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Rocking the Boat: Critical Race Theory and the Race to End Racism

Makyiah G. Eastman

First Colonial High School

Legal Studies Academy

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Abstract

This paper analyzes critical race theory and how it has gone from a touchy subject to being used

as a deciding factor in government. This paper will begin by discussing the history of critical

race theory and the weaponization of it in school board meetings. The author will then analyze

how the media and the Black Lives Matter protests have further perpetuated the idea of critical

race theory being something to fear. To conclude, I will wrap up my paper by analyzing two

cases that are the epitome of critical race theory.

Keywords: propaganda, critical race theory, weaponize, stigma, disruptive

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Rocking the Boat: Critical Race Theory and the Race to End Racism

There is a lack of critical thinking as pertained to critical race theory. School board

meetings have lost the ability to function in a cohesive manner due to reason being drowned out

by the screams of those opposed; supporting the belief that parents are not denouncing critical

race theory out of concern for their children, but rather their righteous indignation is spurred by

their yearning to be in the spotlight. Supporters have feared for their lives as their private

information is sought out and plastered on Facebook, whilst the students who are supposed to be

the focal point of these school board meetings are ignored. Critical race theory is not an attack on

white people, nor is it attempting to promote racism against the majority in the very institution

that it denounces. It conceptualizes race in the thought that it is not just the people who are racist,

but the systems that make up America that are also at fault, a concept that has been proven to be

true and yet unaccepted by the very people who validate it. Engaging in fear mongering and

spreading propaganda to prevent the teachings of Critical Race Theory only further enables

racism and thereby proves this theory to be true.

History

This section will discuss the development of critical race theory and provide background

information about its most notable founder, Derrick Bell.

Development of Critical Race Theory

Critical race theory states that prejudice and individual bias are not the sole sources of

racism, but that it is also the foundation of legal systems and policies. This theory was founded

more than 40 years ago by Derrick Bell, Richard Delgado, Kimberle Crenshaw, Alan Freeman,

Mari Matsuda, Cheryl Harris, Gloria Ladson-Billings, Tara Yosso, Patricia Williams, and others.
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“It stemmed from Critical Legal Studies which argued that law was not objective or apolitical”

(George, 2021). However, CLS did not identify race as being a factor in one’s treatment in legal

institutions.

Derrick Bell

Derrick Bell is the founder of critical race theory. Critical race theory is the idea that it is

not only people who hold prejudice and racist values but also our systems and institutions.

According to an article written by Olga Bourlin, Derrick Bell was the oldest out of four and

received a law degree at the University of Pittsburgh. After refusing to leave the NAACP during

his time working with the Department of Justice, his desk was moved into the hallway, and his

docket of cases was reduced. Bell would go on to leave the DOJ and then begin working as a

professor at Harvard Law School. He worked past his tenure before eventually quitting after

Harvard refused to hire two faculty members due to them being colored. Following his leave, he

wrote books such as “Race, Racism, and American Law” and “Faces at the Bottom of the Well”.

(Bourlin, 2013)

In 2005, Alexis Hoag first met Derrick Bell as a student at New York University School

of Law. She fought for faculty of color, and Derrick Bell would offer his advice on how to go

about doing protests. Hoag would go on to write a memoir about Derrick Bell and how he

influenced her life. (Hoag, 2020)

Another theory by Derrick Bell that will be lightly touched on is interest convergence

theory. It is the idea that Black people can only progress when the interests of white people align

with theirs.
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The Response

The following will discuss how one county in Virginia has made headlines due to their

handling of the teachings of critical race theory. This section will also entail how politics have

interfered with students.

School Systems

The article “Critical race theory: The Concept Dividing the US” by Anthony Zurcher

discusses critical race theory and the sides that people have taken politically. From the

perspective of a white person, it appears that the school systems are teaching white students that

they should be villainized and ashamed to be white because of their ancestors. From the

perspective of a black person, it is teaching them their history rather than intolerance. The article

was not written to influence opinions, rather to make people aware of what is going on in

America regarding this ongoing debate of its racial foundations and the role it should play in

school. However, it does prove that there is one side of politics, more than the other, that will

continue to play the victim and make attempts to erase the history of black people. This debate in

itself of whether or not critical race theory should be taught is crucial to the progression of

society. History teachers have had to toe the line for fear of being reported. Entire curriculums

have to be rewritten, even going to the extent of threatening funding for schools. There are

extreme lengths being gone to in order to erase the history of African Americans and portray one

that will have our reactions on the matter perceived as unwarranted.Yes, there have been

wrongdoings on both sides of the fence; making kids read a book with the words, “any place

where there are white people has violent white supremacy embedded into it,” and putting a

principal on paid leave for acknowledging the protests that occurred in May 2020. However,
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pushing the narrative of critical race theory being racist towards white people and urging

intolerance is not one that should be supported. It is rather an acknowledgment that racism exists,

not one that pushes people to embrace it. This ongoing debate is not one that will be pushed

aside.

