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Send a question or comment using the form below. This message may be routed through support staff. Many on the left praised the move as a step towards racial healing, and accused critics�even those on the left�of bigotry. However, critical race theory, which takes aim at color blindness and American capitalism and treats all disparities as systemic, warrants a debate on its merits.

Critical race theory has gradually crept into the administrations of universities, government agencies, and private workplaces. For many Americans, its introduction into K�12 education�both public and private�was a wake-up call about the spread of the ideology.

Heller Professor of Law John Yoo on the legal landscape for those invested in the opposition, and what the legal battle may look like in the future. Good afternoon.

Today we are discussing critical race theory. A group of legal scholars came together in the s and '80s because they were dissatisfied with the way of thinking about race that came out of the civil rights movement.

One of the core claims of critical race theory is that objectivity is not possible. Anything that claims to be objective, whether you're talking about knowledge or the standards by which we judge academic achievement, is actually white supremacy in disguise. When the civil rights movement defined racism concretely in terms of racist individuals whose minds could be changed, and racist laws which could be overturned, critical race theory defined racism abstractly.

In critical race theory, white supremacy became an abstract, society-wide skewing of opportunities. White supremacy, it alleged, is all around us. But we're like the proverbial fish in water: too close to see the racism right in front of our noses. For years, critical race theory remained confined to the academy, but in recent years it has spread. KIPP, the nation's largest network of charter schools, a few months ago changed their slogan from "Work hard, be nice" to get rid of the "work hard" component, because it implied that hard work was enough for a black person to succeed.

Many people have been alarmed by the spread of these counterintuitive ideas about how to approach race that have recently been seeping into the K-through curriculum at many people's schools, and so we've gathered a few experts on the subject to discuss this alarming trend. Heller Professor of Law at University of California. Professor Yoo is also the director of the law school's program in public law and policy and the director of the Korea Law Center and the California Constitution Center.

And we have Christopher Rufo; Christopher Rufo is a writer, filmmaker and researcher, as well as a contributing editor of City Journal. He's been carefully documenting the spread of critical race theory within government agencies, private organizations and schools, as well as leading the legal challenges to critical race theory in schools. We will try to get to as many of those questions as we can, and please, if you are on Slido, please write your name so that we can identify you when we are answering your question.

Okay, let's start with you, John. One thing I've noticed studying critical race theory is that it's very difficult to find any critiques of critical race theory from within the academy. I think I know of one paper by Randall Kennedy from the '90s, which actually criticizes this very controversial set of ideas, which you would expect there to be robust criticisms of. So is there a critique of critical race theory from within the academy, and if not, why not?

Well, Coleman, there is. First, let me say thank you very much to the Manhattan Institute for inviting me. It's great to be with you, Coleman, great to be with Mr. Rufo, who I've not met before.

I'm really pleased to be participating in another Manhattan Institute event, I think so highly of the institute and all the great work it's doing. I'm just sorry So I'm happier to be in California today. It's a great question, Coleman, because you've really noticed, and as someone who's not in a legal academy, you can speak more honestly, in a way, about the problems we have dealing with critical race theory than those of us on the inside, because you're right.

If you were to ask scholars, give me a good example, the leading example of a critique of critical race theory, they are few and far between. The article you're referring to by Randall Kennedy, written, it's got to be more than 20 years ago now, is one of the few prominent examples.

I can think of just one or two others, a book by Dan Farber and Suzanna Sherry, I think it was called Beyond All Reason, that came out in the early or mid-'90s. An article by Jim Chen, both these are friends of mine, called Unloving. And one reason why, Coleman, you don't see more writing, more criticism of CRT is to look at the responses those articles and books got. There were symposia held about each of those three articles, where several scholars accused them of being racists, accused them of fraudulent scholarship, accused them, in some cases, accusing them of, my friend Jim Chen, who's Asian, he was asking, is there such a thing even as Asian-American critical studies?

They accused him of not really being Asian. There's a huge backlash within the academy against anyone who questions critical race theory. On the other hand, in response to the first part of your question, Coleman, there's a lot of points to raise.

There's a lot of criticism to be leveled at CRT, and it actually would be even good for CRT to engage with critics, to become better, rather than to sort of be in an echo chamber where you don't hear critical scholarship and discussion. Some of those points, those who are more philosophically and political theory-minded, which is a lot of people, I know, who are involved with the Manhattan Institute, will know that critical race theory is just sort of the latest descendant of Marxism.

It specifically comes from a school called critical theory, which is associated with something called the Frankfurt School, Frankfurt's approach to history. That turned into something called, descended in the legal academy to something called critical legal studies, and from that came critical race theory.

Now, Marxism and the Frankfurt School, just put very briefly, said that most institutions and rules in society are about oppressions. Marxists like to think it's about oppressing people based on their class, which derives from their role in the means of production. The critical theory people move the ball a little bit farther and said, well, the oppression is primarily ideological. Critical race theory said, well, the oppression is really based on race. So when you see things like the New York Times' Project, that's just sort of rough journalistic attempt to bring critical race theory to the masses.

