Critical Race Theory, And How To Effectively Fight Back, with Kmele Foster and Rich Lowry | Ep. 128
Episode Stats
Length
1 hour and 45 minutes
Words per Minute
184.63712
Summary
Rich Lowry and Camille Foster debate Critical Race Theory and the bans on teaching it in short form in public schools across the U.S. Today's guest is Rich Lowry, the editor of National Review, and host of the Fifth Column podcast.
Transcript
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Welcome to The Megyn Kelly Show, your home for open, honest, and provocative conversations.
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Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show. Today, critical race theory
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and the bans on teaching it state to state that have been popping up across our country.
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We've got Rich Lowry and Camille Foster with the debate of debates on this. These are two
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great guys who went at it, you know, punch for punch, and it was really illuminating. I think
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we fleshed out all the arguments. I'll leave it to you to decide who got the better of the other man,
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but it was enjoyable, it was feisty, and it was smart, and I loved it. And this is the big debate
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right now, right? Like many, many states have banned the teaching of, in short form, critical race
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theory, but it's, you know, some of this nonsense of trying to teach kids that they're defined by
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the color of their skin or by their, their sex, et cetera. And states are finally trying to fight
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back against this. It's growing and growing. The teachers union has been open about the fact that
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they're on board and pushing it. And they tried to lie about that, get into that. So it's a good
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idea because it's kind of divided the conservative movement and, or the non-woke movement is what I
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should say. So Rich Lowry is the editor of National Review and also hosts, he's one of the hosts of
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the editors over on the National Review. It's their podcast, which I highly recommend. I love it.
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Really smart talk. And Camille Foster is one of the hosts of the Fifth Column podcast. You guys
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know him. He's been on the show along with his brethren, co-hosts of that show. And they actually
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had Chris Rufo on for a debate on this very issue. There's some backstory with Chris Rufo that we'll get
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to in one second. But, you know, Camille, he wrote an op-ed about this sort of opposing these bands,
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and he was joined in it by Thomas Chatterton Williams and some other authors in the New York
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Times that he's been supported in it by, Camille is black. He was supported by some other black,
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well-known names and faces like Glenn Lowry in his position. So these guys are ones who've pushed
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back on, you know, wokeness and all this making everything about color, but they think these bands
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go too far and they've got well-thought-out reasons for why. So you'll hear the debate, get to the guys in
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one second. First this. Organizing this outline for this debate has been super fun and super
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complicated. This is one of those moments where I'm like, yeah, I love to read for a living. That's
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really what I do is read and learn for a living. And I've been neck deep in all these articles.
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And what I've concluded before we even start is that I think all three of us agree on 90% of
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what we're about to discuss. It's really just what is the solution that we're arguing over? You know,
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what the problem, because I know I've talked to both you guys before. I think we agree this is a
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problem, what they're teaching our kids right now. And within the conservative movement, or even just
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not even conservative, but just sort of anti-woke America is debating what's the best way of putting
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an end to this nonsense, or at least fighting back against this nonsense. So let's just start by
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defining the problem. Okay. In quotes, the problem. Critical race theory is a term. Chris Rufo has been
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putting it out there as just sort of a catchall. But I do think it's important to note, it's beyond
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just this one sort of theory about race. You know, the academics would say, look, this is just a
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postgraduate level legal theory. It doesn't appear in K through 12 classrooms. It's basically just an
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acknowledgement that discrimination is not just about attitudes, but it's about institutions and
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how they create racist systems over time. Okay, so they make it sound very white bread. It's not
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there's it's so many things. And I've lived it. And I've talked to my audience about how it's
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manifested in our lives. You know, I've got my my six year old and my nine year old over the past
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couple years being taught that white skin is problematic, just by its nature, that the schools
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were talking about how in every classroom where white children learn, there's a future killer cop.
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That's not part of critical race theory. But it's the messaging that's in schools today. So anyway,
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all this deeply problematic and the short form is CRT. So that's the problem. And now we're seeing
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efforts in several states to fight back. We've got over 20 states that have passed or proposed laws
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preventing the teaching of CRT and other racially based ideologies. Nine states have have now actually
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passed restrictions, Tennessee, Oklahoma, Iowa, Idaho, Texas, Florida, New Hampshire, Arkansas and Arizona,
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and again, many other states considering it. And the pushback from you, Camille and David French
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and Thomas Chatterton Williams and others has been, yes, it's a problem. Don't love this kind
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of teaching. However, what about free speech? And do we really want the government dictating what can
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and cannot be said in class and thought in class? And haven't, you know, people who have been
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promotion, promoting free speech all along been saying, the last thing we want is for government,
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like people like Joe Biden to be telling us what must be said or thought in schools. And is this an
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abandonment of that principle? Have I have I summed it up or I'll let you sum up your your pushback?
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Yeah, well, I want to be very careful here because, you know, I co-authored a piece that appeared in the
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New York Times with Jason Stanley, David French and Thomas Chatterton Williams. And obviously, I can
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represent our combined view to the extent I'm drawing directly from that editorial. But beyond that,
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I'm speaking for myself primarily. And I think in the piece, what we tried to convey here is a
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general sensibility that and now I'm kind of extracting from not so much the piece, but my
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speaking for myself in a sense, but that every school board drama need not become a statewide
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legislative scandal. It is it is not obvious. I mean, most of us have kids. I think we all have
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kids, actually. My daughter is not yet in sort of big, big kids school. She's in preschool. But
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I went to school myself and I can remember circumstances where there were things happening
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in the classroom that my mother had questions about. And there are mechanisms for adjudicating
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that sort of problem for dealing with those kinds of issues. Even now, as we find ourselves kind of
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on the other side of this, quote unquote, or perhaps in the midst of the throes of this racial
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reckoning, a lot has changed in the country. A lot of the ways that we're talking about different
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issues have changed. And a lot of that has seeped into various aspects of our lives and certainly
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active and alive in classrooms and in school board meetings. And we've seen a lot of the
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worst examples of that get national news coverage. And a lot of the subtler examples of it aren't
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necessarily getting there. The question becomes, are there ways to address this beyond haphazardly
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rushing to try and pass legislation in various states to ban something, something that really,
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when we talk about CRT, as you just laid out, Megan, I mean, this is an amalgam of different
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things. And as a result, the way that folks go about trying to pass these bans, and I think it's
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something that Rich would acknowledge as well, is by drafting these pieces of legislation that try
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very, very hard to get at kind of precise, specific concepts that can't be discussed or must be
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discussed in a particular way or must be discussed along with something else. And I think the net effect of
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that, our concern, drawing directly from the editorial here, is that we are actually creating
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a circumstance where it is going to be very, very difficult for teachers to understand how to teach
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important topics and really make it a circumstance where they have to wonder if they can teach it at
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all. There are elements of James Baldwin's work, of Martin Luther King's speeches and writings,
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that one has to wonder if they can be included. Scathing critiques of the American project,
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of its defects and deficiencies, the way that it's failed. Talk that is contemporary to those men in
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their lives of what it was like to be white or black in America, or what the specific obligations
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of persons of different race were. Again, from their lives and perspectives, even introducing
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historical documents, like reading a speech from a Confederate leader, sort of talking about
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their perspective and experiences, under many of these statutes, those things would be banned. At a
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minimum, one would have to wonder if they didn't face the possibility of some sort of legislative,
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not legislative, but some sort of prosecution, and in some cases, substantial fines. And that can't
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really be the way that we imagine we can take care of this situation. I, as you said, man, I am deeply
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concerned about the presence of race essentialism in all aspects of our society right now, and the
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degree to which we're not having productive conversations about race. I don't, however, think
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that an approach to trying to ban something in a rather crude, again, this sort of haphazard way,
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this rush to do something, is necessarily going to get us an outcome that actually leads to less of
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this happening. What I already see happening is the possibility that we can see, you know, people
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who are essentially trying to run afoul of these laws on purpose, people who are being brought up,
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potentially having lawsuits filed against them under questionable circumstances, and eventually
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you're going to see, you know, pink slips, and perhaps even, I mean, what, like arrests that result
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in, I mean, protests that result in arrests. I mean, are those the kind of outcomes that people imagine
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are going to actually help us get through this to a much saner place where we can be more reasonable
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when we're thinking about public education in this country? I just don't think that makes a lot of
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sense. So there's so much to dissect, and I do want to get to your statement that, you know,
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certain Confederate general speeches couldn't be taught, right? These are basically racist speeches
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saying, let me tell you why we need the situation to be as it is, and Black people aren't as smart as
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white people, and they're not as good as white people. So according to the way some of these
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laws are worded, you couldn't even read that. And that's true. The laws, a couple of them are
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written in a problematic way. I think just from having read National Review and Rich,
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he's going to agree with that, that these are not all perfectly worded and could use some revising.
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But before we get into the specifics of the laws themselves, a couple of them and how they
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need revising. Let me kick it to you, Rich, on the concept of this, this way to fight back,
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right? As opposed to, because what David French has said and what your op-ed in the New York Times
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said, Camille, was, you know, a meaningful way of getting back at this is by filing lawsuits.
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And I'm all for that, by the way. I've been saying this is part of the solution for sure. Just,
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you know, it's currently not lawful to discriminate on the basis of race. And so if you're dragged into
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some training session as a teacher and told that you're less than because you're white,
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your school's violating the law. So I'm all for the lawsuits. But what the conservative movement
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and the non-woke people have said is it's not good enough. We need these laws because we need
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immediacy. It's not a free speech issue at all. This is about the citizenry telling the government
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what it can teach their kids and that this is a useful tool in the arsenal that should be unleashed
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ASAP for the well-being of our children. So let's start with that, Rich, on whether you agree
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that this is a, this is, without putting aside the wording of the laws, whether this is a good
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way of fighting back. Yeah. First of all, I appreciate the conversation. And Camille, congratulations
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on the op-ed. There are not many op-eds that people are discussing two or three, three weeks later,
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whatever it is. All of us columnists are very jealous. So congratulations on that. I think this
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is a worthy effort. On the lawsuits, it just puts incredible pressure on individual teachers or
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parents to undertake what could be a years-long effort to try to push back against this stuff
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through the courts. And if we're admitting that actually that is in play, as the authors of this
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op-ed do, we're admitting that this is, this is poisonous and toxic. And why should we tolerate
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that in our public schools? And public schools are public institutions. Teachers are state actors.
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They're, they're teaching state curricula in state-owned buildings that parents, if they don't,
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aren't pursuing some other alternative, have to send their kids to.
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So they, they are profoundly small d democratic institutions and forbidding these poisonous concepts
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from being foisted on children is an appropriate democratic, small d democratic action. So I don't
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see in theory, any problem with this at all. In fact, I, I welcome it again, Megan, as, as you've
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stipulated that the wording in some of these cases is problematic and could have been crisper and more
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clear, but I, I just reject the idea that that is out there, that this is going to stop, you know,
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the teaching of slavery or, or civil rights. If you look at Tennessee, which the authors of the op-ed
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spend some time on that statute, what they forbid is the promoting of, of the concept that individuals
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should feel ashamed or, or discomfort because of their race. So that's different than saying,
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Oh, here's, here's the Atlantic passage, which was this horrifying, nauseating, uh, human rights
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abuse. And you might feel uncomfortable learning about it because it's a terrible topic. That's not
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it. It's, it's going, a teacher going out of his or her way to say, you should feel guilty because
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you are white, uh, or you're black or whatever it is that is forbidden. And it just seems to me,
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uh, with public schools, you know, which we don't need adventurous instruction in public schools.
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That's something for colleges and universities, when you're dealing with adults, when you have
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instructors who are engaging in academic research, where academic freedom is, is a core value. This,
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this is different. This is supposed to be between, you know, the 40 yard lines. This is kind of
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consensus values and instructions in, in our society. So, uh, the, the, these efforts strike
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me as worthwhile. And I wonder about the, the way that you just characterized that though,
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rich, because especially when you say, you know, this shouldn't be taught in schools. Well, what is
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this? I mean, we are, we are talking about a sprawling catalog of practices and, and issues that,
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that people have serious concerns about. And when we talk about K through 12 education,
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we're talking about, you know, children as young as four and five, um, and children as old as 17 and
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18. And in a high school class, there are certain things that young people ought to be exposed to.
