Republicans Once Again Threaten Freedom of Speech

Virginia's new Republican Governor, Glenn Youngkin, has once again demonstrated that Republicans are not at all on the side of free speech, as they often pretend. On his first day in office on January 15th, Youngkin passed sweeping executive orders banning the “use of inherently divisive concepts” in public schools. The order, which does not define the term “inherently divisive” is meant to target the bogeyman of “critical race theory,” which is not taught in Virginia public schools. Nonetheless, the Youngkin campaign used it as a buzzword in the last election and his executive order is a follow through on his promise to ban it.

This executive order is a masterclass in double think. It bans “inherently divisive” concepts but claims that, “our children deserve far better from their education than to be told what to think.” Certainly this is true. So why then does the Governor feel the need to tell students what to think? Why are students not allowed to think that, “ some students are consciously or unconsciously racist, sexist, or oppressive, and that other students are victims?” But the order slips far down the slope of censorship, banning not merely “critical race theory” but also any divisive concepts in schools whatsoever. The very first order reads that, “ The Superintendent of Public Instruction shall review all policies within the Department of Education to identify those that promote inherently divisive concepts. Such policies shall be ended.” Such broad language is anathema to the First Amendment. Schools are the prime location where divisive discussions need to be held. It is with a trained professional, involving students from all walks of life within the contours of a classroom, that such conversations are most likely to be fruitful and beneficial to our democracy.

This sort of disgusting tactic ought to raise ire among anyone who says they support freedom of speech. Its effect will be to chill important conversations held in classrooms around the state in pursuit of a narrative that pretends that America, and Virginia in particular, is clean of racism, sexism, and all other bigotry. This claim is ludicrous on its face, especially given the protests held in the last few years, and the Governor's weak call to acknowledge history good and bad within the order is nothing more than language designed to hide its effect. The effect is that “bad” history will be called “inherently divisive.” After all, there is no factual basis for denying the continued existence of systemic racism in America today — it is apparent in the persistence of de facto segregated neighborhoods, churches, and schools, in the still existing division of minority communities by highways, the location of fossil fuel infrastructure, and so much more. Reality, however, is unlikely to intrude upon the Governor's office which seems committed to a policy of total innocence and naivety.

I'm optimistic that this nonsense will be short-lived and have little impact, however. In the first place, its vague language is absolutely meaningless; there is no such thing as an “inherently divisive concept” in either education or in the jurisprudence of the First Amendment. Even if there were, however, limitations on political speech receive the highest scrutiny in the courts, and this is unlikely to pass that bar. Why even use this language then? It could be an attempt to appear somehow politically neutral by purging education of any divisive concepts, but the language and context of the bill make it clear that it is meant to target the supposed use of “critical race theory.” Since this concept is not taught in public schools in Virginia, the actual, direct impact of this order to likely to be fairly limited. It is, however, in the chilling of speech by both students and teachers in having difficult discussions in classrooms that the negative effect of this order is most likely to be felt. If disciplinary action is actually taken against any personnel, I'd wager there would be a lawsuit on hand ready to challenge this order.

I doubt it will be, but the wave of orders and laws exactly like this one across the country ought to be the end of the contemporary media narrative that the Republicans are somehow on the side of free speech. They are absolutely not. As this order shows, they are completely willing to censor anyone that dares to still speak out against bigotry in Virginia. The only question is how long it will take the media to catch on, and how long those of us in this state are going to tolerate having our Constitutional rights trampled by a right-wing regime.

For a news article on this issue, please click here

And for the order itself, please click here

Edit: Here is a great response to the way that Youngkin tries to misuse Martin Luther King Jr.'s legacy in this order.