Graff's post was difficult for me because I think we come from the same perspective and have the same goals: a more fair society where we all have an opportunity to participate and succeed.

My problem with her piece and the accompanying Kreiger Stanford Law Review article on subconscious bias and a new paradigm for Title VII cases, is that, I think, in the final analysis, Kreiger and Graff advocate punishing thoughts.

Graff's post appears to argue that the damage from the New Yorker cartoon is that it reinforces negative stereotypes about African-Americans and that this reinforcement tends to hang around like a song stuck in one's head.

Along the same lines, Kreiger (I confess I didn't read the whole article) appears to argue that Title VII is not as effective a tool today because it does not speak to the unconscious bias and unspoken prejudice that negatively affects opportunity for many groups today (as opposed to the outright, overt bigotry of the past).

This, I think, goes too far.

Oftentimes our thoughts are beyond our control. If I think of a naked 13 year old, is that the same thing as seeking out child pornography? Of course not! (not that I'm going around thinking about naked 13 year olds - but you get my point).

Our minds are truly the last private places on earth; particualry today in our wiretapping, war on terror, war on drugs, my space, you tube, helicopter parents, constant surveillance, always "on" society.

Moving to punish others for their inner most fears or castigating others for potentially stoking these inner most fears is an invasion of privacy of the highest order.

I understand where Graff and Kreiger are coming from because I've been in that position before. You don't have to leave a noose on someone's desk to let them know you don't want them around. But, I'm not willing to prosecute someone for not holding the door for me when I have an armful of groceries or crossing the street when they see me coming. This, again, goes too far.

It is enough that we have laws barring explicit employment discrimination. It is enough that we have laws barring slander and libel. It is abundantly clear in this society that bigotry is frowned upon.

But as with all undesirable behavior, it is impossible to eradicate bigotry. Vigorously employ the laws and rules that exist, they are sufficient. Make your opinion known when someone makes a remark or posts a cartoon that you find offensive, but I think that should be about it.