What is “Critical Race Theory”?

Andrew Sullivan keeps noticing the sterilized version of CRT that the woke-permeated legacy media is promoting.  They often refer to CRT as “teaching history. They can’t see it accurately because they don’t want to see how CRT plays out in classrooms. Sullivan’s article is titled “Don’t Ban CRT. Expose It: There’s a liberal way to fight illiberalism. And it’s beginning to work.” Here is an excerpt:

The stories in the mainstream media this past week about the broadening campaign to ban critical race theory in public schools have been fascinating — and particularly in how they describe what CRT is. Here’s the Atlantic’s benign summary of CRT: “recent reexaminations of the role that slavery and segregation have played in American history and the attempts to redress those historical offenses.” NBC News calls it the “academic study of racism’s pervasive impact.” NPR calls CRT: “teaching about the effects of racism.” The New York Times calls it, with a straight face, “classroom discussion of race, racism” and goes on to describe it as a “framework used to look at how racism is woven into seemingly neutral laws and institutions.”

How on earth could merely teaching students about the history of racism and its pervasiveness in the United States provoke such a fuss? No wonder Charles Blow is mystified. But don’t worry. The MSM have a ready explanation: the GOP needs an inflammatory issue to rile their racist base, and so this entire foofaraw is really just an astro-turfed, ginned-up partisan gambit about nothing. The MSM get particular pleasure in ridiculing parents who use the term “critical race theory” as shorthand for things that just, well, make them uncomfortable — when the parents obviously have no idea what CRT really is.

I highly recommend a full read of Sullivan’s article. He offers many useful links along the way.

[Added 6/23/2021 – 9 pm CT]

What is CRT? Daily Wire offers this description, which comports with my understanding:

Critical race theory, of course, is not America’s actual history. It is a perverse worldview, unsupportable by the evidence, in which all of America’s key institutions are inextricably rooted in white supremacy; it is an activist campaign demanding the destruction of those institutions. The founders of CRT have written as much. According to CRT founders Richard Delgado and Jean Stefancic, CRT is founded on two key premises: that “racism is ordinary, not aberrational — ‘normal science,’ the usual way society does business, the common, everyday experience of most people of color in this country”; second, that “our system of white-over-color ascendancy serves important purposes, both psychic and material.” This means, according to Delgado and Stefancic, that “racism is difficult to cure or address” and that a formal commitment to legal equality on the basis of color-blindness is merely a guise for further discrimination. Furthermore, CRT founders say that whites are unable to understand racism, and that “minority status … brings with it a presumed competence to speak about race and racism.”

CRT therefore holds that racism is embedded deeply in American life, unconsciously into white American psyches, and that it is impossible for white Americans to understand their own racism or that of the system, let alone to remove it. The only solution: tearing away the only systems that have ever provided widespread liberty and prosperity. As fellow CRT founder Derrick Bell wrote, “The whole liberal worldview of private rights and public sovereignty mediated by the rule of law needed to be exploded.”

Are many schools pummeling their students with Critical Race Theory? They are, which is causing many schools to come under increasing scrutiny. As of late, many woke institutions have started claiming that schools are merely teaching “race history,” and that those who are appalled by what is going on in many American schools don’t understand what Critical Race Theory is. To that, I offer the following: A) I invite readers to check out the leaked teaching materials and first-hand accounts from many schools; and B) Consider that if it walks like a duck and quacks like a duck, it is a duck.  I strongly oppose CRT for many reasons, especially these three:

Question: Is Critical Race Theory racist?

Answer: Yes.

Critical Race Theory begins by asserting the importance of social significance of racial categories, rejecting colorblindness, equality, and neutrality, and advocating for discrimination meant to “level the playing field.” These things lead it to reproduce and enact racism in practice. It also explicitly says that all white people are either racist or complicit in the system of racism (so, racist) by virtue of benefiting from privileges that they cannot renounce.

. . .

Question: Does Critical Race Theory advance the vision and activism of the Civil Rights Movement?

Answer: No.

Critical Race Theory refers to that vision as “traditional approaches to civil rights” and calls it into question. The Civil Rights Movement called for living up to the foundational promises of the United States (and other free nations) and incrementally changing the system so that those original ideals were met. Critical Race Theory rejects incrementalism in favor of revolution. It rejects the existing system and demands replacing it with its own. It rejects the liberal order and all that goes with it as being part of the system which must be dismantled and replaced. It is therefore fundamentally different than the Civil Rights Movement (and is explicitly anti-liberal and anti-equality).

