Forthcoming in September 2024
Abstract:
Recently, many conservative politicians have launched state propaganda campaigns against college and university professors who articulate and defend progressive positions, accusing them of teaching Critical Race Theory (CRT) in an effort to demonize “White” people and make European American students feel ashamed of being “White.” While there is no evidence of such a cabal, many Republican state legislatures have passed prohibitions against teaching Critical Race Theory in K-12 public schools and in public colleges and universities. Like the loyalty laws during the Red Scare, the anti-CRT laws violate academic free speech and freedom of association. Therefore, I argue that college and university professors ought to sue states that pass anti-CRT laws. The case of Pernell et al v. Florida Board of Governors in which college students and professors sued the state successfully gives me reason to think that such an approach will be successful. However, in light of the Supreme Court’s willingness to overturn fifty years of precedent in the case of Dobbs v. Jackson Women’s Health Organization, professors cannot simply rely on the courts to protect academic free speech and freedom of association. For this reason, I conclude that we must become civically engaged, organized, and force Congress to pass bills protecting academic free speech and freedom of association. This will ensure that professors are not punished or fired for what they teach, lecture on, or publish.
