The Legacy Museum and Critical Race Theory: Two Visions of America's Racial History

The Legacy Museum in Montgomery, Alabama, and legal scholar Kimberlé Williams Crenshaw have separately addressed aspects of U.S. racial history, including slavery, segregation, and contemporary legal frameworks. Their work documents historical events and legal concepts related to race in America.

Legacy Museum: Documentation of Racial Injustice

The Equal Justice Initiative (EJI), founded by human rights lawyer Bryan Stevenson, established the Legacy Museum in Montgomery, Alabama, in 2018. The museum documents the history of slavery and racism in the United States. A new exhibit, "Montgomery Square," covers the period from the 1955 Montgomery bus boycott to the 1965 Selma to Montgomery marches for voting rights.

Jim Crow Era Transportation

During the Jim Crow era, Montgomery's buses operated under segregationist policies. African Americans were restricted from the first 10 seats, which were designated for white passengers. Black individuals were required to pay their fare at the front of the bus and then re-board through the rear door. In 1950, Hilliard Brooks, a Black World War II veteran, was fatally shot by police following an altercation with a bus driver during the boarding process.

"Truth-telling is a prerequisite for achieving reconciliation, redemption, restoration, and repair." — Bryan Stevenson

Documentation of Lynchings

EJI conducted research over five years, examining archives and newspaper records to document lynchings in the United States. The research identified 6,500 lynchings of Black individuals between 1865 and 1950—an increase of 2,000 from previous documentation. Stevenson noted that this reflects a historical investigative gap.

Documented reasons for lynchings included failing to use a title of respect, entering a white person's home through the front door, or passing notes to white women. One case involved a Black woman lynched as a proxy for her brother who was accused of an offense.

Civil Rights Activist Interviews

Stevenson recounted meeting civil rights activists Rosa Parks and Johnnie Carr. He described explaining EJI's mission to challenge wrongful convictions, address systemic inequalities in the legal system, represent children, and combat bigotry, poverty, and issues related to mental illness within the justice system. Parks responded by noting the demanding nature of the work, and Carr emphasized the necessity of bravery for such efforts.

Selma to Montgomery Marches

Regarding the Selma to Montgomery marches, Stevenson emphasized the significant courage demonstrated by participants who faced violence without protection. He cited testimonies from interviewees including Amelia Boynton Robinson, who nearly died, and Lynda Blackmon Lowery, who was severely beaten by state troopers but still sought to rejoin the marches. Stevenson also referenced Dr. Bernard Lafayette, a Selma organizer, who stated participants were prepared for death.

Truth and Reconciliation

Stevenson stated that truth-telling is a prerequisite for achieving reconciliation, redemption, restoration, and repair. He drew parallels to legal processes, where establishing facts is essential for informed judgments. He referenced South Africa's post-apartheid Truth and Reconciliation Commission, which provided platforms for victims and perpetrators, and Germany's efforts to memorialize the Holocaust and mandate educational understanding, contrasting these with the U.S. approach to its own historical harms.

Equal Justice Initiative

Stevenson founded the EJI, an organization that provides legal representation to children and adults who have been wrongfully convicted or unfairly sentenced. His 2014 memoir, Just Mercy, was adapted into a film featuring Michael B. Jordan.

Critical Race Theory: Legal Framework and Debate

Legal scholar Kimberlé Williams Crenshaw, who coined the terms "intersectionality" and "critical race theory," discusses her new memoir Backtalker and the current debate around critical race theory.

"Critical race theory examines how race is embedded in American law." — Kimberlé Williams Crenshaw

Key Definitions

Crenshaw defines intersectionality as the concept that discrimination based on race and gender can overlap, originating from her study of the 1976 Supreme Court case DeGraffenreid v. General Motors. Critical race theory, she explains, examines how race is embedded in American law, citing examples such as the Constitution's treatment of slavery and segregation during the Montgomery bus boycott.

Policy and Legal Context

In 2020, President Trump criticized critical race theory as "toxic propaganda," and over 20 states have since restricted its teaching. Crenshaw commented on the Supreme Court's recent decision affecting the Voting Rights Act, expressing concern about the dismantling of civil rights protections.

Personal Background

Crenshaw grew up in Canton, Ohio, where she was encouraged to speak out against unfair conditions, a practice she calls "talking back." She recalls the assassination of Martin Luther King Jr. as a moment that "exploded our sense of possibility."

Historical Remembrance

Crenshaw emphasizes the importance of remembering historical losses, such as lynchings and the Tulsa race massacre, to remain vigilant about potential setbacks. Regarding America's 250th anniversary, she highlights the contributions of Black women to the nation's wealth and suggests celebrating the post-Civil War remaking of the Republic rather than 1776 alone.