Jonathan Feingold
@JPYGold
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@BU_law | #RaceClass | #CriticalRaceTheory | https://t.co/Vy1PlzM7L9
Joined August 2015
After yesterday's disturbing House Cmte hearing, *500* Concerned Law Professors sent a letter denouncing Chairwoman Foxx's assault on free speech and academic freedom. Use of govt power to harass academics must be stoutly resisted. read, share, sign.
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Cop City protesters have been warning us this is inevitable and by design.
#BREAKING: Officers from the Emory Police Department, Atlanta Police Department and Georgia State Patrol began using gas and arresting protestors around 10:20 a.m. this morning. The protestors had set up an encampment on the Quadrangle around 7:30 a.m. Story to come.
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class-based admissions policies cannot do the work of race-based admissions policies. why? .bc racism is more than class disadvantage and class disadvantage is raced.
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@AAUP @BORUSG two weeks ago, @JohnsHopkins pres. ronald daniels wrote a @washingtonpost op-ed explaining why "authoritarian regimes attack independent universities." he focused on Afghanistan. he should have focused on the US. Georgia is a trend. Not an aberration.
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faculty hiring season is here and I have one message for all the departments preaching intellectual diversity:. Hire 👏 More 👏 Critical 👏 Race 👏 Theorists.
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I’m sure it’s been noted, but teachers in Alabama (and across the South) would get fired if Reggie Jackson said this in their classroom.
Alex Rodriguez asked a question. Reggie Jackson answered it. (Shouts to the producer and rest of the desk for staying out of Reggie’s way and just letting him talk. I doubt they expected this answer. But it’s a great few minutes of television.).
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Colorblindness is a racial preference for students who never have to think about race.
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rightwing efforts to defund higher ed began in the 1960s because . wait for it . that's when the Civil Rights Movement & Student Protest opened higher ed to people of color and all women.
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🚨This weekend, nearly 200 Jewish Academics signed letter urging Senate & Biden to reject Antisemitism Awareness Act. Why? Because prohibiting criticism of Israel makes Jews less safe. Massive ideological spectrum of signatories. Read. Sign. Share. ⬇️.
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Carson is a nice example of SCOTUS's emerging anti-(most)parents' jurisprudence. All parents have to subsidize Christian academies -- even if those academies wouldn't permit a parent's kids to attend.
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And now over *625* concerned Jewish Faculty have denounced efforts to conflate criticism of Israel with antisemitism. When will media & dem leadership get the message that ADL and AIPAC speak for Netanyahu, Not Us.
🚨This weekend, nearly 200 Jewish Academics signed letter urging Senate & Biden to reject Antisemitism Awareness Act. Why? Because prohibiting criticism of Israel makes Jews less safe. Massive ideological spectrum of signatories. Read. Sign. Share. ⬇️.
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wondering why DeSantis keeps targeting academics & universities? read this @washingtonpost piece from @JohnsHopkins president Ron Daniels.
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This @wpnick @washingtonpost piece on the College Board disappearing words like "systemic" and "reparations" from the AP Afro Am curriculum is something else.
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if yesterday's oral argument made one thing clear: .we remain a country more hostile to racial remedies than racial inequality.
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Maybe time for law schools to stop telling students (in direct and indirect work ways) that doctrine is distinct from policy and politics.
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not sure what's more absurd about the Ed Blum suing big corporate law firms. the fact that he's invoking 19th century abolition laws to keep big law white OR that big law is now the defender of equity, diversity and inclusion.
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DEI constitutes a varied set of policies and practices broadly designed to desegregate institutions. The campaign to discredit DEI is a campaign to discredit desegregation. The campaign to dismantle DEI is a campaign to dismantle desegregation.
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another lesson from the @usnews + @CollegeBoard debacles:.two big businesses only loosely linked to education sure do control a lot of our education ecosystem.
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Want’s worse than US News’ law school rankings? . mandatory first-year curves.
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today is a good day for every university to double down on those antiracism statements they wrote in 2020. don't be silent now.
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just a reminder that SCOTUS did not end affirmative action. that hasn't stopped schools across the country from gutting legally defensible programs and policies. maybe time for a pause? . in print soon w #JCUL @NACUAtweets .
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white men are routinely admitted to Harvard and other elites with lower mean test scores than their Asian American counterparts. If you're a proponent of the "mismatch" hypothesis, doesn't this mean all those white men would be better off at "less competitive" schools.
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@Paul_Bowers @Paul_Bowers if you're not familiar with @CRSatUCLA's CRT Forward Tracking Project you might want to check it out. Most comprehensive database of school board level anti-CRT policies.
