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Look at discussion starting at 60.
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After reading it, my main problem with this ruling is that it dodges around the logical problems instead of addressing them.
Some of what the professors are teaching and specifically listed is clearly not banned by this law at all, and some of it is (the parts that openly racist, just racism directed against the correct race). That a teacher feels a need to self-censor their racism (38) I have a difficult time finding much empathy with. Just as if a teacher was preaching white supremacy to their class, I would expect them to face repercussion and be fired (as they 100% would be), I find it difficult to understand why it's exact reverse is somehow good. The court certainly doesn't want to ever touch on allowing this kind of speech in universities from whites with the wrong view. The primary argument against this in the text is the first amendment concerns, which is also my problem with the law. However, the big problem is that this law isn't special. If it is in violation of the first amendment by regulating what can and cannot be taught in the classroom (and I think a good argument is made here and via common sense that it is), pretty much every education law in the nation needs to be thrown out too for violation of the same. This is a niche position of an element of the libertarian right, and so of course it cannot be endorsed, only applied to this specific law, and no others that regulate classroom instruction, materials, and subject. That's my big problem here. The outrage over this is not "the state should not censor at all, a teacher should be able to say anything they want no matter how reprehensible as the 1st allows", it's outrage that they can't teach racism in general, to any race. If the bill banned teaching only white supremacy, it would be unanimous. It's only because it bans teaching racism against ANY race that there is a public outcry and anger. None of this addressed, it goes out of it's way to try and not explain how this law and this law alone is a violation of the first; it only argues that this law violates the first, which it very well may. It does acknowledge that public education is "committed to the control of state and local authorities", which it then seeks to undermine as much as possible because while that outcome is generally desired, it is bad in this one instance. It's use of Bishop is pretty weak, and I don't see that case having much bearing here. On the other side, I found the state's argument of Title IX is also very weak and uncompelling. Page 102 states there is not a savings clause in the IFA bill, unlike the anti-semitism statute. This is plainly false, and other parts of this court ruling (including just 9 pages later) acknowledge the savings clause. Unless I'm misreading it, this is patently absurd. 79-83 are this clause, very, very explicitly. There are a number of points where this ruling seems to not be responding to the law at all, but political opinion. The ruling tries not to endorse the right of a teacher to say whatever they want, by effectively requiring the university itself to agree with it (and thus, protecting far left ideology that universities tend to lean too without having to protect other viewpoints) (105). The ruling attacks the vagueness with some sarcasm, though it seems to have difficulty stipulating which words are problematic, as terms like critical race theory are not present and the language is quite direct. It ends up focusing on the savings clause, that just a few pages ago it insisted didn't exist, that permits "discussion" if "given in an objective matter without endorsement". Fact vs. advocacy I have a hard time seeing a problem separating. Again, if this is the standard, we need to throw out the vast majority of US law as well. The ones I have to deal with are certainly much more vague than this. The conclusion is pure political theater, complete with an Orwellian reference to wrap it up (without ever explaining, of course, how not openly teaching racism in the classroom is a great curb of free speech but other education laws are not). I did skim read the questions of standing, which aren't really applicable to the subject. I am still no closer to being able to find what specifically is objectionable in this bill, unless we argue that all education bills are objectionable because what is taught should not be dictated to the teacher and should not be chosen by the state. Which is a pretty far right decision. If we are fine with all other (or most) such bills though - how is this one different and objectionable? Nobody can ever answer this question without using political statements and op-eds filled with falsehoods that have nothing to do with the actual law. |
Page 60 and the next several pages specifically explain what the court thinks arguably could violate the language of the statute. It is just one man's read of course, albeit a federal judge. But to me it underscores that some of the language is vague and could be applied in an undesirable way.
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Some of this is plainly not banned by the law. For example, Novoa's 3 bulletpoints for the history of sport plainly do not violate the third provision. It is not banned to say people experienced racism (in fact, it is required to do so by the law, in a part nobody wants to talk about). Others are banned by this law. I have a hard time seeing the objection though, again, unless we want to throw out all education law. For example, Novoa's others course that it is said teaches collective cross-generation responsibility for wrongs against certain groups (and only certain groups, only people of certain races are, of course, to be held responsible for the actions of others). Why would this be a good thing to teach children? Why would we want to teach racism? Again, if we don't object to anything here specifically but only general 1st grounds, why are we not objecting to almost every education law in the United States that determines what is and is not taught in schools? It makes no sense whatsoever to hold this law to a different standard from every other law of its type, because people who want to preach their racist dislike of a single race to children are upset. |
People at the school and community level can make a judgment not to teach critical race theory in K-12 without needing a law explicitly banning it. And I am all in favor of allowing a professor to teach it in college, such is academic freedom. I don't like the theory, but then again I did not grow up and experience the world as a black person so I try to withhold judgment a bit.
