Legal Insurrection Foundation

Last updated

The Legal Insurrection Foundation, sometimes abbreviated LIF, [1] is an American not-for-profit organization founded in 2008 and based in Rhode Island. [2] The foundation is a conservative advocacy organization which focuses on free-speech and academic freedom issues. [3] [4] It has been tax-exempt since March 2018, [5] and as of 2023 its president is William A. Jacobson. [6] The foundation has participated in 2020s controversies around critical race theory and has criticized diversity initiatives which it alleges have discriminated against white people.

Contents

Initiatives

The foundation maintains the website Critical Race Training in Education at the domain CriticalRace.org. [7] [8] The website compiles a list of U.S. universities that teach critical race theory and their diversity and inclusion initiatives. [8] [3] The project, which has been featured on Tucker Carlson Tonight , [7] included as of 2021 over 300 colleges and universities in the United States. [9]

In 2022 LIF criticized a 2022 American Bar Association mandate that requires "education to law students on bias, cross-cultural competency, and racism" from its accredited schools, [10] In 2023 it sent a cease-and-desist letter to Albany Public Library for its two-month privately-funded internship program offered to black-only library school graduates. The library also had several unfilled positions open to any applicant. [11]

Equal Protection Project

In February 2023 the Foundation started the "Equal Protection Project" (EPP), [12] [11] [13] which the Washington Post later described as "a legal organization that opposes race-based affirmative action." [14] The Project accused Missouri State University of discriminating against white males for hosting a privately-funded a boot camp program for minority or women small business owners. The University responded that it would implement changes to the program in the future in response to the allegation. [15] In July 2023, the EPP filed a complaint with the U.S. Department of Education regarding a whites-only anti-racism seminary offered by New York University. [16] Over a dozen of these complaints were filed in 2023. [17] In 2024, MIT responded to a federal discrimination complaint filed by EPP regarding a program run by MIT's “Office of Minority Education” exclusively for women of color by altering its website the following day. [18] [19] [20] The following month, following an EPP complaint, the Ithaca City School District apologized for organizing a "students of color"-only event. [21]

Related Research Articles

<span class="mw-page-title-main">Fourteenth Amendment to the United States Constitution</span> 1868 amendment addressing citizenship rights and civil and political liberties

The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954) regarding racial segregation, Loving v. Virginia (1967) regarding interracial marriage, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, Obergefell v. Hodges (2015) regarding same-sex marriage, and Students for Fair Admissions v. Harvard (2023) regarding race-based college admissions. The amendment limits the actions of all state and local officials, and also those acting on behalf of such officials.

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the U.S. Supreme Court ruling that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality. The decision partially overruled the Court's 1896 decision Plessy v. Ferguson, which had held that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that had come to be known as "separate but equal". The Court's unanimous decision in Brown, and its related cases, paved the way for integration and was a major victory of the civil rights movement, and a model for many future impact litigation cases.

<span class="mw-page-title-main">Title IX</span> US federal law prohibiting sex discrimination

Title IX is a landmark federal civil rights law in the United States that was enacted as part of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This is Public Law No. 92‑318, 86 Stat. 235, codified at 20 U.S.C. §§ 1681–1688.

Plessy v. Ferguson, 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision ruling that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that came to be known as "separate but equal". The decision legitimized the many state laws re-establishing racial segregation that had been passed in the American South after the end of the Reconstruction era in 1877. Such legally enforced segregation in the south lasted into the 1960s.

Regents of the University of California v. Bakke, 438 U.S. 265 (1978), was a landmark decision by the Supreme Court of the United States that involved a dispute of whether preferential treatment for minorities could reduce educational opportunities for whites without violating the Constitution. It upheld affirmative action, allowing race to be one of several factors in college admission policy. However, the court ruled that specific racial quotas, such as the 16 out of 100 seats set aside for minority students by the University of California, Davis, School of Medicine, were impermissible.

Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protection" under the law to all people. Under the doctrine, as long as the facilities provided to each race were equal, state and local governments could require that services, facilities, public accommodations, housing, medical care, education, employment, and transportation be segregated by race, which was already the case throughout the states of the former Confederacy. The phrase was derived from a Louisiana law of 1890, although the law actually used the phrase "equal but separate".

Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in women's historical subordination. Feminist jurisprudence the philosophy of law is based on the political, economic, and social inequality of the sexes and feminist legal theory is the encompassment of law and theory connected.The project of feminist legal theory is twofold. First, feminist jurisprudence seeks to explain ways in which the law played a role in women's former subordinate status. Feminist legal theory was directly created to recognize and combat the legal system built primarily by the and for male intentions, often forgetting important components and experiences women and marginalized communities face. The law perpetuates a male valued system at the expense of female values. Through making sure all people have access to participate in legal systems as professionals to combating cases in constitutional and discriminatory law, feminist legal theory is utilized for it all.

Critical race theory (CRT) is an interdisciplinary academic field focused on the relationships between social conceptions of race and ethnicity, social and political laws, and media. CRT also considers racism to be systemic in various laws and rules, and not based only on individuals' prejudices. The word critical in the name is an academic reference to critical theory rather than criticizing or blaming individuals.

