What It Looks Like
Jeffrey Sachs↱ explains the basic summary:
It has been an extraordinary month for educational gag orders. Over the last three weeks, 71 bills have been introduced or prefiled in state legislatures across the country, a rate of roughly three bills per day. For over a year now, PEN America has been tracking these and similar bills. This is where things stand today.
• Since January 2021, 122 educational gag order bills have been introduced or prefiled in 33 different states
• 10 have become law in 9 states
• 88 are currently live
Of those currently live:
• 84 target K-12 schools
• 38 target higher education
• 48 include a mandatory punishment for those found in violation
The quick take for
social media↱ includes a particular detail: "Over the last three weeks, 71 educational gag orders (aka 'anti-CRT bills') have been introduced or prefiled. That's more than half of 122 proposed since January 2021." It is discernible in the PEN America article, but sometimes the concise point makes the point: This is not some phenomenal trend occurring across the American political spectrum, but, rather, a momentum occurring almost entirely within a particular, limited political range. In American parlance: This isn't a bothsides thing.
But history is complicated, and can seem messy. For instance, thinking back through various complaints, from the contemporary outcry against "cancel culture", all the way back to a yesteryear bawling about "political correctness", the underlying commonality is that they are
countercomplaints, or even
counterrevolutionary complaints, and inasmuch as any of those complaints were ever to be construed on behalf of free speech, it seems worth observing that these gag order bills styled against "Critical Race Theory" happen to coincide with the sympathies of those countercomplaints.
And if we need any more of an injection of American traditionalism, Indiana HB 1040, which smacks of both the anti-gay state ballots of the 1990s, and the Red Scare of the 1950s. Sachs explains:
After rattling off a similar list of prohibited ideas, it mandates that teachers adopt a posture of impartiality in any conversation about controversial historical events. But it then goes on to state that in the run-up to a general election, students must be taught that:
Socialism, Marxism, communism, totalitarianism, or similar political systems are incompatible with and in conflict with the principles of freedom upon which the United States was founded. In addition, students must be instructed that if any of these political systems were to replace the current form of government, the government of the United States would be overthrown and existing freedoms under the Constitution of the United States would no longer exist. As such, socialism, Marxism, communism, totalitarianism, or similar political systems are detrimental to the people of the United States.
Such a mandate for a public school teacher is alarming enough in its own right. But requiring that teachers deliver these lessons while also maintaining a posture of impartiality is positively farcical. Or at least it would be, if the consequences of failure – in this case, civil suits, loss of state funding and accreditation, and professional discipline up to and including termination – were not so dire.
Many of Indiana’s bills feature such extreme penalties. In addition to HB 1040, two others threaten teachers with termination. Six include a private right of action. And three would punish schools by cutting them off from all state tuition dollars and levying a fine of up to $10,000 per student subject to the violation.
Or HB 1231, which "prohibits teachers from 'introducing any controversial subject matter or current event germane to the subject matter being taught'", though that is likely a typographical error, but by language of the bill, "schools would be prohibited from urging students to join a particular 'political affiliation, ideology, sectarian [sic], or religion'", and that would include private schools, "like Calvary Lutheran, Faith Community Christian, and St. Barnabas". Sachs suggests, "such mistakes are a persistent feature of this year’s bills".
And 1231 includes a "transparency" section, and this is something speech advocaccy groups like PEN America are just starting to wrap their heads around:
For the most part, these bills mandate that schools post the titles and authors of all curricular materials on a publicly accessible website. Some also require schools to provide copies of those materials and to allow parents to opt their children out of any assignment or lesson they find objectionable, creating a kind of à la carte public education. Still others would impose on teachers a duty to inform parents if their child displays signs of “gender nonconformity” or seeks to join a student club “involving sexuality, gender or gender identity.” With these bills, parental control expands to the point where teachers’ discretion disappears.
Other bills seek to achieve transparency through on-the-job surveillance. In Florida, one lawmaker recently introduced legislation that would allow parents to scrutinize video recordings of their children’s classrooms for signs of “critical race theory.” Another in Mississippi wants to stream them live over the internet. And at least two bills in Missouri propose letting members of the public attend teachers’ professional development workshops. The entire effort seems designed more to intimidate teachers than ensure they deliver a quality education.
Yet even compared to all the foregoing, Indiana’s HB 1231 is special. In addition to the website, it would also require schools to permit a taxpayer (not parent, but taxpayer) to “observe classroom instruction at any time requested by the taxpayer.” Schools may limit the number of observers present in a classroom, but only if “the number of taxpayers present to observe the class exceeds five.” Even at the best of times, this provision would be grounds for concern. These are not the best of times.
In a way, none of this is especially surprising. The sloppy blatancy of it all, in its American context, means they're
really pissed off, this time, so it is kind of an impressiveley seething lack of subtlety. But for as much is the same as it ever was, the plainly apparent point is that the lamentations about political correctness, and antiliberal pretenses against elitism, really were as much about American traditional supremacism as it seemed.
There is a saying, a seemingly easy and conventional joke, that someday we might look back at all this and laugh, together. But there are a couple important conditions generally left unspoken, in part because they ought to be obvious. In order for rivals or disputants to look back and laugh at their own triviality in a dispute, that trivial aspect must actually be real. The other important point is that whatever it people are supposed to look back at and laugh about needs to be in the past, a circumstance that is generally finished. But that's the thing: When will this part be over?
Think of it, even at our community scale: There is a joke I refer to as
blaming the penguin↗, and it has to do with the idea that the fact of opposition somehow forces people to support what it opposes. One of my favorites from around here has to do with Barack Obama somehow forcing good, nonracist people to say racist things; another I nearly can't explain, that Trump voters were somehow victimized into voting for Trump because some liberal somewhere offended their sensibilities. Compared to the world at large, it's much akin to self-professed slow learner James Lindsay's anti-feminism, and not unrelated to Doc Peterson's flirtation with enforced monogamy.
And if life provides examples, then some details are inevitabilities of time passing, and if part of the question is to wonder why the complaint against "cancel culture" seems so quiet about certain censorship, it is at least arguable that was always the point, and, more particularly, at least one prominent critic of cancel culture has
emerged in recent days↱ openly legitimizing censorship. No wonder the Harper's Letter organizers didn't―... er. never mind.
Nothing about this should surprise anyone, but that would also mean there are plenty who are anxiously pretending to not be looking for an excuse for having lent their scolding sympathy to supremacism along the way. Come on, we all knew the whole time, but apparently it was somehow unfair and elitist and evil censorship if we didn't clear the deck for the censors.
____________________
Notes:
@JeffreyASachs. "BREAKING: Over the last three weeks, 71 educational gag orders (aka "anti-CRT bills") have been introduced or prefiled. That's more than half of 122 proposed since January 2021. And they're getting worse." Twitter. 24 January 2022. Twitter.com. 24 January 2022. https://bit.ly/3o3Ondo
@JuddLegum. "Surprise! Self-proclaimed free speech champion @ggreenwald is fine with the right-wing push to legislatively ban 'Critical Race Theory' because, he says, censorship is not something that can exist in schools …". Twitter. 29 January 2022. Twitter.com. 3 February 2022. https://bit.ly/3s2caeL
Sachs, Jeffrey. "Steep Rise in Gag Orders, Many Sloppily Drafted". PEN America. 24 January 2022. PEN.org. 3 February 2022. https://bit.ly/3rW5Vci