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Join us next week for #CriticalRaceTheory #CRT Summer School 2023! Unreal line up to sit alongside. @sandylocks @DeborahNArcher HLS Prof. Randall Kennedy @JNelsonLDF @AAPolicyForum . Register here ➡️
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When tenured faculty start organizing and leveraging their labor we are in a historical moment.
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wow. this with @Sifill_LDF @jelani9 @sandylocks @CornelWest looks incredible. @AAPolicyForum with the content we need.
Announcing the next #UnderTheBlacklight, Monday, Feb 28 at 8pm ET. The conversation will explore the question, "Is this the last Black History Month?” and discuss why it is necessary for us to fight to ensure it is not. RSVP at
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Two Qs for academics who think racism is NOT the source of racial inequality. 1. Was racism ever the source racial inequality? . 2. If yes, when did that change? (I’ll take dates, decades, whatever you got.).
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For those of us who remember the media’s long overblown discourse about “over sensitive snowflake” students who posed an existential threat to free speech, this seems, well, deserving of a few PP NYT pieces.
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But the decisions DO NOT END #AffirmativeAction writ large. They concern admissions practices that consider racial identity of individual students. It's GROTESQUE but NARROW.
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yes. conservative white dude invokes Reconstruction Era law (designed to protect formerly enslaved) to outlaw tiny grants for Black women. its part of a playbook. the Right coopts progressive laws for regressive ends. The Left could flip the script:
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I’m starting to think no one at @nytimes read Roberts opinion in SFFA v Harvard. Had they read it, they’d know Grutter was not overturned, the diversity rationale remains good law, and the opinion was limited to Harvard and UNC. Upshot: SCOTUS did NOT end affirmative action.
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✅race is a social construct. got it. ⁉️but why construct it? what function does it perform? is that function fixed?. who's on the cutting edge answering/exploring those questions? would love their thoughts on this ⬇️.
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just a reminder that if civil rights remedies were popular in America it wouldn't have taken 400 years to not solve racism in America.
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@jemelehill yes @jemelehill exactly! but this case was never about actual facts or creating policies where race doesn't matter.
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this is about as grotesque as one could have predicted. coopting our country's most racially progressive precedents to enshrine the most racially regressive agenda.
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must read from @DrMamaEsq @YaleLJournal for anyone who wants to understand how the racialization of "parents rights" fueled the war against #CriticalRaceTheory.
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white supremacy might also be that thing where 33% of Harvard's white students only got in BC of their legacy status but no one ever questions whether every white student deserve to be there.
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OCR's SFFA v. Harvard guidance a pleasant surprise. Upshots:. 1-OK to CONSIDER personal experience w/race.2-OK to VALUE & PROMOTE racial diversity.3-OK to COLLECT/ANALYZE race info.4-OK to EVALUATE admissions .5-OK to INVEST in yield & retention .
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when @washingtonpost offers headline like this, it's implicitly communicating judgment about the conduct & response. "cancel" suggests over-reaction. More accurate to say: "The professor is terminated for creating a racially hostile environment. Now what?".why's that so hard?
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Stop reading Ed Blum’s letters. All you need to know —> schools can & should:. -think abt & talk abt race.-consider each student’s experience with race.-know each student’s racial id.-measure racial impact.-pursue racial diversity .-preach loud & clear anti racism > racism.
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i hope reporters help the public understand that these are the plaintiffs suing Harvard & UNC.
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In HUGE win for public education, teachers and students, federal judge invalidates New Hampshire’s discriminatory censorship law. Add this to the list of judges rightly striking down unconstitutional rightwing “anti-CRT” laws.
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Every media outlet concerned about free speech should warn the country about what’s happening in Florida. HB999, soon to be signed, effectively lets DeSantis dictate what professors and students will learn, say and think.
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Daily Reminder: The Supreme Court did NOT end #AffirmativeAction. Robert's opinion was morally & legally bankrupt. But it was shockingly narrow. mini-🧵w/links where I break it all down. 1/5.
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in 2019, in explored how dominant narratives blind us to white racial advantage even when rightwing activists put it on a platter for us. if we want a legit affirmative action debate, it has to start with the white racial advantage we still don't see.
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At least we can stop debating whether Critical Race Theory was right about the whole “racism is deeply embedded in the fabric of American society” thing.
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w @theintercept reporting that @ColumbiaLaw profs pressured students to kill an article & then killed the server, my mind goes to @StanfordLaw's former DEI dean who was tarred & feathered for making a speech some folks didn't like. all i ask is we own our lack of neutrality.
