CRT Related Censorship and Tribalism Make Inroads into the American Legal System

Detailed article by Aaron Sibarium, writing at Common Sense, the Substack of Bari Weiss.  The title to the article is "The Takeover of America's Legal System: The kids didn't grow out of it." Here are a couple excerpts:

The adversarial legal system—in which both sides of a dispute are represented vigorously by attorneys with a vested interest in winning—is at the heart of the American constitutional order. Since time immemorial, law schools have tried to prepare their students to take part in that system.

Not so much anymore. Now, the politicization and tribalism of campus life have crowded out old-fashioned expectations about justice and neutrality. The imperatives of race, gender and identity are more important to more and more law students than due process, the presumption of innocence, and all the norms and values at the foundation of what we think of as the rule of law.

One more . . .

Trial verdicts that do not jibe with the new politics are seen as signs of an inextricable hate—and an illegitimate legal order. At the Santa Clara University School of Law, administrators emailed students that the acquittal of Kyle Rittenhouse—the 17-year-old who killed two men and wounded another during a riot, in Kenosha, Wisconsin—was “further evidence of the persistent racial injustice and systemic racism within our criminal justice system.” At UC Irvine, the university’s chief diversity officer emailed students that the acquittal “conveys a chilling message: Neither Black lives nor those of their allies’ matter.” (He later apologized for having “appeared to call into question a lawful trial verdict.”)

Professors say it is harder to lecture about cases in which accused rapists are acquitted, or a police officer is found not guilty of abusing his authority. One criminal law professor at a top law school told me he’s even stopped teaching theories of punishment because of how negatively students react to retributivism—the view that punishment is justified because criminals deserve to suffer.

“I got into this job because I liked to play devil’s advocate,” said the tenured professor, who identifies as a liberal. “I can’t do that anymore. I have a family.”

Other law professors—several of whom asked me not to identify their institution, their area of expertise, or even their state of residence—were similarly terrified.

Nadine Strossen, the first woman to head the American Civil Liberties Union and a professor at New York Law School, told me: “I massively self-censor."

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What Harvard did to Economist Roland Fryer

Glenn Loury introduces a narrative that tells a story about what happens when a person diligently follows the evidence where it leads, but where it leads conflicts with a prevailing cultural-media narrative. In this case, Fryer's research showed police have not been killing unarmed "black" men at a rate greater than they kill unarmed "white" men. Wikipedia's version: "In 2016, Fryer published a working paper concluding that although minorities (African Americans and Hispanics) are more likely to experience police use of force than whites, they were not more likely to be shot by police than whites."

This is the story of the Harvard community reacted to those inconvenient numbers.

Glenn Loury introduces the video:

Roland Fryer is the most gifted economist of his generation. Not the most gifted black economist of his generation, the most gifted economist of his generation. Period.

He was tenured at Harvard at the age of 30, he was awarded the American Economics Association’s John Bates Clark Medal, he received a MacArthur “Genius” grant, his publications appeared in some of the most distinguished journals in the field, and his scholarship was regularly covered in the mainstream media. His research upends many commonly held assumptions about race, discrimination, education, and police violence. It is tremendously creative, rigorous, and consequential scholarship, and it cannot be simply written off because it happens to challenge the status quo.

To do the kind of work Roland does, you have to be more than brilliant. You have to be fearless. And I cannot help suspect that now Roland is paying the price for pursuing the truth wherever it leads. Several years ago, he was accused of sexual harassment by a disgruntled ex-assistant. In my opinion and that of many others, those accusations are baseless. But Harvard has used them as a pretext to shut down Roland’s lab, to curtail his teaching, and to marginalize him within the institution.

I’ll not mince words. Those at Harvard responsible for this state of affairs should be utterly ashamed of themselves. They have unnecessarily, heedlessly tarnished the career of an historically great economist. Again, I can't help but suspect that they have effectively buried vital research not because it was flawed but because they found the results to be politically inconvenient. “Veritas” indeed.

I’m not the only one infuriated by what is happening to Roland Fryer. The filmmaker Rob Montz has made a short documentary about this subject. I’m interviewed in it alongside others who see this fiasco for what it is, some of who have much to lose by publicly coming to Roland’s defense. People need to see this film. They need to know the truth about Roland Fryer. So I ask you to watch and to judge for yourself, and if you feel so moved, to share it as widely as possible.

