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critical race theory
No Ballot Measures Qualified in Florida This Year; That Was Not an Accident
If and when other states replicate Florida’s hardball tactics against ballot measures, it would represent the greatest threat to direct democracy in years.
Mar 10, 2026
In February, the Florida Department of State determined that no citizen-initiated measures qualified for the Florida 2026 general election ballot. This was not an accident. This outcome is the culmination of a multi-year, multi-pronged attack on the ballot measure process in Florida, with the most draconian blow coming last May.
On May 2, 2025, the Florida legislature passed House Bill 1205, a law that restricts, criminalizes, and penalizes ballot initiative efforts in Florida. HB 1205 is a direct assault on Florida’s citizen-led constitutional amendment process—imposing vague, burdensome, and punitive restrictions that threaten to chill core political speech and discourage civic participation. Although there are several insidious provisions in this law—severe petition-related fines and penalties, restrictive circulation periods, and burdensome petition circulation training obligations, including for volunteers—one of the most damaging provisions only revealed its true nature weeks after the law went into effect.
Unique to the Florida ballot measure process, statewide initiative proponents are obligated to pay a verification fee for each petition they submit. Prior to HB 1205, the cost averaged about 87 cents per petition. On its face, this obligation was already unconstitutional. However, HB 1205 went even further, redefining the “actual cost” of signature verification and authorizing county supervisors to calculate the new per-petition cost, and begin collecting it from statewide ballot initiatives.
Starting on June 30, 2025, the county supervisors began posting their increased signature verification rates. Many newly posted fees are dramatically higher. For example, Lee County raised fees from $0.95 to $4.40 per petition, a 363% increase, while Gilchrist County raised fees from $0.10 to $2.77 per petition, a 2,670% increase. On average, Florida’s three largest counties increased fees to more than $3.77 per signature. As a result, it will now cost sponsors millions of dollars to verify enough petitions to qualify for the ballot. By comparison, no other state even comes close—the largest filing fee we are aware of is Montana’s fee of $3,700, which a court promptly struck down as unconstitutional under state law.
If the regressive policies of HB 1205 are left unchecked, other states will immediately adopt the same types of policies.
There is no question that Florida has been a breeding ground for bad legislation in recent years. Just to name a few—in 2005, Florida passed the first “stand your ground” law. Florida was one of the first states to ban “critical race theory” from its classrooms and was the first state to ban the AP African American studies course. Attacks on the ballot measure process have escalated in recent years, and there is no question that state legislatures look to one another for novel ideas to make the ballot measure process more restrictive. Once a restrictive policy is seen as permissible in one state, other states move quickly to adopt it for themselves. For instance, several states have tried to increase their ballot measure passage thresholds after Florida increased its threshold to 60%. Likewise, geographic circulation requirements, circulator registration and reporting obligations, and circulator payment restrictions have spread like wildfire across Republican-controlled states. Without a doubt, if the regressive policies of HB 1205 are left unchecked, other states will immediately adopt the same types of policies.
And yet, there is still hope. After HB 1205 passed last year, Florida Decides Healthcare, the Medicaid expansion initiative campaign, immediately filed a lawsuit in federal court arguing that HB 1205 is a direct assault on Florida’s citizen-led ballot measure process. That case went to trial on February 9, where the State attempted to defend its restrictions. If HB 1205 is allowed to stand, it will be prohibitively expensive for any initiative to get on the ballot in Florida. If and when other states replicate Florida’s hardball tactics against ballot measures, it would represent the greatest threat to direct democracy in years. Democracy advocates around the country should watch this trial closely, and we should all applaud Florida Decides Healthcare for standing up for their direct democracy rights.
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‘Free Speech Absolutist’ Elon Musk Says Teachers Should Be ‘Imprisoned’ for Accurate Lessons on US History
The world’s richest man believes it is “treason” to teach students the plain fact that the United States was built on stolen Native American land.
Jan 15, 2026
Self-proclaimed "free speech absolutist" Elon Musk believes schoolteachers should be "imprisoned" for educating students on topics that portray America negatively—including the nation's history of racism and the displacement of Native Americans.
The world's richest man, who was a prolific donor to President Donald Trump and a member of his administration, expressed this desire in a post on his social media app X on Thursday in response to a survey of high school students from 2022 conducted by the right-wing Manhattan Institute, about whether they had been taught concepts labeled as part of "critical social justice."
