PEN America has published a state-by-state study of gag orders in education.

Has your state passed gag orders banning books or topics? Check the PEN listing.

PEN wrote:

Over the past three years, state legislators have launched an onslaught of educational gag orders—state legislative and policy efforts to restrict teaching about topics such as race, gender, American history, and LGBTQ+ identities in educational settings.1 PEN America tracks these bills in our Index of Educational Gag Orders.

During the 2023 state legislative sessions, 110 bills that PEN America defines as educational gag orders were introduced, and 10 became law. Four more gag orders were imposed via executive order or state or system regulation: two in Florida, and one each in Arkansas and California. These developments bring the number of educational gag orders that have become law or policy to a total of 40 across 21 states as of November 1, 2023.

While it is difficult to guess the total number of educators affected by these laws and policies, a conservative estimate would put the number at approximately 1.3 million public school teachers and 100,000 public college and university faculty.2 The students who have been directly affected—through canceled classes, censored teachers, and decimated school library collections—likely number in the millions. The chilling effect on public education across the country is certainly much larger.

In this report, we analyze the educational gag orders introduced and passed in the 2023 legislative sessions, as well as the impact of laws passed in 2022 and 2021. We find the following trends:

  • In 2023, educational gag orders changed dramatically in their shape. Their supporters, who remain overwhelmingly politically conservative, have learned from past mistakes and have new and more insidious strategies for silencing America’s educators.
  • Backers of these laws in K–12 schools have shifted their emphasis to bills that restrict speech about LGBTQ+ topics and identities, including numerous copycats of last year’s HB 1557 in Florida, known to critics as the “Don’t Say Gay” law.
  • In higher education, legislators have introduced a new set of bills that attack the traditional support network that underpins academic freedom and free speech,including proposed restrictions on university governance, curricula, faculty tenure, DEI offices and initiatives, and accreditation agencies.
  • New surveys of K–12 and college teachers affected by educational gag orders show for the first time the extensive toll such laws are having on educators.
  • Fortunately, resistance to educational gag orders is rapidly growing. Increasing majorities of Americans have had enough, and organized opposition to educational censorship has increased across the country, with some notable successes.
  • In 2024, legislative efforts to censor educational institutions are likely to continue. Each of the past three legislative sessions has seen greater and more varied proposals to impose prohibitions on the freedom to learn and teach in schools, colleges, and universities. The 2024 general election is likely to contribute to ongoing escalation of this trend.