This post was written by Ian O’Byrne. You can read more about Ian at the bottom of this post.

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In recent years, there has been a growing trend of anti-truth legislation being introduced at the state and local levels. These bills often target discussions of race, gender, and other sensitive topics in public schools. While framed as bans on teaching Critical Race Theory (CRT) or LGBTQ issues, legislation such as this is ultimately a ban on truth and history that impinges on K-12 educators’ First Amendment rights and threatens to upend the structure of education law and policy. As educators, it is important to be aware of these bills and to take steps to advocate for the right of all students to learn about the full and accurate history of our country.

A recent example

This past year, the South Carolina Transparency and Integrity in Education Act (H.3728) sought to prohibit “certain concepts from being included in public school instruction and professional development” and to provide a means for addressing violations. The bill wanted to prohibit the teaching and training on concepts related to race, religion, politics, gender, gender identity, and sexual orientation. Supporters suggested it’s a way to stick to state education standards while opponents say it opens the door to censorship. 

It is important to note that this is one of many anti-truth pieces of legislation that we’re seeing across the country.    

This legislation is organized and funded by groups like the Heritage Foundation as they provide templates to allow lawmakers and copy/paste into bills. Review the CRT legislation tracker from the Heritage Foundation here.  

Anti-Truth Legislation and the First Amendment

Anti-truth legislation refers to laws that restrict or prohibit the teaching of certain historical or factual information, which can be seen as a violation of the First Amendment rights of K-12 educators and students.

The First Amendment to the United States Constitution protects the freedom of speech, religion, press, assembly, and petition. In the context of this post, the First Amendment applies to the constitutional protections afforded to K-12 teacher speech and the potential violations of those protections by anti-truth laws. Anti-Truth laws impinge on K-12 educators’ First Amendment rights by restricting or prohibiting the teaching of certain historical or factual information, which can be seen as a violation of the freedom of speech.

I understand that legislation such as this serves as a chilling effect on educators and students. Not many educators at this point are challenging these laws on First Amendment grounds. This may be due to teachers not wanting to test these boundaries, due process, or established legal precedents.

In the tumultuous landscape of modern education, book bans, stifling class discussions, and curtailed written work have emerged as alarming consequences of anti-truth legislation. As educators grapple with navigating these challenging times, the very essence of intellectual freedom is put to the test. Book bans, often driven by ideological agendas, limit students’ access to diverse perspectives and critical thinking, hindering their ability to develop a well-rounded understanding of complex issues.

Likewise, stifling class discussions on controversial topics suppresses the exchange of ideas, hindering the development of open-mindedness and empathy. Concurrently, stringent restrictions on written work can restrict students’ creativity and force self-censorship, stifling their growth as independent thinkers. In the face of anti-truth legislation, educators and advocates must unite to safeguard the fundamental pillars of education, fostering an inclusive, truth-seeking environment that empowers students to become informed, engaged citizens ready to navigate a complex world.

What can you do?

One of the most important things that educators can do is to stay informed about anti-truth legislation in their state and local area. There are a number of organizations that track this legislation and provide resources for educators, such as the Education Law Center and the American Civil Liberties Union. This spreadsheet from PEN America helps keeps track of these bills. Once you are aware of the bills that have been introduced, you can take steps to educate your community about the importance of these issues.

Another important step is to interact with policymakers, school boards, and parents. This can be done by writing letters, attending public meetings, and speaking out at school board meetings. It is important to be respectful and to present your arguments in a clear and concise way. You can also encourage your students to get involved in advocacy efforts.

It is important to remember that the First Amendment protects the right to free speech. This means that schools cannot censor discussions of race, gender, or other sensitive topics simply because some people find them uncomfortable. If you believe that your school is violating your First Amendment rights, you should contact the American Civil Liberties Union, The ProTruthSC Coalition, SC United for Justice and Equality, or another organization that can provide legal assistance.

This protection extends not only to educators but also students in schools. Students could challenge these broader laws by arguing they have a First Amendment right to take in lessons and information from schools.

