About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (December 13, 2021)

handle is hein.amenin/aeiaees0001 and id is 1 raw text is: Key Points
 In the first half of 2021 26 states introduced-and 12 passed-bills colloquially labeled
critical race theory (PT) ban .
 While many attacks against these bills were disingenuous or spurious, some of these
balls were crafted more prudently than others.
nl- e bills introduced to dat can be grouped Ut three categories: poh bitions against
cornpulsion, against inclsion, and  ga nst promotioi.
- te prohibition against promo ng CRT Tist introduced in the North Carolina legisla-
ture, adclresses parent concerns about indcctrincaion without resorting to the blunt
tool of sta tutory ce  nsorship and should be  ni'' ered 'y all states that nave yet to oass
a CRi ban.

In the first half of 2021. 26 states introduced and 12
passed laws or regulations that have been colloqui-
ally labeled critical race theory (CRT) bans.1 Few
of these bills directly address CRt? Instead, they
take aim at pedagogical techniques and teachings
that are obviously and overtly racist (e.g., one race
or sex is inherently superior to another race or
sex, and moral character is necessarily deter-
mined by his or her race or sex).3
Although most Americans would agree that
schols should not promulgate obviously racist doc-
trines, these proposals have become h-ghly polariz-
ing. Some of the polarization can be attributed to
journalistic coverage that at times appears willfully
dishonest, For example, a. Nis' York Times article
titled Disputing Racism's Reach, Republicans Rat-
tie Schools explained: In Ohio, ep ublicans in
the General Assembly introduced a bill last week
to ban teaching that any individual is 'inherently

racist. Times readers would have every right to
be worried that such a prohibition would cripple his-
tory instruction; preventing teachers from applying
the word racist to Jc'hn C. Calhoun and his the-
ory it slvery as a positive good would be egre-
gious educational nalpractice.
But the clause actually stipulates that schools
shall not teach that 'an individuial, by virtue of the
individual's race or sex, is inherently racist, sexist,
or oppre Ssve, whether consci ously or uncon-
sciously.> A meri c's newspaper of record funda-
mentally changed the meaning of a law from some-
thing that most Americans would support (i.e.
schools shouldn't teach that race determines char-
acter) to something most would oppose (i.e., teach-
ers should not proffer obvious moral judgment.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most