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It seems the way that this is talked about, even, even what you just said there about the Tennessee
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law, if your interpretation of this is correct, it might be the case that, that kids in a civics
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class couldn't watch a presidential debate because the, someone in one of those debates might talk
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about say white privilege, white supremacy, structural racism, or some of these other
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concepts and might make an assertion to the fact to, to the possibility that we might make an assertion
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along the lines of white people have unique particular privilege. It is a reality that people
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are talking about this now that many Americans feel a particular way about these issues now and
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finding constructive ways for students to be able to engage with these questions and issues in a
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classroom setting with one another is, it seems to me that it's, it's urgently important that our,
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that our institutions are kind of up to that task and that, and, and one of the things that I want to
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point here, highlight here is that the editorial doesn't only suggest that we can go pursue lawsuits.
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It also says explicitly that a better approach to trying to ban things, this kind of negative approach
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to curriculum, you can't do this, you can't do that, is to build better curriculum that is more
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thoughtful and is more constructive and affirmatively gives us a sense for how to navigate these complex
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issues together and, and not imagine ourselves as just kind of pushing approved knowledge into young
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brains, but equipping, equipping young people with the talent and the skills necessary to grapple with
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hard issues. Let me ask you, so that's, that's, that sounds nice, but what we're up against is a
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teachers union. I mean, both of the largest teachers unions in the country are determined to teach this
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despite their gaslighting of us now, right? Saying, no, no, no, no, no, we're not. I mean, they,
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they lifted the dress up this month when the National Education Association, that's the largest teachers
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union. They had an annual conference this month. This is a great story. And they, because the,
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official word sort of out of the left, right? The media, the pundits, uh, democratic lawmakers has
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been, we're not teaching CRT in K through 12. That's not happening. And then the National Education
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Association at their annual conference is like, we have a six figure campaign we're unleashing to,
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to fund a team of staffers for members who want to learn more and fight back against those who are
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fighting our CRT rhetoric, right? Basically saying it's very reasonable. They said it's reasonable to
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teach, uh, critical race theory. And we're going to fight back against those who are pushing against
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us. They forgot, they forgot about the official talking point. And then the Heritage Foundation
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reported on it and they promptly, the NEA removed all the items on their website that mentioned CRT,
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like, whoops, we didn't say that. You didn't see that, but it was too late. And the second largest
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teachers union, American Federation of Teachers, that's Weingarten's unit union. They've said,
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too, they're investing, I think it's $5 million into future legal fees to defend teachers who
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insist on teaching CRT, even though Weingarten is also insisting that CRT is not being taught.
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Okay. It's being taught. And even the polling, NBC had a report on this recently, it was over 50%
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of teachers either want to teach it or admit privately that they are teaching it. So it's,
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I would love to just build better curricula, but we're up against a group of people who really
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Yeah. And I think the, you raise an important point. The reality, as I mentioned earlier,
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it is, it would be wrong not to acknowledge one, that there have already been sort of activist
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excesses in various schools across the country. It is hard to quantify this problem. I can't say
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how many schools this is happening in or where the worst things are happening. And I think that's
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really important that we, nobody can really quantify this just yet. So it isn't, it's, it's important to
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kind of keep our concern constrained in that way, but at least to be aware of this reality.
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And you're right to point out what the teachers unions have done. Ibram Kendi was speaking at one
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of these events and they pledged to buy copies of his books stamped and to pollute schools with it all
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over the country. That bothers me. I have serious problems with that. At the same time, one wonders
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about the appropriate approach to this. And one has to also wonder about the degree to which
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the way that concern has been generated about these issues and the way that it's being focused
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at the moment, if that isn't contributing to just kind of a spreading of a brush fire,
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as opposed to really constructive approaches to trying to address, trying to address this problem.
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I think what's not talked about often enough is the practical limitations of a strategy of trying
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to pass statewide bans on various things. Like how many states can we actually get these things
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passed in? What percentage of states won't have this protection at all?
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I imagine if you don't have a red legislature and a red governor's office, like that's not
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happening. And it's also the case that the most awful excesses seem to be concentrated in
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particular places. Like I've seen a lot of stories out of New York. I've seen a lot of
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stories out of California. I haven't seen quite so many out of Tennessee. In fact, what I've
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seen out of Tennessee recently is a teacher who got fired, who seemed to be kind of hankering
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for the opportunity to get fired over these things. And it turns into a national news story.
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And it seems to me that that isn't necessarily what we want. I'm thinking, I think a lot about
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the missed opportunity here. I imagine these angry, um, these angry parents going to these meetings,
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these, these, uh, these school board meetings and demanding something better. Like, I don't know,
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school choice, for example, like it is not as though the statewide ban initiative, this haphazard
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project isn't one that will cost a tremendous amount of resources and energy. And it's not as
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though there aren't meaningful risks associated with it. And it's not as though it's guaranteed
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to work. If these bands are sufficiently, if they're sufficiently narrow so that they don't
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run afoul of the constitution and so that they don't run afoul of making it difficult to teach
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complicated materials, they're probably not going to be able to stop most of the things that people
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are concerned about. The reality is that this is a cultural issue, that there is a broad societal
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issue here. And we have to be meaningfully engaged in our local school boards, going to meetings,
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meetings, meeting with teachers. There are no shortcuts here. And anyone who is telling you
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what there are is wrong. So I've been, I've been working with a bunch of groups on this. Um,
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uh, fair is one of them. And also parents defending education, which is a nonpartisan group,
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just trying to represent parents who are struggling with all this. And I know that one of the things
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that parents defending education really wants is for concerned parents to run for school boards.
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Yep. You got to get on school boards. You can't just sit
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at home and lament. You got to get in the positions of power. So Rich, why isn't that the
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answer? Like grassroots efforts, taking advantage of this enormous energy we've seen among parents
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who are outraged about this to get them on school boards and change the, change the curriculum that
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way, as opposed to at the state level. Oh, it's, it has to be a huge part of the solution. So I disagree
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with Camille about these laws. Um, most of them, you know, I think they're legitimate concerns about
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some of the wording, but let's say we, and I, and I take his point, you know, this is only happening in
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red States with red legislatures and Republican governors. Let's say we, we do this in 15 States
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that one that leaves a huge part of the country, right? 35 States where you haven't done it to,
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if all we do, even if we pass these kinds of laws in 50 States, just keeping teachers from making
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kids feel guilty from over their race, that's not a huge victory, right? That's a really minor and
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defensive victory when you think about it. So absolutely the school board fights are essential
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and developing curricula or, uh, that, that teaches truthful versions of American history or protecting
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curricula that already do that is absolutely the ultimate name of the game. And the beauty of our,
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our system and having a highly localized system of education is you can be a parent in, you know,
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a small town somewhere or, uh, you know, a suburban County, and you can go get 200 signatures on your
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petition to get on the ballot or whatever it takes. And then you win 800 votes in the school board race
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and you are hugely influential and, and how you're the education of your children, your neighbor's
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children is going to be carried out. That's a beautiful thing. And parents who are concerned
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about this should absolutely take advantage of that. And that's something that can happen,
00:23:34.260
not just in red States. It can happen in States all around the country. Cause you know, you look
00:23:38.860
like a, look at a County by County, a political map and you know, there's swaths that the country,
00:23:45.020
if you break it down that way is mostly red because there's so many, uh, red localities. And so
00:23:51.140
that's the, that's, that should be the name of the game more than these state laws. I defend these
00:23:57.000
state laws. I think what they're trying to do is righteous, but again, it's really kind of a
00:24:03.360
defensive and prophylactic action compared to taking over these school boards and preventing
00:24:10.380
the education blob from imposing this stuff on our schools. And I also take Camille's point that
00:24:17.500
mostly, you know, you look, look at where this happening, it's happening a lot of places, but
00:24:21.680
you know, it's Cupertino, it's Portland, as you point out, it's a lot of New York, but it's coming
00:24:27.660
everywhere unless you stop it. And this is the history of these sorts of things. Not that we want
00:24:32.040
to get into trans, but you know, we would have, a lot of us would have said, Oh, look,
00:24:36.060
10 years ago, Berkeley says biological males should be able to go into female bathrooms.
00:24:39.920
Isn't that insane? You know, that would never happen here, but it's spread everywhere. So I think
00:24:44.960
while this debate can be one and before it's too late, it's important to undertake these state
00:24:51.640
measures and the places where you can pass them and, uh, fight school board race by school board
00:24:56.900
race all around the country. Cause if you get control of the school boards, you can, you can go as
00:25:01.620
broad as you want. I mean, one of the things about these laws is they don't stop the indoctrination
00:25:06.520
on trans issues. You know, they, all this stuff about letting your kid leave in the middle of the
00:25:11.580
day to go get cross gender hormones without telling the parents and not looping the parents in. If
00:25:15.340
your kid decides one day to go from being a girl to being a boy, they don't tell the parents. Like
00:25:20.440
it's crazy how at our school, our all boys school that we left, they were literally asking the boys
00:25:26.200
every week, whether they still felt like boys. That is what my son and his friends told me.
00:25:31.860
It was insane. Like gender is just something that's completely fluid. It could change day to
00:25:36.640
day and just checking back in at an all boys school with these boys to see whether that changed for
00:25:41.660
them. Like, could you just stop it? Stop it. If, if my kid's got an issue, I want her to be
00:25:46.680
supported. You don't need to keep suggesting it, right? It's like, is anyone feeling suicidal?
00:25:51.860
Anyone today, anyone feeling it a little like some of these things are suggestible. We've seen
00:25:56.000
evidence on that with the trans craze through Abigail Schreier and Lisa Lipman who did the
00:26:00.260
study and so on, especially with respect to girls. Anyway, my point is none of these laws address any
00:26:05.100
of that, but you get control of the school boards and you can, you can. So that, I think we all agree
00:26:10.000
that that would be a nice way of fighting back, getting more local control. Moms for Liberty down in
00:26:14.480
Florida, this group I spoke to, they're, they're all about that and that's awesome. But like it or not,
00:26:19.780
for good or for worse, there is a push with the states, you know, more and more to do this. I
00:26:24.500
should point out states on the other side have done it too. Several states have mandated the inclusion
00:26:29.360
of this CRT education into their education systems like California, but several others as well,
00:26:36.860
all blue states. And now red states are doing it the other way. And I do think it's, it's worth noting
00:26:42.100
they have discretion. The states do have discretion to set the curriculum in their schools. They can
00:26:48.400
banish texts. They can restrict teacher's speech. It's different from colleges. You know, the, the K
00:26:54.620
through 12 kids are a captive audience. There's a great piece on National Review of Rich by Stanley
00:26:58.900
Kurtz, um, saying there's a good reason that we, we can do more to silence or control K through 12
00:27:06.580
teachers than we can college professors. They're a captive audience. They're minors. They're vulnerable
00:27:12.060
to the authority of these teachers. They, you know, they're held in much higher esteem than college
00:27:16.780
professors are. And Stanley said, this is abuse. What's happening to them. I've said that too.
00:27:21.700
I do think this is child abuse. So to you, Camille, what of the argument that this is,
00:27:27.780
this is an emergency. Like we, we wouldn't let schools all over the country say the KKK wasn't
00:27:35.560
all wrong. They had a lot of good points. Hitler, he made some good points. Like we would never allow
00:27:40.120
that. And, and I think people view this kind of messaging, you know, I mean, there's just one,
00:27:46.000
this is actually out of Oklahoma red state. A teacher told his students to be white is to be
00:27:49.940
racist. Period. You know, that we covered this school, the, uh, public schools in Buffalo teaching
00:27:56.260
five-year-olds about racist police, making them watch videos of dead children, allegedly sort of
00:28:01.420
coming back from the grave to talk about racist cops and so on. So you can see that the feeling by
00:28:07.260
folks who oppose this, this is an equal emergency to stop. Well, well, again, my, my perspective on
00:28:13.760
this emergency, however, is, you know, does a sledgehammer actually fix those problems? And it
00:28:18.100
seems to me that it, that it does not in fact, fix those problems that, that it is almost certainly
00:28:22.860
the case that in these, in this, with this local system that we have a solution that does make a lot
00:28:29.620
of sense is for parents to get involved in a circumstance like that, to go to their school board,
00:28:33.720
to make the issue known to, to local officials and to create a bit of a scandal at that institution
00:28:41.360
and achieve the change that they want. That's what makes sense here. A statewide ban, again,
00:28:48.820
it seems to me is going to cause no shortage of problems. And while I know Rich has some
00:28:53.920
disagreement about this, the reality is that the way many of these pieces of legislation are written
00:28:59.460
today, they're going to have a number of far reaching consequences that can't really be
00:29:05.220
anticipated and could further politicize issues. I have good reason to believe that the degree to which
00:29:12.100
folks are actually kind of overreaching here and creating a bit of a panic is probably inspiring
00:29:18.500
more controversy and will, and will inspire more concern and will make the states that are more
00:29:25.080
interested in these policies, perhaps even go a bit further and kind of cementing their perspective
00:29:30.200
here. And to the extent folks who are interested in bans go too far in their attempts to try and
00:29:36.300
restrain some of these things is entirely possible that they could turn public opinion against them
00:29:40.760
very quickly and sort of cement some of these things in the institutions and create a great deal
00:29:46.800
of sympathy for someone. The, what you, the last thing that you want, if you're someone who's
00:29:51.060
concerned about, you know, creeping racial essentialism in public schools is kind of a
00:29:55.620
sympathetic victim who is, you know, fired for something that seems rather frivolous to people
00:30:01.680
looking at it from the outside, that, that makes people very suspicious about these restrictions.