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What would you think of a law that banned schools from teaching books that use the N word?
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I am more than open to an argument that one of the 8 specific things it bans advocacy of (not discussion, 79-83, but advocacy) - but nobody can explain which or how they do make bad policy. Which one do you think is bad policy? If some of them are, it should be very easy and we don't have to keep dodging every question. |
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This Court finds that by endorsing Critical Race Theory and assigning articles supporting various forms of race consciousness (or the perils of ignoring race), Professor Austin arguably promotes or compels belief in concepts three, four, six, and eight. See §§ 1000.05(4)(a)3., 4., 6., and 8., Fla. Stat. (2022); Regulation 10.005(1)(a)3., 4., 6., and 8. Professor Austin’s declarations establish that (1) she would teach several classes where Critical Race Theory and various forms of race consciousness are arguably promoted but for the IFA; (2) this proposed speech is arguably proscribed as promotion of or compulsion to believe in the third, fourth, sixth, and eighth concepts under the IFA and Regulation 10.005; and (3) Regulation 10.005’s framework creates a credible threat of enforcement from UF and the members of the Board of Governors. Accordingly, Professor Austin has demonstrated that it would be reasonable for her to self-censor, conferring an injury for purposes of standing as to the third, fourth, sixth, and eighth concepts. If this analysis of the text is right, then I think it's bad policy. If even one concept bans what this Professor is doing, it's bad policy. This is the clearest one that jumped out at me. I'll study it again in more detail later and add to this. |
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I fail to see how they ban most of what it is claimed Austin is teaching, except for the white privilege that may fall under 3. It is difficult to ascertain because no specifics are given of what they are actually teaching specifically. If the Professor is teaching that a persons moral character or status as privileged or oppresses is determined solely by their skin color, then it falls afoul of 3. What is the argument for teaching children that they should be classified by skin color and that their character and status is entirely dependent on their race? Would you similarly defend a teacher doing the reverse, criticizing 'black privilege' and using it to classify and group black students in a negative way based entirely and solely on their race? |
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What say you to my N word hypothetical? |
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I don't think your hypothetical is analogous. Banning a word formerly in common usage and often without negative intent in its day bans many abolitionist texts and historical documents. It's not banning an extremist prejudice from being advocated, it's banning anything with a formerly common word no matter its view or advocacy. It's wildly different. I don't see the sense in it. |
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58 privileged or oppressed is necessarily determined by his or her 59 race, color, sex, or national origin." Alright, so back to a couple posts ago on 3: "What is the argument for teaching children that they should be classified by skin color and that their character and status is entirely dependent on their race? Would you similarly defend a teacher doing the reverse, criticizing 'black privilege' and using it to classify and group black students in a negative way based entirely and solely on their race?" |
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Every thread needs a card (and it's a 1 of 10!):
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So it is bad, if a teacher teaches this about blacks, and acceptable but maybe not good if they teach it about whites? It is only the one context where it is bad? That's obviously the actual outrage objection to the law and always has been, that there isn't a carve out where it is okay to criticize the race that we want to attack in schools, but to protect the others from the same. I have a difficult time finding it okay to teach racism against a particular race, but that's my hot take. |
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If this bill's any race provision was simply reworded to exclude white races from the same protection as every other race, this bill would be a darling of the left. Which is the entire point of it, and the rage bait troll. |
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To bring this around to point, as Peter points out, the Florida law is written vaguely enough that there is no common understanding of what is allowed and what is not. And, when faced with such ambiguity, people will err on the side of caution because no one wants the grief of having their name in the papers as a "librul indoctrinator" because some gunny-ass parent with too much time on their hands got a burr under their saddle. So, what is an educator to do? Can they teach in current events that there are laws that disproportionately affect minorities? Can they teach about the discriminatory intent of poll taxes and Jim Crow Laws? Can they teach that many of our Founding Fathers owned slaves? Can they teach about the racism faced by Jackie Robinson and Roberto Clemente? No one knows. And when no one knows, anyone who decides to take a stand between an ambitious governor and riled up parents will stand alone. |