. . .

Question: Does Critical Race Theory say that all white people are racist?

Answer: Yes.

More specifically, Critical Race Theory says that all white people are either racist or that they are complicit in a “system of racism” (so, racist) that they wittingly or unwittingly uphold to their own benefit unless they are “actively antiracist” (and usually even then). Those benefits of “whiteness” are labeled “white privilege” in general and are said to be outside of the scope of things that white people can intentionally renounce. The most they can do is “strive to be less white” and to become aware of and condemn “whiteness” as a system.

With regard to Reason #2, “The Woke Temple” coarsely (but accurately) describes it:

not civil rights graphic 2

John McWhorter has also noted these evasive tactics by those who have been supporting “antiracist” programs in U.S. K-12 and colleges:

According to the “antiracist” apologists,] whenever a body of lawmakers (or anyone else) is against their kids being taught not how, but what, to think, and call this “Critical Race Theory” just as many of its teachers do, that body of lawmakers is a nest of racists.

Let’s break this down.

Elects commonly insist that critics of CRT would feel differently if they read actual foundational articles about it. But the issue is what is being done in CRT’s name, not what some articles contained decades ago.

The early writings by people like Regina Austin, Richard Delgado, Kimberlé Crenshaw are simply hard-leftist legal analysis, proposing a revised conception of justice that takes oppression into account, including a collective sense of subordinate group identity. These are hardly calls to turn schools into Maoist re-education camps fostering star chambers and struggle sessions.

However, this, indeed, is what is happening to educational institutions across the country. Moreover, it is no tort to call it “CRT” in shorthand when:

1) these developments are descended from its teachings and

2) their architects openly bill themselves as following the tenets of CRT.

In language, terms evolve, and quickly — witness, of late, how this has happened with cancel culture and even woke. To insist that “CRT” must properly refer only to the contents of obscure law review articles from decades ago is a debate team stunt, not serious engagement with a dynamic and distressing reality.

A useful document for parents in the new resistance just released by the Manhattan Institute may be useful for those who still bristle at the use of CRT to refer to … well, what it now means. One could be more precise:

“What we are interested in here might be termed “critical pedagogy.” “Critical pedagogy” names — without exhaustively defining — the host of concepts, terms, practices, and theories that have lately taken hold in many public and private schools. This term alludes to a connection to CRT — it might be thought of as critical race theory as applied to schooling — but also to “critical studies” and “critical theory,” a broader set of contemporary philosophical ideas that have been particularly influential in certain circles of the modern Left.”

Again, it’s not what the woke institutions are calling the things that they are preaching.  What matters is what they are preaching, often to young children without the knowledge and consent of their parents. It is clear that schools from coast to coast vigorously preaching to students (often doing far more than teaching) in accordance with CRT principles.

The following list from New Discourses succinctly describes the principles being taught in many classrooms today. Again, those who defend these teachings no longer want to use the phrase “critical race theory” as a catchall for these principles, many because that phrase is becoming increasingly toxic as increasing numbers of parents learn what is being taught to their children.

Critical Race Theory…

    • believes racism is present in every aspect of life, every relationship, and everyinteraction and therefore has its advocates look for it everywhere
    • relies upon “interest convergence” (white people only give black people opportunities and freedoms when it is also in their own interests) and therefore doesn’t trust any attempt to make racism better
    • is against free societies and wants to dismantle them and replace them with something its advocates control
    • only treats race issues as “socially constructed groups,” so there are no individualsin Critical Race Theory
    • believes science, reason, and evidence are a “white” way of knowing and that storytelling and lived experience are a “black” alternative, which hurts everyone, especially black people
    • rejects all potential alternatives, like colorblindness, as forms of racism, making itself the only allowable game in town (which is totalitarian)
    • acts like anyone who disagrees with it must do so for racist and white supremacist reasons, even if those people are black (which is also totalitarian)
    • cannot be satisfied, so it becomes a kind of activist black hole that threatens to destroy everything it is introduced into

Here is another graphic, 8 unproven assumptions of CRT, apparently from the New Discourses Website.

