EXPLORING LITIGATION OF ANTI-CRT STATE ACTION: CONSIDERING THE ISSUES, CHALLENGES & RISKS IN A TIME OF WHITE BACKLASH.

This document provides an overview of the legal challenges to state actions that prohibit the teaching of historically accurate information about race in K-12 schools. The lawsuits have been filed in six states, with varying claims under state and federal law. The challenges under state law focus on technical violations and non-discrimination laws, while the federal challenges center around First Amendment and Fourteenth Amendment arguments. As of now, the lawsuits are ongoing, with only a few cases having been resolved. Overall, the legal challenges to these bans have been limited in number and success. The text discusses practical and normative issues related to the lack of legal challenges to anti-CRT state action. It raises questions about the role of litigation in countering white backlash efforts and highlights the challenges faced by communities negatively impacted by these actions, such as educators and students from historically marginalized communities. The availability of material and other resources, threats to educators' careers, and the fear of professional repercussions are identified as factors that can hinder legal challenges. The text emphasizes the need for further understanding and support for organizations and individuals seeking to challenge anti-CRT state action. The text discusses the challenges faced by educators due to state bans on certain concepts, such as critical race theory, in schools. These bans can result in disciplinary actions and loss of funding for schools and educators who promote prohibited ideas. The bans create a climate of fear among educators, leading to self-censorship and restrictions on discussions of important issues. The text also explores the power that states and school [Extracted from the article]