<span class="mw-page-title-main">Derrick Bell</span> American lawyer, professor, and civil rights activist

Derrick Albert Bell Jr. was an American lawyer, legal scholar, and civil rights activist. Bell first worked for the U.S. Justice Department, then the NAACP Legal Defense Fund, where he supervised over 300 school desegregation cases in Mississippi.

<span class="mw-page-title-main">Affirmative action in the United States</span>

In the United States, affirmative action consists of government-mandated, government-approved, and voluntary private programs granting special consideration to groups considered or classified as historically excluded, specifically racial minorities and women. These programs tend to focus on access to education and employment in order to redress the disadvantages associated with past and present discrimination. Another goal of affirmative action policies is to ensure that public institutions, such as universities, hospitals, and police forces, are more representative of the populations they serve.

<span class="mw-page-title-main">Kimberlé Crenshaw</span> American academic and lawyer (born 1959)

Kimberlé Williams Crenshaw is an American civil rights advocate and a leading scholar of critical race theory. She is a professor at the UCLA School of Law and Columbia Law School, where she specializes in race and gender issues.

William A. Jacobson is an American lawyer, Cornell Law School clinical professor, and conservative blogger.

Texas Civil Rights Project (TCRP) is a 501(c)(3) nonprofit organization based in Austin, Texas, that advocates for voting rights, racial justice, economic justice, and criminal justice reform. It was formed in 1990 by attorney James C. Harrington.

Fisher v. University of Texas, 570 U.S. 297 (2013), also known as Fisher I, is a United States Supreme Court case concerning the affirmative action admissions policy of the University of Texas at Austin. The Supreme Court voided the lower appellate court's ruling in favor of the university and remanded the case, holding that the lower court had not applied the standard of strict scrutiny, articulated in Grutter v. Bollinger (2003) and Regents of the University of California v. Bakke (1978), to its admissions program. The Court's ruling in Fisher took Grutter and Bakke as given and did not directly revisit the constitutionality of using race as a factor in college admissions.

<span class="mw-page-title-main">Beth Labson Freeman</span> American judge (born 1953)

Beth Ann Labson Freeman is a United States district judge of the United States District Court for the Northern District of California.

Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023), is a landmark decision of the Supreme Court of the United States in which the court held that race-based affirmative action programs in college admissions processes violate the Equal Protection Clause of the Fourteenth Amendment. With its companion case, Students for Fair Admissions v. University of North Carolina, the Supreme Court effectively overruled Grutter v. Bollinger (2003) and Regents of the University of California v. Bakke (1978), which validated some affirmative action in college admissions provided that race had a limited role in decisions.

<span class="mw-page-title-main">Christopher Rufo</span> American conservative activist (born 1984)

Christopher Ferguson Rufo is an American conservative activist, journalist, New College of Florida board member, and senior fellow at the Manhattan Institute for Policy Research. He is an opponent of critical race theory, which he says "has pervaded every aspect of the federal government" and poses "an existential threat to the United States". He is a former documentary filmmaker and former fellow at the Discovery Institute, the Claremont Institute, The Heritage Foundation, and the Foundation Against Intolerance and Racism.

<span class="mw-page-title-main">Censorship of school curricula in the United States</span> Suppression or prohibition of various topics in US schools

Throughout the history of the United States, various topics have been censored and banned in education, including teaching about evolution, racism, sexism, sex education, and LGBTQ+ topics. Due to the federal system of the country being highly decentralized, states are delegated with much of the responsibility for administering public education, and it is often governments of the red states that have enacted such policies.

<span class="mw-page-title-main">2020s controversies around critical race theory</span>

Since 2020, efforts have been made by conservatives and others to challenge critical race theory (CRT) being taught in schools in the United States.

The Foundation Against Intolerance and Racism (FAIR) is an American nonprofit organization, founded in 2021, that campaigns against diversity and inclusion programs, ethnic studies curricula, and antiracism initiatives rooted in critical race theory (CRT). It instead favors rooting them in liberalism and provides such programming along those lines such as its own ethnic-studies curriculum based on liberal ideals instead of CRT.

