Introduction
Fifty years later, after its foundation, Critical Race Theory (CRT) has reached the center of political and academic discourse. Today, seven states have taken drastic steps to ban K-12 curriculums that include topics and books purportedly related to CRT, and numerous states currently have restrictions under review. Southern states have led the crusade against CRT— a theory that offers a critical lens on the institutional and structural impacts of racism. Supporters of CRT argue that the opposition towards CRT is an attempt to revise American history and diminish the pernicious role of slavery, Jim Crow laws, and systemic racism. They further assert that corrupting the true ethos of CRT is an attempt to absolve the individuals and systems of assuming responsibility and ameliorating the consequential effects of white supremacy.
Regardless of the debate over CRT, acknowledging historical and present injustices is a significant step to achieving justice and fulfilling the constitutional guarantees for African Americans and other marginalized groups.
What is Critical Theory?
Critical Race Theory (CRT) “is an academic and legal framework that denotes that systemic racism is part of American society—from education and housing to employment and healthcare” (Fernandez, 2023). The theory further recognizes that racism is more than the result of individual bias and prejudice. It is embedded in laws, policies, and institutions that uphold and reproduce racial inequalities (Fernandez, 2023). CRT originated in the 1970s with legal scholars, lawyers, and activists such as Derrick Bell, Alan Freeman, and Richard Delgado at the forefront of developing the academic discipline (Delgado & Stefancic, 2012). It employs theories from various fields, including critical legal studies and radical feminism. CRT is influenced by scholars that have contributed significantly to the theoretical underpinnings of power, domination, and inequality, such as Antonio Gramsci, Michel Foucault, and W.E.B. Du Bois. Moreover, it critiques social constructs such as race and institutions that perpetuate a rigid caste system in which minorities are often placed in the bottom tiers.
THE CORE TENANTS OF CRT OFTEN INCLUDE (GEORGE, 2011):
Race is socially constructed and is not connected to biological differences in features such as intellectual aptitude.
Racism is pervasive throughout society and institutions. The belief that racist acts are a mere deviation from the norm is erroneous when considering the material, political, and social inequities between the white population and minorities.
Inequality is directly linked to systemic racism and structures that accord privileges to the dominant group.
Acts of racism should be chronicled through a narrative-driven approach in detailing the everyday lived experiences of people of color to highlight the impacts of racism on individual outcomes.
CRT provides a framework to analyze and understand the unequal outcomes related to health, education, wealth, and other salient issues, as not only individual acts but embedded in American structures through the legacy of institutional and structural racism.
Why are States opposing CRT?
According to the World Population Review (2023), Arkansas, Florida, Idaho, Iowa, New Hampshire, Oklahoma, and Tennessee have banned the teachings of CRT in K-12 curriculums, and numerous states are considering restrictions and bans of their own. However, CRT remains primarily taught in the halls of universities and, more specifically, in law schools.
Florida has become a leading state in eliminating CRT by restricting classroom teachings, diversity trainings, and censoring dialogue. On April 22, 2022, Florida Governor Ron DeSantis signed the Individual Freedom Act , commonly known as the Stop W.O.K.E. Act. The act seeks to ban schools and businesses from holding diversity trainings or promoting subjects that can make anyone feel guilt or anguish due to race or gender (The Florida Senate, 2022). On March 16, 2023, the U.S. Eleventh Circuit Court of Appeals found
Misconceptions: Understanding Critical Race Theory
the law unconstitutional, holding that the act violates the 14th amendment by imposing restrictions on educators that are vague and discriminatory. In addition to Florida’s legislation, in 2023 the state made efforts to alter the way Advanced Placement (AP) African American Studies is taught by compelling the College Board to make topics such as Black Lives Matter, incarceration, and reparations optional (Hartolocollis & Fawcett, 2023). Comparably, Tennessee passed a law restricting teachings they deem sexist or racist. The law also promotes teaching American exceptionalism instead of racism as a fundamental aspect of American history and society. Teachers found guilty of violating the measures are subjected to fines or the revocation of their licenses (West, 2022).
Draconian laws of this magnitude are proliferating in many states and expanding to include other marginalized groups, such as the LGBTQ community, under the dubious guise of combatting CRT. Some states have banned books by distinguished Black authors that they consider antithetical to classroom cohesion. A report by PEN America (2021) found that between July 2021 and June 2022, 2,532 book bans occurred in public schools across the U.S, and 40 % of the books banned were authored by people of color featuring race and racism, activism, and issues deemed to have sexual content.
MISCONCEPTIONS OF CRT:
Misconception: CRT teaches that all white people are racists and oppressors.