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@davidwblight1 major @davidwblight1 fan but couldn't disagree more. when @JohnHMcWhorter uses a *white guilt* strawperson to denounce antiracist projects, he's just wrapping std anti-CRT/anti-racism caricatures in a more academic-y package.
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Later this month, SCOTUS will say that #AffirmativeAction harms Asian Americans. We know that's not true. How do we know? .B/c Ed Blum's own expert confirms that @Harvard's anti-Asian bias benefits white students. deets:
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after Brown v. Board, abt half the country did everything in its power to maintain an apartheid state. wrong side of history, but serious commitment. when SCOTUS bans #Affirmativeaction, i'd love to see half the country show that commitment to racial justice work.
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Maybe the best piece I’ve ever seen re Ed Blum & Co.’s cynical ploy to use Asian American model minority myth to discredit affirmative action policies that benefit Asian Americans. Insights from @ProfMChin @spamfriedrice @MsTurnageYoung.
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it's no silver lining, but the war on CRT, antiracism, and "wokeness" has made one thing abundantly clear: .colorblindness anchors a radical ideology that denies the reality of racism in America.
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If there were a double retweet I would double retweet this. GOP put the bad faith antisemitism dance on loop precisely to divide Dems. Cops are beating up professors and Biden’s silent at best.
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whatever happens in SFFA v. Harvard/UNC, two things will remain:. (1) Schools have a *legal obligation* to prevent racially hostile environments. (2) Schools have a *legal right* to proudly proclaim their commitment to racial justice, diversity, equity, inclusion.
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Amidst this horror, I do look forward to working in solidarity with faculty across the country to take back our campuses.
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The 14th Amendment infused our Constitution with an abolitionist & anti-racist ethos. So when SCOTUS bans race-conscious admissions, that’s fidelity to colorblindness. Not fidelity to Constitution. @IReadJotwell @b_hasbrouck .
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we're witnessing a full on democracy crisis & higher ed is center stage. the Critical (Legal) Collective released a memo to help academics, media, advocates make sense of this moment. use it. share it. repurpose it. improve it.
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stephen miller's America First Legal just sued #TX med schls for allegedly discrimiating against "whites, Asians, and men." .sound familiar? not quite. the complaint reveals a new era of anti-civil rights litigation. It’s extreme. SCOTUS will probably bite. i'll explain. 🧵.
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@doc_thoughts i concur. 'All (Poor) Lives Matter': How Class-Not-Race Logic Reinscribes Race and Class Privilege.
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Here's a thought. if Big Law wants to make true all those antiracism statements, every top-100 firm in the country should dedicate real resources ($$$ + people) to ensure immediate Pro Bono representation for any educator targeted for teaching the truth about racism in America.
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well it took six hours. but i'm still convinced (at least) 5 justices will say that our country's most racially progressive precedents prohibit modest efforts to reckon with racism in America. (and we wonder why 25 years wasn't enough smdh).
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also brings me back to a @KieseLaymon's James Baldwin seminar @Vassar, when he asked us (challenged us) why we were so intent on going abroad yet never got to know poughkeepsie. .
#BUPropLaw we talked a lot this semester about connecting past and present. if you want one more read this semester, here it is from @EtienneT_Esq.
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Our speech would be a lot more free if everyone heated about one Stanford event could bring the same energy to actual state censorship.
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One of the biggest missteps in our national discourse is to call legacy preferences “aff axn for white people.”. Legacy is literal opposite of affirmative action. Legacy stacks the deck for those who do less w more. Aff axn levels playing field for those who do more w less.
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@danielleholley 100%. and an argument that white over-representation is the legitimate + expected consequence of a "race-neutral" competition.
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thankfully scholastica didn't cut it's law prof book fair this year. @victorerikray @kathleen_belew
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this is big. GOP book bans, anti-CRT laws, anti-DEI efforts aren't just "culture war." they also VIOLATE FEDERAL CIVIL RIGHTS LAWS.
@EDcivilrights takes nation’s first step to stop book banning in K-12. With no direct jurisdiction over free speech, it focused on the impact on students of color & LGBTQ students, finding that the book removal process risked a racially & sexually hostile environment. 1/x
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They cut my favorite paragraph and changed our title. But the title ain’t wrong.
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anti-CRT propoganda was always intended (in part) to erode faith in public education and give cover to politicians who wanted to redirect $$$ to private/religious schools. follow the coldhardcash. 💰💰💰.
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still curious to me that universities are giving Ed Blum far more than SFFA demands. so here, again, are some guideposts. the one-pager: the deep dive:
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🚨NEW🚨 Must-read from @isaac_kamola @AAUP. incredibly well-researched deep dive into the web of rightwing think tanks & foundations waging war against higher education.