Screen Shot 2021 06 23 at 9.04.17 PM

I will pause this conversation at this point. I felt it important to correct an increasingly misleading record being promulgated by many captured media outlets.

[Added June 24]

The Woke Temple offers this Summary of the general teachings of CRT and what is being taught in the names of “racial sensitivity,” Robin DiAngelo and Ibram X. Kendi.

CRT 1

[Added July 3, 2021]

Is it proper to call the modern “anti-racist” curriculum “Critical Race Theory?”

The largest teacher union thinks so. So do many popular books on CRT.
CRT 1 1

CRT 2

About that nomenclature . . .

Nomenclature

[Added July 9, 2021]

From an excellent legal analysis by Greg Lukianoff of FIRE:

What these bills are trying to address doesn’t map directly to the academic definition of critical race theory, which is, in short, an academic school of thought pioneered by Derrick Bell, Kimberlé Crenshaw, Mari Matsuda, and Richard Delgado (among others) that holds that social problems, structures, and art should be examined for their racial elements and impact on race, even when they are race-neutral on their face.

As a result, a lot of arguments dismiss the bills by claiming “they don’t teach critical race theory in K-12!”, pointing to the fact that Bell’s work is on few, if any, K-12 syllabi. But that is a refutation of a point no one is actually making.

Like it or not, the acronym “CRT” as commonly used in 2021 doesn’t refer to the foundational texts and authors in the academic movement. It’s a shorthand for certain ideas that have filtered (in reductive forms or not) from CRT thinkers into the mainstream, including in bestselling books like “White Fragility” and “How to Be an Antiracist” — ideas like how relationships between individual white and nonwhite people are those of the oppressor and oppressed, that all white people are consciously or unconsciously racist, that ostensibly raceblind concepts like “meritocracy” are the result of white supremacy, among others.

This is a formula for reinforcing group difference, undermining the hope of future social cohesion, and returning to a kind of tribal politics.
Indeed, many if not most of the bills ban teaching of these concepts, rather than critical race theory itself. Arguing that the bills are bad purely based on the semantics that they are not referring to “true” CRT is little more than deflection. Arguing that the term “CRT” as applied to the bills is a misnomer may be correct, but it won’t persuade anyone that the bills, or the concerns underlying them, should be abandoned. (Additionally, if the bills were banning something that isn’t actually taught in K-12, why bother with any pushback?)

What opponents of “CRT” are getting at is a philosophy that comes directly in conflict with small-L liberalism — and I am among the many Americans who believe the ideals of small-L liberalism are worth defending. What critics of CRT fear is the rise and widespread adoption of a philosophy that relies on genetic essentialism, overgeneralization, guilt by association, what we call in Coddling “The Great Untruth of Us versus Them,” shame and guilt tactics, and deindividuation. This is a formula for reinforcing group difference, undermining the hope of future social cohesion, and returning to the kind of tribal politics of the country in which my father grew up: Yugoslavia.

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Erich Vieth

Erich Vieth is an attorney focusing on civil rights (including First Amendment), consumer law litigation and appellate practice. At this website often writes about censorship, corporate news media corruption and cognitive science. He is also a working musician, artist and a writer, having founded Dangerous Intersection in 2006. Erich lives in St. Louis, Missouri with his two daughters.

This Post Has 13 Comments

  1. Avatar of Bill Heath
    Bill Heath

    I believe I would enjoy reading Andrew Sullivan. I haven’t wittingly done so to date, and suspect I’m missing out. He is correct IMO, don’t ban CRT. Shine a spotlight on it so that its character is seen and judged by all. It’s the way Hillarycare was dispatched in the mid-1990s; the more people knew about it, the more they opposed it. The same thing happened with the ACA. The problem was never with people opposing healthcare for the needy, or not understanding the benefits. It was rejection of the specifics. The more people knew about specifics, the less they supported the plans.

    The same holds for Critical Race Theory. I learned in elementary school about slavery and the difficult plight of blacks in America, in a segregated school. I learned in high school and college the evils of Jim Crow and the burden placed on black Americans, in partially-integrated schools. Mostly, I learned by marching against segregation.

    Looks like it’s time to break out the old anti-segregation banners. I can’t march, but my wheelchair rolls nicely. Won’t that be a great visual, siccing the dogs on a man in a wheel chair.

