The Problem with Symbolic Legislation

This essay by Ronald J. Krotoszynski Jr. makes the relatively uncontroversial point that the laws recently passed in Idaho and Oklahoma banning the teaching of critical race theory in public colleges and universities are unconstitutional. Both a veritable mountain of Supreme Court precedent along with constitutional common sense suggest that this would be the case. A serious commitment to public education is simply incompatible with legislation that directs what can and cannot be taught. Although Krotoszynski cites a long history of Supreme Court precedent suggesting that’s the case, I think most of us would know this simply by consulting our … Continue reading The Problem with Symbolic Legislation