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if ever there were a time for the Left to unapologetically defend #affirmativeaction as a *modest* tool to reduce the relevance of race & class in admissions. now's the time. .
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Harvard and UNC effectively dodged the possibility that racial disparities exist in their respective institutions because there are racial advantages that continue to flow to white applicants, and often wealthy white applicants.
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More evidence that university presidents take orders from the Boards of Trustees. These are deeply conservative institutions with a somewhat liberal workforce.
In response to student protests, the CUNY board of trustees, which has plead poverty in union negotiations for the past year+, is introducing a resolution to authorize a new $4 million contract with a security firm that advertises its ties to the Israeli surveillance state
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BREAKING: SCOTUS denies cert in TJ v. Fairfax. Alito/Thomas dissent. Wondering why? Perhaps bc Pacific Legal's claims so radical would have required Roberts to reverse himself. Full explanation in this forthcoming piece (now a few updates to make). link:
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another week and another *1,000+* Jewish faculty have signed this Statement denouncing ideologues who (mis)use our name to tear down our institutions and demonize our students.
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still so disappointed that Harvard and UNC didn't zealously defend their own policies. #AffirmativeAction & all it represents deserves more than these lukewarm ambivalent advocates. ➡️
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Fourth Circuit HOLDS that race-blind efforts to promote racial diversity at TJ High did not violate EPC. This was an easy case. Still a big victory for diversity & rule of law. But this is all about SCOTUS. More to come.
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@SCOTUSblog @SCOTUSblog et al, how common is it for SCOTUS to consolidate cases & grant cert when there's no circuit split and one case hasn't even received appellate review? the conservatives Js just super excited to eliminate #affirmativeaction?.
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My Message to Higher Ed Leaders in Today's @Chronicle:. 1 - Don't Overreact.2 - Double Down on Racial Justice.3 - Med & Law Schools Have "Distinct Interests".4 - The Fight is Far From Over. @laurakrantz @david_wescott @chronsara .
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Seems #Southlake TX is vying for most belligerent book ban and repressive educational environment. Not everything deserves outrage. This does. #TeachTruth .via @nbcnews.
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#AffirmativeAction math is straightforward. 1: Race matters. 2: Want race to matter less, you gota account for it. 3: Don't account for it (aka Colorblindness), you get a racial preference for those w the most racial privilege.
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but as others like @DerekWBlack have noted: once the state subsidizes an ostensibly "non-public" school, it becomes a lot harder for those schools to avoid Constitutional or statutory obligations (including non-discrimination).
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Hope this important piece came with invite for @Edu_Historian & @BisforBerkshire to join the @nytimes Ed Board. Why Are We Letting Republicans Win the School Wars?
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GOP war on schools has big “I’d rather fill the pool w cement than let everyone in” vibes. It’s a manufactured zero sum mentality that harms us all & underpins GOP’s anti-civil rights crusade @hmcghee @BisforBerkshire @DerekWBlack @Erika_K_Wilson @victorerikray.
It’s what new parents’ bill of rights doesn’t say that matters most. It clamors about curriculum transparency & increases educators’ administrative burdens (something GOP used to decry), but it ignores kids’ #1 problems: teacher shortage & retention.
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Legacy is a racial preference. (a bit a history). 1636: Harvard is founded.1790: Citizenship only for "free white person[s]".1882: Chinese Exclusion Act.1924: Immigration favors northern/western Europeans.1965: Congress eliminates national origin quotas .
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“Rufo, the Heritage Foundation, the Manhattan Institute, all have a rhetorical strategy that tries to broadly reframe civil rights remedies as themselves a threat to civil rights.”. It's pretty much that simple. Nice article from @MaryEllenKlas @TB_Times .
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why does it matter that SCOTUS DENIED oral arg to students & orgs of color repped by @NAACP_LDF? . bc @Harvard is leaving critical arguments on the table. these stakeholders/advocates would have filled that gap.
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thrilled to support this effort to protect equity, diversity and inclusion led by @NewAmerica and others @spamfriedrice @garceslm @LawyersComm @dmhurdle @NACACWonk .
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excited about this conversation with @NewAmerica. "Our institutions are not supposed to be neutral. We are supposed to be committed to multiracial democracy. We are supposed to be committed to equity, diversity and inclusion." .
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i'm not saying the first circuit should plagiarize me when they decide the Harvard Admissions case. but i'm also not saying they shouldn't.
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this treatment of peaceful assembly at @UTAustin is absolutely horrifying. the utter disdain Gov. Abbot shows for students on his flagship campus.
Incredible scene here at UT as 50 or so protesters cower together in the center as DPS pulls them from the pack to detain them one by one
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