  2. Avatar of Erich Vieth
    Erich Vieth

    The claim that CRT is simply an effort to “teach history” is rapidly morphing into cheap signaling by many on the far left. They know that most of us want schools to vigorously teach history, including the sad history of the U.S. pertaining to racism and slavery. But they claim otherwise, in a coordinated lie that is as bold as the claim by the mid and far right that Trump won the most recent election. Here’s the lie, as well as links showing how widespread the lie is. https://www.nationalreview.com/the-weekend-jolt/resetting-the-honesty-meter-in-the-critical-race-theory-debate/?utm_source=Sailthru&utm_medium=email&utm_campaign=20210626_Weekend_Jolt&utm_term=Jolt-Smart

    This article sets forth many overlapping approaches for defining Critical Race theory. This post shows where is has been taught, based on many sources of evidence. https://dangerousintersection.org/2021/06/20/but-where-is-critical-race-theory-actually-being-taught/

  3. Avatar of Erich Vieth
    Erich Vieth

    https://www.youtube.com/watch?v=wplt3RpyKoc&t=1465s

    I created a transcript from a portion of the above discussion between Glenn Loury and John McWhorter:

    John McWhorter

    One of the stupidest debates I’ve ever seen in my time watching these things is happening right now where critical race theory refers to certain weird, but interesting articles written 40 and 30 and 35 years ago, that argue for a recasting of what we think of as Justice on the basis of what it means to be non white or non various other things in this country. All of it is, you know, it’s kind of deconstruction meets legal theory and nothing wrong with it, and fine.

    Glenn Loury: The writings of the Derrick Bells of the world and the Kimberley Crenshaws.

    John McWhorter;

    It used to be that you had only heard of it if you were people like us. And now critical race theory. And you know, it’s an acronymed to CRT–I never thought that would happen–now, is something that is in the schools. And it has to do with you know, putting the white kids on one side of the room and the black kids on the other and teaching certain lessons. And in a teaching that white is wrong, teaching that black is to not be precise. Teaching that whites are the oppressors. Teaching black kids to start being wary of their victimhood early on. This is happening across the country in many classrooms to varying extents, but it’s there. That’s referred to as “critical race theory” too because the people who promulgate this educational philosophy call themselves inheriting basic principles of critical race theory, which says among other things, that, for example, black people, our narrative as victims of white oppression, is what defines us and is more important than the details of individual stories such as success stories, and the like. So all of this balkanization of white from black in particular, it traces to those writings, even though Kimberly Crenshaw and Derrick Bell, were not thinking about what you do to six and seven year olds in the classroom. It was a different time. They were different people. They weren’t classroom pedagogues.

    But still, critical race theory infected ideas are now being put into operation in whole schools–I’ve been writing about this on Substack–turning upside down and being made these anti-racist academies, where work by for example, Robin D’Angelo and Ibrahm Kendi is put forth as basic texts. And a great many people find something wrong with what’s happening in the schools, including some legislators who don’t know a whole lot about legal theory, big surprise, don’t know a whole lot about educational philosophy, big surprise, they’re professional politicians. That’s what they know about. These bills that are saying no teaching critical race theory in the schools. And this is where the dumb stuff comes in. There’s this whole stream of people who are saying, You can’t say that you don’t want critical race theory in the schools because nobody’s teaching Richard Delgado and Kimberly Crenshaw in fifth grade, which is just such a debate team nonsense tactic. Or more people are saying, because critical race theory is calling attention to the basic racist nature of our society–and you can say that that is there–the issue is its extent but there. Because critical race theory is teaching America to be honest about itself, if you don’t want critical race theory to be taught in schools, what you’re saying is you don’t want anybody to be taught about racism. You don’t want them to be taught about slavery. You don’t want them to learn about Sojourner Truth. And no one has said that or, if anything from what I know, one of the state’s bills clumsily written could be interpreted as saying that, but that’s not what anybody means.

    It’s clear. And yet, mobile, people are arguing all over the place that if you say you don’t want these anti racist Academy philosophies in a classroom that your child is in, what you’re saying is that you want American history to be taught the way it was in 1925. With a waving flag, slavery not mentioned and everything is just fine and hunky dory. That is utter smoking hot bullshit. And yet, there’s this whole debate going on now, where the left avoids acknowledging what’s going on in these classrooms. They won’t admit that all of these news reports tell us something. Whereas frankly, if there were two news reports of a black boy being shot by the cops, that would be considered an indictment of our whole national fabric and reflecting things going on in 50 states 24 hours a day. It is the most frustrating dialogue, because no one knows what they’re talking about.