The post Musk replied to specifically emphasized that, according to the poll, 45% of students said they had been taught that "America was built on stolen land," while another 22% said they'd heard it from an adult at school.
Any even cursory retelling of US history makes such a statement beyond dispute. Since the arrival of European settlers in what would become the United States, Native Americans have been subject to over 300 years of well-documented forced migration policies, wars of extermination, and coercive treaties codifying their dispossession from lands they lived on for centuries.
In 2021, a year before the survey was conducted, researchers examined the first comprehensive dataset quantifying the forced removal of Native Americans and found that Indigenous people had lost approximately 99% of the lands they historically occupied.
The poll showed that students had also been taught other ideas about America that, while politically contentious, are also well-founded by US history and ongoing realities of legal and economic inequality—including that "America is a systemically racist country," that "white people have white privilege," and that "America is a patriarchal society."
With state-level bans on what it calls "critical race theory," "gender ideology," and other supposedly "divisive concepts" in public education, the right has in recent years been systematically chipping away at classroom discussions related to the uglier parts of US history and resulting ongoing inequality. Meanwhile, the second Trump administration has sought to use federal funds to coerce public schools into adopting his standards for "patriotic education."
But Musk, who donated an unprecedented $290 million to Trump to help him reclaim the presidency in 2024, thinks merely banning students from learning negative things about the country is not enough.
"Teaching people to hate America fundamentally destroys patriotism and the desire to defend our country," he wrote. "Such teachings should be viewed as treason and those who do it imprisoned."
The irony was immediately apparent to many. Musk's call comes just days after he claimed that by pushing to ban his platform X over its proliferation of nonconsensual artificially generated pornography, including of children, the United Kingdom “want[s] to suppress free speech.”
Musk has on numerous previous occasions emphasized the importance of the First Amendment of the US Constitution, which guarantees the right to free expression.
"You can't claim to care about the First Amendment if you believe this," responded Billy Binion, a reporter for the libertarian news outlet Reason." Treason is a capital offense. Imprisoning or executing people for their words is impossible to reconcile with any understanding of free speech. Incoherent and un-American."
The billionaire has long claimed to be one of free speech's foremost defenders, but often only in cases involving his ideological allies.
Since he took over the social media platform formerly known as Twitter in 2022, those who have criticized him, reported negative news stories about him, or promoted causes he disagrees with—particularly Palestinian or LGBTQ+ rights—have often had their accounts suspended or their content’s reach limited.
In recent weeks, echoing rhetoric from the Trump administration about deporting tens of millions of nonwhite American citizens, Musk has spiraled further into explicit calls for the ethnic cleansing of the United States, endorsing posts stating that white people must “reclaim our nations” or “be conquered, enslaved, raped, and genocided” and that “if white men become a minority, we will be slaughtered,” necessitating “white solidarity.”
"Obviously, the whole Elon-is-a-free-speech-absolutist thing is long dead," wrote Alex Griswold, a spokesperson for the Foundation for Individual Rights and Expression, commonly known as FIRE. "But it goes beyond that to the point that he is significantly more censorial than the median American."
Pam Fessler, a former news correspondent for NPR wrote that "People who call for the imprisonment of those who teach facts are the ones who 'hate' America."
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The Battle Over Public Education Is Loud; the Work of Teachers Is Louder
Even when faced with pressure and threats from almost all sides, the actual, individual people shaping the education of our children will not let themselves be cowed.
Dec 18, 2025
There is a looming threat to K-12 public education in America, but it is not only the substantial amount of laws restricting what can be taught in classrooms. The equally profound danger is that we are allowing a narrow political narrative to overshadow what is actually happening inside schools.
National pundits and scholars frame “the law” as a singular force indoctrinating students, obscuring the fact that we are dealing with a patchwork of rapidly evolving laws. While these legal shifts are detrimental, a more comprehensive understanding requires considering the lived experiences of educators, students, and the organizations that navigate them. The threat is not simply complacency to this “silent majority.” It is also the refusal to recognize that our schools are not homogeneous battlegrounds, but diverse communities experiencing these political pressures in very different ways.