Advocacy and activism can be challenging, but it is essential to protect the right of all students to learn about the full and accurate history of our country. By staying informed, interacting with policymakers, and educating your community, you can make a difference in the fight against anti-truth legislation.

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Photo by Rod Long on Unsplash

This post is written by Tori Young. Read more about Tori at the bottom of this post.

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As educators, we are masters at adapting to new scenarios and thinking on our feet. Whether it is behavioral challenges in the classroom, changing grade levels or content areas, or being told a new acronym that will guide our students to academic achievement. While the patterns stay the same, change remains the one constant in our world. In a time of attention on literacy policy in our public schools, what do we do as educators when our curriculum is criticized, and our livelihood is on the line? And how do we engage students in the process of not only understanding the necessity to examine policies but also how to do this and why?

In secondary history, many communities have questioned the intentions behind the curriculum presented. Talks of Critical Race Theory and indoctrination have instilled fear in parents and policymakers for the minds of students as they become passionate voices in movements for climate change, women’s rights, and racial equality. As teachers, the impact we have on a student is apparent, and sadly there are few enough instances of teachers abusing that role to teach their own agendas. In a time of great societal change and political bipartisanship, parents have expressed their concern for their children’s beliefs being influenced. As teachers, a lot of this skepticism falls upon us, even though forceful influence is very rare to see and is quickly reprimanded. Yet, we fall victim to the fear for our careers when discussing important, yet sensitive issues. Fear is valid, even if it is a small number that has created cause for concern. Fear should not prevent us, however, from doing our job of teaching true history.

True history is based on facts and first-hand accounts. Primary sources are the best accounts we have of our world before modern media, but a good historian is aware that these diaries and newspaper articles are just as full of bias. Our role is to teach students how to spot perspectives through context and draw their own conclusions based on facts. This skill is what makes not just a good historian, but a great citizen. Evaluating the world and the policies that impact our lives through an unbiased narrative is nearly impossible. Teaching students how to maintain their own beliefs, while also educating themselves with facts and truths is far from indoctrination. Instead, it is the foundation of a true democracy. Our republic is made up of diverse cultures, lifestyles, and needs. Raising a voting population that can make change for their communities while respecting the various opinions and preferences of other citizens is what makes a democracy free and fair. When teaching tough subjects such as religion, slavery, and civil rights, have students follow up the lesson with reflection. Depending on the classroom environment, it may be good to have a discussion so that students can hear and learn from each other’s perspectives. In some cases, it may be beneficial to have students write down their beliefs and receive unbiased feedback from the teacher to ensure that they understand the content while knowing that their views are validated and safe in the classroom.

As policies in schools change, students do not always have the context. By pointing out instances in history where similar changes have occurred, showing the verbiage of standards and indicators, and creating discussion in the classroom about policy that impacts students directly, they are practicing this critical thinking skill.  By questioning the “why” behind literary policy in our social studies classrooms, students can come to their own conclusions based on the facts and their personal beliefs. This may look like having students recall a previous reading from a social studies or ELA class and having them reflect on the overall message of the author. Then, students can share with a partner what they found and try to spot context – why the author thought the message would be important. Lastly, students can analyze the impact if that message was never received. For example, if George Orwell’s 1984 was never written, would there still be people who believed that the government was completely trustworthy? Why would it matter to question the government? Where do we see examples in history where questioning the government has created change? How might the world be different if governments were never doubted or challenged? Our curriculum may be judged and altered to fit the new narrative of society, but it does not have to be a hindrance. We are always living in history; the context just looks a bit different.

Schools have been at the forefront of societal change several times in United States history. Challenging separate but equal through Brown v. Board of Education, questioning religious influence in curriculum with the Scopes Trial, or providing equal opportunities regardless of gender with Title IX, schools have been an environment for questioning society and legislation as the new generation learns about the world that they live in. Having schools targeted and subdued for speaking true history is not a new phenomenon, and it is not a purely American phenomenon. That does not make the changes and adapting any less scary for educators, but it does follow a pattern. Studying history helps us learn from patterns, so don’t panic. Instead, acknowledge the signs of the times, and help your students connect the dots for themselves just like you have been doing all along.   

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