After being signed into law on April 28, 2022 by Gov. Brian Kemp, Georgia’s Senate passed House Bill 1084, which effectively bans the teaching of “divisive topics” in schools and went into effect on July 1, 2022.

In totality, the bill defines nine concepts as being “divisive,” which include:

1. One race is inherently superior to another race;
2. The United States of America is fundamentally racist;
3. An individual, by virtue of his or her race, is inherently racist or oppressive toward individuals of other races, whether consciously or subconsciously; 
4. An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race;
5. An individual’s moral character is inherently determined by his or her race;
6. An individual, by virtue of his or her race, bears responsibility for actions committed in the past by other individuals of the same race;
7. An individual should feel discomfort, guilt, anguish, or any other form of psychological distress because of his or her race;
8. Meritocracy or traits such as a hard work ethic are racist or were created by individuals of a particular race to oppress individuals of another race; or
9. Any form of race scapegoating or race stereotyping.

While critical race theory is not a clearly defined concept on the list of things labeled as “divisive,” this list does encompass a vast majority of things that are generally taught in these lessons. Critical race theory is defined as a cross-disciplinary examination, by social and civil-rights scholars and activists, of how laws, social and political movements, and media shape, and are shaped by, social conceptions of race and ethnicity. The concept of critical race theory arose after Derek Bell, lawyer, professor and civil rights activist, contributed to critical legal theory with the addition of race.

“Critical race theory says racial prejudice, racial hostility, racism, etc, are ingrained in society, and culture. And they are embedded in our institutions. And so when decisions are made, programs rolled out, resources are dispersed and handed out. All this has been done through the political lens of racism,” Chester Fontenot, Baptist professor of English and director of Africana studies at Mercer University, said. 

Many scholars would argue that it is important to teach critical race theory in schools due to the importance of people learning the entirety of history, regardless of if the content is positive or not.

At its core, critical race theory is not meant to be divisive, but rather it is meant to teach people the whole truth that they may not have previously been aware of. 

Despite the banning of the teaching of critical race theory, there is an argument that could be made for the idea that it was never truly being taught in schools to begin with. As children and teenagers progress through primary and secondary schools they sometimes will learn about slavery, Native American genocide or Latinx oppression, but these lessons do not fully encompass the totality of what critical race theory is about.

“In my career as a college professor, every year, more than 90% of my students had no familiarity with texts written by people who are not white, especially white men,” Fontenot said. “And when I started talking about historical events, it happened to people of African descent etc, even the black kids, young people, they looked at me as something that they are learning, now.”

In practice, the banning of critical race theory in schools is the prohibition of things that were not already being taught, but to a further extent it is an insurance that they will not be taught in the future.

Another important aspect of critical race theory is that it is primarily taught in law schools which makes it unusual to ban at other levels of education. In the future, one implication of banning critical race theory is that this will potentially impact the ways in which teachers approach teaching their students during Black History Month and other observances of marginalized races. 

As of January 2021, 42 states have taken steps to restrict the teaching of critical race theory in schools. Of those states, 17 of them have officially imposed legislation that either prohibits or bans the teaching of critical race theory. 

“The law passed because the Republican Party was able, right here in Georgia, to gain control of the legislature. The most significant offices in the state who control gerrymandering for the most part,” Fontenot said. 

As the suppression of critical race theory continues, the implications of it will become more apparent, and may potentially face backlash on the basis of the First Amendment right to free speech. 

The vagueness of this law makes it simultaneously confusing to interpret and easy to challenge. While the intention of this legislation has been to silence speech, it is likely to contribute to the evolution of more questions regarding racial dynamics.

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