Skip to content
Search

Latest Stories

Top Stories

State efforts to ban mask mandates in schools mirror resistance to integration

Signs protesting mask mandates

An Aug. 23 Board of Education meeting in Schoolcraft, Mich., featured signs protesting mask mandates for students and staff.

Matthew Hatcher/Getty Images

Hornbeck is a postdoctoral research fellow of educational leadership and policy at the University of Texas at Arlington.


When the U.S. Supreme Court issued its 1954 Brown vs. Board of Education decision that struck down segregated public schooling, white Southern politicians responded to the decision with ferocity.

Although preservation of states' rights was at the heart of their resistance claims, it was the racist practice of segregation that they sought to uphold.

Sen. Harry Byrd of Virginia declared the ruling "the most serious blow that has yet been struck against the rights of the states." Thomas P. Brady, Mississippi circuit judge and future state Supreme Court justice, called the day of the ruling "Black Monday." Brady also claimed that racial integration was a communist plot to unify the country around one common culture.

Over 100 Southern House and Senate members signed a Southern Manifesto, vowing to stop school integration in what Byrd called a "massive resistance." The governor of Virginia, Thomas Manley, appointed a commission to explore legal options in the wake of the Brown vs. Board of Education decision. The Gray Commission, as it was known, recommended that no child in Virginia "be required to attend a school wherein both white and colored children are taught."

Sign up for The Fulcrum newsletter

I don't bring up this Southern resistance to federal mandates that affect U.S. schools merely to recount history. As a researcher who focuses on the role of federalism in U.S. education, I believe this resistance helps shine light on why several Southern states today are pushing back against federal guidance for teachers and students to wear masks in schools to lessen the risks of contracting the more dangerous delta variant of Covid-19.

Defiance in spite of risks

In late July 2021, the Centers for Disease Control and Prevention and President Biden recommended students wear masks in schools to protect themselves and others from Covid-19.

Subsequently, Florida Gov. Ron DeSantis issued an executive order that banned schools in the state from requiring masks, claiming that the masks are unproven to be effective and might cause harm to children. The governors of Texas and Arizona took similar measures, leaving schools, concerned parents, teachers and vulnerable students few options and with little time before the school year began to decide how to respond. The Texas legislature is considering legislation that would make public mask requirements illegal.

A history of resistance

Southern states ignoring federal educational guidance is not new.

For instance, rather than integrate schools, Virginia elected to close many school districts and instead offer white students vouchers to attend private schools. The state legislature enabled this in 1956, when it passed laws that stripped local school boards of their power and put it in the hands of committees appointed by the governor.

When Lindsey Almond took over as governor of Virginia in 1957, he warned that integrated schools would lead to the "livid stench of sadism, sex, immorality, and juvenile pregnancy" that he claimed existed in nearby Washington's integrated school system.

Other acts of resistance

In Mississippi, things were little different than in Virginia. Gov. Hugh White thought that he might avoid integration by convincing Black residents to voluntarily agree to continue segregation. He promised more money for schools. He met with 90 Black leaders and asked for voluntary segregation. The plan failed when only one person at the meeting agreed to the proposal. As a result, the governor called a special session of the state legislature.

The legislature passed a bill that led to the closure of public schools in the state. Public schools would be mostly private and segregated. It took 16 years for Mississippi schools to comply with the Brown decision and fully integrate.

Other states resisted integration in similar ways, with various policies that privatized public schools, leading to the modern civil rights movement. The civil rights movement opened the door for a larger federal government role in educational policy. The Justice Department has the authority to investigate and prosecute schools under the Title IX provision of the Civil Rights Act of 1964 that mandates civil rights protection for students.

Fight against federal government continues

Fast forward to 2021 and governors and lawmakers in states such as Florida, Texas and Arizona are clamoring with a similar states' rights argument as their predecessors.

Like Virginia and Mississippi in the 1950s, these states are attempting to undermine federal intervention in schools. The U.S. Constitution creates a federal system where the national government shares power with states. Any power not explicitly listed in the Constitution is left to the states, per the 10th Amendment. As a result, educational policy is largely left to the states, so long as civil rights are protected.

Within states, power is shared with local governments in whatever way state constitutions and law decide. DeSantis has threatened retaliation against schools who defy his order by cutting superintendent salaries. Yet, a state judge stopped his order. DeSantis claims that he will win on appeal.

Texas and Arizona officials have threatened consequences, such as loss of funding and lawsuits, to school districts that mandate masks. Threatening localities with retaliation did not prevent the eventual integration of schools in the South. Considering that local school districts are following federal health guidance, threats from governors to browbeat localities into submission have stirred community outrage from parents and lawsuits from concerned citizens.