00:30:08.500
And I don't want to create the perception of, you know, Ibram Kendi's book being secret knowledge.
00:30:14.500
If, if, you know, 16 year olds have access to this book, what if they bring them from home?
00:30:19.240
You know, are you, are you going to take those things away from them? Are they, are they forbidden
00:30:22.720
in the library? I mean, I think it's really important to just bear in mind the kind of
00:30:28.760
limitations of what these schools can actually do. It's not the worst thing in the universe.
00:30:34.000
If there is something in the library, say, um, at the school that is, is perhaps somewhat
00:30:40.520
questionable from all of our shared perspective, but that a kid might have access to, like, there are
00:30:46.420
going to be questions. These conversations are going to happen. It is impossible. It is impossible
00:30:51.220
that students won't have conversations about black lives matter in their, in their college,
00:30:56.260
um, you know, government and politics and their high school government and politics courses.
00:31:00.340
I mean, my wife and her second year in high school participated in a debate club and debated
00:31:05.700
affirmative action back and forth. These things will happen. And I don't think it is a,
00:31:10.820
it is an even re realistic possibility that we can put the genie back in the bottle
00:31:16.020
and sort of put a, put a shield around ourselves and not have these conversations. The question
00:31:21.520
becomes how to do these kinds of things productively, not to try to ban them out of existence.
00:31:27.160
What about that, Rich? Cause there's, I think, um, Camille's now it's sort of getting to the text
00:31:31.460
of the law, the text of some of the laws and why it's problematic. Like they're in Oklahoma and Texas,
00:31:36.920
they prohibit K through 12 public school teachers from making part of a course, any one of these
00:31:43.740
banned concepts. You can't make it even a part of the great can't, cannot be a part of the course,
00:31:48.440
um, to, to sort of discuss concepts that create division or resentment between races and social
00:31:57.020
classes and so on. And that's, that's different. That's different from like I mentioned, um,
00:32:03.600
Stanley, he, he wrote a draft of these laws and even he has said, it should have said,
00:32:09.320
you can't inculcate, you can't promote the idea that one race is better or worse than another.
00:32:15.340
I think, I mean, that's already the law. They're just not following it. Um, but they didn't go with
00:32:21.940
inculcate. They went with something much more generic and inclusive and, and, you know, broad,
00:32:27.480
like you just can't even discuss it basically. Yeah. Having talked to people in Texas, the,
00:32:32.360
the intention is again, as we were talking about Tennessee is promoting these concepts. So it's
00:32:39.840
one thing to say, you know, John C Calhoun thought that slavery was a benign institution that was good
00:32:46.300
for whites and for blacks. You know, that that's a historical fact. It's another to say slavery was a
00:32:52.380
good institution. I'm here standing in front of the classroom, telling you that slavery was a good
00:32:56.860
institution that's, that's promoting, but to Stanley's point, uh, make it clear. I mean, this is
00:33:03.780
laws, uh, laws should, should be precise and clearly worded. So everyone knows what they're
00:33:09.360
dealing with in inculcate would, uh, I believe I'm curious what, uh, Camille thinks I believe would,
00:33:16.600
would take care of the problem and make it clear what we're getting at just to, uh, a couple of points
00:33:22.040
that, um, Camille made. We're not talking about, you know, banning books from school libraries.
00:33:27.280
We're not talking about banning, you know, the topics that, that can be debated. We're, we're
00:33:33.000
talking about stopping, uh, teachers and administrators from foisting these poisonous concepts
00:33:39.180
on children. And is there a panic about this? Yes. Should there be a panic about this? Yes,
00:33:44.960
absolutely. And I just can't, I think you made this point, uh, earlier, Megan, I just can't believe
00:33:50.140
that if there was one school district in America where, uh, teacher training materials or what's
00:33:56.380
being taught to fifth graders was the KKK was right, that there wouldn't instantly, you know,
00:34:02.040
all the 50 States wouldn't pass a law. So you can't do that. And it would always be universal
00:34:06.460
sense. So I don't get the, why, why it's not, uh, uh, similar here. And then finally, just in fomenting
00:34:12.960
controversy, this controversy, if you're, uh, a reasonable right thinking parent, this controversy
00:34:19.700
is coming to you, you might not be interested in this controversy, but it's coming to you.
00:34:23.440
So you gotta, you gotta be, uh, ready to, to fight it, uh, tooth, tooth and nail. And I mean,
00:34:30.620
the teachers unions, just those resolutions passed by the NEA. I mean, they could have been drafted by
00:34:36.020
Chris Ruffo to prove this point, right? That's exactly what they did. These are, these are the
00:34:41.360
people we're entrusting our children with. We send them there six, eight, whatever hours a day,
00:34:46.480
trusting that, uh, that their minds won't be twisted and that they'll actually be, uh, taught,
00:34:52.680
uh, straight history. And we can't trust them. And that that's the bottom line. We cannot
00:34:56.920
trust them. And, and, and this, this is why we need, uh, the, the exercise of the small D
00:35:03.860
democratic authority of the people in these various places to stop it from happening.
00:35:09.400
Can I speak to two things that you just mentioned there? Thank you, Megan. First, I mean,
00:35:15.140
I think it's important to note that, that these, these bills, and I think it has been said already,
00:35:19.280
but it's important to say, again, these pieces of legislation are all over the place in terms of
00:35:23.800
quality and the things that are actually being banned. There was a proposed Kentucky legislation,
00:35:29.300
um, that included language that would have restricted, um, classroom instruction or discussion,
00:35:36.340
formal or informal, um, or the distribution of any printed or digital materials, um, with the same
00:35:43.420
sort of restrictions around, um, you know, the, these, these particular issues about race and how
00:35:50.100
they're being discussed and what's being discussed and what's being promoted. But again, we're talking
00:35:53.800
about informal discussions in class being restricted by a bill. Like that becomes a huge problem. So my
00:36:02.000
thing is, should we panic? No panic is never good. That's not a good strategy. When you have a serious
00:36:07.720
problem, you don't panic, you develop a strategy, you develop a thoughtful plan and you imagine what,
00:36:13.560
what a good outcome looks like here. And quite frankly, I just don't hear enough of those
00:36:17.400
conversations. And to, to, to put this into a, into a framework that I think will be familiar since
00:36:22.340
the Klan has been mentioned a few times. And I know one of Chris's favorite things to do is to ask,
00:36:26.420
you know, what if the Ku Klux Klan was doing this? Well, I think it's important to differentiate
00:36:29.900
between that, that thought experience and the reality that we're facing. Because if in fact,
00:36:34.860
the Ku Klux Klan was in a position to get something developed and instituted in our public schools,
00:36:43.260
anywhere in America, we would have a very severe problem and it would not be the sort of problem
00:36:47.520
that anyone could have. Yeah, but their messaging is, is repeated by CRT. I mean, it's, you know,
00:36:51.180
the old, who's saying it, right? Uh, is it, is this something Robin DiAngelo said or something
00:36:55.700
David Duke said? And you can't always tell the difference. Well, this, that is actually true. Um,
00:37:01.520
although that's a, I think I would love to take that in a different direction, but, but I think
00:37:06.540
what I'm saying is that to the extent that's the case, our problem is far more severe than the
00:37:12.440
curriculums in schools. Like there is a, there is a social issue. There is a cultural issue that
00:37:18.300
actually has to be addressed. And the notion that you can address that cultural social issue with
00:37:23.480
these bands is just, I mean, I find it, I find it laughable. Like you can't actually prevent
00:37:29.720
teachers from finding sophisticated way to get their own perspective into the classroom and it
00:37:35.460
will always happen. This is, this is the reality. So the thinking here is not that you can make that
00:37:41.580
you can, you can sort of use my perspective anyways, is that you can't use the law to make
00:37:46.540
these places, these kind of pure cathedrals where there is no sort of political influence at all,
00:37:52.460
where there is no kind of ideological valence to these, to these classrooms. Like some of that is
00:37:58.200
always going to be there. The question becomes like, how do we strike a healthy, constructive,
00:38:03.900
meaningful balance in these classrooms? How do we make certain that kids are getting well-rounded
00:38:07.980
at educations? Well, our school system has had a lot of problems for a very long time.
00:38:13.080
And post COVID, it would be great if we spent some time thinking constructively about how to fix those
00:38:17.460
problems. We've got problems with literacy, with math, all over the country, kids who are not
00:38:23.220
learning in these schools already. And I think it's, I think it's shameful that folks are interested in
00:38:30.520
having this kind of ideological conflict. And I'm not blaming the parents who are responding to
00:38:35.000
activists who have done this to them, who have brought this fight to them. But I am saying that
00:38:41.120
the appropriate response seems to me is to say, hey, slow down. We know that we can sort of develop
00:38:47.060
programs for these schools that work. This, these are the solutions that make sense. And it would be
00:38:52.460
great if a lot of this activist energy, if a lot of the money that was being raised around these
00:38:56.180
issues was being used to one, yes, fund lawsuits where necessary, where egregious things are
00:39:02.640
happening. You can, in fact, get some sort of action and remedy that doesn't take years. You can,
00:39:09.400
you can get an injunction that will bring immediate relief to families. And you can start to meaningfully
00:39:15.760
develop curriculum. And I know FAIR is doing some of that work, but it would be great to have more
00:39:19.700
people doing that work as well. And a lot of this energy that's going into legislation being
00:39:24.540
directed in that way. And of course, school choice is a really important goal as well.
00:39:30.180
Up next, what about all those states who are mandating the teaching of this kind of stuff,
00:39:34.540
this critical race theory nonsense, divisive awfulness? Why can they do it? But other states
00:39:40.320
who oppose it can't ban it. We'll get into that in one minute.
00:39:43.560
I love lawsuits. As a former lawyer, I love using the law to shut this down because most of the stuff
00:39:52.160
is illegal. It's already illegal. It's just they're ignoring it and getting away with it. So
00:39:55.800
yes to lawsuits. But I also understand the point that they take a long time. They're expensive.
00:40:00.680
You not every case will get picked up by parents defending education or by FAIR or by one of these
00:40:05.620
groups that's trying to help, you know, so it's frustrating. And as a parent who was undergoing this
00:40:10.140
with all three of my kids in their schools, you don't want to say, OK, I'm going to file a lawsuit.
00:40:14.320
I'm going to wait. And meanwhile, your kid's being shamed every day for his race or his gender. It's
00:40:18.320
like, no, screw you. We're out of here. We're out of here. You're not getting one more day of this
00:40:23.620
abuse of my child. Not one. Right. So that's what makes you go say, pass a law, do what you have to
00:40:29.240
do so I can shove it down this teacher's throat when she tries to teach my kid that he's a racist
00:40:34.640
because of pigmentation over which he has no control. Right. So I understand the emotion
00:40:38.220
behind it. But can I just make one point? I don't you know how you guys do at the end of
00:40:43.140
the editors, Rich, you know, you're you're the piece that you recommend everybody read.
00:40:46.680
I didn't hear you guys. It's a brilliant piece.
00:40:48.760
I love it. I actually do a lot of my reading based on the recommendations you do at the end
00:40:53.340
of that. But I want it. I want to make it on the I want my recommendation to make it.
00:40:59.260
And it's the piece called What Happened to You by Andrew Sullivan. It's dated July 9.
00:41:04.080
It's a great stack. And it's it's the subheading is the radicalization of the American elite
00:41:09.020
against liberalism. And I have to point this out because you correctly point out, Camille,
00:41:13.800
and you've been railing about this, too. There's something bigger wrong with the country right
00:41:17.980
now. It's schools are a problem. No question. And especially because of the things Stanley
00:41:22.720
Kurtz raised. You know, they're minors. They're vulnerable. They're a captive audience.
