Critical Race Theory

Much of the disagreement about critical race theory seems to center around its history and definition. Critical race theory  really emerged in the works of Professor Derrick Bell in the 1970s and 1980s as a response to the notion that  the law is neutral and fair. The central premise is that our country's history of slavery, racism, segregation, etc. has had lasting effects on our institutions and on the law itself.  

One of the tenets of Critical Race Theory is that the First Amendment protection of freedom of speech can unfairly protect the status quo. The thinking is that some speech, such as hate speech, has no social value should be policed in terms of its effect on the groups it targets.