Judicial Infamy

By: Daniel Nardini

In a decision that will impact all Arizona public schools that teach ethnic studies, administrative judge Lewis Kowal ruled that the state’s public school’s teaching of ethnic studies—particularly Mexican American studies—violates state law. The law states that no public course can be taught that “preaches hate against any particular group and promotes ethnic solidarity.” In other words, teaching pride and knowledge about Mexican Americans is no acceptable. If any school violates this law then they can have up to ten percent of their funding withheld. The law is now being appealed to the Arizona Superior Court, but in the mean time the law is being upheld as legal.

One could ask what “preaching hate against any particular group” actually means? If it means that Mexican Americans were denied their rights, had their lands stolen, and were unable to seek justice in American courts for redress then yes one can say that this is teaching “hate” against those who repressed them. It is also teaching the truth. These things did historically happen, and no amount of censorship will ever change this. If the law states that it is illegal to promote “ethnic solidarity” then one can say this is “wrong.” Does ethnic solidarity mean that one is disloyal to the United States and does not want to be a part of it? We have ethnic studies in Illinois—in the public as well as private schools. I have seen no attempts at arguing about detaching any part of Illinois and calls to make it a part of Mexico, Canada, Poland or China.

The utter ridiculous situation that is happening in Arizona is due to a handful of extreme reactionary politicians who are seeking to cause ethnic and racial division along with repressing people who do not agree with them is what this state law basically banning ethnic studies is all about. And the law is really aimed at Latinos. That the state judiciary would agree that this law is “constitutional” only adds to the infamy. So Latinos and others are now not allowed to learn about their own history, their own cultural and social heritage because it is “teaching solidarity.” So now to teach about the truth is “preaching hate” because this teaching tells the truth of historic injustice. I can only hope that this law will end up in the federal courts and will go all the way to the U.S. Supreme Court if necessary so that it will be struck down as unconstitutional. What is at stake is not only truth but freedom of speech. And ultimately what the State of Arizona politicians are doing is suppressing freedom of speech as well as the truth for their own political ends.

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