00:41:26.300
But the problem is so much bigger than that. And he he writes in this piece, he kind of
00:41:31.660
diagnoses it. And he quotes Wesley Yang a lot. And I my eyes were opened. I read this
00:41:37.800
and I was like, oh, my God, this is exactly right. Here's just a sample. He writes, we
00:41:42.560
are going through the greatest radicalization of the elites since the 1960s. This isn't coming
00:41:47.040
from the ground up. It's being imposed ruthlessly from above, marshaled with a fusillade of constant
00:41:53.140
MSM propaganda. And its victims are often the poor and the black and the brown. It nearly lost
00:41:58.880
the Democrats the last election. And he goes on to basically say every what's happened here
00:42:04.200
is the sudden, rapid, stunning shift in the belief system of the American elites. It's
00:42:08.320
sent the whole society into a profound cultural dislocation. Quoting here, in essence, it is
00:42:15.060
an ongoing moral panic against the specter of white supremacy, which is now bizarrely regarded
00:42:20.060
as an accurate description of the largest, freest, most successful multiracial democracy
00:42:24.320
in human history. And he quotes Wesley Yang's coinage of the phrase, the successor ideology.
00:42:30.500
That's what's taking over liberalism in this country, you know, sort of this where people
00:42:36.600
used to be, where people used to stand up for due process and free speech. And now all those
00:42:42.220
things are considered planks of an oppressive system, right? You can't be for due process anymore.
00:42:48.800
You're a racist. You can't, you can't be for free speech or objectivity because that's racist
00:42:54.440
and sexist and so on. Anyway, you got to read the whole piece. But to your larger point, Camille,
00:42:59.360
we do need to spend some time on that and how you fight that. Because people who are on the left
00:43:05.340
are on our side and fighting that. And Andrew Sullivan's one of them.
00:43:09.060
Yeah, I think you could potentially lose some of those people if you are engaged in a legislative
00:43:15.480
battle nationwide that produces, in some instances, really bad laws that run afoul,
00:43:22.460
not necessarily of the First Amendment, but run afoul of our general principles of having a cultural
00:43:28.420
sort of appreciation for the importance of respecting diversity of thought and creating
00:43:33.880
Yeah, but what about the schools that are requiring that this be taught?
00:43:36.620
What about, Camille, how about like California, Oregon, Washington, Illinois? They mandate CRT.
00:43:41.140
In California, if I'm not mistaken, it's not, it's not a statewide mandate. They've developed
00:43:45.340
a curriculum and schools can decide whether or not they want to utilize it. But I think you do raise a
00:43:50.380
good point there. And the question is, like, what can be done in those states? Well, in those states,
00:43:54.080
one, you can't pass a ban. So the things that are left to those people, and I think it's important
00:43:58.420
to equip them with their, let them know what their options are. Go to your school board meeting,
00:44:02.720
be involved in the classroom, engage with your, engage with teachers there. And if there is a
00:44:07.740
serious violation of your civil liberties, get a lawyer, reach out to one of these fine organizations
00:44:12.600
that are helping people to file these civil rights lawsuits. And yes, it does take some time for these
00:44:18.200
federal cases to run their course, but you can secure an injunction. And that can happen in as
00:44:23.120
little as a month. And once you do, that can bring some immediate relief. And even the specter of
00:44:29.280
injunctions. And quite frankly, I think I'd love to see these things flying like all over the place,
00:44:33.300
just get a bunch of them filed. You will, you will scare a lot of these school boards straight.
00:44:38.900
You will scare a lot of these school systems straight. And that is what needs to happen here.
00:44:43.460
I think it's important to enter into the record. One of my co-conspirators on this piece,
00:44:49.300
David French, who was formerly at FIRE, and FIRE currently, Greg Lukianoff is the head over there.
00:44:56.380
They've had profound success. And they fight for free speech rights on college campuses.
00:45:00.340
Yes, on college campuses in particular. And they've had profound success using legislation
00:45:04.860
to get these universities to get rid of their speech codes. Like incredible success.
00:45:12.480
Yes, using lawsuits. I'm sorry, using lawsuits to induce universities to effectively stop using
00:45:21.240
these speech codes to pull back on them and have seen marked improvements in the quality of the sort
00:45:27.460
of survey results that they've been doing year over year. And it's the sort of thing that can be
00:45:33.040
achieved here if folks are sort of constructively and thoughtfully approaching these issues.
00:45:38.800
I worry about this being sort of analogized to the Tea Party movement. I don't know that the Tea Party
00:45:44.780
movement was terribly successful. If I remember correctly, the principal issue that the Tea Party
00:45:49.160
was concerned about was the debt. How did that work out? You had a panic. You had a furor.
00:45:54.700
You got people excited. They were energized. They showed up at some meetings. They didn't really
00:45:59.000
accomplish much. And it would be a damn shame if we didn't really accomplish much now, because I
00:46:04.120
actually think it matters. I think it matters that our schools already weren't doing a very good job.
00:46:08.560
And I think it matters now that in some schools, yes, we are seeing kind of a push for kind of
00:46:14.660
ideological indoctrination. And at a moment when the country is so weirdly fractious and so many
00:46:21.380
things are politicized in unhealthy ways, it would be a real shame if we missed the opportunity
00:46:26.540
to find constructive ways to navigate around these problems.
00:46:30.040
So let me respond to, Camille, what you're saying, just the answer just prior to this one about this
00:46:36.220
vast cultural tide. And we can't kind of use laws to fight back against it. Again, K-12 education,
00:46:44.660
public K-12 education is a state institution. And yes, having state rules about how you teach kids
00:46:56.280
doesn't stop this vast cultural tide, but it can establish a bulwark against that cultural tide in
00:47:03.540
a very important area. And when you advocate people running for school boards and influencing what their
00:47:10.780
schools do that way, school boards, and this is public action. So you're really, you're just making
00:47:16.320
a distinction between certain levels of state authority. You're not actually defending a kind
00:47:24.100
of a libertarian principle. And I just object to, maybe I misunderstood what you were saying earlier,
00:47:29.740
but K-12 teachers, they shouldn't just be these free-floating people who show up in the classroom,
00:47:34.260
they've read the New York Times Magazine, but they're going to that day say the United States
00:47:39.360
is a racist society from beginning to end. And they, in the classroom, they do not have free
00:47:46.400
speech rights. You can't control what they say once they're out of the classroom. So they should teach
00:47:52.620
what the people through their representatives, whether it's a state level or local school boards,
00:48:02.740
what they are told to teach. That is their role.
00:48:09.340
They're going to be influenced as, you know, the NEA resolutions suggest by this hideous doctrine
00:48:15.180
that's very fashionable and influential now, that has to be stopped. And these, these kinds of state
00:48:22.040
laws, they, they're, they don't take care of the issue. It's more important to, to get the curricula
00:48:28.500
right. But it's also worthy to say, Nope, you're not teaching our kids that they're inherently
00:48:33.260
racist. You're not teaching them. They should feel guilty because of their race. You're not doing
00:48:38.240
that. And then we'll go on the school boards and we'll, we'll tell you more about what you should
00:48:41.400
specifically teach them. Yeah. Again, I think we're still talking about restrictions on specific
00:48:46.320
concepts. And in some cases we imagine that we're talking about restrictions on specific,
00:48:51.520
statements effectively that you can't tell a person that they should feel shame in practice though,
00:48:58.300
because we're talking about restricting material in addition to restricting sort of statements that
00:49:04.560
can be made. And because the reality in practice again, is that you're usually going to have a
00:49:10.080
circumstance where a child is coming to their parents and saying, Hey, I felt bad. Like what the
00:49:14.340
teacher said in class, like made me feel bad. And I, on account of my race, there is a tremendous
00:49:19.520
amount of subjectivity in all of these circumstances. And I don't know that create the,
00:49:25.220
it's important to imagine not only the possibility that you might be able to, to sort of remedy this
00:49:30.420
problem in this way, but the reality that you're going to introduce into these classrooms, uh, uh, a kind
00:49:37.240
of chilled climate, the possibility of the kind of punishment and censure for things that maybe we don't
00:49:45.760
want there to be punishment and censure over. And we're, we're denying ourselves the opportunity
00:49:50.500
to do this in a more productive way. I think there is a material difference between passing
00:49:56.940
these, these restrictions statewide on particular concepts and ideas and around feelings and
00:50:05.040
sentiments, as opposed to having school boards that are working on people getting elected to school
00:50:11.580
boards, if necessary, working on developing curriculums that make sense and working on
00:50:16.580
enforcing the, the same sort of standards against, uh, discrimination and rights violations that we
00:50:24.040
have on the books already that we have, that we can respect at the federal level and making certain
00:50:29.700
that those things are happening in our, in our schools. Like you actually have the laws going another
00:50:34.120
way. Well, I'm saying you have this already, you have this already, and you have these bodies that
00:50:39.060
are, that are there. You can, you can use those things in order to achieve this goal. And again,
00:50:43.620
I do think at some level, like it has to come back to durable solutions. And I do think that school
00:50:50.500
choice is a much more durable solution than any of these other things. And I think it is a profound
00:50:55.560
error to waste all of the energetic interest and, and activism that's happening and to not be pushing
00:51:02.840
for that in a more serious way. A couple of things. One, you've said we, parents should use lawsuits
00:51:09.980
in part to chill, to make all these people scared. They're going to get sued. So are you, are you,
00:51:17.020
are you for or against them? I'm saying the, the existing civil rights, existing civil rights
00:51:21.220
lawsuits. There's, there's, we've got decades. Well, yes, we've got decades to scare them.
00:51:25.980
Make everyone. Well, I'm saying, scare them straight. The activists who are going too far
00:51:32.240
when there is a legitimate violation. Yes. File a lawsuit, get these people to stop doing it.
00:51:38.400
But I don't want to have frivolous lawsuits being filed at the state level all the time
00:51:43.140
because someone says something that made me feel uncomfortable. There's going to be a fuzzy line.
00:51:49.000
I think we can make it fuzzier. And once you're saying we should sue over this. And, and I believe
00:51:55.280
earlier you did say you, you wanted, wanted people to get brushback pitches and, and be worried about
00:52:00.100
this. So I don't see what the principal distinction between making people afraid of getting sued and
00:52:06.480
writing a ban on, on this sort of instruction into state law. And then also as a practical matter,
00:52:13.100
these provisions, they, they relate to other state laws. So in Florida, for instance, I won't blame
00:52:22.340
you for this one, Camille. This was another New York Times piece, but there's a big New York Times
00:52:26.060
magazine piece by this guy, Timothy Snyder. This was amazing. Timothy Snyder. I read your rebuttal to
00:52:30.620
this online, Rich, and it was, I'm shocked by how horrible his piece was. Go ahead. Sorry to
00:52:35.700
interrupt. Oh, thank you. But anyway, he quotes this provision that was passed by the, the state
00:52:42.420
school board saying you, you can't inculcate, you know, kind of 1619 project that, that U S is
00:52:50.800
inherently racist. And so, oh my God, see, they banned teaching slavery, but the immediate prior
00:52:55.640
sentence in that rule was make sure that you are faithfully and accurately teaching in the history
00:53:01.700
of slavery, the history of Jim Crow. And the sentence after that in the rule says, make sure you're
00:53:06.800
teaching, you know, the bill of rights and all the amendments to the constitution, obviously,
00:53:11.840
including, you know, the, the, uh, uh, amendment, uh, eliminating, abolishing slavery, et cetera.
00:53:18.120
And then this rule doesn't stand alone. It, it's, it is a way, um, to, to let teachers know how to
00:53:23.840
interpret the, the state statute that sets out the standards for what students are supposed to learn
00:53:29.500
in Florida. And of course that includes African-American history and includes slavery,
00:53:33.280
includes Jim Crow, includes Martin Luther King. So the, these places, even with the problematic law,
00:53:39.720
uh, rules, they don't exist in isolation. They'll be interpreted, uh, in, in the context of existing
00:53:47.300
state standards that everywhere include teaching slavery. And it's just not the, I I'll bet, you know,
00:53:52.880
I'll bet you a dinner Camille at, uh, Gavin Newsom's failed favorite restaurant, French Laundry.
00:53:57.520
There's not one school district that's going to stop teaching slavery. No, I think, I think that's
00:54:03.560
about it. Yeah. Well, sorry. Last thing to go to the administration and say, okay, so what,
00:54:08.560
what can I, and can't I teach? And if the administration's doing its job, says don't tell
00:54:13.400
kids to feel guilty because of their race, do let them read, you know, Frederick Douglass,
00:54:19.140
Douglass, you know, what is the, what is July 4th to a slave? Yeah. What, what to the slave is the
00:54:23.420
4th of July. Yeah. Absolutely. Which is just beautiful. And people haven't read it. They should.
