In 2017, the FBI reported that white supremacists posed a “persistent threat of lethal violence” that has produced more fatalities than any other category of domestic terrorists since 2000. Alarmingly, internal FBI policy documents have also warned agents assigned to domestic terrorism cases that the white supremacist and anti-government militia groups they investigate often have “active links” to law enforcement officials. footnote4_xa6zreo4

The harms that armed law enforcement officers affiliated with violent white supremacist and anti-government militia groups can inflict on American society could hardly be overstated. Yet despite the FBI’s acknowledgement of the links between law enforcement and these suspected terrorist groups, the Justice Department has no national strategy designed to identify white supremacist police officers or to protect the safety and civil rights of the communities they patrol.

Obviously, only a tiny percentage of law enforcement officials are likely to be active members of white supremacist groups. But one doesn’t need access to secretive intelligence gathered in FBI terrorism investigations to find evidence of overt and explicit racism within law enforcement. Since 2000, law enforcement officials with alleged connections to white supremacist groups or far-right militant activities have been exposed in Alabama, California, Connecticut, Florida, Illinois, Louisiana, Michigan, Nebraska, Oklahoma, Oregon, Texas, Virginia, Washington, West Virginia, and elsewhere. footnote5_er47cda5 Research organizations have uncovered hundreds of federal, state, and local law enforcement officials participating in racist, nativist, and sexist social media activity, which demonstrates that overt bias is far too common. footnote6_4tsdops6 These officers’ racist activities are often known within their departments, but only result in disciplinary action or termination if they trigger public scandals.

Few law enforcement agencies have policies that specifically prohibit affiliating with white supremacist groups. Instead, these officers typically face discipline, if at all, for more generally defined prohibitions against conduct detrimental to the department or for violations of anti-discrimination regulations or social media policies. Firings often lead to prolonged litigation, with dismissed officers claiming violations of their First Amendment speech and association rights. Most courts have upheld dismissals of police officers who have affiliated with racist or militant groups, following Supreme Court decisions limiting free speech rights for public employees to matters of public concern. footnote7_z5t6t1f7 Courts have given law enforcement agencies even greater latitude to restrict speech and association, citing their “heightened need for order, loyalty, morale and harmony.” footnote8_hcf4nxj8

Some officers who have associated with militant groups or engaged in racist behavior have not been fired, however, or have had their dismissals overturned by courts or in arbitration. Such due process is required to ensure integrity and equity in the disciplinary process and protect falsely accused police officers from unjust punishments. Certainly, there will be cases where an officer’s behavior can be corrected with remedial measures short of termination. But leaving officers tainted by racist behavior in a job with immense discretion to take a person’s life and liberty requires a detailed supervision plan to mitigate the potential threats they pose to the communities they police, implemented with sufficient transparency to restore public trust.

Read the full article about racism and militancy in law enforcement by Michael German at Brennan Center for Justice.