From Courtroom to Classroom: Critical Pedagogy Through Legal History and State Advocacy

• In Event: From Classroom to Capitol: Critical Pedagogy and Praxis Under State Repression

Abstract

Objectives

Over the past five years, state legislatures have increasingly regulated social studies curricula. However, as Stern et al. (2021) observe, civics education remains underdeveloped in preparing students to recognize how schooling is intertwined with policymaking. Policies, such as vouchers, mandated Ten Commandments displays, and curtailed protections for undocumented students, often seem to students as unpredictable disruptions. Rarely are students taught to see schools themselves as sites of ongoing philosophical, political, and epistemological contestation.

This paper presents a critical pedagogical model used in an undergraduate education course, where students analyzed foundational Supreme Court cases to examine how law bridges past and present policy debates. Deep engagement with these cases revealed enduring conflicts over race, religion, rights, and the goals of public education. The study illustrates how legal case studies can surface structural tensions and empower students with tools to critically engage ongoing educational policymaking.

Theoretical Framework
Grounded in critical legal studies and critical race theory, this paper argues that Supreme Court jurisprudence is inherently political and reinforces social, economic, and racial hierarchies (Bell, 1980; Crenshaw, 1995). Education-law cases reflect evolving constructions of student rights, religion, and childhood, shaped by broader power struggles. Freire’s (1996) notion of praxis is central: whereas many practitioners frame law in terms of compliance, a critical approach sees it as terrain in democratic debates about schooling’s role in society. Giroux (1988) similarly urges viewing schools as political arenas in which ideological and legal conflicts take place. Legal history in education thus fosters critical awareness among students and educators.

Methods


Using The Schoolhouse Gate (Driver, 2018) as a foundational text, students critically examined constitutional and student rights. They studied Supreme Court cases on speech, due process, and equal protection to address whether children hold natural rights and when schools act as parental agents. The class then assessed Texas education legislation for constitutional implications, produced policy briefs, and presented them to legislators and staff. This model integrates legal analysis and civic praxis, enabling students to translate content knowledge into policy advocacy.

Data Sources


This study draws on three qualitative sources: (1) student artifacts such as policy briefs, legislative analyses, and writings inspired by The Schoolhouse Gate, revealing how participants developed a critical understanding of constitutional rights; (2) classroom observations and field notes capturing student engagement and discourse surrounding student rights; and (3) post-capitol visit reflections illuminating how real-world advocacy influenced students’ critical awareness and understanding of law’s role in education.

Scholarly Significance


This work makes three contributions: First, by embedding CRT in legal scholarship, it reclaims CRT’s intellectual lineage and avoids the distortions of the CRT moral panic. Second, it positions education courses as central to constitutional literacy, reflecting how schooling and law intersect in democratic governance. Third, its focus on key Supreme Court cases helps “unforget” legal histories foundational to civil rights. Treating the Court as a site of political contest shows that doctrinal change and social movements are deeply interconnected.

Author

• Habiba Noor, Trinity University