00:54:27.520
Um, listen, I, I would, I will say again, I think there, these laws are a variable quality. Some of
00:54:33.980
them are less egregious than others. Some of them are, are perfectly fine and are perhaps a bit
00:54:39.800
redundant in the sense that they're totally consistent with like the tradition of civil rights,
00:54:45.360
um, litigation that, that we have in this country. And, and that is, that is one category of issue.
00:54:53.500
I think the other category of issue though, is again, the limitations of, uh, a campaign to
00:54:59.240
achieve these bands broadly, perhaps nationwide and the energy that's being directed towards that
00:55:05.520
and the energy that's not being directed towards other issues. The sentiment that's being, I think,
00:55:11.760
pushed in many instances that these bands can in fact, quote unquote, save us, um, or save millions
00:55:17.640
of kids. When in fact, as you acknowledged rich, um, the reality is that people have to get involved
00:55:24.580
and stay involved, um, and remain involved. And, and I think a third thing to keep in mind,
00:55:29.520
just to kind of put this all into perspective, like there's a sense in which we can, we can allow
00:55:35.800
ourselves to become over-concerned, um, about some of these issues. Like the reality is that even,
00:55:42.780
even if, you know, there is a classroom where like Ibram Kendi's book is on offer or something like
00:55:48.840
that, like, it's not as though every single, um, public, public school program that is ever
00:55:56.020
introduced, like has this profound, like social consequence. And there's a sense in which I think
00:56:02.120
I do want people to be concerned about this. I do want them to be involved in their classrooms.
00:56:07.160
I do want them to be engaged with their teachers and asking serious questions about the way we're
00:56:11.800
approaching these issues. But I also worry about hysteria. I worry about imagining that the worst
00:56:17.120
possible thing is happening in every circumstance, because I do think that that could create, um,
00:56:22.700
sort of a cycle of panic and could induce people to behave in bad ways. I am in a panic because
00:56:30.180
it's horrifying what they're teaching these kids. It's not, it's not generic. It's not like,
00:56:35.020
okay, 10th graders read Kendi and then we'll discuss in the school. That's fine.
00:56:38.580
You know, you can, you can hit it, you can support it. You can do what you want in most
00:56:42.760
classroom settings. Although everyone knows the teacher is going to be on Kendi's side
00:56:45.980
just because they tend to lean left. Um, it's about the littles for me, the littles being told
00:56:51.420
that they need to be ashamed, right? These kindergartners, it's absurd being, being shamed for the color
00:56:56.800
of their skin. And it's happening in, in places like Iowa, you know, we had on, and in Wisconsin,
00:57:01.920
uh, we had on former Wisconsin governor, Scott Walker talking about a case out of Iowa that was
00:57:05.900
deeply disturbing. So it's spreading. It's already spread. We've already been derelict and letting it
00:57:10.080
get ahold of too many classrooms and too many school districts. And now there is a bit of a panic on
00:57:14.820
stopping it and doing what we need to get these teachers off of their pedestals, teaching the
00:57:20.440
wrong message, teaching messages that have been illegal for quite some time. And you need only switch
00:57:25.900
the races in the discussion to know that on a, on a guttural level. Um, but I will say this is one
00:57:32.120
for you, Rich on the language of the laws. There's another problem. It's not just the ones that instead
00:57:37.680
of saying inculcate, you can't inculcate these views with the students, but just, you can't even
00:57:41.720
include these concepts. That's not, that's not okay. You got, you got to revise those laws in like
00:57:47.180
Oklahoma and Texas, but some of these laws say, and I'll, and I'll quote, this is sort of an,
00:57:51.940
this is a standard clause for these laws. Um, it would be unlawful for teachers to include in the
00:57:57.640
classroom material that promotes division between or resentment of our race, sex, religion,
00:58:03.640
creed, nonviolent, political affiliation, social class or class of people. Okay. So they're trying
00:58:07.040
to say, don't teach the black kids to resent the white kids or vice versa. But my mind went to,
00:58:13.740
what about let's go back eight years when we had all those, uh, ISIS offshoots attacking various
00:58:21.100
pockets of the United States. And we did a lot of talking about radical Islam and what they stand
00:58:26.380
for and what they were doing. Right. Could, could we discuss what that religion or creed believes
00:58:32.220
under this law? Cause you could definitely make the argument that it promotes resentment of a
00:58:37.580
religion or a creed. And I could see a lawsuit based on that. And these very States saying what
00:58:43.400
again, I mean, it goes to what the meaning of promote is. I, I would think we wouldn't want any
00:58:48.760
teacher in America saying Muslim kids should feel badly because of ISIS. But it's material
00:58:54.040
that promotes resentment. So you're, you're presenting them material. Is a teacher promoting
00:59:00.600
it or is a teacher saying radical, but it still says material that promotes it. I think there's
00:59:05.780
a distinction there that, that, that you're making that isn't in the law. Is it the teacher
00:59:11.260
promoting it? Look, I think that the wording of some of these things is problematic. I'll readily
00:59:16.600
concede that. I just don't think there's good reason not to have well-crafted laws in this
00:59:23.320
regard. And I just don't think there's, it's not a choice between having these state laws
00:59:28.520
and having action in the school boards. You know, Texas passed this law at the same time
00:59:33.900
the parents of South Lake rose up against this effort in their schools to impose kind of a radical
00:59:41.140
anti-racist regime. You can, you can chew gum, you can walk and chew gum at the same time. So it's
00:59:48.100
not, it's not a choice. And the Texas law is, is messy in all sorts of ways, partly because of the
00:59:54.620
procedure of, of what happened. They kind of ran out of time and it wasn't what they wanted the final
00:59:59.420
version to be. And it will be cleaned up in the special session. And to Camille's point about panic,
01:00:04.780
I do think parents should be panicked. You should be panicked, but legislature shouldn't be writing
01:00:09.960
in a fit of hysteria. They should be carefully considering things like Stanley Kurtz's model
01:00:16.000
law, which was not written in a panic. This is something he's been pressing on and focused on
01:00:21.060
for years and, and making it airtight. Coming up, we're going to get into whether the Department
01:00:28.120
of Education is a meaningful resource to people who don't want this stuff being taught in their
01:00:32.980
schools. Here's a hint. Good luck. Before we get to that and what they're doing, we're going to
01:00:39.240
bring you a feature we have here on the show called Asked and Answered, where we try to address some of
01:00:43.180
our listener mail. And for the question, we have our executive producer, Steve Krakauer, who goes
01:00:48.380
through all the mail, both on our social media and on our secret account where you can email us,
01:00:54.460
Steve, which is? That's right. Yeah. Questions at devilmaycaremedia.com. We've been getting more and more of
01:01:00.740
ease every day, which is, which is great to see. I'm also getting a lot on social media, always
01:01:05.040
make it some noise on those social media accounts. But this one came to us from that email address.
01:01:10.340
Molly wants to know, do you still get nervous before interviews? And she wants to say, thanks again for
01:01:15.280
being such a strong woman with a strong voice, literally and figuratively.
01:01:19.560
Thank you, Molly. I don't really anymore. I have, you know, as recently as being in the prime time of
01:01:26.100
Fox, I remember I've, I've referenced this interview before with Dick Cheney, where he came on, it was very
01:01:30.840
contentious. He had tried to blame the Iraq war on Barack Obama. So, so weird for Dick Cheney to be
01:01:37.060
doing that. And I knew it was going to be contentious and Dick Cheney is kind of scary. So yeah, I was a
01:01:44.140
little nervous before that. And I know if you go back and look at it, you'll hear my, I was running out of
01:01:47.840
breath on a couple of the questions. And I remember talking to my therapist about it later. I'm like, I think
01:01:52.400
there might be something wrong with me. I was running out of breath in some of these questions.
01:01:55.180
And he's like, he asked me who you're talking to, what's going on. He's like, you were nervous.
01:02:00.340
Like, Oh, Oh, you know what? That makes perfect sense. Um, because it's not, I'm not that used to
01:02:07.640
getting nervous. So I was unfamiliar to me, but now I, now I see. And then, um, before that, you know,
01:02:13.620
now famous, infamous, depending on your point of view, debate with Trump and the woman question,
01:02:17.880
I was, I guess, a little nervous, like beef in the weeks, like in the days before the debate,
01:02:24.180
cause he was already really circling around me and calling attention to me behind the scenes. And,
01:02:28.760
you know, I was on his radar and in a negative way, but as you may have heard that day,
01:02:34.600
for whatever reason, I had a terrible stomach issue and that was not nerves. That was,
01:02:40.900
that was either a stomach bug or something more nefarious. Go ahead and read my book, settle for more.
01:02:46.120
And, um, I spent the whole afternoon throwing up in my hotel room and I did not know whether I was
01:02:52.880
going to make that debate at all. And, uh, Abby was with me in the hotel. Like she looked terrified,
01:02:58.860
terrified. I wasn't going to make it. Uh, but she got, she got some sort of a medication from my
01:03:04.440
doctor. And he said, if you can keep it down for 30 minutes, you won't throw up anymore. And I did,
01:03:09.240
I managed to keep it down for 30 minutes. And I went out there that night. And I, the last thing I was
01:03:12.640
thinking about was my nerves. I was, all I could think about was do not vomit on national television.
01:03:17.800
We had the whole plan. I was going to throw up in the bucket. The cameras are going to cut away.
01:03:21.300
They were going to cut the mics. The bucket was right with me. I had a blanket on my legs. We had
01:03:25.040
the plan for me to vomit in front of 20 million people. And so when you got that going, you know,
01:03:30.500
it's sort of like when you have to go get a shot and they pinch you on your other arm.
01:03:34.260
It's kind of what was happening there, uh, on the podcast, not at all. Cause it's,
01:03:37.960
I don't know. It's all within my control. It's, you can have longer fleshed out discussions. So
01:03:42.620
if something goes wrong, I don't know, it's just nicer because there's room for exploration,
01:03:48.220
nuance, emotional highs and lows. So I just find it less nerve wracking and more fulfilling on many
01:03:56.120
levels. I don't know. Nothing else coming to mind. Vladimir Putin, maybe a little,
01:04:00.120
not really though. I kind of, that was exciting. So anyway, long and the short of it is I'm in a good
01:04:04.240
business because, uh, nerves don't really hit me too much. I would say all my years of practicing
01:04:07.860
law very much helped. So, you know, like anything, if you're afraid of public speaking, do more public
01:04:12.420
speaking and it gets better. And, uh, you know, being on my feet, making arguments in front of
01:04:16.840
courts of law, being pummeled by nine times out of 10 male judges on my logic, my reasoning,
01:04:22.640
basically being treated like an idiot by opposing counsel. That's all good for you. It's not pleasant
01:04:26.980
in the moment, but it's good for you longterm. Uh, so anyway, thank you for the question, Molly.
01:04:32.000
I appreciate the shout out and the kind compliment. And, uh, to all those of you out there who would
01:04:37.020
like to do something challenging that may cause you some nerves, just whatever it is, do it and
01:04:42.180
then do it again and then do more of it and then do more of it still. And you two will cross over to
01:04:47.040
the other side where Dick Cheney no longer scares you. Am I there? I don't know. Maybe we'll have him
01:04:51.800
on someday and figure it out. Now back to our guests in one second.
01:04:58.040
One of the things that's jumped out at me and just researching all the various back and forth on this
01:05:07.660
is the feds have stuck their nose in here in a way that makes the state's reaction more defensible.
01:05:16.840
You know, the department of education is now trying to push through a rule that will funnel grants to
01:05:21.180
schools that teach critical race theory, that, that offer grants to us history classes that teach
01:05:27.740
CRT, the 1619 project, Ibram X. Kendi, et cetera, several million dollars. And so I can see the
01:05:33.320
argument that number one, the feds are, the feds are already sticking their nose into this. So each
01:05:38.360
state, you know, it being a federalist system is trying to fight back saying, Oh no, no, no, no,
01:05:42.680
you will not do that. And secondly, that normally you might, you might be able to complain to the
01:05:48.080
department of education. If this were happening, if the KKK, you know, messaging, you know,
01:05:52.040
Hitler was not all wrong with that kind of, you could go to the department of education and say,
01:05:55.540
yo, help us out. This is not okay. But they're planning on imposing CRT in American schools.
01:06:02.300
The department of education is the one that's funneling these grants out. So you can't complain
01:06:08.140
to them. You have no help other than some private lawyer who may or may not take your case.
