Can Critical Race Theory Be Banned Without Violating The First Amendment?

Written By BlabberBuzz | Tuesday, 14 December 2021 12:00 PM
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A new report on state measures to ban Critical Race Theory announced that legislatures should look to North Carolina as a model for offering legislation that both bans the controversial theory and bypasses censorship.

The report, composed by the American Enterprise Institute's Max Eden, demonstrated that three approaches are being deployed in legislative steps to ban Critical Race Theory in public schools. Bills that prohibit the promotion of the theory are the model legislation.

According to Critical Race Theory, American institutions and culture are fundamentally and systemically racist and actively oppress racial minorities. Critical Rrace Theorists think that to oppose systemic racism, one has to be "anti-racist."

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The problem with Critical Race Theory in public schools has formed substantial controversy nationwide over the past year as parent groups have organized against school officials to push back against the inclusion of aspects of the theory in the public school curriculum.

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Liberal activists and Democratic politicians have repeatedly stated that the theory is not taught in public schools. There is substantial evidence to the contrary. That evidence has provoked Republican-controlled state legislatures to pass legislation seeking to ban the theory.

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Though Eden, in his report, said that state legislatures have either aimed to ban "compulsion," "inclusion," or "promotion." He announced that the latter, which the state Legislature embraced in North Carolina as it sought to ban CRT, is the best model for legislatures to follow.

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He stated that banning promotion prohibits school districts from incorporating Critical Race Theory in teacher training programs or contracting speakers or consultants that integrate it into their programs.

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"This approach encompasses the prohibition against compulsion," Eden wrote. "But most importantly, it threads the needle of preventing the politicization of the classroom without presenting any barrier to honest and accurate classroom instruction."

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The bid to ban Critical Race Theory in North Carolina fell short after Democratic Gov. Roy Cooper vetoed the legislation. Differing versions of CRT bans have passed in many states, and many state legislatures have pending legislation.

Eden was clear about the necessity for CRT bans in his report, aiming at columnist and author David French, who announced the theory would effectively be denied if existing federal civil rights laws were properly enforced.

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Such an approach was insufficient, Eden wrote.

"Until such time as the federal government signals that it will faithfully enforce the Civil Rights Act, states have a constitutional duty to act," he stated.

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"The state surely has an interest in assuring that the next generation is not educated in state-run schools to oppose the foundational principles of the state," Eden went on. "The state has an even higher obligation to act on behalf of the parents whose children it educates. CRT-inspired pedagogy at times aims to subvert the family itself, teaching ideas such as 'it [is] important to disrupt the Western nuclear family dynamics as the best/proper way to have a family.'"

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