    Glenn Loury:

    I’m just gonna say they’re intellectually dishonest. They’re lying. I think they know they’re lying. I think they know A) who are they? They are the left. They are the activist anti-racist pedagogues in the schools, in the universities, in the journalism profession. We’re trying to shape the way that people think about race in this country, including children in public schools. They know what they want. They want to teach that America was born in slavery and genocide. They want to question the people who want to hold up the flag on the Fourth of July and say they love their country and say the United States is a great beacon of liberty in the last three centuries of human political experience. They don’t like that narrative. They hate the narrative that America is a good country. They don’t like capitalism. They’re deeply skeptical about the foundations of American civilization. They know what they’re doing and they know what they want. And when called on it, they lie. Oh, it’s a bugaboo. Oh, for example, like, nine or 10,000 homicides with black victims a year can go completely undiscussed by some of these people. Wow. Any incident involving a white police officer and a black criminal, in which the criminal end up ends up losing his life because of his behavior can become a cause celeb, say their names, say their names. They know exactly what they’re doing.

    So, you know, they don’t play fair. You know, they’re looking for a hook, or a clever turn of phrase, they say, oh, “defund the police.” And then they say, Oh, no, but nobody really wants to defund the police. We’re not against police. Yes, you are. You know. They say diversity and inclusion. They don’t say lower the standards, because people can’t compete when you draw the line the way that you’re drawing it. So we’re going to define the line differently. They’re going to say Asians are not non white. They’re going to talk about people of color and omit Asians whenever it’s convenient to do so. So why would I trust them with something really important, like reporting on the political news, like reporting on what goes on in elections? Like, like, reporting on business news, like reporting on what’s going on in the economy? Why would I trust these people? Sorry for the rant, but they know exactly what they’re doing. That’s my point. This is not a mistake. They’re liars.

    John McWhorter:

    I invite people to watch a debate I did last week to assess this. It was with Gloria Ladson Billings. And it was about whether critical race theory should be taught in K through 12.

    https://www.youtube.com/watch?v=R4pikerUu6o

  4. Avatar of Erich Vieth
    Erich Vieth

    Christopher Rufo’s advice regarding nomenclature:

  5. Avatar of Erich Vieth
    Erich Vieth

    https://twitter.com/MythinformedMKE/status/1457844121096253443

    According to James Lindsay: “Critical Race Theory” is “Race Marxism.” According to Lindsay, here are basic tenets of CRT

    • “Race” was constructed by “white” people originally from Europe so that they could exercise privilege and power and maintain it over people of color.
    • “Race” remains the fundamental construct for understanding how people are divided or stratified.
    • People of the two “races” are in conflict with each other, which makes this a conflict theory.
    • The purpose of CRT is to understand racial inequalities so that these can be redressed by redistribution of resources (“racial equity”).
    • Therefore, CRT is a Marxian Theory based on “Race.”
  6. Avatar of Erich Vieth
    Erich Vieth

    Manhattan institute Offers this Definition of Critical Race Theory:

    The term “Critical Race Theory” was coined by a small group of legal academics who gathered in 1989 for a workshop at the University of Wisconsin, titled “New Developments in Critical Race Theory.” [31] The Critical Race Theory movement was an offshoot of, and a reaction to, an earlier legal-academic movement, Critical Legal Studies, which was, in the words of its founders, a “peripheral corner of legal academia.” Its adherents, known as “crits,” were engaged in a “struggle to create a more humane, egalitarian, and democratic society.” [32] Critical Legal Studies drew inspiration from the “legal realist” movement, which emerged at Yale and Columbia Law Schools in the 1920s and 1930s and disdained the “formalisms” of the law in lieu of an outcome-driven jurisprudence consistent with Progressive principles. [33] The crits also drew from the eponymous “critical theory,” another interwar school of thought centered at the Marxist Institute for Social Research at the University of Frankfurt, which rejected “detachment” and “neutral” scholarly principles and sought instead “to hasten developments which will lead to a society without injustice.” [34]
    The Critical Race Theory scholars departed from their progenitors in centering their discussion on race. [35] (Some of them even accused the other crits of behaving in “imperial” fashion and “silencing” minority scholars’ views.) [36]
    Although scholars who have embraced the Critical Race Theory moniker are not monolithic, they are broadly committed to reinterpreting civil rights law “in light of its ineffectuality.” Certain tenets are common among scholars in the field:

