The latter quotation was in respect to actions taken by the same individual (or organization); that is, such history is individualized. The former quotation referred to actions taken by other members of a race; in other words, the history is racial. It is reasonable to use an individual’s history to conclude he is acting in bad faith. It is unreasonable to use the history of a person’s race to conclude he is acting in bad faith. To do so would be to discriminate against them on the basis of race.
So on the one hand, if the race of White people have a history of racially-motivated violence against Black people, it would be unjust to take that into account when determining if a White individual’s violence against a Black individual was racially motivated.
On the other hand, if a juror believes Black people have a history of dealing drugs, it would be unjust to take that into account when determining whether a Black individual is a drug dealer or merely a consumer.
The captions above and below the image are part of the context. I’m not going to budge on that. The article describes the words as part of the graphic itself - I’m imagining it’s your standard meme caption, like this:
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It follows from the premise that all piccaninny caricatures are racist or derogatory, which is another way of saying racism is an essential, an inherent element of picanninny caricatures.
~Max