Do Bans on Teaching "Divisive Concepts" Interfere with Students' Right to Know?

Abstract:

Twelve state legislatures have passed laws prohibiting teachers from teaching critical race theory. Several school boards have already relied on these “educational gag orders” to fire teachers who have tried to cover issues such as white supremacy. This article examines precedents such as Garcetti v. Ceballos as applied to the question of whether or not elementary and secondary school teachers have academic freedom to determine their curriculum or whether the ultimate arbiters of school curricula are elected officials on school boards. Although courts have been reticent or antagonistic toward the idea that elementary and secondary school teachers should have the protection of academic freedom, some judges have upheld the principle that high school students have a First Amendment right to receive information.

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