The ACLU Has It Backward: Schools Should Worry About Being Sued For Teaching Critical Race Theory

On July 8, the American Civil Liberties Union of Wisconsin sent a letter to each school district administrator in the state specifically invoking the national and local controversy over “critical race theory” and attempts to limit its teaching. In that particular context, the letter “reminds” the districts of anodyne statutory directives to teach an “understanding of human relations, particularly with regard to American Indians, Black Americans and Hispanics” and that curricula should reflect “the cultural diversity and pluralistic nature of American society.”

The letter warns schools they can be sued for creating a racially hostile environment and notes they have a legal obligation “proactively to remedy and end any racially hostile environment in their schools.” That “will often necessarily include discussions of race.” It claims that undefined “culturally responsive” teaching will enhance the performance of racial minorities.

While the ACLU never says “teach CRT-derived concepts or else,” it takes little imagination to pick up that message. It’s as if the ACLU is saying, “Maybe there is no such thing as CRT in the schools, but there had better well be CRT in the schools.”

Critical race theory (CRT) is a quantum ideology: Now you see it; now you don’t. Its defenders tell us that it is, at most, an “academic theory” limited to law school musing and nowhere to be found in public schools. Except when they claim that schools must teach it.

On July 8, the American Civil Liberties Union of Wisconsin sent a letter to each school district administrator in the state specifically invoking the national and local controversy over “critical race theory” and attempts to limit its teaching. In that particular context, the letter “reminds” the districts of anodyne statutory directives to teach an “understanding of human relations, particularly with regard to American Indians, Black Americans and Hispanics” and that curricula should reflect “the cultural diversity and pluralistic nature of American society.”

The letter warns schools they can be sued for creating a racially hostile environment and notes they have a legal obligation “proactively to remedy and end any racially hostile environment in their schools.” That “will often necessarily include discussions of race.” It claims that undefined “culturally responsive” teaching will enhance the performance of racial minorities.

While the ACLU never says “teach CRT-derived concepts or else,” it takes little imagination to pick up that message. It’s as if the ACLU is saying, “Maybe there is no such thing as CRT in the schools, but there had better well be CRT in the schools.”

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ACLU ‘Waging War on Bill of Rights’ and Self-Defense by Declaring 2nd Amendment ‘Racist’

For years, the American Civil Liberties Union, ACLU, has chosen to stand against those who would attack our Constitutional rights. Even the Free Thought Project has been supported by the organization when a California sheriff attempted to force us to delete an article that was damning to his organization. Over the past several years, however, there has been a sort of rift happening inside the organization, with your right to self-defense right in the center of it.

While they have been vehemently fighting for the right of transgender athletes to compete in sports, the ACLU has largely chosen to remain silent on the Second Amendment. Though they have supported most every amendment in the bill of rights, their position on gun rights has remained ambiguous and nuanced — perhaps deliberately. But that all changed this week when they ran an article with an embedded podcast that claimed the Second Amendment is rooted in racism.

As Gleen Greenwald points out:

The ACLU is now waging war on the Bill of Rights.

ACLU’s position on the Second Amendment has always been nuanced: it’s an important constitutional protection, but one that’s collective, not individual.

Now they’re full on proclaiming parts of the Bill of Rights to be racist.

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ACLU Again Cowardly Abstains From an Online Censorship Controversy: This Time Over BLM

Whatever one’s views are on this particular censorship controversy, there is no doubt that it is part of the highly consequential debate over online free speech and the ability of monopolies like Facebook to control the dissemination of news and the boundaries of political discourse and debate. That is why Smith devoted his weekly column to it. And yet, when Smith approached the standard free speech advocacy groups for comment on this story, virtually none was willing to speak up. “Facebook’s usual critics have been strikingly silent as the company has extended its purview over speech into day-to-day editorial calls,” he wrote.

