation’s law schools should take their cue from Mr. Escalante and Michael Jordan, and dare to innovate.