Good news in New Hampshire! Federal Judge Paul Barbadoro threw out the state’s “divisive concepts” law, which banned the teaching of anything that might be “divisive.” The same kind of law has been used in other states to ban the teaching of historical facts and literature about Blacks and gays. The judge declared it was too vague to be Constitutional and created confusion about what was and was not allowed in the classroom. In an ironic twist, the law that censors teaching and curriculum is titled “The Law Against Discrimination.”

Nancy West of InDepthNH.com wrote about the decision, which certainly must have upset State Commissioner Frank Edelblut and Governor Chris Sununu, as well as the state’s busybody Moms for Liberty.

West writes:

CONCORD – A federal judge on Tuesday struck down the state’s controversial ‘divisive concepts’ law, which had its roots in an executive order by former President Trump, that limited how teachers can discuss issues such as race, sexual orientation and gender identity with students.

The law, passed in a budget rider in 2021, created a chilling atmosphere in classrooms around the state with teachers unsure of what they could discuss about those issues without fear of being suspended or even banned from teaching altogether in the state.

The four banned concepts include:  That one’s age, sex, gender identity, sexual orientation, race, creed, or color is inherently superior or inferior; that an individual, by virtue of age, sex, gender identity, sexual orientation, race, creed, color…is inherently racist, sexist, or oppressive, whether consciously or unconsciously; that an individual should be discriminated against  because of his or her age, sex, gender identity, sexual orientation, race, creed, color; and that people of one age, sex, gender identity, sexual orientation, race, creed, color…cannot and should not attempt to treat others without regard to age, sex, gender identity, sexual orientation, race, creed, color…., according to the judge’s ruling.

In New Hampshire it’s called the Law Against Discrimination and makes it unlawful for a public employer to “teach, advocate, instruct, or train” the banned concepts to “any employee, student, service recipient, contractor, staff member, inmate, or any other individual or group.”

U.S. District Court Judge Paul Barbadoro ruled the law is unconstitutional under the 14th Amendment because it is too vague.

In the suit filed against Education Commissioner Frank Edelblut and the Department of Education by the National Education Association of New Hampshire and the American Federation of Teachers of New Hampshire, Barbadoro sided with the teachers and granted their motion for summary judgment.

  “The Amendments are viewpoint-based restrictions on speech that do not provide either fair warning to educators of what they prohibit or sufficient standards for law enforcement to prevent arbitrary and discriminatory enforcement. Thus, the Amendments violate the Fourteenth Amendment to the U.S. Constitution,” Barbadoro wrote…

The controversy escalated after Edelblut posted a page of the Department of Education website to file complaints against teachers for allegedly discriminating and a group called Moms for Liberty offered a $500 reward “for the person that first successfully catches a public school teacher breaking this law.”

Barbadoro wrote: “RSA § 193:40, IV provides that a “[v]iolation of this section by an educator shall be considered a violation of the educator code of conduct that justifies disciplinary sanction by the state board of education.

“An ‘educator’ is defined as ‘a professional employee of any school district whose position requires certification by the state board [of education].’ RSA § 193:40, V. Potential disciplinary sanctions include reprimand, suspension, and revocation of the educator’s certification.

“In other words, an educator who is found to have taught or advocated a banned concept may lose not only his or her job, but also the ability to teach anywhere in the state,” Barbadoro wrote…

Barbadoro was critical of Edelblut’s two op-ed pieces in the New Hampshire Union Leader.

“Despite the fact that the articles offer minimal interpretive guidance, Department of Education officials have referred educators to them as a reference point. For example, after showing two music videos to her class as part of a unit on the Harlem Renaissance, Alison O’Brien, a social studies teacher at Windham High School, was called into a meeting with her principal and informed that she was being investigated by the Department of Education in response to a parent’s complaint.

“Department of Education Investigator Richard Farrell recommended that Windham’s administrators consult Edelblut’s April 2022 opinion article to understand the context of the investigation against O’Brien, without otherwise explaining why O’Brien’s lesson warranted investigation. After witnessing her experience, O’Brien’s colleagues grew anxious about facing similar actions,” Barbadoro wrote.

What did she do wrong? She doesn’t know.

Edelblut, the state’s top education official, homeschooled his children. He was appointed by Governor Sununu. The governor likes to pretend he is a Republican moderate. Don’t be fooled.

Judge Barbadoro was appointed by President George H.W. Bush.

Open the link to finish reading the article.

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