1. Across the country, inspired by Trump, Republican legislators have passed laws restricting how teachers can discuss race and gender
This week, a federal judge struck down one such law as unconstitutional, citing the experience of a high school teacher who showed her class the music video for Beyoncé's Formation
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This week, a federal judge struck down one such law as unconstitutional, citing the experience of a high school teacher who showed her class the music video for Beyoncé's Formation
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2. In 2021, New Hampshire Governor Chris Sununu (R) signed a new law, modeled after a Trump executive order, that prohibited government employees, including public school teachers, from promoting "divisive concepts."
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popular.info/p/judge-defend…
3. The law was passed in response to a panic about Critical Race Theory infiltrating schools.
But instead of banning CRT and related concepts like structural racism and implicit bias, the law banned instruction on a series of vague and inscrutable topics
But instead of banning CRT and related concepts like structural racism and implicit bias, the law banned instruction on a series of vague and inscrutable topics
4. The law, however, does not define key terms. Does a classroom discussion of various views count as "instruction"? Does a lesson on affirmative action violate the ban on instruction suggesting a person "should be discriminated against… solely or partly… because of his or her… race"? Teachers were left to guess.
5. Teachers who violated the new law could have their license revoked, ending their careers
A number of educational groups sued. On Tuesday, a federal judge struck down the law as unconstitutionally vague, saying it violated the 14th Amendment
popular.info/p/judge-defend…
A number of educational groups sued. On Tuesday, a federal judge struck down the law as unconstitutionally vague, saying it violated the 14th Amendment
popular.info/p/judge-defend…
6. The judge cited the experience of New Hampshire high school teacher Alison O’Brien.
O'Brien showed her class two music videos “Formation” by Beyoncé and “This is America” by Childish Gambino — as part of a unit on the Harlem Renaissance.
O'Brien said she showed the videos as part of a lesson where students "listen to Strange Fruit by Billie Holiday, read poetry, and study paintings by Harlem Renaissance artists."
Then, O'Brien asked the students if they saw "any connections between these two modern music videos and the art and culture of the Harlem Renaissance." O'Brien explained in a declaration filed as part of a lawsuit that using "modern examples of artists that students are aware of helps them to make connections to historical events such as the Harlem Renaissance in a manner that is relevant to them so they can better understand, analyze, and critique the information."
O'Brien showed her class two music videos “Formation” by Beyoncé and “This is America” by Childish Gambino — as part of a unit on the Harlem Renaissance.
O'Brien said she showed the videos as part of a lesson where students "listen to Strange Fruit by Billie Holiday, read poetry, and study paintings by Harlem Renaissance artists."
Then, O'Brien asked the students if they saw "any connections between these two modern music videos and the art and culture of the Harlem Renaissance." O'Brien explained in a declaration filed as part of a lawsuit that using "modern examples of artists that students are aware of helps them to make connections to historical events such as the Harlem Renaissance in a manner that is relevant to them so they can better understand, analyze, and critique the information."
7. A parent filed a complaint, saying that O'Brien violated New Hampshire's "divisive content" law. The parent claimed the music videos were "offensive," too focused "on the oppression of just one group," and were "not a balanced view of history.”
8. O'Brien was summoned to the principal's office in the middle of one of her classes and told she was under investigation by the state Department of Education.
For "context" she was handed a printout of an op-ed written by New Hampshire Education Commissioner Frank Edelblut.
For "context" she was handed a printout of an op-ed written by New Hampshire Education Commissioner Frank Edelblut.
9. In the op-ed, Edelblut does not actually discuss the divisive concepts law. But Edelbut asserts that certain "activist educators" are "knowingly dismantling the foundations of a value system" built by parents. Edelblut's op-ed linked to a 68-page document of emails, classroom materials, and text messages that he says are examples of inappropriate classroom instruction. There is no explanation of how any of this relates to New Hampshire law.
10. The investigation into O'Brien became known to her colleagues. One "decided not to show a clip from a popular TV show because she did not want to face the same kind of scrutiny." O'Brien never heard anything further from the Department of Education or received an explanation as to why the videos might have violated the law.
11. The judge ruled that the law was unconstitutional. He said it represents "viewpoint-based restrictions on speech" but does not "provide either fair warning to educators of what they prohibit or sufficient standards...to prevent arbitrary and discriminatory enforcement."
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12. If other judges agree with his analysis, it could have broad implications. Similar laws have been passed across the country.
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