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WHEN DOES “NIGGER” NOT MEAN “NIGGER?”

The recent decision by a jury to convict Phillip Martinez of Lafayette, Colorado, for assault for his attack on University of Colorado recent graduate Andrew Sterling was expected but the surprise was that Martinez simultaneously was not convicted of “ethnic intimidation” even though the evidence was that Martinez called Sterling a “nigger” prior to and/or during the assault.

According to some jurors, the argument that the slur “nigger” also could be used as a term of affection made sense. This extraordinarily bizarre and irrational conclusion brought back memories of former CU President Betsy Hoffman’s infamous remark that “cunt” was a term of endearment, particularly well-known to old English scholars.

What was astounding was a jury could in any way interpret Martinez’s use of the word “nigger” as a term of affection for a man he did not know and who he sucker-punched in the process of savagely hitting twice -- breaking the victim’s jaw in the process. If this is anyone’s idea of what affectionate friends do to each other, times definitely have changed. The jury also seemed to have forgotten the two men not only were never friends but had not met previously.

The case does raise the issue of whether or not “ethnic intimidation” even should be on the books. There is a sound argument that prosecuting speech has little place in America. And, after all, if you hit someone and break his or her jaw, the law should impose a severe enough punishment for such anti-social behavior. There appears absolutely no justification for Martinez’s attack. In this case, racism not only comes readily to mind -- it appears to be the only basis for the attack.

But, in the case of a physical assault, it is Martinez’s actions which should be punished -- not his words -- and those actions should be punished severely. Had Martinez simply shouted, “Nigger” as he drove by Sterling, should he have been sent to prison? Should such terms be classified as legally prosecutable “fighting words” meant to provoke a physical confrontation?

The case also raises a separate question “Why in the world would black people want to popularize the racist slur, ‘nigger,’ as a term of endearment?” “You’re my nigger” or variations thereof (e.g., “nigga” and “niggah”) have been popularized as complimentary by some black people in prominent positions (such as in the entertainment industry). The truth is, even if you smile when you do it, calling someone a “nigger” doesn’t change the fact you’re calling him or her a nigger. It’s time we work together to end ethnic slurs as well as the constant use of vulgarity in every day language. It only serves to cheapen all of us, to offend many, and to debase our language.

“Nigger” is a terribly offensive word and everyone -- and black people, in particular -- should work to make it clear that is exactly what it is. The confusion caused by some today was enigmatically used to let Martinez off the hook. If anything, this case should send a message to black people across America that popularizing “nigger” as a compliment not only confuses everyone but allows bad people using it as a slur to excuse their own behavior “(as in “Oh, I didn’t mean it that way...”). In this case, it allowed a brainless jury to do the same. It is time for American black leaders across all of life’s spectra to unite and make it clear to everyone that “nigger” is an offensive word -- no matter who says it or when it is said.

Any reasonable person knows how Martinez meant to use the word but now, thanks to its new second meaning, an irrational jury was able to excuse part of Martinez’s appalling behavior. Let’s have some clarity so everyone knows that when you call someone a “nigger” or a “cunt,” you’re intentionally using hurtful and vulgar words to offend. It is no more complicated than that. By taking such actions now, the excuse available to racists such as Phillip Martinez will be eliminated. And that is a goal everyone -- black, white, red, yellow, and brown -- should embrace.

Aaron Harber hosts "The Aaron Harber Show," seen Fridays at 9:00 pm and Sundays at 2:00 pm on PBS Station KBDI-TV Channel 12. Please go to www.HarberTV.com for more information. Send your comments and topic suggestions for both columns and TV shows to Aaron@HarberTV.com. You also may view programs on a 24/7 basis via the “Broadcast Videos” section of the Website. Many of Aaron's columns also are available on the Website on the page entitled “Aaron’s Opinions.” You often can find them in The Colorado Statesman (www.ColoradoStatesman.com) as well as in The Denver Daily News (www.DenverDailyNews.com).