COVID-19 Response from The Colleges of Law:

The Battle for Democracy Starts in the Classroom

Jackie Gardina, J.D., dean and chief academic officer at The Colleges of Law, discusses how the classroom is critical for defending democracy.

I have been thinking a lot about educational gag orders. PEN America is a great resource to learn more about the growing number of laws dictating what can and cannot be taught.

The battle for democracy doesn’t start in Congress, the state legislatures, or even the voting booth; it starts in the classroom. Education is the linchpin of democracy. Attacks on education are attacks on democracy. They needed to be treated as such.

Let me share a personal story to illustrate my point. Almost 40 years ago, I took an undergraduate history class on World War II with professor Larry Gelfand, Ph.D., a well-respected teacher and scholar at the University of Iowa. Dr. Gelfand was in the infantry during WWII and fought the Battle of Okinawa, a fierce battle that resulted in nearly 50,000 American casualties and more than 12,000 American deaths. During the class, we examined our nation’s wartime decisions, from entering the war to dropping the atomic bomb. Up to this point, I had been exposed to only a one-dimensional view of the war, one in which the U.S.’s actions were largely unexamined. I remember Dr. Gelfand asking why the Battle of Okinawa was necessary if President Truman planned to bomb Hiroshima and Nagasaki. He didn’t posit an answer, he just left the question hanging in the air. It was a powerful teaching moment.

I returned home and with all the hubris of a 19-year-old indignantly presented the question to my parents. They did not react well. My dad was a WWII veteran, and they had lived through the war. They said I didn’t understand the complexities of the time. And they were right, I didn’t. But it spurred me to think more critically about U.S. history and policies.

Unfortunately, students in many states are now being denied that same powerful moment. Over the last two years, state legislatures have introduced hundreds of laws intended to prohibit or restrict what is taught in public schools, colleges, and universities. Most of the laws target discussions of race, racism, sexual orientation, gender, and even American history. The vague and sweeping language of these bills—such as South Carolina’s prohibition against discussing any topic that creates “discomfort, guilt, or anguish” based on political belief—combined with the potential monetary penalties, place institutions and educators in an untenable position. When you add the divisive and sometimes violent rhetoric around these proposals, they effectively chill speech.

But these bills do more than stall a student’s development or chill an educator’s speech—they undermine democracy. The founders believed that an educated public was essential to self-government. Thomas Jefferson opined that we must “educate and inform the whole mass of the people … they are the only sure reliance for the preservation of our liberty.” Franklin D. Roosevelt, the very president I was critiquing in Dr. Gelfand’s class, echoed Jefferson’s sentiment:

“Democracy cannot succeed unless those who express their choice are prepared to choose wisely. The real safeguard of democracy, therefore, is education … to prepare each citizen to choose wisely and to enable him to choose freely are paramount functions of the schools in democracy.”

In short, education was perceived to be a bulwark against tyranny.

History provides evidence that autocratic governments seek to influence or, in some cases, prohibit citizens from obtaining an education. When Adolph Hitler came to power, he immediately made changes to the school curriculum, seeking to reduce resistance to fascist ideas. The German Student Union burned books deemed subversive or opposed to Nazi ideology. German citizens identified as Jewish were pushed out of public schools. Undermining education was a critical step in securing an obedient citizenry.

In the U.S., southern states passed laws prohibiting enslaved people from learning to read and write. North Carolina passed a statute that made it a crime for any free person to teach any enslaved person how to read or to provide them any reading material. The state feared that if enslaved people became literate, they would question their slave status and rebel.

Today’s laws are presented as protecting students from an undefined so-called woke ideology. (It isn’t a secret; the Florida Legislature adopted a law commonly referred to as the Stop WOKE Act.) Woke is thrown around today in much the same way Communist was bandied about during the McCarthy era. During that time, educators believed to be Communist sympathizers were considered dangerous influences on the public, much like educators deemed to be “woke” face monetary penalties and disciplinary action today.

Forty years ago, Dr. Gelfand invited students to critically examine decisions made by the U.S. He asked students to recognize the complexity of the moment and the political and moral compromises made. In some states today, students will not have the same freedom to scrutinize slavery, Reconstruction, the Jim Crow era, and the vestiges that linger today.

If we want to move this country toward that “more perfect union” first contemplated in the Preamble of the Constitution, we must critically examine our past to create a better future. I will end where I started: Education is the linchpin of democracy. We need to treat the attacks on education with the same passion we treat the attacks on voting rights.