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It very, very explicitly requires schools to teach African American achievement and the racism experiences. It specifically requires them to teach slavery (167-173). It does not ban teaching about discriminatory poll taxes, Jim Crow laws, the ownership of slaves (which it very literally directly requires to be taught), or the racism faced by Jackie Robinson. At all. It does not ban books about Clemente and Jackie Robinson. It does not allow a "gunny-ass parent", whatever that means, to bring a case against a "librul indoctrinator" because they don't like something. It does not ban discussion of racism or anything under the sun, it only bans advocacy of racism against any race. Again, 51-83 are a good TL;DR if 496 is too many. Which section of the law banning specific practices is too vague? Which part do you disagree with and argue against? As I've said, I have concerns about this, but I am unable to see these arguments anywhere in the bill, they seem to only exist in political op-ed's that have clearly not read the text. |
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The ID argument is silly not to be able to get an ID, correct me if i am wrong but i thought that was needed to get a free covid shot and usually anyone with government assistance needs some type of an ID.... there is racism against asians getting into colleges right now, and there are racist minorities now as well, i do think the country is less racist in terms of opportunties then it was 30 years ago, but you would think in the media it isnt......Many liberals also voted for Desantis..... Desantis was blamed for all sorts of things during the pandemic and he has looked pretty good looking back...so anytime you see new criticism on him you take it with a grain of salt...heck all for the main newspapers endorsed Crist...yet it was a super run away election..in a state that desantis only won 4 years about by a very slim margin.. ..also a lot of minorities such as latin groups seemed to vote for desantis even though the media runs mostly negative presss on him. |
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IIRC, they said that, in itself, is racism and more profiling. https://youtu.be/DCytgANu010 |
Why do you assume the criticism is about whether or not you're intelligent enough to get an ID? That's not why people don't like voter ID requirements. Something like a driver's license costs money to acquire. A passport costs money to acquire. As you raise the bar for the kind of ID needed, you're raising the cost as well. There are people who can't pay for an ID. In the state of NY renewing your license costs $64.50.
It is true that most states offer some form of free identification, but not all forms of ID are accepted for all things, even when you think they would be. I can't take a domestic flight with my current NY state issued license. I have to show my passport to get on domestic flights because my current state issued ID is not considered secure enough to fly with. My voter registration card, which I received upon registration when I turned 18, does not have a photo of myself on it or any other personally identifying information. It's my name and my address. This should be the only documentation needed to vote. It did not come at a cost and registering for it was the only thing I was required to do in order to vote. Having a driver's license doesn't entitle you to vote. |
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My voter registration card was free. Why do I need anything else to vote?
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So we can see YOUR identity ? 😊
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It amazes me that a group can be brainwashed and lied to so bad that they don't even recognize when they are being lied to and brainwashed even more. |
What are the similarities between the two issues? Voting is a right. Eating dinner at a business is not.
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I don't think anyone believes Russia is voting in US elections. When they refer to election tampering it's in reference to messaging across various social media platforms leading up to an election.
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Any law that purports to solve the issue needs to be explicit enough to not allow someone’s ignorance (or political agenda) to take advantage of the lack of specificity. And it is that lack of specificity that is causing local schools to over-react and pull things off the shelves that rational people can agree should be there. Because, those local school teachers and administrators have a whole host of parents that they are on a first name basis with that they know are spoiling for a fight, rationality be damned. And those teachers and administrators know that no one from the state political apparatus will back them up. They are on their own. Quote:
It is completely mute on that point. For giggles, Google “school board meeting CRT” and read a few articles. There are plenty of them. This law does nothing to resolve that. In fact, I would bet it will only make things worse for the reason I state above. Quote:
My prediction is that this law isn't going to solve the problem is purports to solve. We are going to spend the next two years hearing about School Boards Gone Wild over what is being taught in schools. Each and every one of those stories will be a nice in-kind donation to Ron DeSantis' nascent Presidential campaign. |
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The statistics I saw indicate that 8% of white Americans lack a government issued ID that can be used to vote. 25% of African-Americans lack that type of ID. Lack of such an ID is closely linked with poverty. |
