LINK The Culture War Turned Legal And It’s Hurting Kids | Above the Law
Ignorance isn't always bliss. Sometimes it's discontent
By CHRIS WILLIAMS
There’s been a lot of discussion about Critical Race Theory and what it is — a term that could refer to the work of Kimberlé Crenshaw, principals getting fired, or Ben & Jerry’s ice cream, apparently. And there’s a reason it’s so vague! It’s because the “Anti-CRT” movement is actually just White Nationalist rhetoricians who are using the law to target and recruit your children.
OK, now I know that was a lot, but hear me out.
If you graduated law school before this neutral term got weirdly politicized in the way things are nowadays (see: wearing masks, getting vaccines, being barefoot in public, etc.), you probably half remember talking about Critical Race Theory in some stuffy class you registered for because you hate the way Mr. Stevenson taught §1983 and this was the only other thing that fit in the time slot. Something about how if you look at legal outcomes, they aren’t always reducible to someone’s race or their gender — legal outcomes can be better explained by understanding how a confluence of identity categories can interact with the law. Cool right? Well that’s not what it means anymore, and here’s my proof.
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Conservative activist and Manhattan Institute fellow Christopher Rufo said the quiet part out loud and openly admitted that the plan was to group any and all “cultural insanities” under the CRT umbrella back in March.
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Data shows that anti-CRT rhetoric is being used as a rallying cry to help elect Republican politicians and impact school curricula with fear mongering that mirrors Red Scare tactics from the early-to-mid 1900s. And if you don’t buy that, you don’t find it weird that it just happened to evaporate from public discussion after elections?
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The same anti-CRT people are broadening it out to include discussions of mental health and, oddly enough, suicide prevention in schools. They claim that Social Emotional Learning (SEL), which is supposed to help students get in touch with their emotions and encourage empathy, is actually a social justice recruiting mechanism.
What I will say, and this may make my take seem even more out of left field, is that the anti-CRT folks are also borrowing from another classic intervention into public education: compulsory abstinence. There is no question about the data — students taught comprehensive sex ed tend to have more agency in making sexual decisions, have sex at later ages with reduced risk of unwanted pregnancy, and on average have safer school environments for LGBTQ+ youth. In 2019, suicide was the second leading cause of child death in youth aged 10-14 (behind accidents). The decision to prepare young adults with information that could assist them in living informed lives should be a simple one. But I would bet that if there were Venn diagrams that had anti-CRT folks, anti-SEL folks, and anti-comprehensive sex ed folks on it, there would a great deal of overlap. Why is this?
I think that both of them could stem from a well-meaning assumption of childish innocence. But I assure you, anyone who has been in a Call of Duty waiting room or even glanced at data reports on teenage behavior knows that they are already very well aware of the world around them. The notion that school is a place that corrupts with knowledge should be combated with another one. Students are already fully capable of learning — what teachers do is aid them in assessing what is worth learning about and why. And if it goes unchecked, compulsory whitewashed history and compulsory prevention of mental health discussions won’t prevent students from searching for truth. It will just cede their education to TikTok at a time when it is already challenging enough to differentiate facts from fake news.
The acceptable amount of collateral damage caused by the Culture War will likely be determined in court. Given that many of the battle grounds are public schools, how far are we willing to go to “protect white children from guilt“? What if it means constant First and Fourteenth Amendment violations? What other civil rights advances can we stomach? If they are successful and ban discussion of mental health in school, will we allow children to go to schools where they can get detention for merely talking about potentially having depression or any other ADA-protected disability? We’ve already seen students get suspended for planning to protest what they felt were racial injustices. Would we rather kids die than talk to their teachers about depression? Because they are. Is attending children’s funerals really worth owning the libs? If so, know that we will be sure to cover the scandal if it is discovered that a bunch of lawmakers own stock in kiddie coffin companies.
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6 comments
Feel free to reply to any comment by clicking the "Reply" button.The author is correct in identifying what are essentially science-based studies that have been politicized.
Critical Race Theory is first of all a THEORY, an academic construct, one attempt to explain how society treats race and identity.
Social sciences are so much more nebulous and unwieldy than physical or biological sciences. It's easy to dismiss Creationism as garbage. Sociological theories are stickier. There are some valid academic criticisms of certain aspects of CRT. But to dismiss CRT as totally meritless is ignorant.
Examining the merits and flaws of social science concepts are the business of academic education. Politicians and racists should not be removing from the classroom a particular puzzle piece that they don't like.
nicestuff
Level 7
Nov 20, 2021
3
Yeah, succintly it's a theory and there are no bills proposed or laws passed but the right is working very hard to creat something out of nothing.
If only we had dealt with the issue back after 1865.