The problem is not “the law,” it is the laws, plural, rushed through statehouses by politicians eager to score cultural points without any clarity on implementation or impact. Political influence on standards is nothing new, but recent controversies have reached a fever pitch as conservative lawmakers push divisive-concepts bills restricting topics such as race, gender, and LGBTQ+ rights.
In 2022, the South Carolina legislature debated bills banning The 1619 Project and any content feared to make white students “feel guilty.” Today, 35% of K-12 students attend school in states with anti-critical race theory laws. By 2023, 65% of history teachers reported limiting political discussions. As one Ohio teacher put it, “It’s tough for teachers to stick their neck out… you just see the attack on teachers increasing over and over again.”
While the legislators passing these laws attempt to rally popular support behind a narrative that they are the “silent majority,” we can’t let them obscure their genuine presence as simply a highly outspoken minority.
For example, New Hampshire is facing restrictive “divisive-concepts” laws, dwindling public school funding, and bounties on teachers that Moms for Liberty hopes to “catch.” As much as Moms for Liberty promotes its bounty as protection for children, the bounty serves one exclusive purpose. To instigate fear among educators, parents, and the broader public.
But this fear is largely baseless. Despite its efforts to intrude into the classroom and attack teachers, Moms for Liberty has remained unsuccessful. Even with a $500 cash prize on the line, not a single teacher was “caught” and fired for Moms for Liberty’s agenda. It’s as if, when investigated, teachers are not posing dangers to students. Rather, they are trained educators fighting for the strong democratic education of the nation's children.
While the legislators passing these laws attempt to rally popular support behind a narrative that they are the “silent majority,” we can’t let them obscure their genuine presence as simply a highly outspoken minority.
Legislative activity across the nation is also propagating fear among educators. But these bills are poorly crafted, vague, lacking expert input, and inconsistent with the First Amendment and academic freedom. While these threatening bills infiltrate news headlines, most of them have no real power. In 2024, 56 educational gag orders were filed, but only 8 were actually implemented. These are also new lows for proposed and implemented gag orders compared with the last few years.
Instead, we continue to see bipartisan opposition to politicized state lawmakers making choices about the content in K-12 schools. In 2024, we saw the first successful challenges to K-12 gag orders in court. Groups like Moms for Liberty remain unpopular among the public. Moms for Liberty and the 1776 Project continue to suffer electoral losses, with their publicly endorsed candidates losing about 70% of their races nationwide in 2023.
Bearing this in mind, we must continue to hold strong against these loud (but little) groups. Although they’ve mastered the art of amplifying their voices and distracting us with frightening news headlines, we cannot succumb to their scare tactics and must continue to make informed decisions based on our own investigation.
Furthermore, beyond the failures of these scare tactics, perhaps one of the most profound places to look for hope is in the actions of individual teachers across the United States. Here, we will draw on the testimonies of three different teachers, whom we interviewed as part of an Amherst College course on the polarization of social studies education. Although they cannot single-handedly represent the entire nation, their words have been echoed throughout the sources and interviews we have examined in our class.
What these teachers can show us is that, even when faced with pressure and threats from almost all sides, the actual, individual people shaping the education of our children will not let themselves be cowed.
Even as some parents threaten the livelihoods and lives of teachers, a teacher in Florida makes the effort to reach out to the parents of the children he teaches, creating a parent-teacher relationship based on trust and respect, not hatred and anger. Even as legislators try to write teachers out of their laws, a teacher from Ohio continues to demand that his voice be heard and has ensured that, over the past six years, not a single bill has been passed that was not approved by the coalition of Ohio teachers. Even as the politicians in Washington squabble like children, a teacher in Arkansas crafts a classroom where the children she teaches learn to engage in civil debate and learn to disagree on a topic while still remaining friends.
All three of these teachers—and thousands more across the country—continue, quietly, to educate the nation's children with kindness and nuance, even as the politicians in the Capitol do their best to sabotage the fundamental educational structures of the United States.
So don’t give up, don’t let them win. Don’t let them write a story that places teachers as the villains.
Don’t let them make you forget how hope endures and that the strength of the educational system lies maybe not in the laws that politicians apply to it, but instead in the individuals who dedicate their lives to ensuring children can learn and play and will grow to shape the future of this country.
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