Loudoun County, Virginia

According to an article written by Tyler Kingkade from NBC News (2021), in Loudoun

County, Virginia, parents in an anti-racism Facebook group created a list of names of those who

criticized the diversity plans of the school. Following the creation of this list, a citizen, David

Gordon, obtained and leaked screenshots of the messages and received attention on a national

level. This caused those in the anti- racist group to fear for their life as they were subjected to

slurs, death threats, and the possibility of hate crimes. In addition, their email, jobs, and

addresses were leaked forcing many members of the group to consider moving. However, this

disruption to Loudoun County has successfully shifted the focus of school board meetings from

school related issues to problems that are out of the school board’s control. Many students are

upset as they want the school board to focus on them and how their environment has disturbed

their ability to learn. What used to be a county that was majority Caucausian, Loudoun County

has now been flooded with diversity. The influx of diversity in Loudoun County, Virginia, only

enabled constituents in this area, allowing them to express themselves by taunting their

classmates and calling them slurs (Kingkade, 2021).

Political Aspect

This section will discuss the reaction to critical race theory and will also explain why the

support received during the Black Lives Matter rallies were a political move.
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Todd Rokita

Todd Rokita is Indiana’s Attorney General and shows a hostile disposition in his

declaration to stop the teachings of critical race theory.

Rokita (2021) states the following:

Critical race theory is an ideological construct that analyzes and interprets American

history and government primarily through the narrow prism of race. It purports to teach

diversity and inclusion, but in reality promotes exclusionary tenets. Critical race theory

contends America is fundamentally and irredeemably racist, and turns Americans against

one another by dividing people into oppressors and oppressed.

Rokita believes that those who teach critical race theory are disguising it as a teaching of

American history when in actuality it encourages racism against white people.

Rokita is a staunch believer that critical race theory teaches white people that they are inherently

racist and that black people should exhibit racist behaviours towards them.

Black Lives Matter Movement

“In 2013, Alicia Garza, Patrisse Cullors, and Opal Tometi established Black Lives Matter.

It began as a hashtag in response to George Zimmerman’s acquittal and received national

attention after Michael Brown was killed by a police officer in 2014” (Black Lives Matter,

2013). In May of 2020, a man named George Floyd was murdered after an officer kneeled on his

neck despite him repeatedly saying, “I can’t breathe.” This murder received global attention and

while BLM was once a taboo saying, it would now receive support all over the world. Derrick

Bell founded the interest convergence theory as well as critical race theory. Interest convergence

theory is the idea that Black people will only see progress when it aligns with the interests of
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white people. That idea can be applied to the BLM movement because while the words of BLM

were met with opposition, it has become taboo to be openly racist. The response of Caucasian

people following the death of George Floyd was shocking to many and also caused people to

question what could have spurred this sudden aggression from those who had never bothered to

condemn police brutality prior to his death. This is where critical race theory and interest

convergence theory can be applied.

These protests occurred during the pandemic, and all eyes were on America. There had

been many mistakes made in response to the country’s handling of the coronavirus, and the

whole world was waiting to see what would happen next. Racism and war are the foundation of

America, and to do anything other than condemn the actions of the police officer, would have put

the United States at the forefront of the news and had the potential to be detrimental to foreign

affairs. While there have been numerous cases of a Black man being killed unjustly by a police

officer, this is one of the few in which the officer was convicted and tried for his crimes.

When Caucasian people rally behind Black people and take an interest in what is

happening in their community, change happens. When there was an uproar over George

Zimmerman’s acquittal, nothing was done to quell the worries of Black people who feared that

something so simple as going outside was a death sentence. Following the Black Lives Matter

protests, “Anti-Protest/Riot” laws were enacted in states such as Arkansas, Iowa, Oklahoma, and

Tennessee. These laws were enacted despite “96.3% of events involved no property damage or

police injuries, and in 97.7% of events, no injuries were reported among participants, bystanders

or police” (Chenoweth, Pressman, 2020). The media perpetrated the idea that BLM was violent

by only showing the rallies where arsonists were present or protestors fought back. There was
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never mention of the peaceful sit-ins that were conducted or the liberating speeches people gave.

