The Undergraduate Law Review at UC San Diego

Education has historically served as a legal avenue for the construction of racial meaning, witnessed through the landmark case Brown v. Board of Education. Though Brown is primarily known for outlawing racial segregation, its impact in foundationalizing racial colorblindness—particularly through subsequent distinctions between desegregation and integration due to the case’s ambiguous verbiage—is often ignored. This article analyzes Brown’s racial footprint on the education system by examining the digital divide. An exploration of the case Cayla J. v. State of California, in conjunction with the Elementary and Secondary Education Act and the Digital Equity Act, illuminates the reproduction of racialization stemming from post-Brown debates between colorblind desegregation and race-conscious integration. Given the rapid development of artificial intelligence (AI), preventative measures emphasizing race-conscious integration must be implemented to narrow the racialized digital divide. This article reviews prospective legislation regarding AI literacy as a case study of the modern digital divide, identifying its shortcomings and offering suggestions for future race-conscious education policy that embraces integration perspectives.