01:06:13.320
Yeah. Yeah. I think you make a really good, important point that the sort of cultural
01:06:18.520
valence of the current administration is certainly more in favor of a more kind of
01:06:26.100
fundamentalist like approach to teaching about systemic racism and making certain that these
01:06:32.680
things are kind of inculcated throughout the curriculum, or at least that there are incentives
01:06:36.740
for folks to embrace this at the state level. And that's something that's worth drawing attention
01:06:40.480
to and something that's worth pushing back against. And there's a context in which that
01:06:45.700
ought to happen. But again, I just don't think these bans actually address that in any sort of
01:06:50.840
meaningful way. They certainly don't prevent it in most instances. So it still returns to this
01:06:57.700
question of exactly what do the curriculums, what do good curriculums look like? What does a good
01:07:03.000
approach to teaching about these complicated issues look like? What is a good approach to teaching
01:07:08.380
about systemic racism that isn't overly politicized actually look like? And I don't think we're having
01:07:15.480
a lot of those constructive conversations right now. We are imagining that the appropriate remedy
01:07:20.600
is to stop things. Don't you feel like we're getting close to that? Now, I don't argue that we
01:07:25.360
were doing it perfectly in the United States, right? Like the whole Tulsa thing. I think there was a point
01:07:29.360
that a lot of this stuff hasn't been taught or highlighted, and I get that. So you can always do better.
01:07:35.660
But I feel like we were doing this. It's not like any classroom in America, at least most,
01:07:41.920
were skipping over the civil rights movement, MLK, Jim Crow. We were teaching all that. And
01:07:48.800
the way the messaging is right now, going back to the Andrew Sullivan piece, is as if you've missed
01:07:56.280
the whole story. It's that the country itself is racist. Every institution is racist. And unless you're
01:08:01.720
teaching, they don't want teaching about Jim Crow. They want teaching the 1619 Project. This country
01:08:06.840
was founded to promote slavery, a proposition that's been roundly criticized and derided as
01:08:13.280
completely not factual by Nicole Hannah-Jones in the New York Times. They want a different way of
01:08:18.800
teaching that is not fact-based and is really just based in a far-left opinion and view of America that
01:08:24.060
is not supported, I would argue, and certainly not shared by most Americans. So the frustration is
01:08:31.340
the system was working okay, not perfectly, but okay. And they've changed it to a way that's really
01:08:37.420
racist. And that's what people are trying to fight back against, right? It's not like they've screwed
01:08:44.460
I think it's a question of the degree to which those changes have actually happened and the degree to
01:08:49.500
which, I mean, the reality is that the 1619 Project exists. It is one Pulitzer Prize that
01:08:56.900
people like Ta-Nehisi Coates have been writing for a number of years about these issues and are,
01:09:02.380
you know, revered, celebrated authors, journalists, wordsmiths. And their work is almost certainly
01:09:09.940
going to be analyzed by young people in class. Again, the question becomes the framework in which
01:09:15.100
1619 Project, you're saying it's there. It's there. It is absolutely there. And again, I think
01:09:20.740
that, and this is really a profound misunderstanding by many people, including, I think, Chris Rufo,
01:09:26.740
who read the New York Times editorial that we pulled together and was, I guess, profoundly offended
01:09:34.660
by it and took a great deal of it personally, despite the fact that it never mentioned him at all.
01:09:40.940
But the reality is that I think we were trying to do a number of different things in that piece,
01:09:44.880
as you do when you have a bunch of different people contributing. It's like kind of trying
01:09:48.680
to posit an affirmative vision for what our schools can be. I mean, that first paragraph or second
01:09:54.440
paragraph ends with a sentence that says that, you know, that the bad version of a public education
01:10:00.000
system in our society is one where, you know, you're practicing indoctrination. And that was those
01:10:05.480
words. I know when I saw them and we were including them, like they have particular meaning to me.
01:10:11.240
It certainly doesn't allow for, you know, a critical race theory indoctrination program
01:10:16.820
that, you know, the same editorial pushes back against the notion that the parents don't have
01:10:22.360
reason for concern, that they don't have reason to wonder whether or not the sort of stewardship of
01:10:28.040
their children's education is sort of in good, trustworthy hands. I think there are reasons to be
01:10:34.740
concerned. The question becomes like, what do we do from a policy standpoint to try and improve
01:10:38.740
things? And I think you're absolutely right. There's a sense in which, you know, I have many, many
01:10:43.320
challenges with our public education system. There are many things that I would like to see happen. I
01:10:47.680
think we do need profound reforms. But I also think you're right in the sense that I don't know that
01:10:52.560
there was a profound deficiency when it comes to sort of the curriculum and the approach to sort of
01:10:58.580
slavery and discrimination and the values that we want to get students to understand, at least
01:11:05.740
from my own experience, but in 2021, like they're going to need to be conversations and there are
01:11:11.720
necessarily necessarily going to be conversations about issues that are live balls today. There is no
01:11:17.740
universe where schools are going to be able to avoid discussions about the kind of issues that Black
01:11:24.620
Lives Matter had raised about, again, systemic racism, racial justice, or broadly, and quite frankly,
01:11:31.680
white supremacy and the new way that it's utilized. Like these things are going to come up. And I
01:11:38.260
think putting one's head in the sand and imagining that you can essentially just kind of make all of
01:11:44.740
the conversations safe via fiat is just, I think it's a mistake. This is going to be a hard problem
01:11:52.360
to fix. I just go back to the concept of kind of the 40-yard lines for public education. And Matt
01:11:57.660
Iglesias, former writer at Vox, now has a very popular sub stack. Progressive, but a heterodox
01:12:03.380
one. A week or two ago, I wrote this piece. I didn't agree with a lot of it. It criticized me
01:12:08.180
personally. But it made the point, you know, Nicole Hannah-Jones in 1619, that's not what should
01:12:15.620
be taught in the public schools. The public schools are like the basic consensus in between the 40-yard
01:12:20.740
lines. 1619 Project is over on the 20 or the 30, wherever, wants to be the 50, but it's not the 50
01:12:27.080
now. It's not even close to the 50-yard line. So why would you, we need kids, I mean, they barely
01:12:31.600
know about 1776. And we're actually going to go back and say, no, it's 1619. It's insane. And we
01:12:38.880
need to defend in large parts of the country just what's already being taught. Why does it need to be
01:12:44.740
distorted by these fashionable concepts that in important respects aren't even factual or good
01:12:52.520
history? That should be excluded from the K-12 education. By all means, you know, let's debate
01:12:59.840
it when they get to college and they're going to be indoctrinating colleges. What happens now,
01:13:05.440
unfortunately, and the point about how successful, you know, my friend David French's lawsuits have
01:13:10.620
been. Yeah, I mean, he's won many, many lawsuits, but talk to a college kid. Ask them whether they're
01:13:14.820
scared of speaking their minds in college campuses now. They are. They almost all are.
01:13:19.660
That has a lot more to do with the culture than the speech codes. Just rely on lawsuits to protect
01:13:25.420
us from the stuff invading K-12. I just don't think it's realistic. Can I just make clear,
01:13:30.340
in the future, please, please avoid sports references. You know me better than that,
01:13:34.580
Richard. That was beyond the pale. I'm going to make it up with baseball metaphors,
01:13:40.040
but I'll see some as well. Take it away, Camille. Yeah, I just wanted to ask a clarifying
01:13:44.840
question. 1619 Project. Some of these laws have specifically prohibited it from being
01:13:50.520
used in classrooms. Is that something you would support? Is that, you think, a good model?
01:13:56.840
I'm with Stanley. I think it's, you'd want to say you can't inculcate it. I don't see why it has to
01:14:02.640
be in history classes. I think it shouldn't be in history classes. I can see how it'd be in some
01:14:06.800
contemporary issues course, but if a high school student can get an excellent education with
01:14:16.700
learning everything she or he needs to know to have a good foundation in American history and
01:14:23.900
civics without reading Nicole Hannah-Jones. That, I think, is a fact. Yeah. Especially because the New
01:14:31.400
York Times has been quietly erasing all of her assertions on the country actually being founded
01:14:36.100
on slavery since they got hit by all those historical scholars. So if they won't even
01:14:41.360
stand by it, why would we be teaching it? I have a question for you, Camille, about your op-ed in
01:14:45.680
the Times. You guys, I guess I should say, write, the laws differ in some respects but generally agree
01:14:53.960
on blocking any teaching that would lead students to feel discomfort, guilt, or anguish because of
01:14:59.600
one's race or ancestry, and you go on from there. But that's not exactly what the laws say,
01:15:04.260
and it's an important distinction. The laws do not agree on blocking teaching that would lead the
01:15:09.980
students to feel discomfort or guilt or anguish. The laws don't want you to, they say you cannot teach
01:15:19.600
that an individual should feel discomfort, guilt, anguish, etc., solely because of your race or sex.
01:15:27.780
That is an important distinction. And do you think you should have been more careful on that one?
01:15:32.900
Well, I think that the language that we used probably could have been more careful in saying
01:15:37.940
that the implication of the law could be that you have a difficult time sort of talking about
01:15:45.520
various issues because once a student feels that they are perhaps, you know, made to feel upset or
01:15:53.480
guilty because of the way a concept is introduced, like there are sort of significant questions there.
01:15:59.480
I think the language that we utilized was supposed to lean into the fact that these are kind of,
01:16:05.820
there is a degree of subjectivity. And I think a lot has been made about the use of the word
01:16:11.340
could in the editorial, where the law itself probably uses the word should in a couple of instances,
01:16:19.160
as you just alluded to. But I think in practice, we're not talking about just the one line.
01:16:24.420
If it were just a matter of what the teacher is saying to the student and should, then I suppose you might
01:16:30.180
have a better argument. But in this particular case, we're actually talking about materials
01:16:33.560
that are being introduced and utilized in class. And it just becomes a lot more arbitrary whether or not
01:16:41.660
what's happening here is clearly a matter of someone being directed to feel a particular way,
01:16:47.520
or if the general kind of premise of a particular storyline or article kind of suggests that someone
01:16:56.580
ought to feel a particular kind of way. It's interesting that it's come to a point where conservatives are
01:17:04.140
now pushing for legislation to police speech, to police conduct in classrooms, in order to kind of preserve
01:17:13.940
feelings, because so much of the concern that had been kind of animating folks on the left for a very long time
01:17:20.660
has been concern about feelings, the notion of kind of words being inherently dangerous, of ideas being inherently
01:17:28.940
dangerous, of words being quote unquote violence. And I think that that kind of universalizing of this kind of
01:17:35.940
safetyist culture is something that probably ought to concern us and might be a very strong indication
01:17:42.820
that perhaps the approach to trying to address this problem is going in the wrong direction. I for one think
01:17:52.920
it is a bad idea that we're placing kind of subjective feelings kind of at the heart of our approach to
01:18:01.920
trying to have constructive, well-informed curriculum in classrooms and as the sort of standard for
01:18:10.680
whether or not we're doing the right thing in classrooms. Okay, I'm gonna let Rich take it, but I just
01:18:15.840
to clarify, so this is just one bill, by example, Tennessee. So the laws do not say it's a problem if anyone
01:18:23.620
winds up feeling discomfort, guilty, anguished, or distressed. They do not say you may not teach anything
01:18:31.600
that makes somebody feel that way. That is definitely not what they do. But some critics,
01:18:36.460
I mean, you guys, I read what you wrote. There's some other critics like Snyder and others in the
01:18:41.540
New York Times Magazine who really hit that and basically say this is all about a feelings law,
01:18:46.980
and that's not true. What the laws basically say is you can't teach the one race or sex is inherently
01:18:52.540
superior to another, that you can't teach that an individual by virtue of their race or sex is
01:18:57.300
inherently privileged, racist, sexist, or oppressive. You can't teach that an individual
01:19:01.780
should be discriminated against or receive adverse treatment because of their race or sex. You can't
01:19:06.040
treat that their moral character is determined by their race or sex. You can't teach that an
01:19:10.600
individual by virtue of their race or sex bears responsibility for actions committed in the past
01:19:15.020
by others of the same race or sex and so on. The only thing I say about feelings specifically is
01:19:19.400
what I just read. An individual, you can't teach that an individual should feel discomfort, guilt,
01:19:25.100
anguish, or another form of psychological distress solely because the individual's race or sex. So
01:19:29.580
I give it to you on that, Rich, and ask, does Camille have a point that he thinks, in essence, even if
01:19:36.440
the wording is not what he's saying, these other provisions basically come down to one's feeling in
01:19:43.780
sitting in class. Do they feel distressed? Do they feel like somebody's teaching one race is inherently
01:19:49.400
superior to another and therefore upset and more likely to file a complaint?
01:19:54.780
Yeah. Sorry. I feel, again, a little repetitive now. I think it's clearly aimed at teachers promoting
01:19:59.320
the idea that students should feel these ways. But I would have written the Tennessee law differently.