The BLM movement, critical race theory, and interest convergence theory are directly related

because it shows how Caucasian activists are directly related to the outcome of a case.

Performative Activism

During the pandemic, apps such as Tiktok and Instagram were able to keep many people

sane and rose in popularity as a resort. Creators have the ability to influence every generation

and inspire change in many people. In 2020, as a response to the murder of George Floyd, social

media deemed that it was wrong to be racist. It is almost comical that it took an app to tell people

that racism is wrong for people to believe them. When Kapernick kneeled, people were outraged

and threatened to stop watching the news. When BLM condemned the shootings of Black people

prior to 2020, they were mocked. While Black people should be rejoicing over this, they can’t

help but to question it. The reality is that racism is taboo, and a creator doing anything but

condemning it will result in the loss of their platform and their income. Social media so heavily

influences the actions of people that content creators are making videos denouncing police

brutality, Washington D.C. painted “Black Lives Matter” on the street, and it became a trend to

post black squares on Instagram in “solidarity.” Performative activism is “supporting a cause or

issue to garner attention, support or monetization from others rather than caring about making a

difference in the cause” (Candelario, 2021). The examples mentioned above are all performative

activism, and nothing that any of those people have done have inspired change or made a

difference.

Court Cases

Flowers v. Mississippi
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Curtis Giovanni Flowers was 22 years old when he was convicted for the deaths of four

employees who were killed during an armed robbery at Tardy Furniture in Winona, Mississippi.

The perpetrator of this crime was believed to be Flowers as he was a former employee at Tardy

Furniture but had been fired a few days prior for not showing up to work and damaging store

property. The following evidence helped convict Flowers of this crime: GSR on his hands, a

bloody footprint that matched Flower’s shoe style and size, and eyewitness accounts that could

place him at the crime scene. He was arrested in January 1997 and would then spend 22 years in

jail, 20 of them on death row (Flowers v. Mississippi, 2019; Flowers v. Mississippi, 2021; Oyez,

2018).

To many, this case was clear cut. The evidence pointed to him; there were eyewitness

accounts, and Curtis Flowers could not provide officers with a credible alibi. However, this case

would soon become a “clear example of racial discrimination” (Flowers v. Mississippi, 2007). In

the first, second, third, and sixth trial, Flowers would be convicted of the murders and sentenced

to death. However, these convictions were overturned due to the State’s use of their peremptory

strikes. In every trial, Mississippi had used their peremptory strikes against all black jurors and

when asked, could not provide a race-neutral reason as to why they were let go. This would be

the basis to all of Flower’s appeals and what would eventually cause him to be acquitted on all

charges on December 16, 2019 (Flowers v. Mississippi, 2019; Flowers v. Mississippi, 2021;

Oyez, 2018).

This case supports the claim that racism is embedded in our legal institutions as the state

of Michigan used their peremptory strikes in a way that was racially motivated. Jurors were
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striked not on their relation to the case but rather their race, and this is apparent due to the State

failing to give reasoning for their peremptory strikes that were not influenced by race.

Kenosha v. Rittenhouse

On August 25, 2021, 17 year old Kyle Rittenhouse fatally shot 36 year old Joseph

Rosenbaum, 26 year old Anthony Huber, and wounded 27 year old Gaige Grosskreutz. Leading

up to the shooting, Kyle Rittenhouse armed himself and traveled 20 miles from his home to

protect businesses stating, “Part of my job also is to protect people. If someone is hurt, I’m

running into harm’s way.” The prosecution testified that chaos erupted when Rittenhouse pointed

his gun at Rosenbaum in a crowd resulting in Rittenhouse being chased; however, Rittenhouse

says that Rosenbaum and Joshua Ziminski instigated the attack when they began chasing him.

Kyle Rittenhouse testifies that though Joseph Rosenbaum was not armed, he still felt immense

fear that he would take his gun, and kill him as well as others. This fear is what prompted

Rittenhouse to fire four shots at Rosenbaum and then flee. While running, Rittenhouse fell and

was kicked in the head, firing at another man and missing. Then, he was hit in the head by

Huber’s skateboard, who he then shot and killed and upon seeing Grosskreutz point a weapon at

him, shot him in the arm. However, Grosskreutz testifies that it was to his understanding that

there was an active shooting and Kyle Rittenhouse was the perpetrator. Kyle Rittenhouse’s

charges ranged from: Failure to comply with an emergency order from state or local government

to first degree intentional homicide and of the five charges he faced, Kyle Rittenhouse was

acquitted of all of them.