    Racism is ordinary, ubiquitous, and “endemic” to American life;
    Racism explains all observed disparities among contemporary racial groups;
    Cultural norms such as “legal neutrality, objectivity, color-blindness, and meritocracy” perpetuate inequality and group dominance; and thus “race liberalism” must be rejected in favor of “race consciousness”;
    An “insistence on subjectivity” because true insight into the real operation of American life is gained through the “lived experience” of racism by “people of color”; and
    White people are necessarily complicit in racism by way of their adherence to, and benefit from, dominant cultural norms that invest them with sociopolitical capital (“whiteness”).

    [37]

    Initially, Critical Race Theory was confined to the niche circles of legal academia from which it originated. [38] More recently, its core ideas have been applied and expanded to an array of disciplines, including education. Professors Gloria Ladson-Billings and William F. Tate IV at the University of Wisconsin–Madison wrote a seminal article in the field in 1995, titled “Toward a Critical Race Theory in Education.” [39] Ladson-Billings applied the precepts developed by legal Critical Race Theory scholars to attack “colorblindness, meritocracy, deficit thinking, linguicism, and other forms of subordination” in the education context. [40] Those who have applied Critical Race Theory to education also draw heavily on “critical pedagogy,” a distinct school of academia that itself borrowed heavily from Critical Race Theory scholars. [41] Critical pedagogy views “curriculum as a form of cultural politics” and argues that “knowledge should be analyzed on the basis of whether it is oppressive or exploitative, and not on the basis of whether it is ‘true.’ ” [42]

    Some have claimed that Critical Race Theory has nothing to do with the racially charged curricula and trainings that are becoming commonplace in public schools. For example, Randi Weingarten, president of the American Federation of Teachers union, insists that “critical race theory is not taught in elementary schools or high schools.” [43] To be sure, that statement is broadly true in a literal sense: it would be the rare secondary school, indeed, that would assign to its students the writings of Critical Race Theory scholars such as Derrick Bell, Richard Delgado, Charles Lawrence, Kimberlé Crenshaw, or Mari Matsuda—or their education-field heirs like Ladson-Billings and Tate. But the ideas developed and espoused in Critical Race Theory scholarship certainly do inform modern educational pedagogy. And belying Weingarten’s claim, the national meeting of the other large teachers’ union, the National Education Association, recently passed a resolution affirming its commitment to a “curriculum . . . informed by academic frameworks for understanding and interpreting the impact of the past on current society, including critical race theory”; and allocating significant new union resources to providing “an already-created, in-depth, study that critiques empire, white supremacy, anti-Blackness, anti-Indigeneity, racism, patriarchy, cisheteropatriarchy, capitalism, ableism, anthropocentrism, and other forms of power and oppression at the intersections of our society.” [44]

    To be sure, the teachers and administrators implementing racialized curricula, initiatives, and training programs are more likely to have read popular modern books by Boston University history professor Ibram X. Kendi [45] or diversity trainer Robin DiAngelo [46] than they are the writings of law professors associated with Critical Race Theory. But “pop antiracism” authors themselves derive many of their premises from congruent Critical Race Theory scholarship. [47] Unambiguously, the principles developed by Critical Race Theory and critical pedagogy scholars have infused many public schools. A 2019 study [48] by the James G. Martin Center for Academic Renewal found that the most assigned author at the education schools at three leading public universities—the University of Michigan–Ann Arbor, the University of North Carolina–Chapel Hill, and the University of Wisconsin–Madison—was the aforementioned Gloria Ladson-Billings, who is “known for her groundbreaking work in the fields of Culturally Relevant Pedagogy and Critical Race Theory.”[49] Other Critical Race and critical pedagogy scholars dominated the most assigned reading lists at these schools.