Among those groups which insisted that it would not comment on Facebook’s censorship of the Post‘s BLM story was the vaunted, brave and deeply principled free speech organization, the American Civil Liberties Union. “We don’t have anyone who is closely plugged into that situation right now so we don’t have anything to say at this point in time,” emailed Aaron Madrid Aksoz, an ACLU spokesman. Smith said “the only criticism he could obtain came from the News Media Alliance, the old newspaper lobby, whose chief executive, David Chavern, called blocking The Post’s link ‘completely arbitrary’ and noted that ‘Facebook and Google stand between publishers and their audiences and determine how and whether news content is seen.’”

How is it possible that the ACLU is all but invisible on one of the central free speech debates of our time: namely, how much censorship should Silicon Valley tech monopolists be imposing on our political speech? As someone who intensively reports on these controversies, I can barely remember any time when the ACLU spoke up loudly on any of these censorship debates, let alone assumed the central role that any civil liberties group with any integrity would, by definition, assume on this growing controversy.

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The Skokie Case: How I Came To Represent The Free Speech Rights Of Nazis

The First Amendment principles that apply to prior restraints are straightforward. While any effort to censor by punishing a speaker after the fact is likely to violate the First Amendment, preventing the speech ahead of time is even more likely to violate the Constitution, even where the anticipated speech is profoundly offensive and hateful. Central to the ACLU’s mission is the understanding that if the government can prevent lawful speech because it is offensive and hateful, then it can prevent any speech that it dislikes. In other words, the power to censor Nazis includes the power to censor protesters of all stripes and to prevent the press from publishing embarrassing facts and criticism that government officials label as “fake news.” Ironically, Skokie’s efforts to enjoin the Nazi demonstration replicated the efforts of Southern segregationist communities to enjoin civil rights marches led by Martin Luther King during the 1960s.

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ACLU Counsel Warns of ‘Unchecked Power’ of Twitter, Facebook After Trump Suspension

Alegislative counsel member of the American Civil Liberties Union (ACLU) warned Friday that the suspension of President Donald Trump‘s social media accounts wielded “unchecked power,” by Twitter and Facebook.

Kate Ruane, a senior legislative counsel at the ACLU said in a statement that the decision to suspend Trump from social media could set a precedent for big tech companies to silence less privileged voices.

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The Ongoing Death of Free Speech: Prominent ACLU Lawyer Cheers Suppression of a New Book

On Friday, Strangio’s very un-ACLU-like views of free speech were on full display. On Friday morning, Abigail Shrier — author of a new book exploring the rapid, massive increase in teenage girls self-identifying as trans boys and undergoing permanent gender reassignment therapies and surgeries in their teens — published an article in Quillette describing the extraordinary efforts by major corporations and various activists to prevent her book from being purchased:

The efforts to block my reporting have been legion, starting with staff threats at a publishing house, which quickly reversed its original intention to publish my book. Once I obtained a stalwart publisher, Regnery, Amazon refused to allow that company’s sales team to sponsor ads on its site. (Amazon allows sponsored ads for books that uncritically celebrate medical transition for teenagers)….

Because the book tackles an interesting phenomenon, a number of established journalists wanted to review it….[T]he issue has created surprising bedfellows. Religious conservatives are concerned about the trend—but so are lesbians, who look upon the shocking numbers of teen girls transitioning with abject alarm. Many suspect that all this transitioning of girls is effectively euthanizing a generation of young lesbians….In any case, every major newspaper and legacy magazine summarily turned interested journalists down. 

The recent protest by Spotify employees over Joe Rogan’s podcast was triggered in large part by his decision to invite Shrier onto his program. Many liberal employees inside the streaming service demanded this episode be removed. “Many LGBTQAI+/ally Spotifiers feel unwelcome and alienated because of leadership’s response in [Rogan’s] conversations,” was one of the questions posed to Spotify’s CEO at a tense staff-wide meeting, along with a demand to know why that program had not been deleted from the platform. 

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