Kyle Rittenhouse killed two men and wounded one and was able to walk free on

November 19, 2021. The justice system aims to convict criminals of crime, whether it is stealing
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a pair of socks or committing murder. However, Kyle Rittenhouse was acquitted on all charges,

including staying out past curfew which carried a fine of $200. There was more than enough

evidence to prove that Kyle Rittenhouse was out past the curfew of 8:00 pm, as he was seen in

videos and there are multiple witnesses to attest for that, but the judge seemed intent on letting

Kyle Rittenhouse free. Judge Bruce Schroeder ruled that the prosecution could not refer to those

who were shot by Kyle Rittenhouse as “victims”; however, he allowed the defense to refer to

them as “looters” and “arsonists”. This showed that he already had a predetermined opinion on

this case, those who stole and set fires had committed a worse crime than Rittenhouse who had

killed 2 people. Judge Schroeder also went on a rant about race and having the defendant choose

its jurors but referred to one juror as “A Black” which is a racist and dehumanizing manner to

refer to someone who is African American. A person is not “A Black” in the same sense that a

person is not “A White” they are human and they are “black people”. To add, Judge Schroeder

allowed a juror to take home legal instructions meaning that they could have done legal research

outside of the courtroom and allow that to influence their decision (Strozewski, 2021).

All in all, Judge Bruce Schroeder showed implicit bias against the Black Lives Matter

rallies and that was exhibited in the language he used and how he treated the prosecution. It’s a

cause for concern because people are unaware if Judge Schroeder is able to comprehend the

seriousness of the case and how the decision will serve as precedent for every case alike to

follow. This confirms the theory of Critical Race Theory, but it does so in the way that people are

able to see how Critical Race Theory is not meant to speak for just those who are African

American. The victims of Kyle Rittenhouse were not African American, they were White, but

because they were killed at a rally meant to advocate for the rights of Black people after George
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Floyd and Jacob Blake, he was acquitted. It speaks to the bigger issue that Caucasian people who

advocate for the rights of “Blacks” will also be victim to what Critical Race Theory is against but

in a different capacity. To finish, “You cannot claim self-defense against a danger you create.”

(Binger, 2021)

Conclusion

This topic is bigger than a highschool senior and cannot be explained in 10 pages.

There are so many layers that need to be peeled, and the inner workings have to be dissected

because it is truly a myriad of theories and history that have been summarized and made into

one. This paper explains the history of critical race theory, but it does not provide a solution.

That is because the author believes that a solution is not tangible. To live in a society where the

collective belief is that racism is wrong is just not possible given that one only possesses the

ability to educate, not change one’s way of thinking. The point of this paper is not to invoke

change or inspire but rather to spark the conversation pertaining to critical race theory and see

how it applies to everyday life. “It’s very hard for me to see how you can have a racial objective

but a nonracial means to get there” (Ginsburg, 2009).

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References

BBC. (2021, November 19). Kyle Rittenhouse: Who is US teen cleared of protest killings?

https://www.bbc.com/news/world-us-canada-53934109

Black Lives Matter. (n.d.). Herstory: Black Lives Matter.

https://blacklivesmatter.com/herstory/?__cf_chl_jschl_tk__=M1zfOgSibnrxQqku5XN.HI

qCUV5JoaUJ9TCxLCtSkJc-1640018673-0-gaNycGzNCVE

Bourlin, O. (2013, November 15). Derrick Albert Bell Jr.

https://www.blackpast.org/african-american-history/bell-derrick-albert-jr-1930-2011/

Candelario, C. (2021, September 28). What is Performative Activism (and Why Does It Do More

Harm Than Good)? https://www.purewow.com/wellness/what-is-performative-activism

Chenoweth, E., & Pressman, J. (2020, December 20). Black Lives Matter Protesters Were

Overwhelmingly Peaceful, Our Research Finds.

https://www.radcliffe.harvard.edu/news-and-ideas/black-lives-matter-protesters-were-ove

rwhelmingly-peaceful-our-research-finds

City of Richmond v. J. A. Croson Company. (n.d.). Oyez. Retrieved October 28, 2021, from

https://www.oyez.org/cases/1988/87-998

CNN. (2021, July 6). [Interview]. Youtube. https://www.youtube.com/watch?v=X2gQeV18mOk

