In April 2022, Gov. Ron DeSantis signed HB7, the Individual Freedom Act, also known as Florida’s Stop Woke Act, in Hialeah Gardens. Today, the 11th Circuit U.S. Court of Appeals will hear oral arguments on the act.
Today, the 11th Circuit U.S. Court of Appeals will hear oral arguments on Florida’s controversial HB7, the Individual Freedom Act, also known as Florida’s Stop Woke Act. Passed in 2022 by the Florida Legislature, this law states that “subjecting individuals to specified concepts under certain circumstances constitutes discrimination based on race, color, sex, or national origin.”
The American Civil Liberties Union, in its written opposition to HB7, contends that the law would prohibit the teaching of subjects related to race, gender, national origin, slavery’s impact and patriarchal systems within the K-20 education system. In fall 2022, a federal judge issued an order that blocked enforcement of the law, calling it “dystopian,” claiming it violates free speech and academic freedom. As a professor at one of Florida’s state universities, I have spent more than 20 years educating students about the Latino diaspora and the challenges they face. However, I now confront the stark possibility of no longer being able to teach some of my core classes if the injunction is removed and the legislation is found to be lawful.
Below are three key lessons that I no longer might be able to offer my students.
1. The history behind the formation of Latino communities in the U.S.: A phrase often heard when explaining the genesis of the Latino diaspora in the U.S. is, “We are here because they were there.” Delving into the history of Latino communities is impossible without a deep dive into U.S. military and economic intervention in Latin American and Caribbean nations. Only then can students understand how those intervention patterns resulted in colonization of some territories, such as Puerto Rico, the annexation of land belonging to other countries, such as Mexico, and the transformation of Latin American economies through structural adjustment policies that have led to displacement and propelled migration to the U.S.
Why would this run afoul of HB7? Because colonization of people classified as racial “others” relied on white supremacist beliefs about the inferiority of people of colonized lands. The institutionalized racism at the heart of colonization cannot be taught under HB7. Thus, students will not learn about the mechanisms that led to the displacement and migration of people from Latin American and the Caribbean to form communities in the U.S.
2. Disparities Among Latino Immigrants: When discussing the differences in socioeconomic, educational and occupational outcomes among Latino immigrants and their U.S.-born children, social scientists often examine contextual factors such as the conditions of exit from their countries, the context that immigrants arrive to, which includes the kinds of communities in which they settle, the nature of immigration policies that favor or disfavor certain nationalities, the contours of the labor market in garnering preferences for some immigrant nationalities over others, among other social attributes.
HB7 casts a shadow over these discussions, labeling any focus on contextual factors as undermining meritocracy. By prioritizing a critical analysis of why some immigrants succeed while others do not, I would risk being accused of devaluing the concept of meritocracy, which the law explicitly protects. Therefore, a critical analysis behind why some immigrants succeed over others cannot be emphasized over the value of meritocracy under HB7.
3. Discrimination faced by Latinos: If discrimination were a simple construct that could be explained as the outcome of prejudice toward people with dark skin, it would not be included in this list. But discrimination in the United States is much more complex and nuanced, especially when applied to groups that are multi-racial. Discussing any form of discrimination diverging from the skin color/prejudice model becomes an issue under HB7.
For example, addressing whether a light-skinned Latino can experience discrimination invokes discussions of state racial formations and institutional discrimination, topics that run counter to the law’s promotion of colorblindness as a core value. If a student asks me if a light-skin Latino can be discriminated against, I risk running afoul of the Florida law’s emphasis on colorblindness. Answering this question goes against the value of colorblindness that the state singles out as a value to be protected. But advocating colorblindness in addressing the deeply rooted racial disparities in a seemingly “colorblind” society fails to challenge institutionalized discrimination and further exacerbates racial inequality.
Four hundred years of institutionalized discrimination and segregation cannot be undone by nearly 60 years of race neutrality and colorblindness. Yet, such conversations are rendered taboo under HB7.
These three subjects represent the core themes in comprehending how Latinos initially settled in the U.S., the circumstances of their establishment and why certain communities have thrived while others have struggled. They also illuminate the challenges faced by Latino communities, and Latino individuals.
Years of teaching on these topics has resulted in feedback from students, particularly Latino students, that they value the opportunity to learn about their families’ histories and current issues facing their communities. In a state like Florida, where the Latino population is rapidly growing, these topics are of paramount importance. The looming question is, if I and others like me cannot teach the most essential aspects of the Latino experience and history, then how will students learn about the factors that led to Latinos becoming the largest minority group in the U.S.?
Elizabeth Aranda is professor of sociology and the founding director of the Im/migrant Well-Being Research Center at the University of South Florida in Tampa. She is co-leader of the Florida Chapter of the Scholars Strategy Network and Co-Founder of the Im/migrant Well-Being Scholar Collaborative.