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Leading Legal Minds: James Vega

Alumnus and Ojai City Manager James Vega credits law school with opening doors he never thought possible.

He wanted to become an English teacher. Instead, The Colleges of Law alumnus James Vega rose in the ranks to become city manager of Ojai, California, a small city nestled in Ventura County with a population just over 7,000.

“I grew up in a blue-collar family, and blue-collar in California is tough,” Vega says. When he was a boy, both his parents worked for the government in different school districts and did other city work. “I won’t say we were poor, but we were not wealthy by any means.”

It was his parent’s commitment to the community that shaped Vega’s affection for public service. So he studied to become a teacher, working hard to graduate with his B.A. in English—emphasis in education—from California State University, Channel Islands. However, during his final years of undergrad, he began taking a keen interest in a different professional field.

“My wife was a student at The Colleges of Law at the time,” Vega says. “I used to read some of her assignments and the work she was doing, which really interested me. Actually, it’s what made me begin to consider looking into law school.”

Vega realized that law could be a different way to serve his community, specifically as a public defender. He had been fascinated with the dynamic balance of legal expertise and interpersonal skills that the position demands. First, though, Vega needed to find a law school that fit his increasingly busy adult life.

He narrowed it down to two choices.

“It was going to be Pepperdine or The Colleges of Law in Ventura,” says Vega, adding that once he decided he would practice solely in California he had no reason to pay the additional costs he would incur at Pepperdine. The Colleges of Law offered additional benefits as well, specifically the professional connections the school has built throughout local communities. “The Colleges of Law really does have an amazing network, specifically in Ventura County. Even the judge I ended up doing an internship with was a graduate of The Colleges of Law. So I saw the network, I knew about the school’s reputation, and it just seemed like it was a great community of people.”

For Vega, everything was coming together. He leveraged his bachelor’s degree into a substitute teaching gig to help support him financially during his first year of law school. Then he began working in IT for the city of Oxnard as he continued working toward graduation.

“I worked full time the whole time that I was there, Monday through Friday, 8 a.m.-6 p.m. Then I would get in my car and speed over to the law school and got there about 6:35 p.m. every day—probably a few minutes late,” Vega says. “Some other people may have great stories about all the different things they got to do, but my great experience was that I was able to be a full-time working adult while still being able to attend law school. That was key for me.

“If The Colleges of Law didn’t exist, I honestly don’t think I would have ever gotten my law degree. It would have been too much of a reach. I wouldn’t be able to afford it, or it wouldn’t be possible to get there every day while working. I just wouldn’t have done it. The Colleges of Law really is doable for a full-time working adult, and it provides an opportunity for people who otherwise wouldn’t have the ability to do it.”

But sometimes the timing just doesn’t work. After graduating in 2012, Vega passed the California Bar Exam and applied to work in the local public defender’s office. Although the Great Recession had officially ended in June 2009, the legal community was still reeling from its initial impact.  

“People say the recession was over, but it wasn’t,” Vega says. He was put on a waiting list for positions with the public defender’s office. “I was number 620, or something like that. Everybody had either closed or was closing their private firms and coming to work for the government. The positions just weren’t available at that time.”

Luckily, Vega’s decision to pursue a legal degree opened other doors. An administrative assistant for the city manager’s office in Ojai had heard about Vega passing the bar. They decided to bring him into the office and give him a shot. The position was less than defined.

“I remember my boss asking me early on, ‘if I throw things at you can you figure them out?’” Vega recalls. “It goes to show, even if you are not an attorney, law school can open doors. You still have to work your butt off to succeed, but it can help open doors for you to pursue different things. It really shows people that you can problem solve and perform analytical thinking.”

Roughly a year after being given the opportunity to impress, Vega was promoted to management analyst for the city manager; less than one year after that he was promoted to Management Analyst 3, then assistant city manager. Finally, in June 2019, Vega was appointed as the new city manager of Ojai after serving in the position on an interim basis following the retirement of his predecessor, Steve McClary. He wasn’t an English teacher. He wasn’t a public defender. But he did achieve his dream of a career in public service, a door that his legal education helped open.

“I always think if I hadn’t gone to law school then I may have never gotten the chance to step up. I think I may still be in my original IT position,” Vega says. “Nothing about me changed from the day before I graduated to the day after, but my degree opened the eyes of others that had the ability to finally give me a shot.”


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