Florida governor Ron DeSantis has been grabbing national headlines with his relentless attacks on so-called “woke”. In addition to his Stop-Woke (Wrongs to Our Kids and Employees) Act, which prohibits educational institutions and businesses from teaching students and employees anything that would cause anyone to “feel guilt, anguish or any form of psychological distress” due to their race, color, sex or national origin, he has barred University of Florida professors from giving evidence against the state’s voting law, claimed that professors at public colleges have no right to freedom of speech, and organizing a “hostile takeover” of the New College of Florida, one of the best liberal arts colleges in the country. But he is far from the only Republican politicians to attack the education system.
UCLA Law School’s CRT Forward Tracking Project has tracked 567 anti-critical race theory (CRT) efforts introduced at the local, state, and federal levels. According to the World Population Review, there are currently seven states that have banned CRT, while another 16 states are in the process of banning it. That constitutes almost all states with a Republican governor. While CRT is a highly specific academic theory that is almost exclusively taught at some law schools, the anti-CRT laws are incredibly broad and vague and target all levels of education. In my state, Georgia, House bill 1084 bans the use of so-called “divisive concepts” (eg race and gender) from teaching and, although it includes several exceptions and stipulations, these are so broad and vague that many teachers will simply stay away from these “divisive concepts”.
Although all bills explicitly ban the teaching of classic racism, ie that “one race is superior to another race”, they also ban the teaching of institutional or structural racism, ie the idea racial discrimination is not just the consequence of a few racist individuals (“bad apples”) but that it is structural, engrained in the country’s key institutions – from election laws to law enforcement. The idea is simple: if kids are not taught about institutional racism, and the white supremacy it upholds, they won’t question it later when they are voters. As Orwell knew, historical revisionism is always a project for the future.
Both legal professionals and laypersons have noted that “the bills are so vaguely written that it’s unclear what they will affirmatively cover”. This is not because of incompetence or oversight but by design. The vagueness serves, at least, two goals. First, and foremost, it makes the laws hard to interpret, which leads those targeted (from teachers to principals) to be extra cautious. Second, the vagueness provides deniability, both to the courts and to more moderate supporters. In fact, the prime goal is not for the state to censor teachers and schools but for them to self-censor. That is why it was only a minor setback when a Florida judge struck down the “Stop Woke” law, calling it “positively dystopian”. Across the state, teachers and universities had already started to self-censor. For instance, the University of Central Florida (UCF), the state’s largest university, removed all anti-racist statements from departmental websites, while several of its professors decided to cancel scheduled courses on race out of fear of breaching the “Stop-Woke” law.
Although most of the current laws are targeting public institutions in Republican-controlled states, they are part of a national agenda. In his first speech as re-elected House speaker, Kevin McCarthy pledged to fix “woke education indoctrination in our schools”, while former President Donald Trump has made the “issue” a priority for his 2024 campaign. Building upon the misguided ideas of his 1776 Commission, whose work was cut short by Trump’s lost re-election bid, the former president not only wants to stimulate “patriotic education” but also cut federal funding for any school or program that includes “critical race theory, gender ideology, or other inappropriate racial, sexual, or political content on to our children”. And, make no mistake, university administrators will not risk losing millions of federal funding for a “gender” or “race” class, not even at the private Ivy Leagues in solidly blue states.
The recent Dobbs ruling has shown once again that “states’ rights” are not a Republican principle but a defensive, and temporal, strategy to fight off the federal state until they have re-established federal power themselves. We cannot expect individual schools and teachers to fight this battle alone. We also shouldn’t expect the educational establishment to stand up for academic freedom, as was made clear by the recent decision of the College Board, which stripped down its AP curriculum for African American Studies to appease DeSantis.
To counter the highly organized conservative attack, we need a concerted and integrated campaign from all individuals and organizations that support academic freedom and liberal democracy, from the AAUP to the ACLU, and we need it sooner rather than later, as the damage is already being done – one in four of all teachers across the country have already altered their lesson plans due to anti-CRT laws. After all, as Orwell has taught us, how we see the past determines our future!
• This article was amended on 6 February 2023. An earlier version incorrectly said that House bill 1084 prohibited schools from “promoting concepts such as tolerance, mutual respect, cultural sensitivity, or cultural competency”.
Cas Mudde is a Guardian US columnist and the Stanley Wade Shelton UGAF professor in the school of public and international affairs at the University of Georgia