01:20:06.820
I think the Texas law should be revised. I think it will be. But this seems to me categorically
01:20:11.900
different than a speech code on campus that says speech is violence and certain things can't be said
01:20:19.820
and you have to run into a room to play with stuffed animals if you... That's not what we're talking
01:20:28.080
about. And two, there's this loose idea that conservatives are being contradictory here
01:20:35.760
because we've opposed speech codes on campuses, but here we're supporting these laws. Again, K-12
01:20:41.880
education is a different thing. These teachers are only supposed to be teaching what the state
01:20:49.060
broadly tells them to teach. So it's an entirely different area than college education, which should
01:21:01.820
be more free-flowing and academic freedom as well established as a practice and in the law.
01:21:08.740
Yeah. I have to say, so the piece you took issue with, Rich, by this guy Snyder, and people really
01:21:13.260
should read it in your rebuttal because it's fun. You went off on Twitter, but the guy's name is
01:21:17.580
Timothy Snyder. He's a professor at Yale. He's a totalitarianism scholar. And the piece was in New
01:21:25.700
York Times Magazine, not New York Magazine, but New York Times Magazine. And I was laughing out loud at some
01:21:30.680
of these points because he was saying, look, the aim of these laws is to protect people's feelings
01:21:36.780
over facts. And my first reaction was, the left loves to do that. Aren't they the ones who have
01:21:43.700
been lecturing us on, well, my lived experience is what it is, right? Like Meghan Markle's lived
01:21:49.520
experience is that her kid's not getting a title because he happens to be part black, even though
01:21:55.620
none of the facts supports that. But we're supposed to accept it because it's her lived experience.
01:22:01.920
The hypocrisy. And the other thing they say, he says in this is, look, history, he's saying history
01:22:07.160
needs to be taught. Well, it will be taught. But he's saying history is not therapy and discomfort
01:22:12.480
is part of growing up. Tell that to the statue topplers, to the folks who don't want the founding
01:22:19.080
fathers mentioned in the class because it's too, quote, triggering to those who want Hamilton
01:22:24.200
canceled, right? They want Winston Churchill banned. They want the Teddy Roosevelt statue removed from
01:22:29.800
the Museum of Natural History. Tell them history is not therapy and discomfort is a part of growing
01:22:33.840
up. I mean, to me, it's a bit rich. But strong feelings should be evoked by the teaching of American
01:22:40.360
history. You should be excited about by it. You should be inspired about by it. You occasionally
01:22:44.300
should be embarrassed by it. You occasionally should be disgusted by it. And again, I don't
01:22:49.220
think anyone is saying that you shouldn't teach these things that would evoke all those feelings
01:22:56.020
where the purpose of law is just to say teachers shouldn't go out of their way to say people should
01:23:02.800
feel guilty because of their race or one race is superior than the other. And I don't know why that's
01:23:08.000
not common sense. And Timothy Snyder, I think this this piece is a journalistic malpractice in the
01:23:15.780
extreme and that he hasn't even bothered or the New York Times to to look back and see whether what
01:23:21.640
he said was accurate or there hasn't been a clarification or correction, I think really speaks
01:23:26.000
poorly of the New York Times. He is a serious historian, I will say. I mean, he's written really
01:23:30.600
well-regarded, appropriately well-regarded books. But this is just propaganda.
01:23:35.840
Talk about a moral panic saying that, you know, Florida is no longer going to teach slavery or Jim
01:23:41.340
Crow is the definition. He says it's banned. He says Jim Crow seems to be banned in Florida schools,
01:23:46.580
which is 100 percent not true. He misrepresents the text of the Oklahoma law as well. And so there
01:23:52.560
are factual errors in here that are just obvious in addition to these weird statements that left me
01:23:59.260
with my jaw hanging like like he's talking about people like you, Rich, and Stanley and Chris Ruffo,
01:24:05.520
who are in support of these laws saying authoritarianism is infantilizing. We should
01:24:10.420
not we should not have to feel any negative emotions. Difficult subjects should be kept from
01:24:15.140
us. Oh, my God. That is what the whole woke movement is about. Right. You can't have any
01:24:21.240
negative negativity. You have to steer clear of anything difficult. I just told this story the
01:24:25.160
other day. But my daughter's school, they opened up a discussion about the Derek Chauvin verdict.
01:24:32.140
OK, she's she's 10. This is in her fourth grade school. Now we're in summer, but it's a couple
01:24:37.180
months ago. Derek Chauvin verdict. They give him a Newzilla article. They say, OK, let's talk about
01:24:42.040
the verdict. And the teacher stands up and says there is a massive problem in America of police
01:24:47.380
officers killing unarmed black men. Now, you guys know that's not true. That's that is a total
01:24:52.280
exaggeration. And one of the girls in the class said, well, wasn't George Floyd resisting arrest?
01:25:00.340
Now, she's read this in the article they handed out. And the teacher says they always blame the
01:25:04.800
victim. And my daughter says, well, wasn't he on a lot of drugs? And the teacher says,
01:25:11.220
this conversation is making me uncomfortable and I am shutting it down right now.
01:25:16.920
Well, Megan, Megan, that's such a that's such an interesting story. I mean, but but this,
01:25:22.820
I think, kind of brings that brings me back to the point that I was raising earlier.
01:25:26.800
Like the what's being sold, what's being what's being promoted by Rich, by by Chris is that well,
01:25:35.760
Chris Ruffo is that these bands are going to address many of these problems. That conversation,
01:25:42.000
you know, well, certainly the proposed legislation I mentioned earlier, where discussions about certain
01:25:47.340
things, even casual discussions are perhaps prohibited. That might have something to do.
01:25:51.920
That might limit it. But a properly worded piece of legislation here, one that, again, respects the
01:25:58.500
the the classroom and the ability of folks to have exchanges like none of them are going to present
01:26:05.420
that conversation from happening. No, no. And the only way. Yeah. The only way to deal with the kind of
01:26:12.360
cultural issues that are happening here is to get meaningfully engaged and to develop better
01:26:18.540
approaches to discussing these issues and to really just address the cultural defect. But it's not either
01:26:24.960
or, but it is often difficult to do multiple things at once. And at the moment, we are just pushing out a
01:26:31.420
bunch of kind of haphazardly designed bills in many instances. The Texas piece of legislation, as you
01:26:36.660
mentioned, has to be scrubbed. I think was the word that you used a moment ago, or perhaps recalibrated is a
01:26:41.860
better word. The Tennessee legislation you've acknowledged needs to be redrafted. There are various other
01:26:47.120
ones that have some some material defects and proposals that are making their ways through state
01:26:51.660
houses that have some serious defects. And all at the same time, these things don't actually fix the
01:26:58.500
problem and aren't actually actionable in most of the states in the union. And it does seem important
01:27:04.260
to acknowledge the limitation of this strategy.
01:27:06.460
Yeah, as it's unrealistic to say, there's one piece of legislation should fix everything.
01:27:14.340
It's a piece of legislation. These are legislations that the profilactic measures against kind of the
01:27:19.660
most extreme expressions of this. But the idea that, you know, the Texas legislature shouldn't do this
01:27:26.540
because it distracts us from fighting back against this more broadly. No, that Texas legislature writes
01:27:32.160
laws governing what's in the public schools. And then I, meanwhile, I can write about what Texas
01:27:38.820
is doing. I can attack Ibram Kendi's philosophy. The local parents in South Lake can do their thing.
01:27:46.800
It's a big country with a lot of different points of influence. And the idea that all of America is
01:27:55.500
consumed with what a state legislature is doing. So nothing else can happen, which I know I'm
01:28:02.140
caricaturing a little bit, but, but in the idea that you're promoting this, this is either or you can't
01:28:08.480
can't do one. It can't do the other. I think it's all additive. I think it's good to have state guardrails.
01:28:13.660
Let's write them carefully. Absolutely. Have the school board fights, write the solid curricula.
01:28:19.600
Those of us who have platforms, let's push back against this broad cultural campaign that's behind this
01:28:26.960
stuff. All that, all that is, is a good and necessary in my view.
01:28:31.680
But Rich, what about, what about Camille's point that this could backfire? He, as a tactical measure,
01:28:39.220
he has objections saying, you know, the public is sort of on the same page as I think the three of us are,
01:28:44.700
which is that they don't like this, this CRT being taught in schools. In fact, just pulling a couple numbers for
01:28:50.240
you. There was a heritage poll. 79% of voters say children should be taught about the American dream instead of the idea
01:28:55.200
that their destiny is tied to their skin color. 61% reject the idea that America is fundamentally
01:28:59.500
racist. A YouGov poll, 64% of Americans know about critical race theory. 58% view it unfavorably,
01:29:06.600
including 72% of independents who do not want it in schools. So the tide is on the side of, you know,
01:29:12.340
I think the three of us who don't like this, not necessarily in favor of bans, but his point is
01:29:17.340
going after teachers individually, stories making the news, somebody lost their job because they,
01:29:21.820
you know, misstepped that could turn in a, in an unhelpful way.
01:29:27.580
Well, I agree. We're basically, we're winning this fight at the moment, which is one reason why
01:29:34.840
the advocates of CRT are kind of backpedaling and say, Oh no, it's not CRT. What are you talking
01:29:40.200
about? That's only in law schools, but yeah, there's a potential of poorly drafted laws backfiring.
01:29:47.220
So let's write them appropriately. But I think it's, it's kind of wrongheaded to say, Oh, we have
01:29:53.080
really, really a strong public backing on this. So let's not do anything. Uh, let's, let's take that
01:29:59.840
and make it concrete across all these various spectrums I've talked about. Let's have appropriately
01:30:06.160
written state bans. Let's have a school board fights. Let's write better, uh, curricula. We can't
01:30:11.000
be frozen in place for fear of some misstep is, is going to make people in favor of critical race
01:30:18.180
theory and sort of the same principle applies. Okay. So if we're just going to rely on lawsuits,
01:30:23.040
guess what? There are going to be frivolous lawsuits. There just are, and there's going to
01:30:27.680
be a victim of a frivolous lawsuit. So should we not file lawsuits either? Um, if, if we take this
01:30:33.580
logical conclusion, it's just a prescription for letting this wash over us because there, because
01:30:39.340
someone might go too far in some realm and, uh, the country flips into all of a sudden favor of
01:30:45.160
this stuff. Of all the arguments against me, that's the one I dislike the most. The assertion
01:30:49.580
that I am suggesting that you shouldn't take me an hour and a half. Well, I hear it. I hear it all
01:30:56.900
the time. I am, I am not asserting in any way, shape or form that people should not do anything.
01:31:02.040
I am actually suggesting that this is a hard problem and it will not be addressed and remedied
01:31:06.540
easily. And that these bands in many instances will not materially impact the problem in the way
01:31:13.840
people imagine. It will not make the sort of disconcerting conversations that, that Megan just
01:31:19.620
referred to. Those won't go away. That is going to continue to happen. Right? So the question becomes
01:31:25.000
like, how do you actually resolve this in a way that makes everyone feel more comfortable inside of
01:31:31.400
our schools that makes it sort of satisfies this broader universe of concern? Can you do it by
01:31:37.100
banning concepts? Can you do it by, by, by outlawing or prohibiting the use or exploration of the 1619
01:31:44.300
project in your, in your school system? And the answer to that question is emphatically no. And
01:31:49.560
working on curriculum, leveraging the decades worth of civil rights, um, tradition, law and legal
01:31:57.260
tradition that we have in this country in where there are egregious things happening. And quite
01:32:02.020
frankly, yes, the journalists doing the, the important work. And I've, I've credited Chris for
01:32:06.560
this as well. Like when you see horrible things happening, like making certain that people can
01:32:12.120
find out about this. And oftentimes ridicule is a better weapon than, than regulation.
01:32:16.960
But my point though, um, I, I didn't mean to suggest, I know I, I, when I got my rhetorical flight of
01:32:23.120
fancy there, I might've, I didn't want to do it, but I got, I was on a run. Okay.
01:32:31.100
Yeah. I think my point though is, okay, you want to do lawsuits. Not all these lawsuits are going to
01:32:35.520
be worthy. Some of them are going to be frivolous. Some parents, their child is going to come home and
01:32:39.560
give them a misleading account of what happened in school and they're going to sue. So you should
01:32:44.160
oppose that as well because it's just less, it's less likely. It's less likely with the civil rights law
01:32:49.120
because these laws are mature. They have been around for a while. We have a history of adjudicating
01:32:54.600
these cases and, and these, these new fangled pieces of legislation, which as you've acknowledged
01:33:00.120
are often poorly written, the possibility for them to be interpreted in ways that are going to have
01:33:04.660
an unwelcome impact on the way classrooms operate is very real. And the possibility of getting that
01:33:11.300
negative news story that Megan referred to earlier, it's not just a matter of it being likely to
01:33:16.300
happen. It's already happened. You're going to see more of them. And the question is how many pink
01:33:20.860
slips are you willing to write in service of trying to do this? And at what point do you think that has
01:33:24.560
a backlash? And I, my suspicion is it won't take much. It won't take much. It'd be nice. Go ahead,
01:33:30.680
Rich. Right. I was just going to say that the lawsuits had the potential for, uh, abuse as well.
