FIRE’s Position on Government Attempts to Ban there Teaching of Divisive Concepts

FIRE's Position on government attempts to ban the teaching of divisive concepts in schools:

FIRE has been tracking and engaging with legislation that would regulate how race and sex is discussed on college and university campuses.

In the past few years, this typically came in the form of bans on training or teaching so-called “divisive” concepts. This legislative season appears no different as several states in the past three months have either issued executive orders or introduced legislation on this topic.

These states include Alabama, Arkansas, Mississippi, Missouri, North Dakota, Oregon, South Carolina, Texas, West Virginia, and Wyoming.

While FIRE takes no position on bill provisions that apply to the K-12 context, in which states generally have broader authority to set curricula, it’s worth noting that even with such broad authority, K-12 legislation could face vagueness challenges if it does not clearly set forth what it prohibits.

We also do not oppose provisions that would regulate or prohibit mandatory non-credit-earning training at institutions of higher education. Restrictions on the content and views expressed during non-credit-earning training doesn’t infringe on the First Amendment or principles of academic freedom because the content of those trainings constitute the government’s own speech. The government is allowed to regulate its own speech and that of government agencies under its control. We also acknowledge that the government can prohibit institutions from compelling students or faculty to communicate personal agreement with views they do not hold.

FIRE, however, does oppose legislation that would institute curricular bans on particular concepts or ideologies at institutions of higher education. These curricular bans threaten academic freedom — which protects the rights of faculty to teach and assert positions as they see fit — and disregards decades of judicial precedent confirming the critical importance of academic freedom in higher education.

FIRE will fight any legislation that crosses the bright line that prohibits the government from banning ideas in college classrooms. Indeed, FIRE is currently fighting Florida’s “Stop WOKE Act” in federal court, a law passed last year that restricts instruction on eight concepts related to “race, color, national origin, or sex” in college classrooms. After we filed suit, the court halted enforcement of the law, recognizing that it violates the First Amendment rights of students and faculty."

Note about proposed Missouri legislation:

"Missouri’s HB 75 would prohibit an employee of an institution of higher education from requiring or making “part of a course,” eight concepts related to race or sex stereotyping. Like Florida’s Stop WOKE Act, this provision threatens free speech and academic freedom by regulating what faculty members are allowed to say in their classrooms.

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Michael Shellenberger’s Testimony to the House Select Committee on the Weaponization of the Federal Government

Michael Shellenberger testified before Congress on March 9, 2023. This is the Executive Summary of his presentation:

In his 1961 farewell address, President Dwight Eisenhower warned of “the acquisition of unwarranted influence… by the military-industrial complex.” Eisenhower feared that the size and power of the “complex,” or cluster, of government contractors and the Department of Defense would “endanger our liberties or democratic processes.” How? Through “domination of the nation's scholars by Federal employment, project allocations, and the power of money.” He feared public policy would “become the captive of a scientific-technological elite.”

Eisenhower’s fears were well-founded. Today, American taxpayers are unwittingly financing the growth and power of a censorship-industrial complex run by America’s scientific and technological elite, which endangers our liberties and democracy. I am grateful for the opportunity to offer this testimony and sound the alarm over the shocking and disturbing emergence of state-sponsored censorship in the United States of America.

The Twitter Files, state attorneys general lawsuits, and investigative reporters have revealed a large and growing network of government agencies, academic institutions, and nongovernmental organizations that are actively censoring American citizens, often without their knowledge, on a range of issues, including on the origins of COVID2 , COVID vaccines3 , emails relating to Hunter Biden’s business dealings4 , climate change5 , renewable energy6 , fossil fuels7 , and many other issues.

I offer some cautions. I do not know how much of the censorship is coordinated beyond what we have been able to document, and I will not speculate. I recognize that the law allows Facebook, Twitter, and other private companies to moderate content on their platforms. And I support the right of governments to communicate with the public, including to dispute inaccurate and misleading information.

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How to Blame a Bat, Using Immense Research Funding as Bait

The story of one of the greatest tragedies and deceptions of all time is finally coming out. You won't find it in the corporate media yet, because the message has been controlled upstream through the powerful incentive structure of billions of $ of scientific research funding and Machiavellian pinpoint control of three historically prestigious science journals upon which corporate media outlets rely. But the narrative is starting to crumble thanks to recent Congressional hearings and this excellent article by Ashley Rindsberg. Once this entire story works its way into wider public understanding, Anthony Fauci will not be invited to throw any more ceremonial opening day pitches.

Here are a few excerpts from Rindsberg's article at Tablet,"Treason of the Science Journals: How Anthony Fauci manufactured consensus on the origins of COVID-19 with the help of science writers and the media."

At the government level, pandemic preparedness is as much about protecting critical supply chains as it is about administering medical treatments. What the COVID-19 pandemic showed is that the flow of information, which may be the single most vital resource in the supply chain, is utterly broken. In many cases, it was actively undermined by senior public health officials including the former chief medical adviser to the president, Dr. Anthony Fauci.

New emails released in a congressional probe show that Fauci helped direct the publication of “The Proximal Origin of SARS-CoV-2,” an influential scientific paper published in Nature Medicine on March 17, 2020, that claimed COVID-19 could not have leaked from a laboratory. Fauci then cited the paper—in effect quoting himself, since he coordinated the article behind the scenes and was given final approval before it published—as if it was an independent source corroborating his assertions that COVID could only have come from a bat and not from a lab.

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The Social Collapse of California

Michael Shellenberger describes the social collapse of California in his recent article at City Journal, "America’s Shadow Self: Ruinous policies have transformed California from a symbol of progress to a cautionary tale for the nation."

[California] has become America’s shadow self. True, it is more prosperous than ever, surpassing Germany last year to become the world’s fourth-largest economy. But Los Angeles, San Francisco, Sacramento, and smaller cities are today overrun by homeless encampments, which European researchers more accurately describe as “open drug scenes.” Crime has become so rampant that many have simply stopped reporting it, with nearly half of San Franciscans telling pollsters that they were a victim of theft in the last five years and a shocking one-quarter saying that they had been assaulted or threatened with assault.

These pathologies are just the most visible manifestations of a deeper rot. Less than half of California’s public school students are proficient in reading, and just one-third are proficient in math (with a stunning 9 percent of African-Americans and 12 percent of Latinos in L.A. public schools proficient in eighth-grade math). Education achievement declined precipitously in California in 2021, as the state kept children studying at home well after kids in other states had returned to the classroom. Californians pay the most income tax, gasoline tax, and sales tax in the United States, yet suffer from electricity blackouts and abysmal public services. Residential electricity prices grew three times faster in 2021 than they did in the rest of the United States. And the state government, dependent on income taxes, faces a projected $23 billion budget deficit that will only grow if the nation’s economy enters a recession. Perhaps unsurprisingly, given these trends, California’s population stopped expanding in 2014 and has slightly declined since, resulting in the loss of a congressional seat after the 2020 Census.

Homelessness and disorder loom as the biggest problems. Most of the assaults and threats that San Franciscans reported came from the city’s large number of homeless and mentally ill addicts, who are allowed to sleep, defecate, and use drugs in public. Los Angeles is in even worse shape, as the city is so much larger than San Francisco and the local government is, against stereotype, even more progressive. Skid Row can no longer contain its massive population of street homeless; the city’s government has all but legalized open-air drug dealing and use. Over the last decade, homelessness increased 43 percent in California, even as it fell 7 percent nationally.

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