Nevertheless, federalism makes power-sharing between the states and federal government complicated. The Constitution gives states the power to create their own educational and health policies, but the federal government can enforce civil rights laws in schools, making educational policy political whether people like it or not.

This is why, on Aug. 30, 2021, the U.S. Department of Education announced that it would investigate whether statewide mask bans deny civil rights to students with disabilities.

Like school integration in the past, policies that require or encourage masks have become the new arena for the ongoing American argument about Southern states' rights.

The Conversation

Read More

U.S. President Donald Trump holds up a signed executive order as (L-R) U.S. Treasury Secretary Scott Bessent, Secretary of Commerce Howard Lutnick and Interior Secretary Doug Burgum look on in the Oval Office of the White House on April 09, 2025 in Washington, DC.

U.S. President Donald Trump holds up a signed executive order as (L-R) U.S. Treasury Secretary Scott Bessent, Secretary of Commerce Howard Lutnick and Interior Secretary Doug Burgum look on in the Oval Office of the White House on April 09, 2025 in Washington, DC.

Getty Images, Anna Moneymaker

President Trump Invokes Emergency Powers for New Tariffs

In his April 2 executive order on tariffs and previous orders announcing tariffs on Chinese, Canadian, and Mexican imports, President Trump used the National Emergencies Act of 1976 (NEA) and the International Emergency Economic Powers Act (IEEPA) of 1977.

This raises two important questions: Do the National Emergencies Act and IEEPA allow the President to set tariffs, and is the current economic state actually an emergency? (We also covered some tariff history on our full post here, and here on the projected impact, Trump's rationale, and Congress's response.)

Keep ReadingShow less
Innovative Local Solutions Can Ease America’s Housing Crisis
aerial photography of rural
Photo by Breno Assis on Unsplash

Innovative Local Solutions Can Ease America’s Housing Crisis

Across the country, families are prevented from accessing safe, stable, affordable housing—not by accident, but by design. Decades of exclusionary zoning, racial discrimination, and disinvestment have created a housing system that works well for the wealthy but leaves others behind. Even as federal cuts to public housing programs continue nationwide, powerful, community-rooted efforts are pushing back and offering real, equity-driven solutions led by local voices.

Historically, states like New Jersey show what’s possible when legal advocacy and grassroots organizing come together. In 1975, the New Jersey Supreme Court’s Mount Laurel ruling established that every municipality in the state has a constitutional obligation to provide its fair share of affordable housing. This landmark legal ruling reshaped housing policy and set a national precedent. Today, organizations like Fair Share Housing Center continue to defend and expand this right, ensuring that local governments are prohibited from using zoning laws to exclude working-class families or people of color.

Keep ReadingShow less
Trump Welcomes Salvadoran President, Continuing To Collaborate With Far-Right World Leaders

WASHINGTON, DC - APRIL 14: U.S. President Donald Trump meets with President Nayib Bukele of El Salvador in the Oval Office of the White House April 14, 2025 in Washington, DC.

(Photo by Win McNamee/Getty Images)

Trump Welcomes Salvadoran President, Continuing To Collaborate With Far-Right World Leaders

WASHINGTON D.C. - President Donald Trump on Monday said that he would try to deport “as many as possible” immigrants or criminals to El Salvador. Salvadoran President Nayib Bukele met with Trump at the White House to discuss the ongoing deportations of MS-13 and Tren de Aragua gang members to El Salvador’s notorious Center for Terrorism Confinement (CETOC).

Trump has now deported 238 individuals to El Salvador under the 1879 Alien Enemies Act without notice or due process of law. President Bukele has agreed to help Trump with his deportation goals and received $6 million from the White House to continue these efforts.

Keep ReadingShow less
Quiet Death of Dissent
woman in black hijab holding white and black printed board
Photo by Justin Essah on Unsplash

Quiet Death of Dissent

There is something particularly American about the way we're dismantling our democracy these days – we are doing it with paperwork. While the world watches our grand political theater, immigration agents are quietly canceling visas, filling out deportation orders, and reshaping the boundaries of acceptable speech without firing a single shot.

I think about Mahmoud Khalil, a Palestinian activist and Columbia graduate who committed no crime beyond speaking his mind. I think about Rumeysa Ozturk, a doctoral student at Tufts whose academic career hangs by a thread. I think about the estimated 300 international students whose visas are under review or already revoked for daring to participate in First Amendment exercises on campus across the United States. These stories are not just about immigration status but about who is American enough to participate in its democracy and under what conditions.

Keep ReadingShow less