Curtis Giovanni FLOWERS v. MISSISSIPPI, 139 S. Ct. ___ (June 21, 2019).

https://scholar.google.com/scholar_case?case=6618536850778019973&q=cases+brought

+the+government+for+racial+discrimination&hl=en&as_sdt=6,47&as_ylo=2017

Flowers v. Mississippi. (n.d.). Oyez. Retrieved October 14, 2021, from

https://www.oyez.org/cases/2018/17-9572
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George, J. (2021, January 11). A lesson on critical race theory. American Bar Association.

https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/civ

il-rights-reimagining-policing/a-lesson-on-critical-race-theory/

This article goes more into depth about critical race theory and its meaning, it also talks

about Kimberle Crenshaw

Grablick, C. (2021, October 26). How Loudoun County schools ended up at the center of

Virginia's election.

https://www.npr.org/local/305/2021/10/26/1049266808/how-loudoun-county-schools-end

ed-up-at-the-center-of-virginia-s-election

Hoag, A. (2020, August 24). Derrick Bell's Interest Convergence and the Permanence of Racism:

A Reflection on Resistance.

https://blog.harvardlawreview.org/derrick-bells-interest-convergence-and-the-permanence

-of-racism-a-reflection-on-resistance/

Kenosha v. Rittenhouse, No. 17-9572 (Sept. 3, 2021).

https://mscenterforjustice.org/wp-content/uploads/2021/09/001-Complaint-9-3-21-Flower

s-v.-Evans.pdf

Kingkade, T. (2021, June 1). In wealthy Loudoun County, Virginia, parents face threats in battle

over equity in schools.

https://www.nbcnews.com/news/us-news/wealthy-loudoun-county-virginia-parents-face-t

hreats-battle-over-equity-n1269162

Ko, L. C. (2021, August 1). Defending history: Students, scholars of critical race theory support

it amid attacks.
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https://www.proquest.com/docview/2556913337/78E4865F8C6C4F71PQ/1?accountid=3

785

Logan, B. (2021, November 5). [Instant messenger interview by the author].

Mangan, D. (2021, November 19). Kyle Rittenhouse acquitted on all charges for shooting and

killing 2 in Kenosha protests last year.

https://www.cnbc.com/2021/11/19/jury-finds-kyle-rittenhouse-not-guilty-in-kenosha-prot

est-shootings.html

Manjoo, F. (2021, November 17). Opinion: The Truth About Kyle Rittenhouse's Gun.

https://www.nytimes.com/2021/11/17/opinion/kyle-rittenhouse-guns.html

NBC Chicago. (2021, November 15). Shootings, Arrest, Trial, and More: The Kyle Rittenhouse

Story Explained.

https://www.nbcchicago.com/news/local/shootings-arrest-trial-and-more-the-kyle-rittenh

ouse-story-explained/2684756/

Ray, R., & Gibbons, A. (2021, August). Why are states banning critical race theory? Brookings.

https://www.brookings.edu/blog/fixgov/2021/07/02/why-are-states-banning-critical-race-t

heory/

This website lists all of the states that have banned critical race theory, plan on banning

critical race theory, and action on a federal-level that is being considered.

Rohrlich, J. (2021, November 19). The Kyle Rittenhouse Judge's Six Most Shocking Moments.

https://www.thedailybeast.com/judge-bruce-schroeders-six-most-shocking-moments-at-th

e-kyle-rittenhouse-trial
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Sanchez, R., & Parks, B. (n.d.). These are the 5 charges the jury in Kyle Rittenhouse's trial

considered. Retrieved November 19, 2021, from

https://www.cnn.com/2021/11/14/us/kyle-rittenhouse-jury-deliberations-charges/index.ht

ml

Sawchuck, S. (2021, May 18). What is critical race theory and why is it under attack?

Edweek.org.

https://www.edweek.org/leadership/what-is-critical-race-theory-and-why-is-it-under-attac

k/2021/05

This article discusses the history of critical race theory

Strozewski, Z. (2021, November 11). Lawyer calls judge permitting Rittenhouse juror to take

legal instruction home "unusual."

https://www.newsweek.com/lawyer-calls-judge-permitting-rittenhouse-juror-take-legal-in

structions-home-unusual-1651330

Zurcher, A. (2021, July 22). Critical race theory: The concept dividing the US.

https://www.bbc.com/news/world-us-canada-57908808