Who’s clutching pearls here? So you surmise that an ideology that is based around Marxist tradition not being taught in schools will lead to youth suicide? Really? CRT is actively injected into the curriculum of a lot of schools. Big reason why it shouldn’t be taught is because it is ahistorical. The US was not built on the backs of slaves nor do whites have privilege over other races. Also, it is racist towards white people because it sets out to demonize them. You are aware that people like Asra Nomani, a woman of Indian descent, a Democrat, and a feminist, was one of the most vocal critics of CRT in Virginia? Winsome Sears became the first black woman to win state office in Virginia? Is she a white supremacist too? The AG in Virginia is of Cuban descent. Prove to me that Glenn Youngkin is a white nationalist. I’ll wait. Parents of all colors and ethnic backgrounds reject this garbage ideology. Chris Williams is an ideologue moron.
Heavykevy1985
Level 6
Nov 19, 2021
1
Critical Race Theory is NOT taught in ANY 1st thru 12 school systems and where in the U.S. This is something that students in law school come across. In a nut shell the THEORY attempts to explain why even though we passed the equal rights amendemt, had a voting right rights bill passed. Made it law you can not discriminate in housing, work, financial areas, etc. and made attempts to diversify large employers work force, Black Americans still continued to lag behind whites in personal weath, income come and are disproportionately sentenced and jailed compared to whites.
There are many reasons but law students look primarily at the inherent racism baked into our justice system.
Further as the term implies it is a theory, there is not one bill or law proposed or passed anywhere in the country based on this theory but the right is actively working to create many for something that does not exist.
@silverotter11 no. It is a framework that derives a lot from Marxist traditions, feminism, queer theory, and the like. Yes, it is being taught in schools. Just look at what happened with Gabriel Gipe and the Sacramento school district. As mentioned before, Asra Nomani, a Democrat, was one of the most vocal opponents of CRT. So this being a conspiracy theory from the right is a useless canard. You can explain Jim Crow without injecting a Marxist ideology into it. If it is not real, the how come the Democrats are trying to throw their weight behind it? Black go to jail more because blacks commit more crime. How come Indian-Americans make more money than anyone else, if everything supposedly advantages whites? Nigerian-Americans have a higher per capita income than whites so again, your point is stupid. CRT explains nothing and is ahistorical
@silverotter11
This a South African write-up from 2 days ago :
The fake news sites pushing Republicans’ critical race theory scare | Virginia | The Guardian
[theguardian.com]
@TimeOutForMe yeah, a lefty rag that often shills for the Labour Party and Islamists is such a reputable source
@Heavykevy1985
Call it what you may. The Editor of the Guardian fast-checks facts.
Islamists? Please elaborate what you're on about here. Why mention Islamists? Where are you going with this? What's your point? but while we're at that, Fyi Islam evolved from Christianity. The same way xtianity evolved from Judaism. It all falls under the umbrella of the Abrahamic religion. From praying to the wall, to the ceiling to the floor!
@TimeOutForMe YUP! They can't get along with each other, but they wanna take over our government.
1 holey Bullshit Book and 1000 religions. They sure got their act together....It's all about having a common enemy, besides each other.
@TimeOutForMe when the Manchester bombing happened, they admonished people not to blame Islam and the same rag that wanted Shamina Beghan to return home. Worth mentioning because it is heavily biased. Considering that they have people like Owen Jones writing for them, yeah, stink pile. The same Owen Jones that tried to say that Islam had nothing to do with the London Bridge attacks. Shall I go on?
The Guardian write-up is by Adam Gabbatt from your very own US-The Guardian Office.
I think we should teach Howard Zinn's historical record and then look toward how our society (forget Europe or anywhere else) should proceed to eliminate discriminations of any kind. Not punish for past evils. How do we attempt to create a more free and equal society from the ashes of past evils? Humans everywhere no longer have time for US to figure out who we are and what we want.
rainmanjr
Level 8
Nov 19, 2021
2
@rainmanjr @Heavykevy1985
All schools in South Africa, whether private or govt, are educated on the "Apartheid" system.
It's part of our history. MOST white racist adults say they didn't know it all. That's a cop-out right there! They knew their "white skin" came with privileges!
We don't want a case where their children too say "we didn't know"! ...best they are educated about it. They need to understand "why" some people are still angry! Why hide such a deep dark history which prejudiced the majority inhumanely ? It's not an attack on white people, it's not put out there to demonise them or punish them. It's AN EDUCATION! ...when you study law in SA, "Apartheid" case studies are part of the curriculum. The new generation of children can set the pace forward to live in harmony without the baggage carried through from their racist parents who are still stuck on Ox-Wagon Mentality! We don't want another US here. We want to move on It seems to be working. We see young white and black school kids hanging out, we see mixed couples all over. We speak about it openly and constructively! It's not reminding white people of the horrors that took place, instead it's helping our country move forward. Embrace THE TRUTH and move on. We have many Americans living and working in Johannesburg. There's a fellow Atheist from South Carolina (white may I add) been living here for the past 8 years, renews her residence every two years. She's told me about the horrors inflicted on black people, and especially in the State SC where she's from. She believes US will only move forward if the school kids are educated on the horrors of the past. It's part of your country's history (like Apartheid was part of mine) How can anyone see that as a negative. It's a huge positive. It's healing for the entire country and especially for future young Americans. I agree with her.