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Here's your chosen section: (d) Require, when appropriate to the comprehension of 330 students, that materials for social science, history, or civics 331 classes contain the Declaration of Independence and the 332 Constitution of the United States. A reviewer may not recommend 333 any instructional materials that contain any matter reflecting 334 unfairly upon persons because of their race, color, creed, 335 national origin, ancestry, gender, religion, disability, 336 socioeconomic status, or occupation or otherwise contradict the 337 principles enumerated under s. 1003.42(3). First, what definition do you need for "person"? It's incredibly obvious what a person means, no? That's an objection? Where does it say anyone cannot observe that Bull Connor was a racist, or teach that? It says they cannot recommend instructional material that reflect unfairly on any person specifically because of their race. "Bull Connor was a racist and did X, Y, Z" is just fine. "Bull Connor was a terrible person and a racist because he was white" would be banned. This section does not say what you are claiming it does, not even close. I get some people are really upset by this law, but dealing with what it actually says makes for a much better argument than making blatantly false claims about the text. Quote:
The left would be much better served by not playing into Desantis' hand and making wildly false claims about a bill that pushes an anti-racism angle and bans open advocacy of racism in the classroom to try and kill it. The whole point on their side is that this bill is a very liberal approach - just without a clause exempting teaching racism towards whites while still banning it against every other race. This is why I am having a hard time seeing anything wrong in the actual bill (not leftist op-ed's), it's a liberal take of a liberal value to not allow teaching racism and prejudice (again, it very, very directly bans advocacy, and advocacy only) to children. |
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i am all for opposing views but opposing views when there is really no thought and just reliance on media or op ed who dont actually read the laws makes it hard to view an opposing view.. |
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In sum, I think we are each talking about a different topic. While you are talking about what is within the four walls of the bill, I am talking about what happens out in the wild as a result of the bill. You are asking "Does this sound reasonable?" and I am asking "how can someone abuse this bill in service to some other agenda?" I am not sure how we reconcile that. |
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Briefly summarized: "Indeed, Florida has required its schools to teach African American history since 1994, long before the recent push in many states to move toward a more complete telling of the country’s story. The stated goal at the time was to introduce the Black experience to a generation of young people." "But nearly three decades later, advocates say many Florida schools are failing to teach that history. Only 11 of the state’s 67 county school districts meet all of the benchmarks for teaching Black history set by the African American History Task Force, a state board created to help school districts abide by the mandate. Many schools only cover the topic during Black History Month in February, said Bernadette Kelley-Brown, the principal investigator for the task force. “The idea that every Florida student learns African American history, it’s not reality,” Kelley-Brown said. “Some districts don’t even realize it’s required instruction.” Also the 'review' of books and material results in a de facto ban, until further explicit direction is given. School boards, teachers, and administrators are threatened with civil and criminal sanctions for violations. At this point, ONE person can object to ANY perceived indiscretion to trigger investigation. While the law as written seems 'common sense' and innocuous, the consistent rhetoric from the governor and 'parent groups' indicate the real-life intent of application. |
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CNN...LMAO :D
These media sources are moderately to strongly biased toward liberal causes through story selection and/or political affiliation. They may utilize strong loaded words (wording that attempts to influence an audience by using appeal to emotion or stereotypes), publish misleading reports, and omit information reporting that may damage liberal causes. Some sources in this category may be untrustworthy. See all Left Bias sources. Overall, we rate CNN left biased based on editorial positions that consistently favor the left, while straight news reporting falls left-center through bias by omission. We also rate them Mixed for factual reporting due to several failed fact checks by TV hosts. However, news reporting on the website tends to be sourced adequately with minimal failed fact checks. https://mediabiasfactcheck.com/left/cnn-bias/ |
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i also feel that with the failure rates in math and other subject areas in many of the states where the media or other criticism is coming from is so low, why not half the outrage on that versus a 'Clemente' outrage... the more kids learn real school skills and be educated the more they will have the tools to deal with some of the hardships of life due to many areas.. |
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I was addicted to Brian Williams/Rachel Maddow MSNBC for a while just because it was so unashamedly biased that it was a huge source of entertainment for me. Watching them cover Trump's win over Hillary was special.