01:33:36.280
Uh, libel laws fairly well established defamation law. My magazine was still sued for, you know,
01:33:42.080
through a meritless lawsuit. So there is, uh, there's no precisely clean way, uh, to deal with
01:33:51.500
this. And I think we should use every, every tool we can let's be as, as careful as we can about how
01:33:57.500
we, we use them. But, but this is, it's a massive threat. And I just go back to, you know, we've,
01:34:01.920
we've kind of batted around the concept of, of panic and this is something that's common. It's,
01:34:07.620
and it's already arrived at the shores of some schools and it must be stopped for the good of
01:34:13.280
our kids, for the good of our society, for the good of our national unity. It has to be stopped.
01:34:18.140
So I I'm more concerned about that threat than I am about a poorly drafted legislation that I think
01:34:24.120
should, should be fixed in Texas. I have every confidence it, it will be fixed, but this,
01:34:29.800
this is something that we just can't, uh, that can't, can't be tolerated. Shouldn't be tolerated.
01:34:35.260
Well, we, we didn't have enough time to really get into, cause it's a whole other
01:34:38.900
issue. The, the notion of school choice, but as Camille points out, this does underscore the need
01:34:45.480
for it. And this has been something that's just been impossible when we have Democrats in power.
01:34:50.120
And even frankly, when we've had Republicans in power, we haven't made that much progress on it.
01:34:54.580
Um, but I think that if there's one benefit of COVID, it may be the weakening of the teachers unions
01:34:58.980
in the eyes of the American people. They're there, you know, the, the jig is up. We know they're
01:35:04.360
for themselves and not for our kids. And so hopefully, hopefully school choice will make
01:35:09.580
some inroads if not under president Biden, then under, uh, whoever comes after him.
01:35:16.380
Thanks for staying with us this far, the end of the episode and who's coming up on our next show
01:35:26.260
Can I just ask, I don't like to make the show about the show,
01:35:30.220
but since it was pretty well publicized that Chris Ruffo was originally going to debate you
01:35:35.300
on this, um, Camille, even though I absolutely adore Rich Lowry and would have him on every day
01:35:39.840
if he would do it. Um, he bailed. He didn't want to debate you and was pretty open about that,
01:35:46.780
even though he had come on your show, the fifth column, which I recommend to everybody.
01:35:50.720
Um, and then he bailed and you kind of gave him some jazz on Twitter and he,
01:35:56.000
he came back and said, okay, I'll do it. This is all, I have not spoken to Chris Ruffo. I know
01:36:01.240
what I know from Twitter. Um, he said he would do it and then bailed again. And I wonder why you
01:36:09.340
think he didn't want to come on and debate you, uh, in this forum. Um, well, I mean, there's,
01:36:14.100
there's probably some, some personal issues there. It's, it's actually, I think that the fallout,
01:36:18.220
like kind of from this editorial being written, um, has been really, really unfortunate. Um,
01:36:23.240
you know, Chris and I have known each other for some time. Uh, we're not like great friends,
01:36:27.760
um, but we at least had been more than cordial. Uh, you know, last week we talked a couple of times
01:36:32.900
after the publication of the article, we had very friendly conversations and he kind of went dark
01:36:37.220
on me. Uh, and then I discovered this, this screed that he wrote about me and the rest of the folks
01:36:44.240
who are associated with this piece in which he made a number of assertions, um, that we really don't
01:36:49.060
make in the piece, but we suggested that these laws were, you know, totalitarian. That isn't what
01:36:53.800
we said, um, that we were sort of scaremongering about these laws, bringing about the end of
01:36:58.020
democracy. That isn't what we said. Um, we defended, I think a culture of pluralism as like the guiding
01:37:05.140
principle for whether or not we want to pursue reform through these bands versus getting people
01:37:12.380
involved in classrooms and in their school boards in a different sort of way. And I think it's really
01:37:16.680
unfortunate that he's taken so much of it personally. I suspect that part of the challenge
01:37:20.320
for Chris is he has a great toolkit for confronting people who have diametrically opposed politics to
01:37:27.540
his, who won't acknowledge exactly who won't acknowledge that, that these, that they, that
01:37:34.040
there are meaningful abuses taking place, that there is a cultural shift that's happened that is having
01:37:40.080
repercussions and ramifications in classrooms and schools. Like I'm willing to acknowledge all those
01:37:45.720
things. What I challenge is the wisdom of this national strategy. What I challenge is in some
01:37:51.980
cases, some of the overheated rhetoric that I see Chris using in different contexts. And quite frankly,
01:37:58.700
I mean, we just have differences in style. I'm more than the, the, the MLK to his Malcolm X by any means
01:38:03.800
necessary. Um, I don't, I don't use, you know, sword emojis and, and kind of talk about this in terms of,
01:38:09.560
you know, a holy war or a crusade. Um, I think igniting a wildfire is easy, you know, building a
01:38:15.320
cathedral, doing something durable, something that lasts, um, is hard and getting a bunch of people
01:38:20.820
agitated is, is important and valuable. And you can direct that energy in constructive ways, but
01:38:27.080
again, passing rafts of laws that aren't necessarily well-constructed that will have unintended
01:38:34.180
consequences. And that are, I think, amplifying both the level of concern on all sides and
01:38:40.720
intensifying a culture war and perhaps inspiring a panic. I think that is, that is meaningfully
01:38:46.620
different than having a really constructive project here that is building kind of meaningful
01:38:52.500
coalitions across party lines so that you can get things done in a bunch of different places. And I,
01:38:59.040
I, I, I will continue to say that I think working on durable solutions, like Trump's like hysteria,
01:39:05.900
the hysteria can be good for some people and not so good for others.
01:39:09.160
I could just say that this is how out of touch I am. I was unaware of all this until I checked, uh,
01:39:13.640
Mel's timeline to make sure I wasn't missing any, any killer arguments he was going to use against
01:39:17.400
me. This is why I keep on getting canceled and rescheduled on podcast. If I could just say
01:39:23.980
you're no, you're no man's second choice, rich. Well, I will say I listened to the fifth column
01:39:30.800
podcast with, with you guys and Chris, and it was, I felt a little uncomfortable because he's a
01:39:35.600
little irascible and it was a little just, I don't know, something about it made me a little
01:39:39.380
uncomfortable. I could sense that there was a tension there, which is not exactly what I want
01:39:43.120
to bring to my audience. Anyway, I think this is a very gentlemanly debate. Can I say though about
01:39:48.020
Chris, it, it, Camille, you said, uh, igniting a brush fire is easy. No, it's not. This is a huge
01:39:55.260
contribution he's made to this debate. I say that's, that's fair. That's fair. He's, he's
01:39:59.980
talented. He, Chris is talented. He's charismatic. Sure. I just don't think he's always careful.
01:40:06.000
He set off this movement and I think it should be, it should be used in constructive ways. I think
01:40:10.860
he obviously, he believes it should be used in constructive ways, but this is, you know,
01:40:15.340
this is kind of a rare accomplishment for any journalist. I, most of us, you know,
01:40:20.700
let me weigh in on this. Yeah. Chris Ruffo, with all due respect, he's been on the show and I,
01:40:27.960
I admire him and I'm, I'm with him on most of what he's pushing. Um, but Chris Ruffo is the one who
01:40:34.440
called attention to what was happening at the federal agency level with critical race theory. And he
01:40:39.080
is the one who's, who sort of pushed that term to encapsulate all the stuff that's been happening.
01:40:44.020
But there have been a lot of people rich and I've been working with a lot of them. So I know that
01:40:48.360
they've been grassroots efforts to call attention to what's happening in these schools. You know,
01:40:52.580
there've been parents coast to coast taking massive risks. There've been people organizing big groups
01:40:56.440
like the ones I mentioned earlier. And, and I like Chris, but I do think it's slightly irritating when
01:41:01.320
he talks about himself as like the sole person responsible for this entire movement on Twitter,
01:41:05.680
because he's not, he's, he's played a really important role, but you know, the self-promotion is
01:41:11.480
an off putting thing about him. And I think he'd do better to be more, I don't know, inclusive of the
01:41:18.060
people who have, you know, who don't get accolades for joining this fight, um, and sort of give them
01:41:24.840
credit as opposed to continuing to promote himself. And as a personal matter, I think it's,
01:41:29.620
it's exceedingly unfair and disingenuous to suggest that myself, Thomas Chatterton Williams,
01:41:36.040
David French people who have talked about, um, these, these same issues and raised severe concerns
01:41:41.460
about them, that a disagreement about the stress, the strategy and approach to trying to address that
01:41:46.780
problem makes us quote unquote enablers. Um, the piece, the editorial that we wrote was, you know,
01:41:52.900
reposted and promoted and endorsed by the likes of Glenn Lowry and John McWhorter, I believe Andrew
01:41:58.940
Sullivan also, um, quote, tweeted it and directed some attention to it and gave it some praise.
01:42:04.580
Are, is he suggesting that they are all enablers as well? There's something really disreputable
01:42:09.940
about that. And there's something really disreputable about leveling charges and allegations
01:42:13.660
like that, but what broadcasting them to the universe and then not showing up to, to essentially
01:42:19.820
have a conversation with the person who you've made those allegations about. And I suspect that
01:42:24.420
part of his concern was that, um, one of my coauthors, Jason Stanley posted something that I think
01:42:30.400
is beyond the pale, something along the lines of suggesting that Chris was like a white nationalist
01:42:34.280
and I told him that I thought that that was, I told him, I thought that was completely
01:42:37.540
unacceptable. Um, he did take it down. He didn't apologize, but I'm not responsible for
01:42:43.000
what Jason Stanley does. He didn't want to debate you. And then I think you guilted him
01:42:48.360
back into it. Something agreed to do it again. And then he bailed again after the, uh, Stanley
01:42:54.320
tweet, which was beyond the pale. And you know, that was out of line Stanley's tweet. So again,
01:42:58.780
I support what the guy's doing. I just think that if you're going to get that in somebody's
01:43:02.760
face on what they've written, right? Like he did with you, then come on and defend it.
01:43:06.840
Come don't, you know, rich doesn't very admirable job on it, but he, he should have been here
01:43:11.000
defending his taxi launch. Megan. Cause I, you just asked me to come on. I say yes, no matter
01:43:16.500
what. And what did I say when you asked me on national review? Oh, hell yes. When can I show
01:43:26.740
this is true. But I just say about Chris, I don't denies credit for other, other people
01:43:31.800
who fought that, but I do think you've had a whole huge role crystallizing it and, and catalyzing
01:43:36.400
it. Yeah, he has for sure. All right, guys. Well, thank you for all of that. And, uh, I guess
01:43:41.680
we're, we're going to leave it for the audience to decide, which is just exactly the way I like
01:43:44.940
the show to be that we report, they decide, but I think we've had a thorough fleshing out
01:43:49.100
of the issues and I appreciate it. Absolutely. Thank you. Thank you both.
01:43:56.540
Do not miss Friday show. Dr. Ben Carson is coming on. Yay. I love him. He launched his
01:44:03.700
campaign on the Kelly file. Uh, with us, we did this long backstory piece on him. It was
01:44:07.900
fascinating. He's fascinating. He takes such a beating, doesn't he? By the press, but he's
01:44:12.660
brilliant and fearless and really damn smart. So don't forget to tune into the show for this
01:44:20.080
Friday and go ahead and subscribe now. So you don't miss it and download. And while you're
01:44:23.840
there, go ahead and give me a five-star rating and a review. I'd love to know where you stand
01:44:28.500
on these critical race theory bands. Are they a good idea? Uh, or are they a sacrifice principle?
01:44:34.600
Are they the wrong choice, uh, in coming up with the right weapons to fight against this nonsense?
01:44:41.240
Uh, let me know your thoughts and go to Apple reviews or wherever you can go to our social
01:44:45.120
media, but love hearing from you and don't miss Friday. Ben Carson. Boom. Thanks for listening
01:44:51.240
to the Megan Kelly show. No BS, no agenda and no fear. The Megan Kelly show is a devil may
01:44:58.680
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