by Michael Yaki
Arizona once again delves into uncharted constitutional waters by seeking to ban courses catering to minority--again, in this case, primarily Hispanic -- students. Indeed, the Arizona State Superintendent, Tom Horne, said it was written to target Mexican or Chicano ethnic studies classes, which he claims divides students by race and promotes race resentment.
The statute bans courses that "promote resentment toward a race or class of people . . . are designed primarily for pupils of a particular ethnic group . . and advocate ethnic solidarity." The statute then goes onto exempt courses on the Holocaust because, of course, without that exemption, every class that shows Schindler's List where at the conclusion you resent the Nazis (a class of people) and wanting to save the Jews (promoting solidarity), you would have violated Horne's law.
Horne's dilemma is that enforcement will be so arbitrary, so capricious, relying, most likely, on Horne's particular biases and whims that the statute is begging for a First Amendment challenge. How do you quantify or measure "resentment." "Ethnic solidarity?" If two Latino students, hearing about the plight of migrant workers in the lettuce fields of California, feel that they should send a donation to the United Farm Workers to help them combat the agrigrower owners, has that crossed a line? If a teacher shows "Roots" and black students feel compelled to talk about the anger they still feel at the legacy of slavery, is that a violation? If students leave a classroom finally understanding the prejudice and struggles of their parents of whatever race or religion or background, and feeling justifiably angry, will Tom Horne be there with a questionnaire to gauge whether their teacher fueled their discontent so he can yank their funding?
I remember a history class at UC Berkeley I took on American history. It left me shaken, and angry, and ultimately disappointed that my high school history glossed over the tremendous struggles that workers and minorities suffered through in the rise of the industrial age. If anything, shouldn't Tom Horne be targeting universities, the real hot-beds of controversial thinking? On-line education? Any Learning Annex lecture given by a minority lecturer? Isn't Horne, Brewer, and the entire Arizona Legislature, plain and simple, engaging in censorship and whitewashing promoted by a state government?
If the Governor, legislature, and education departments of Arizona are worried about "resentment" towards them by the substantial Latino population in the state, there are greater things to worry about than simply 1984'ing the state curriculum. Perhaps if they addressed the inequities in health care, living conditions, the standard of living for many Latinos living there the "resentment" level might just die down. Perhaps if they didn't pass laws targeting Latinos, regardless of citizenship, for racial profiling and police interrogations on the "suspicion" that they may be undocumented persons there wouldn't be any fears of "resentment."
Learning about your heritage and your roots is part of who we are as Americans. Perhaps if the Arizona government recognized that undeniable, indisputable fact, if they just behaved like human beings who should care about other human beings, without regard to skin color, ethnicity, or nationality, then maybe, just maybe, their claims about "ethnic chauvinism" wouldn't sound so hypocritical. Because, right now, everything they have done in the past month bears the ugly stain of racism.
| May 15 2010 at 08:33 AM
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