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Your post is quoted right before the comment. I will quote again: "And it is that lack of specificity that is causing local schools to over-react and pull things off the shelves that rational people can agree should be there". I don't know what this is in reference too, because the books in this thread were not pulled off the shelves or banned. Again, nobody can cite any evidence these books have. What Jackie Robinson book has been pulled from the shelves? The one claimed in this thread turned out to be easily debunked fake news. Quote:
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This one is short and direct. It takes 10 minutes at most to read. Those who have read it struggle to find anything specific to attack and still choose to follow op-ed claims instead that are demonstrably false, or to even go so far as to dismiss a reason based standard entirely because they cannot find what is unreasonable and actually in the bill. The only giveaway that this was written by Republicans instead of Democrats is the “any race”; only that there’s no carve out to not protect whites like every other race. |
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A ban is an "official or legal prohibition." A ban says *these* books cannot be in your classroom. What we are seeing is educators, because they have no clear guidance, voluntarily (albeit reluctantly) pulling anything even tangentially related to the topic off the shelf. Quote:
In the United States, a heckler's veto is a situation in which a party who disagrees with a speaker's message is able to unilaterally trigger events that result in the speaker being silenced. For example, a heckler can disrupt a speech to the point that the speech is canceled. Quote:
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This has nothing to do with race at all. According to this article, this book was removed after a complaint (which was not even actually filed) that it had a pornographic scene. Proponents of the book say it is a non-arousing rape scene. It's been a number of years since I've read it (I like Morrison), but incest, rape, and child molestation are an integral part of the story and its metaphor and I cannot fathom how it would be considered pornographic. Pornography, what the article states is the reason, appears once in the bill: 320 1003.41. Instructional materials recommended by each reviewer 321 shall be, to the satisfaction of each reviewer, accurate, 322 objective, balanced, noninflammatory, current, free of 323 pornography and material prohibited under s. 847.012, and suited 324 to student needs and their ability to comprehend the material 325 presented. Reviewers shall consider for recommendation materials 326 developed for academically talented students, such as students 327 enrolled in advanced placement courses. I see no way a reasonable person could read this book, consider it obscene pornography under 847, and thus subject to ban from a high school. The students protesting the ban will surely win out here, as the law clearly does not in fact ban this. I have no issue with the bill banning pornography from schools. I suppose it is good that of the 3 books named in this thread, 1 actually has been removed from a school and only 2 were complete fake news! This superintendent overreacted, clearly did not read the law, and will surely regret it. |
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CNN will cover the michigan st shooting and say its all white supremecy /guns/republicans fault and story and not sure what the media purpose is for that |
Miami Herald editorial. Lots of links with background info:
https://www.msn.com/en-us/news/us/no...8484a040ad5a30 Just one example of how the 'plain unambiguous text' of the law is anything but: https://popular.info/p/how-to-ban-36...ks-from-school |
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Edited to add: It appears that these books were ordered in the summer of 2021 and have NOT been on the shelves as they have been delayed by 10 months undergoing 'review'. So, literally, they were NOT removed since they haven't made it to the shelves yet. That makes this whole thing seem so much better! Intended classrooms Book and author(s) Review status 3rd grade When Aidan Became A Brother, by Kyle Lukoff and Kaylani Juanita Rejected 3rd grade Henry Aaron’s Dream, by Matt Tavares Pending 3rd grade Roberto Clemente: Pride of the Pittsburgh Pirates, by Jonah Winter and Raúl Colón Pending 3rd grade Wilma’s Way Home: The Life of Wilma Mankiller, by Doreen Rappaport and Linda Kukuk Pending 3rd grade 14 Cows for America, by Carmen Agra Deedy, Wilson Kimeli Naiyomah and Thomas Gonzalez Approved 3rd grade A Dog Named Haku: A Holiday Story from Nepal, by Margarita Engle, Amish Karanjit, Nicole Karanjit, and Ruth Jeyaveeran Approved 3rd grade A Storm Called Katrina, by Myron Uhlberg and Colin Bootman Approved |
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Is the problem that the dog is black? It's the Festival of Lights in Nepal, and today is the day to honor dogs! Brothers Alu and Bhalu wander the streets of Kathmandu, passing by twirling kites and bamboo swings, looking for a dog to feed. But as night falls, their task begins to feel hopeless, until they spot a small black dog who is in need of a friend. This sweet story presents an important Hindu holiday through the eyes of two young boys, making it relatable for both those familiar with the holiday and those reading about it for the first time. Maybe the story is code for critical race theory? Is this really what we want for ourselves? |
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Banned - While preparing for the upcoming season during spring training in Florida, Roberto Clemente was not allowed to stay in many of the hotels near the camp because he is black. Unclear - While preparing for the upcoming season during spring training in Florida, Roberto Clemente, who is black, was not allowed to stay in many of the hotels near the camp. Yes, the law allows slavery to be taught and talked about. However, according to the law, not a single person can be said to have been discriminated against because of their skin color. Hence, since the civil war, life has been a bed of roses for black people. According to the law, no black person can be said to have been denied access to hotels, restaurants, etc. solely because of their skin color. Hence, the potential banning of books about Roberto Clemente, Jackie Robinson, Hank Aaron, etc. Books cannot mention that they were oppressed because their skin color was black. |
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