Dog Whistle Politics and the Myth of Critical Race Theory in the Schools

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By Dr. Bridgette Baldwin

The idea of a “dog whistle” functions by using terms that hold a double meaning. To one group the term may mean one thing, but to another, it suggests something completely different. Most powerfully, dog whistle terms have the power to express negative racial undertones while claiming that the message is racially neutral. Critical Race Theory (CRT) has become the new dog whistle―pitting conservatives against CRT based on the myth that this legal framework is being taught in K-12 public schools. However, the most amusing thing about this controversy is that most people who complain about CRT don’t even know what it is.
CRT is being accused of teaching children to hate others because of skin color, of being anti-White and anti-American. How did this fire get ignited? Journalist Christopher Rufo has suggested elites are, “seeking to reengineer the foundation of human psychology and social institutions through the new politics of race…‘cancel culture’ is a vacuous term and doesn’t translate into a political program; ‘woke’ is a good epithet, but it’s too broad, too terminal, too easily brushed aside. ‘CRT’ is the perfect villain.” It is under this pretext that society has been bamboozled into believing that CRT is being taught in the K-12 curriculum.
The anti-CRT mobilization has been swift. Donald Trump issued executive Order 13950 to ban teaching “divisive concepts,” states passed laws and introduced bills banning CRT in schools, and school board meetings have been taken over by parents alleging CRT indoctrination. However, most have no idea what CRT teaches. And the concept has served as a catchall to prevent any classroom discussion of not just racism, but also homophobia and sexism in this country. Full disclosure, I am a law professor and I teach CRT. It is a legal framework, a law school course, that explores the relationship between the law, race, racism, and power. While CRT may engage in some of the same issues as perhaps a history course, it is not a lesson in history of U.S. race relations. Most specifically, CRT looks at the legal system and exposes the myth of race neutrality in the application of the law as it applies to the criminal justice system, housing, voting, civil liability, and other institutions. CRT identifies how racism is embedded within our institutions through laws, policies, and practices, without regard to the individual intentions of good people.
The Three-fifth clause of the Constitution is a perfect example. The Constitution states that any person who was not free would be counted as three-fifths of a person for establishing political representation in the states. This policy benefited slaveholding states with smaller white populations. Slavery no longer exists today, but we still govern how political representation works based on its legacy.
Even more disturbing than a lack of understanding around CRT, is the suggestion that this legal framework is the same thing as diversity, equity and inclusion (DEI) efforts in the schools. In a recent conversation on the Nextdoor.app, one conservative discussant, from the local Springfield community, indicated “The tenets of CRT are being integrated into K-12 curriculum as ‘diversity, equity, and inclusion’ training for teachers and ‘social emotional learning’ or ‘culturally responsive teaching’…DEI is CRT in practice. DEI is in K-12 schools… DEI is 100% based on the tenets of CRT.”
There is a vast distinction between CRT and DEI. The equity aspect of DEI recognizes that structural or institutional inequalities have legacies, and they continue to shape the present. Therefore, the only way to achieve equity is by putting policies in place to address existing inequities among women, the disabled, LGBTQ community, and communities of color. While “culturally responsive teaching” might be a part of the K-12 curriculum, this is not CRT. There is no conspiracy to indoctrinate children. CRT does not shame white folks. It identifies how the U.S. legal system was created in a nation governed by slavery, Jim Crow, and de facto racism. CRT is a legal course and legal theory and is not taught in any K-12 school in the United States. (emphasis added by the editor) ■

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