Under the Law: Wanted: American educator

Abstract

A recent series of bills subject educators to fines, or even jail time, for conduct lawmakers find acceptable, such as assisting transgender students with gender transition, offering potentially “harmful” material in school libraries, or teaching “critical race theory.” These laws enable private citizens to sue educators who engage in these activities for damages, essentially acting as “bounty hunters” who enforce the law when the state cannot. Robert Kim discusses the precedents behind such third-party enforcement and considers whether educators’ fears of rampant litigation are overblown.