Even although states like Florida and Texas have banned some ideas regarding critical race theory from being taught in public school school rooms, some authorized consultants consider that school libraries can still inventory books that promote the idea, whose historic accuracy has been broadly forged as inaccurate.

William Jacobson, medical professor and director of the securities legislation clinic at Cornell University Law School, advised Fox News that underneath present legal guidelines and guidelines set forth by Florida and Texas, content material regarding critical race theory can still be stocked in public school libraries.

The Texas legislation, House Bill 3979 which was handed in June and went into impact Sept. 1, bans public colleges from together with content material from The New York Times’ 1619 Project in curriculum, however based on Jacobson, would seemingly enable school libraries to inventory the 1619 Project book, which was just lately launched.


AP Photo/John Minchillo, File 1619 Book cover: Amazon

AP Photo/John Minchillo, File 1619 Book cowl: Amazon
(AP Photo/John Minchillo)

“The limitations on certain subjects are limited to ‘any social studies course in the required curriculum. …’ and curriculum material for such courses. As such, it would not seem to apply to materials stocked in the library or elsewhere for other purposes,” Jacobson stated.

A Florida Department of Education rule approved in June states, “Instruction may not utilize material from the 1619 Project.”

Amy Carney speaks on behalf of parents during a protest against critical race theory being taught at Scottsdale Unified School District before a digital school board meeting at Coronado High School in Scottsdale on May 24, 2021. 

Amy Carney speaks on behalf of fogeys throughout a protest towards critical race theory being taught at Scottsdale Unified School District earlier than a digital school board assembly at Coronado High School in Scottsdale on May 24, 2021. 

The rule additionally states that ideas like critical race theory and the denial of the Holocaust are “inconsistent with State Board approved standards.”


The rule doesn’t, nevertheless, ban colleges from maintaining books just like the 1619 Project stocked in their libraries, based on Williamson.

“The Florida rule applies to the ‘teaching’ of ‘required topics’ which would not seem to prohibit the stocking of books in the library or elsewhere for other purposes,” Williamson stated.

Carol Swain, a senior fellow for constitutional research on the Texas Public Policy Foundation, advised Fox News that the 1619 Project presents a “false narrative of American history.”

Carol Swain on Fox News primetime 9.22

Carol Swain on Fox News primetime 9.22
(Fox News)

“I think that many of us oppose the 1619 curriculum in that it is anti-American and it’s based on a false narrative of American history. And I believe that it would be detrimental to young people if that was the only version of American history they receive,” Swain stated. 

Critics of the Texas invoice declare it could ban educators from precisely educating America’s historical past, together with slavery and the Civil War period, however Swain calls these assaults false.

“That’s not true at all. In fact, in every discussion I’ve heard about American history and how it should be taught, people are not opposing the teaching of slavery or the teaching of the Jim Crow period of American history and lynching, and all of that is not being opposed,” Swain stated.

A spokeswoman for Florida Gov. Ron DeSantis advised Fox News that the Republican governor “is opposed to teaching CRT in K-12 schools because it is state-sanctioned racism. Stereotyping children and dividing them by skin color is unconscionable and has no place in Florida classrooms.” 

Jared Ochs, a spokesperson for the Florida Department of Education, advised Fox News if a public school’s library shares books such because the 1619 Project, they have to be obtainable for the general public to examine if requested.

“If materials from a school library are used for instruction or assigned coursework, then yes, they would have to abide by the State Board of Education’s rule. If the materials are simply available and unrelated to coursework, those materials must still be made available for public inspection if requested, and there are still prohibitions against such materials being pornographic,” Ochs stated.