A Liberal
Dose
March 31,
2022
Troy D.
Smith
“Divisive
Concepts” Bill: Who Is Being Divisive?
Conservatives around the country have been twisting
themselves in knots over “critical race theory” for a year-and-a-half now, even
though very few of them actually know what it is. As I described in a column
last year, CRT is a concept taught in law schools and grad schools, and
sometimes in upper division college courses, that examines the way race and the
law have been intertwined in U.S. history. Practically no one outside those
classes had ever even heard of the term until the fall of 2020, when then-president
Trump happened to see someone complaining about it on Fox News, and decided the
next day to issue an order to ban it in all government training and encouraging
his supporters to try to ban it outright. Just a week or two ago, he was
telling people to lay down their very lives to stop it.
From that moment on, his supporters have been obsessing
about both that theoretical approach and the New York Times “1619 project,” which focuses on the foundational
role of slavery in early U.S. history (and, by implication, the role racism has
played since). Most people upset about the very existence of these historical
perspectives have conflated a whole bunch of things under one umbrella -all of
them things which make some people uncomfortable to talk about, or which make
some white people feel like someone is trying to make them feel guilty or
single them out for blame… concepts like white privilege, implicit or
unconscious bias, and structural racism.
As a result, several red states have passed laws banning such
concepts from being remotely approached in schools. Many of those state laws,
from the outset, applied to both K12 and college. When Tennessee passed such a
law last year, though, it did not apply to higher education, only K12. I
figured it was only a matter of time until they went for the universities, and
I was right. A bill doing so passed the state house of representatives at the
beginning of this month, and passed the state senate on March 21st.
Like other such bills around the country, it does not specifically
say “critical race theory” -no doubt because that is such a highly specialized
approach that is actually only used in a small percentage of college classes
-and has much broader language. It bans so-called “divisive concepts” like
those I mentioned a couple of paragraphs ago. It also includes anything that could
make anyone “feel discomfort, guilt, anguish, or another form of psychological
distress.” Talk about snowflakes. Of course, any frank and honest discussion of
history can do all of those things, and probably should. It also bans anything
that “promotes or advocates division between, or resentment of, a race, sex” or
other group. How do you define promoting division or resentment? Many people
would claim that simply talking honestly about racism could potentially do
those things -so it should not be done.
According to this bill, soon to be law, any student who gets
a bad grade on a paper or exam because they did not agree with what the
professor is teaching (on an emotional, not a factual, level), can sue the
professor. The professor could then be written up on the first offense and
fired on the second, regardless of tenure. The senators favoring the bill did
admit that, unlike K12 teachers, professors are guaranteed academic freedom so
they can’t be told what to say or teach… but they can face the aforementioned
consequences if they do, which make the point moot.
The intent of this bill is to frighten professors into
avoiding any frank and honest discussions about race and gender… or, as one
senator said, to make sure they give a more “balanced” view of slavery and the
Trail of Tears. It will backfire, as it cannot hold up in court. And, believe
me, that’s where it’s going.
--Troy D.
Smith, a White County native, is a novelist and a history professor at
Tennessee Tech. His words do not necessarily represent TTU. Although, in this
case, they do represent the view of the entire history department.
Author's website: www.troyduanesmith.com