Fact: CRTexaminesstructuresandinstitutionsandtheirroleinperpetratinginequality.
Misconception: CRT paints African Americans and other minorities as victims.
Fact: CRTemploysanextensivebreadthofscholarlysources,factualfindings,and materialstodepicttheherculeaneffortsmadebyAfricanAmericansintheU.S.to achieveprogressdespitefacingunequalbarriers.
Misconception: CRT is a divisive subject that can cause resentment, especially in K-12.
Fact: CRTisnottaughtinK-12,andmanystatelegislatureshaveyettomentionCRTin theirpassageoflegislationtobanrace-consciousteachings.Learningaboutdiversity, equity,andinclusionbenefitsbroadersociety.
Implications
Banning racial-conscious teachings and African American history under the guise of protecting children against CRT silences Black and Indigenous voices by arbitrarily determining palatability. Social, political, and economic justice requires grappling with history and the role of institutions in proliferating racism to remedy the injustices subjected to people of color. Moreover, CRT and similar topics that interrogate systemic racism can be a uniting force among all races in America. Confronting the painful realities of Native American genocide, slavery, and the ensuing legacy of systemic racism provides students with the necessary tools and theoretical frameworks to acknowledge the role of institutions— healthcare, finance, and education—in producing consequential inequities.
Outlawing factual materials related to race can falsely give credence to the pretext that America is a meritocracy where everyone has an equal opportunity despite their race or gender. This notion reinforces stereotypes and creates a large pool of miseducation that perpetuates systemic racism and gross inequities. The health of our democracy is inextricably linked to our commitment to reconciling with systemic racism. Racism plays a nefarious role in our institutions, and accepting this notion is paramount in constructing a society that actively seeks justice and equality.
Conclusion
In June 2021, Delaware passed House Bill 198 which incorporates Black history in most subjects while celebrating the contributions of African Americans and exploring the ramifications of racism. African American history is a fundamental aspect of American history. Undeniably, African Americans played a vital role in the foundation, industrialization, and growth of the U.S. as a global power, despite facing near insurmountable conditions. Thus, critiquing the systems and institutions to reach equity and correcting the past and current grievances against disadvantaged communities should not elicit hate, division, and violence. We are, however, reminded that race remains a central issue in America, and a large segment of our population is obstinate on race-related topics. We must incentivize school districts to teach history honestly, cultivate candid discussions, and stand against the revision of history.
References
Atterbury, A. (2023, March 16). DeSantis’ anti-woke law remains blocked in Florida colleges. POLITICO. https://www.politico.com/news/2023/03/16/desantis-anti-woke-law-00087483
Delgado, R., & Stefancic, J. (2012). Critical Race Theory: An Introduction. NYU Press.
Fernandez, M. (2023a, February 9). Critical Race Theory FAQ. Legal Defense Fund. https://www.naacpldf.org/critical-race-theory-faq/?gclid=Cj0KCQiApKagBhC1ARIsAFc7Mc7gtFAS0VS5 Sr44D77_JI3wlXBlLUVC1inOmjoVDDDnmGISySz770saAtn7EALw_wcB
George, J. (2021a, January). A Lesson on Critical Race Theory. https://www.americanbar.org/groups/crsj/ publications/human_rights_magazine_home/civil-rights-reimagining-policing/a-lesson-on-criticalrace-theory/
Hanson, M. (2022a, August 24). U.S. Public Education Spending Statistics [2023]: per Pupil + Total. Education Data Initiative. https://educationdata.org/public-education-spending-statistics
Hartocollis, A., & Fawcett, E. (2023a, February 9). The College Board Strips Down Its A.P. Curriculum for African American Studies. The New York Times. https://www.nytimes.com/2023/02/01/us/collegeboard-advanced-placement-african-american-studies.html
PEN America. (2023a, January 3). Banned in the USA: The Growing Movement to Ban Books - PEN America. https://pen.org/report/banned-usa-growing-movement-to-censor-books-in-schools/
The Florida Senate. (2022). House Bill 7. https://www.flsenate.gov/Session/Bill/2022/7
West, S. (2022a, April 1). Tennessee students say CRT laws harm their mental health - Chalkbeat Tennessee. Chalkbeat Tennessee. https://tn.chalkbeat.org/2022/4/1/23004966/tennessee-schoolscritical-race-theory-culture-wars-mental-health-memphis-nashville-knoxville
World Population Review. (2023a). States that Have Banned Critical Race Theory 2023. https://worldpopulationreview.com/state-rankings/states-that-have-banned-critical-race-theory
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