Today there are more African-Americans under correctional control, in prison or jail, on probation or parole, than were enslaved in 1850, a decade before the Civil War began. There are millions of African-Americans now cycling in and out of prisons and jails or under correctional control or saddled with criminal records. In major American cities today, more than half of working-age African-American men either are under correctional control or are branded felons, and are thus subject to legalized discrimination for the rest of their lives.

The so-called resistance is very broad and we don't agree on everything, but there's a moment of opportunity when people are paying attention. It's time for us to really get serious about political education and about our own moral education in this moment, and to seize this opportunity to organize and be in deep dialogue with a whole lot of people who never even thought about being politically engaged or active before. There's real hope there and real opportunity.

I was inspired by what students have done in some schools organizing walkouts protesting the lack of funding and that sort of thing. There are opportunities for students to engage in those types of protests - taking to the streets - but there is also writing poetry, writing music, beginning to express themselves, holding forums, educating each other, the whole range.

Voting rights expert and legal scholar Pam Karlan reports that as of 2004, there were more black men disenfranchised than in 1870, the year the Fifteenth Amendment was ratified prohibiting laws that deny the right to vote on the basis of race.

Of course in this age of colorblindness, a time when we have supposedly moved "beyond race," we as a nation would feel very uncomfortable if only black people were sent to jail for drug offenses. We seem comfortable with 90 percent of the people arrested and convicted of drug offenses in some states being African American, but if the figure was 100 percent, the veil of colorblindness would be lost.

For the rest of their lives, [black men] can be denied the right to vote, automatically excluded from juries, and legally discriminated against in employment, housing, access to education and public benefits. So many of the old forms of discrimination that we supposedly left behind during the Jim Crow era are suddenly legal again once you've been branded a felon.

What has changed since the collapse of Jim Crow has less to do with the basic structure of our society than with the language we use to justify it. In the era of colorblindness, it is no longer socially permissible to use race, explicitly, as a justification for discrimination, exclusion, and social contempt. So we don't. Rather than rely on race, we use our criminal justice system to label people of color "criminals" and then engage in all the practices we supposedly left behind.