But the basic idea is a critical race theory idea. If you remember, The Project says America's not founded in with our revolution, it's not founded in with the adoption of our Constitution.

It's really founded in when the first African-American slaves are brought to the United States, and our history ever since then has been one of oppression. There's a lot of problems with this.

Many historians, the leading historians in our country of conservative and liberal bent have said The Project is fundamentally wrong, if race is the single variable that it counts for all of American history. I think that's also true of critical race theory in general. Race is an important factor in our history, it's an important factor to the way people think. But to say it's the single things that explains everything in our society, politics, law, culture, is, I think, mistaken.

The other main criticism familiar to the ones, people who have criticized Marxism too is that, what's the solution? When Marxists got in charge, they wanted to put in place, and this is idea of Marxism or critical race theory is we have to burst through, radically upset and revolutionize society to get rid of all this oppression.

Well, look what happened when true believers got in charge with this as their mission. They tried to centralize power so profoundly in a government, to establish and enforce their rules of a just society, and Marxism led, I think, to the worst human suffering and death and waste of the 20th century. And I think CRT still has that problem that Marxism has, is what are you going to do about a society that you claim is so fundamentally, essentially racist to make it better that doesn't involve handing power over to an elite group of people who have their own ideas who may very well make things far, far worse than a society that has, and this is my counter, yes, has tried to live up its own principles of equality and freedom and has gotten better and better every decade, and is aware of its faults, but tries to correct for them, and nothing is ever perfect.

The union is not perfect, our nation's not perfect, but I think the market speaks for itself. There are millions and millions of people who gladly trade their places to come and live here, rather than any other country on Earth.

Thanks a lot, Coleman. Sorry I went on at great length, but you got me too excited and I couldn't stop myself. But thanks for-. Not at all. That was a great answer. So I want to pivot a little bit from the philosophy of critical race theory to how it's manifesting in people's lives right now.

This will be more in your wheelhouse, Christopher. As I said, CRT remained confined to the academy, and most people had never heard of it in the '80s and '90s, unless they were actually a part of the movement itself. But now we're seeing it influencing administrations of universities, government agencies, private workplaces, and K-through I think John laid out the theoretical case about CRT, and I think a lot of my most recent investigative reporting work is really looking at it as it's manifested itself in institutions.

I think this all does emerge from the Frankfurt School theories of Marxism, and the idea was that maybe seizing the means of production and for the physical economy, like factories and other manufacturing facilities, that's not necessarily the way. We need to actually seize the means of cultural production. That's the way we can get kind of past the bulwark of a large and rising American middle class.

Frankly, 50 years after they marched, after they announced their idea to do a long march through the institutions, echoing, of course, Chairman Mao, they've largely done so, in my view.

I think now, kind of with this astonishing speed, critical race theory has jumped out of academia and now is becoming the default operating ideology of American public institutions. I've reported in dozens of federal agencies that are conducting critical race theory-based trainings, everything from the FBI conducting intersectionality workshops to taking the white male engineers from our national nuclear weapons laboratory, sequestering them in a resort for three days, forcing them to deconstruct their white male identity, telling them that their identity is consonant with the KKK, with lynchings, with MAGA hats, and then forcing them to apologize for their inborn racial and sexual identities.

These kind of programs are reported now on dozens I reported, for example, on a middle school in Missouri that was forcing teachers to locate themselves on an oppression matrix, dividing the white male, Christian, English-speaking, middle-class teachers into the oppressor category, and then the racial and ethnic minorities, religious minorities, women and sexual minorities, into the oppressed categories, ignoring any of their own individual stories or behaviors or beliefs.

This really crude separation is happening everywhere, and I think the same reason that, as John outlined, it really has gotten very little pushback in academia is the same reason it's getting very little pushback in other institutions, whether government or corporations or schools: because people are afraid to stand up against it. And I think critical race theory did something that I think is intellectually dishonest, but justified by their view of power.

And actually, very clever; they constructed their argument like Mousetrap. And Ibram Kendi or Robin DiAngelo, the new corporate HR gurus of this movement, basically have constructed this argument where, if you oppose critical race theory, that's evidence of your own guilt, of your own white fragility, of your own internalized white supremacy.

So they make an argument that the only possible opposition is interpreted as essentially the truth of the theory, or kind of false consciousness, again, derived from Marx. On a very practical level, a parent in a school district that sees some of this stuff coming in is saying, am I going to be called a racist or a white supremacist? People, I think, don't have the language or the vocabulary, and then I think, in many cases, don't have the courage, because they will truly be the first people standing up.

To wrap up my introductory segment, the only bright spot that I've seen is, actually, the Asian-American community in states like Washington state and California has been remarkably successful in pushing back against critical race theory and related ideological programs.

I think in part because there is a commitment to the meritocracy; I reported on people who said, look, we left Communist China to come to the United States because we think the cultural revolution that we experienced in our home country is bad. We came here because, as you talked about, if you work hard, you study hard, you have a little bit of luck, you can succeed. And I think also they're, in some ways, almost immune to the criticism of being white supremacists.

On the face of it, it's ridiculous, right?


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