References

  1. Renu Mukherjee (12 October 2022). "Without a "Diversity" Leg to Stand On". City Journal . Archived from the original on 29 May 2023. Retrieved 7 June 2023. the Legal Insurrection Foundation (LIF) says "no."
  2. Liz Navratil (30 May 2023). "University of Minnesota revises criteria for summer research program amid discrimination concerns". Star Tribune . Archived from the original on 6 June 2023. Retrieved 7 June 2023. a Rhode Island-based nonprofit called the Legal Insurrection Foundation
  3. 1 2 Jonathan Friedman; James Tager. "Educational Gag Orders". PEN America . Archived from the original on 9 November 2021. Retrieved 7 June 2023. the conservative Legal Insurrection Foundation, has created CriticalRace.org, which attempts to document colleges and universities that teach CRT in trainings and programming
  4. Jan Resseger (18 November 2021). "Janresseger: National Education Policy Center's New Brief on Critical Race Theory Is a Must-Read for All Americans". National Education Policy Center . Archived from the original on 21 April 2023. Retrieved 7 June 2023. advocacy organizations such as Parents Defending Education and the Legal Insurrection Foundation
  5. "Archived copy". Archived from the original on 2023-04-22. Retrieved 2023-06-07.{{cite web}}: CS1 maint: archived copy as title (link)
  6. Gus Chan (7 June 2022). "Legal education could take a hit from critical race theory controversy". Crain Communications . Archived from the original on 9 June 2022. Retrieved 7 June 2023. William Jacobson, a clinical professor of law at Cornell Law School and president of the Legal Insurrection Foundation
  7. 1 2 Daniel Golden (3 January 2023). "'IT'S MAKING US MORE IGNORANT'". The Atlantic . Archived from the original on 24 June 2023. Retrieved 7 June 2023. the Critical Race Training in Education website, which has been featured on Tucker Carlson Tonight [...] the website was a project of something called the Legal Insurrection Foundation
  8. 1 2 Ana Radelat (5 June 2023). "U of M summer internship program was targeted by outside conservative activists". MinnPost . Archived from the original on 6 June 2023. Retrieved 7 June 2023. Another project of the Legal Insurrection Foundation, called CriticalRace.org, has compiled a database of universities that it says teach critical race theory, but also details all efforts at diversity and inclusion at a school
  9. DAVID THEO GOLDBERG (1 August 2021). "Meet Christopher Rufo — leader of the incoherent right-wing attack on "critical race theory"". Salon.com . Archived from the original on 2 June 2023. Retrieved 10 June 2023. Critical Race Training in Education is a watchdog-style website [...] report on "more than 300 colleges and universities" nationwide
  10. Ilana Kowarski (21 October 2022). "How U.S. Law Schools Are Preparing Students For Racial Justice Work". U.S. News & World Report . Archived from the original on 27 December 2022. Retrieved 7 June 2023. representatives of the Legal Insurrection Foundation, a nonprofit organization that focuses on academic freedom and free speech issues, published an op-ed describing the policy as an "instance of woke ideology being forced on the nation."
  11. 1 2 Kathleen Moore (5 April 2023). "Albany library criticized for saying only Black librarians could apply to internship". Times Union (Albany) . Archived from the original on 22 May 2023. Retrieved 7 June 2023. the library received a cease and desist letter from the Equal Protection Project of the Legal Insurrection Foundation
  12. Brian Flood; David Rutz (20 March 2023). "Central Florida professor fired for disputing systemic racism and White privilege fights back, files lawsuit". Fox News . Archived from the original on 7 June 2023. Retrieved 7 June 2023. Legal Insurrection Foundation president William A. Jacobson [...] Jacobson started the Equal Protection Project (EPP)
  13. Claudette Riley (8 June 2023). "Civil rights complaint filed against MSU alleges discrimination against 'white males'". Springfield News-Leader . Archived from the original on 25 July 2023. Retrieved 25 July 2023. Formed in February, the nonprofit Equal Protection Project of the Legal Insurrection Foundation
  14. Julian Mark (29 April 2024). "Can this firm invest in only Black women? This case will decide". Washington Post . Retrieved 7 June 2024. the Equal Protection Project, a legal organization that opposes race-based affirmative action
  15. Cory Matteson (1 May 2023). "MSU president says lessons learned after small-biz boot camp accused of excluding white men from applying". Springfield Daily Citizen. Archived from the original on 25 July 2023. Retrieved 25 July 2023. our plan would be to not to duplicate this again," Smart said
  16. Sarah Rumpf-Whitten (18 July 2023). "NYU opens anti-racist class only to White public school parents: report". Fox News . Fox News. Archived from the original on 29 October 2023. Retrieved 26 July 2023 via MSN. The Equal Protection Project of the Legal Insurrection Foundation (EPP) is calling for the U.S. Department of Education's Office for Civil Rights to investigate NYU's ongoing summer program
  17. Joseph Ax (22 September 2023). "Anti-affirmative action group, emboldened by US Supreme Court, targets scholarships". Reuters . Retrieved 1 July 2024. A non-profit group opposing race-based education policies has filed more than a dozen U.S. civil rights complaints this year
  18. Matt Lamb (22 May 2024). "MIT makes slight edits to 'women of color' program after federal complaint". The College Fix . Retrieved 7 June 2024. A federal civil rights complaint has been filed against a Massachusetts Institute of Technology program that excludes white students
  19. https://www.bostonglobe.com/2024/05/20/metro/civil-rights-complaint-against-mit/
  20. https://www.wcvb.com/article/massachusetts-institute-of-technology-accused-racial-gender-discrimination-federal-complaint/60847744
  21. https://www.msn.com/en-us/news/us/ny-school-district-apologizes-for-exclusionary-language-to-promote-event-for-non-white-students/ar-BB1nEZhv