SMU Law Review Forum
Abstract
The Texas Historical Commission (“THC”), a legislatively enacted agency of the State of Texas, has erected and disseminated nearly 17,000 historical markers across the state’s vast 268,596 square miles and 254 counties with one express purpose: “To protect and preserve the state’s historic and prehistoric resources for the use, education, enjoyment, and economic benefit of present and future generations.” Unfortunately, the histories of both the United States and Texas are under siege. Politically charged and fear driven constituents have fully devoted their collective time, energy, and financial resources to destroying the perceived new boogeyman, Critical Race Theory (“CRT”). Since January 2021, all but six states have considered legislation concerning CRT in public schools. Currently, eighteen states, including Texas, have passed legislation banning CRT to eradicate altogether or offer a redacted historicity. Despite their intent, the THC, through its application and review processes, actively participates in erecting memorials that obscure aspects of Texas history, especially those pertaining to race and racism. Conversely, CRT advocates, through one of its key tenets of counter-storytelling, aim to reveal all history. The specific case of “Old Frank” illuminates the intersectionality between CRT, the State of Texas, and Southern Methodist University’s histories. Located two blocks north of the campus in University Park, Texas, “Old Frank,” a family slave, inaugurated The Daniel Family Cemetery in 1850 and has been buried there with other “unknown” slaves in unmarked graves for nearly two centuries. “Old Frank’s” untold or “undertold” story both illuminate CRT’s necessity and stymies the THC’s ability to fulfill its motto of “Real Places Telling Real Stories.”
Recommended Citation
Mark C. Grafenreed,
Critical Race Theory: Counter-Storytelling the Case of ‘Old Frank’ and the Daniel Family Cemetery,
76
SMU L. Rev. F.
175
(2023)
