The Best Way to 'Ban' Critical Race Theory: Prohibiting Promotion Rather than Inclusion or Compulsion

In the first half of 2021, 26 states introduced--and 12 passed--bills colloquially labeled "critical race theory (CRT) bans." The bills introduced to date can be grouped into three categories: prohibitions against compulsion, against inclusion, and against promotion. The prohibition against promoting CRT, first introduced in the North Carolina legislature, strikes the best balance between addressing parents' concerns about indoctrination without posing any risk of substantive curriculum imposition. This report is an exercise in constructive criticism for lawmakers who intend to thoughtfully draft or revisit legislation addressing the state-sponsored racism of CRT pedagogy. The author begins by outlining three principles that animate this analysis. The author then provides some criticism of bills introduced to date, offers a typology for understanding the varieties of bills proposed, and argues for the most constructive path legislators could take.