    As noted in a Manhattan Institute issue brief, “Woke Schooling: A Toolkit for Concerned Parents,” using the term “Critical Race Theory” to describe what’s happening in the publiceducation context is perhaps both underinclusive (not everything parents are objecting to in the school context derives directly or indirectly from Critical Race Theory scholarship) and overinclusive (as a body of scholarship originating in law schools, Critical Race Theory certainly includes concepts not used in public school settings). [50]
    In any event, the debate over whether Critical Race Theory is the appropriate moniker for what has been happening in many public schools is something of a sideshow. Almost 20 years ago, Kimberlé Crenshaw, a founder of the movement, suggested that Critical Race Theory was “now used as interchangeably for race scholarship as Kleenex is used for tissue.” [51] The exact academic pedigree vehicle of various curricula, initiatives, and training programs observed at public schools and other public institutions matters less than their substance. The fundamental question involves not what we call these ideas and programs, or their origins, but their appropriateness—and the appropriateness of the legislative responses being promulgated in response.

  7. Avatar of Erich Vieth
    Erich Vieth

    Christopher Rufo and the Manhattan Institute are proposing model legislation to prohibit the teaching of certain aspects of Critical Race Theory in K-12. Here is Rufo’s summary of that model legislation:

    Substance. In terms of substance, the model legislation focuses on the principles previously articulated: transparency, compelled speech, and curricular content. The proposed transparency requirements are relatively narrow and precise, in order to avoid undue compliance burdens on already-pressed school administrators and staff.
    The content prescriptions in the proposed legislation are also narrow. The bill focuses on four core concepts or beliefs, distilled from various state bills on the subject:

    That the United States or the state is “fundamentally and irredeemably racist or sexist”;
    That individuals are “inherently racist, sexist, or oppressive” by virtue of “race” or other intrinsic characteristics;
    That individuals are personally “responsible for actions committed in the past by other members of the same” race or other intrinsic characteristics; and
    That individuals’ “moral character is necessarily determined” by race or other intrinsic characteristics.

    Our model bill purposely focuses on value-laden judgments, particularly those involving individual identity. Moreover, in keeping with the “light touch” of the proposed model legislation, the bill would not directly proscribe the teaching of even these concepts. Rather, the model bill would prevent public schools from compelling students, faculty, and staff to affirm these ideas; and would allow students, faculty, and staff the right to opt out of any “training, seminar, continuing education, orientation, or therapy” requirements imparting these ideas—whether or not such activities involve compelled speech. The model bill does offer some suggested language for state legislatures that wish to embrace a more proscriptive approach.

    The model legislation also prohibits schools from requiring or rewarding specific political, policy, or social activism as a substitute for or adjunct to teaching and learning. While there certainly may be value in “hands-on” applications of various social-studies instruction, we question whether K–12 education is the appropriate nexus for the same, particularly in light of the fact that student attendance is compulsory, student minds are yet unformed, and there is the potential for teachers and administrators to co-opt scarce student time for their own political, policy, or social-reform objectives.
    Finally, the model legislation prohibits end runs around its requirements through outside contracts, by preventing schools from using public funds to “contract with, hire, or otherwise engage” outside consultants and trainers for purposes of political and social advocacy or to compel students, faculty, or staff to affirm the four core concepts or beliefs outlined in the legislation. Schools could hire consultants and trainers to impart such concepts if they expressly clarified that the ideas were not school-sponsored or supported and if students, faculty, and staff had the right to opt out of such programs.

    The model bill purposely avoids proscribing the teaching of concepts based on the subjective perceptions of students, faculty, or staff. The elevation of so-called lived experience over objective deductive and inductive analysis is a hallmark of Critical Race Theory; it should not be embraced by its critics. [64] That said, much of the public commentary suggesting that enacted CRT legislation has, in fact, hinged on individuals’ subjective perceptions has simply misrepresented the statutory text in question. For example, an opinion piece in the New York Times authored by Kmele Foster, David French, Jason Stanley, and Thomas Chatterton Williams claims that Tennessee’s law bans “any teaching that could lead an individual to ‘feel discomfort, guilt, anguish or another form of psychological distress solely because of the individual’s race or sex.’ ” [65] But that is not what the Tennessee legislation does; rather, the law prohibits public schools from promoting the idea that an “individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual’s race or sex” [66]—something quite different indeed. [67] Similarly, although certain states’ CRT legislation has prohibited public schools or other state institutions from promoting “divisive concepts,” the actually enacted bills have expressly defined that term to include only normative-laden judgments premised on identity—similar to those articulated in the model legislation presented here [68]—rather than relying on listeners’ subjective perspectives.