@TimeOutForMe Howard Zinn covers slavery and race relations very openly and honestly. I was one who stood aghast at Paul Simon for breaking the ban on S. Africa to make Graceland, a spectacular record that highlighted S. Africa’s contributions to music, but he was right to do so (just as Little Steven’s movement was also right).. Simply banning shit doesn’t work but it’s the only way a mass statement can be made (that humans know of). I think environment is going to take care of all this for us but, in general, humans are a hopeless species. That’s the long and short.
@TimeOutForMe Sadly Reconstruction was sidelined when President Lincoln was killed in April of 1865. Lincoln's VP was friends with or at least associates of the men who seceeded and started the Civil War so he takes office and permitted them all back into governnment with no repercussions for their sedition. Then the wives and daughters of the south set about rewriting history - that it was never about slavery and really their "negros" were well treated and liked plantation life. I shit you not. The problem here in the U.S. we never actually dealt with our system of racism.
@silverotter11
I believe you. I've watched plenty documentaries how black slaves were treated in the South. My chest hardened all the time. It goes through like a knife like it's actually happening to me. I visited the Civil Rights Building in Atlanta in 2016. I spent some time in there. I read about most of the horrors, the ones you flip through. I took pics of some. It saddened me all over again. You cannot not be emotional when you leave there. I mean I was overly emotional.
Here's a nice clip from Trevor Noah.
@silverotter11
It's important for systemic racism to be taught in schools.
The slaves weren't treated well. They were "owned" and kept in captivity under inhumane conditions.
We have a similar history - only that here, the minority inflicted the pain on the majority.
@TimeOutForMe Same and anything about the Holocaust also affects me the same. Trevor Noah of course lived it and I have seen most of his interviews.
@silverotter11
If the Germans can educate their learners about the horrors of the Holocaust, why not USA? If South African teachers and learners can openly discuss the horrors of Apartheid in the classrooms, why not USA? Don't hide the Truth. Expose the Truth (and the lies) for what it is.
@silverotter11 ya I know about those convenient re-writes of history - to suit the writers only. That's what! History is being re-written here. The truth cannot be hidden under the carpet forever. The truth has a way of surfacing. It prevails!
@TimeOutForMe WE THE PEOPLE - as the preamble says must continue to speak out and demand our elected officials speak the truth.
@TimeOutForMe I don't put faith in some kind of truth. Yin/Yang is the only truth of any moment or event, including all of humanity, so there's only balance. Perfect balance doesn't exist, either, as the locked symbols are always in motion, retreating until disappearing into the opposite tadpole. But when the imbalance becomes too dominate then that side begins to be opposed. Tao, or calm, is the only truth.
AHHHHHHHHHHHHHHHHHHHHHHHH!
Having a far right family member who is also religious and has a broken bullshit-o-meter I understand this discussion.
Even when I have attempted to provide the facts she refuses to fact check and i finally have to forbide her messaging or e-mailing any more political, COVID-19 or vaccine stuff.
Since I follow Heather Cox Richardson I know exactly what CRT is and I can explain it. The right wingers I know will listen but go right back to fox, oann or newsmax for their explanation of CRT.
Don't even get me started on sex education.
silverotter11
Level 9
Nov 19, 2021
3
SYSTEMIC RACISM (I've posted this before)
This is what conservative opponents of critical race theory don't want you to know - Raw Story - Celebrating 17 Years of Independent Journalism
[rawstory.com]
@TimeOutForMe thank you for that post. Fleshes out the back story with specifics!
@silverotter11 I was happy to share it
More bullshit pandering and fearmongering from republican conservatives.
I have yet to hear a single person who is against CRT to actually have ANY understanding of what it is.
Not to mention that it's only being taught at the college level.
Once again, the reich-wing is using children and people's ignorance to advance their evil racist agenda.
KKGator
Level 9
Nov 19, 2021
6
What is critical race theory? The last I checked people were not really sure. My take on it was that white people and white supremacists would really enjoy it. As for "owning the libs" my take on this is someone cutting off their nose to spite their face. If there is not a clear definition of what CRT is we certainly do not want to teach it in schools. Someone should show valid info on exactly what it is and why it should be taught. We gain nothing by making our children feel inferior.
DenoPenno
Level 9
Nov 19, 2021
1
For most of us CRT is history, the REAL history. For Republicans it is dangerous to teach children the true history of their country, it needs to be whitewashed, they were settlers not colonizers.
@DenoPenno.
See above. I've posted the "raw story" article
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