In recent days, there's been a flurry of articles by cons seeking to set some guardrails on how states go about banning "CRT" and related books. They support the bans in principle, but for strategic reasons, worry that they might be going too far.

They are right to be worried.
E.g. Max Eden dismisses leftwing critics of these bills as witless hysterics, but then concedes that Tennessee's law, which bans the *inclusion* of certain concepts, might be a smidge of an over-reaction.

aei.org/research-produ…
He can add Oklahoma's to that list too, since it has the exact same defect. Also ND's, which was signed into law last month. Maybe not such witless hysterics after all.

If only someone had tried to warn them way back in June that this might be a problem!

arcdigital.media/p/laws-aimed-a…
Of course, it didn't help that Chris Rufo was flat out lying about these bills in places like WSJ. But never fear. I'm sure we can trust him going forward.

wsj.com/articles/battl…
All of this does raise the question of why, when victory is finally in sight, folks like Kurtz and Eden are suddenly raising some gentle objections about what these bills do or how they do it. It's simple: They know what's coming, and they know how crazy it is going to be.
For instance, I wrote about a new bill out of South Carolina this week for @PENamerica. It has to be seen to be believed, but here's a taste.

pen.org/scope-speed-ed…
@PENamerica Or look at this bill prefiled in Missouri last week. It forbids K-12 schools from assigning any material that teaches the following.

Does "institutions" here include slavery? What does this bit about "income" mean for assigning Dorothy Day or Steinbeck?

legiscan.com/MO/text/HB1634…
@PENamerica Oh, and it applies to higher ed too. Public and private.
@PENamerica A new bill in Oklahoma (also prefiled last week) explicitly *requires* teachers and university professors to lie to their students about American history. I'm not making this up!

webserver1.lsb.state.ok.us/cf_pdf/2021-22…
@PENamerica This is clearly crazy, but that's just it. There's no getting off the crazy train once it's in motion. Not without making things politically painful for the legislators at the control switch, which is something Kurtz, Eden, and the rest are neither able nor willing to do.
@PENamerica And so we should expect more. A lot more. Hell, a New York assemblyman just introduced one yesterday. It's less insane than the bills above, but contains that exact same "inclusion" problem Eden ever so gently cautions against. Max, caution harder!

nysenate.gov/legislation/bi…
@PENamerica This brings to a grand total of THIRTY-FOUR bills either introduced or prefiled for the next leg. session. Something will probably pass in Wisconsin and Ohio soon, and Florida won't be far behind. PEN has an up-to-date Index of all these bills here.

docs.google.com/spreadsheets/d…
@PENamerica Journalists, pay attention to what's happening. It is, unfortunately, poised to get much, much worse. And probably the only way to push back against it is to highlight just how outrageous some of these bills really are.
@PENamerica For more on new bills, trends and analysis, that sort of thing, be sure to check back at @PENamerica. I'll be providing monthly round-ups like this one for all things anti-CRT. Unfortunately, I doubt I'll run out of new things to say.

pen.org/scope-speed-ed…

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More from @JeffreyASachs

14 Dec
Kurtz is right. The book bans are a terrible look for the anti-CRT crowd and a potential political liability. But they'll also be hard to stop. That's why you don't partner with bigots or zealots. It's why you use careful and moderate language. Oops.

nationalreview.com/corner/dont-ba…
Maybe I'll be proved wrong about this, but I doubt there's going to be any easy way to get this genie back in the bottle. And on top of the book bans, some of the legislation coming down the pike take a sledgehammer to academic freedom. It's bad.
Whatever control Kurtz, Rufo, etc. think they have over this process, they're wrong. Too many state legislators have too strong an incentive to race toward the craziest extreme. It's popular. That's all there really is to it.
Read 4 tweets
12 Dec
People regularly overestimate the extent of legal accountability for Germans after the war, in Nuremberg or just in general. The vast majority at all ranks went unpunished. They got away with it.
Justice was the exception.
In rare circumstances, but the real reason is much worse. Most prosecutable under GDR or FRG law lived out there days in Germany, unmolested and unconcerned. Cases from victims usually faced massive official resistance.
Read 6 tweets
10 Dec
Great piece from @WillatFIRE on the new wave of library book bans and how to fight it.

thefire.org/to-protect-sch…
@WillatFIRE He also links to this good one from @powellnyt on what's going on in Texas. There's no soft-peddling this one. What's happening there is genuinely terrifying.

nytimes.com/2021/12/10/us/…
@WillatFIRE @powellnyt This was inevitable. Image
Read 4 tweets
2 Dec
Last May, North Dakota passed a law punishing universities and faculty who promote abortion. The state AG is now trying to explain why this law is constitutional. As ⁦@adamsteinbaugh⁩ explains, he is not successful. thefire.org/north-dakota-a…
None of this happened in secret, by the way. It was all right there out in the open. Image
Are you faculty at an ND university? I suggest inviting someone to give a pro-Roe lecture. A student? Try forming a pro-choice club that meets on campus. Let’s test this out. Image
Read 6 tweets
25 Nov
Allyn Walker, the ODU prof who was criticized for their comments and scholarship on pedophilia, has resigned. They required an armed escort to safely get off campus.

pilotonline.com/news/education…
This is quite the coup for Ted Cruz, Tucker Carlson, and the rest of that crowd. For weeks now, they'd been hounding Walker and demanding their termination. But here's the reality: scholarship like Walker's is precisely the sort of thing academic freedom exists to protect.
Unfortunately, there has been a HUGE amount of misinformation about Walker's research and commentary. Also quite a bit of transphobia too. In the end, it seems to have been too much.
Read 6 tweets
24 Nov
I attended a conference last week at AEI on free speech and one of the presenters was Rodney Smolla, an impossibly funny and interesting man. Dean of Delaware Law School, SCOTUS lawyer, defamation attorney to the stars. Anyway, he described an interesting problem in 1A doctrine.
Suppose I falsely refer to you as being trans. You're a celebrity and feel that I am defaming you in a way that's hurting you financially (e.g. by costing you customers or fans). So you sue me.
Here's the question, which I'm sure every lawyer on Twitter knows about but was new to me:

When the court evaluates your suit, it has to determine whether my speech is likely to have hurt your reputation in some people's eyes. But by what standard? A bigot's?
Read 6 tweets

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