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The Problem with “Culturally Responsive Education” (CRE) and Other Variants of Neoracism

Dana Stangel-Plowe of the Foundation Against Intolerance and Racism (FAIR) explains:

In our latest video, FAIR’s Dana Stangel-Plowe discusses the issues surrounding a new academic theory called “Culturally Responsive Education.” While intended to connect students with their educational material on a deep level, Stangel-Plowe explains how this new method achieves the opposite by assuming people who superficially look like one another must also think like one another.

[T]he idea of providing kids books that feature characters who look like them feels intuitive as a way to connect them to the material; but building curriculum around students’ skin color, ancestry, or gender raises serious questions about the very purpose of education in our diverse and pluralistic nation.

By making assumptions about what will engage students based on race or immutable traits, CRE is racist. The idea that all people who share the same group identity would also share the same interests, experiences, or beliefs is reductive and demeaning to the unique human beings in that group.

Stangle-Plowe offers a more detailed analysis at FAIR's website:

Despite what some of its proponents would have us believe, CRE is much more than simply a framework for student-centered learning and a celebration of different cultures and cultural ways of knowing. CRE’s focus on “power dynamics,” “social change,” “liberation,” and “equitable outcomes” plainly reveal that critical pedagogy is baked into CRE. Critical pedagogy, popularized by Paolo Freire, is the Marxism-derived school of critical theory applied to education. Thus, it designates K-12 classrooms as the place to start a revolution to dismantle the dominant power structures—meaning our current systems of liberal democracy. Critical pedagogy is explicitly a political ideology—similar to other illiberal ideologies that focus on “liberation” and seek equality of outcomes—aiming to turn students into revolutionary activists.

With CRE becoming widespread, we must consider: Is there a better way to leverage student engagement for success across cultures? And, most importantly, how do we ensure that all students, regardless of their group identities, become “classroom insiders” without dehumanizing them or flattening them into stereotypes—and without replacing learning with activism?

It seems that we are mastering the art of slicing and dicing people culturally in much the same way that Google, Facebook and Amazon are using Billy Ball analytics on their customer bases. I see no problem categorizing people by their interests, such as knitting, pickle ball or art. The problem is with dividing people by irrelevant categories, such as the way they look or (often) the place where they were born. CRE assumes that people are "stuck" in these irrelevant categories and they they want more and more of the same. As Stangle-Plowe states, this is insulting and destructive. I'm proud to say that I am constantly learning many wonderful things from people who look different than me. I'm also proud to say that I don't obsess over what a person looks like. CLE is a well-meaning but destructive to the American Dream that we are one people who can work and play together. E pluribus unum.

Evaluating people based on superficial characteristics is inaccurate and lazy.  We need to avoid all miscategorizations, of course. Because people are extremely complex, it makes no sense to judge them on "race," sex or national origin any more than it would to determine who they are based on astrology.

Our cultural dysfunction based on insanely off-target miscategorizations needs to be cut off at the root, as suggested by Sheena Mason:

FAIR is

a nonpartisan organization dedicated to advancing civil rights and liberties for all Americans, and promoting a common culture based on fairness, understanding and humanity.

In conclusion, I am including FAIR's Principles of Peaceful Change:

FAIR Principles of Peaceful Change

Based on Dr. Martin Luther King Jr.'s Principles of Nonviolence

Exercise Moral Courage. Telling the truth is a way of life for courageous people. Peaceful change cannot happen without a commitment to the truth.

Build Bridges. We seek to win friendship and gain understanding. The result of our movement is redemption and reconciliation.

Defeat Injustice, Not People. We recognize that those who are intolerant and seek to oppress others are also human, and are not evil people. We seek to defeat evil, not people.

Don’t Take the Bait. Suffering can educate and transform. We will not retaliate when attacked, physically or otherwise. We will meet hate and anger with compassion and kindness.

Choose Love, Not Hate. We seek to resist violence of the spirit as well as the body. We believe in the power of love.

Trust in Justice. We trust that the universe is on the side of justice. The nonviolent resister has deep faith that justice will eventually win.

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Intolerance of Viewpoint Diversity at Colleges

From a NYT op-ed by Emma Camp, "I Came to College Eager to Debate. I Found Self-Censorship Instead."

“Viewpoint diversity is no longer considered a sacred, core value in higher education,” Samuel Abrams, a politics professor at Sarah Lawrence College, told me. He felt this firsthand. In 2018, after he published an Opinion essay in The Times criticizing what he viewed as a lack of ideological diversity among university administrators, his office door was vandalized. Student protesters demanded his tenure be reviewed. While their attempts were unsuccessful, Dr. Abrams remains dissatisfied with fellow faculty members’ reactions. In response to the incident, only 27 faculty members signed a statement supporting free expression — less than 10 percent of the college’s faculty.

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