    The model bill does not prohibit any particular textbook, document, or course of study, beyond the prohibitions previously described. This omission should not be read to imply that such a provision would be legally problematic in the K–12 context; states have broad leeway to select and reject materials and curricula, and most such prohibitions would pass constitutional muster. [69] Although a comprehensive review of alternative school curricula is beyond the scope of this issue brief, it is hardly surprising that some state bills have specifically singled out for exclusion the Pulitzer Center’s 1619 Project study materials,[70] based on the New York Times’ controversial series of essays, [71] which have already been adopted by a reported 4,500 schools less than a year after its introduction. [72]

    Enforcement. The proposed model legislation relies on state attorneys general and local district and county attorneys to enforce its provisions. [73] Some state legislatures may prefer also to create discrete mechanisms for private enforcement through civil litigation brought by parents, students, or employees, beyond those available as existing remedies under state or federal law—particularly when legislators lack confidence that executive-branch officials will actually enforce the law. Legislatures that decide to create an express private right of enforcement action should be exceedingly careful not to create the potential for “shakedown” lawsuits that could overly tax local school districts or, if filed against individual public employees, unduly interfere with government-employee contracting. Legislatures should be aware that in the absence of express language clarifying otherwise, some courts will infer an implied private right of enforcement action, regardless of legislative intent.

  8. Avatar of Larry J. Carter
    Larry J. Carter

    I must commend Mr. Vieth for this goldmine of understanding concerning CRT.

  9. Avatar of
    Anonymous

    Jessie Singal has read Richard Delgado and Jean Stefancic, Critical Race Theory: An Introduction (3rd Edition). He criticizes members of the news media who criticize those who are troubled by the teaching of CRT in American schools. In fact many left-leaning reporters are working hard to avoid some of the basic tenets of CRT. Singal accuses them of being uncurious cheerleaders for a cause instead of doing their jobs as reporters.

    I’ve read the book in question . . . and a lot of the radical claims seem perfunctory and half-baked. In some cases they boil down to fairly uncontroversial arguments about how the justice system has been used to uphold white supremacy, which of course it has. Perhaps most annoying — not just here but in so much progressive academic writing — is is/ought elision, where sentences that I think are supposed to say things like “the law pretends to be neutral but often isn’t” are written in a way where any reader will interpret them as “neutrality is a bad idea.” But the point is, right there, on page 3 of the foundational introductory CRT book, the authors say that CRT “questions the very foundations of the liberal order… Enlightenment rationalism, and neutral principles of constitutional law.” If a conservative says that CRT is a radical movement, they are, at least in a certain sense, correct. Trying to pretend otherwise is a fool’s errand.

    A lot of journalistic coverage of this has been obfuscatory. In an article rife with other issues, authors writing in Scientific American described CRT as a movement that “emphasizes the unique historical role that legal systems play in upholding and producing racial inequalities in the United States.” More recently, Greg Sargent described it in The Washington Post as a movement that “examines how racism gets baked into law.” This Slate article bites off a subset of reasonable-sounding ideas from CRT thinkers, but simply ignores the more radical stuff.

    And on and on and on — very little mainstream progressive coverage of this debate simply quotes the foundational definition of CRT two of its architects provide right at the start of perhaps the leading introductory book about it. If CRT merely “emphasized the unique historical role that legal systems play in upholding and producing racial inequalities in the United States,” or “examined how racism gets baked into law,” Rufo would have gained much less of a toehold. The radical-sounding quotes are out there and Rufo will always be able to point to them whenever there’s any sign that any school system anywhere has any connection to any CRT thinker — not a difficult task, even if K–12 instruction on CRT is (as it appears to be) exceptionally rare.

    The second reason not to attempt to derail or deflect here is going to come across as quaint, but: journalists have different jobs from activists. This feels like an increasingly futile point to make, but if our field is going to mean anything, our starting point shouldn’t be We must do anything we can to defeat Rufo’s efforts. After I approvingly tweeted Chait’s story, I got some guff from other journalists on Twitter who were furious that, in their eyes, we haven’t been harsher on Rufo, that we’re treating him as even a hypothetically good-faith interlocutor. What you’re supposed to do is see him as a fascist and spend your every last waking tweet denouncing him as such.

    I have to say that if the opinions they publicly express are any indication, a lot of current journalists should switch careers and do public relations for liberal advocacy groups instead.

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