Archives for category: Academic Freedom

Bruce Baker’s evaluation of education policy in Florida demonstrates that the state operates on the crazy theory that cutting funding is good, diverting funding from district schools to charters and vouchers is good, and underpaying teachers makes them better.

All of this makes no sense.

Read his report.

Here are his conclusions:

Several themes emerge from the analyses presented in this report.

First, regarding long term trends in Florida school funding, adequacy and efficiency:

• Florida schools have been squeezed by declining state aid since the early 2000s as the state has pursued its race to the bottom on taxpayer financing of public elementary and secondary schools.

• That squeeze has resulted in declining competitiveness of teacher wages over time and even more so, declining staffing ratios in schools increasing the workload on those that remain.

• Adjusted for labor costs over time, school spending per pupil in Florida and in Miami-Dade specifically, is less than it was 30 years ago.

• Florida school districts have responded by producing achievement levels beyond expectations given the resources they’ve been provided. Florida school districts are efficient when compared to school districts nationally, accounting for differences in costs.

• Still, because of the long slow reduction in effort, spending, staffing ratios and competitive wages, student outcomes in Florida have continued to decline, dropping among states and dropping in recent, post-COVID years as other states and the nation, on average, have begun to rebound.

• As the state has reduced its share of funding for public schooling, local districts have been forced to make up the difference with increased property taxes, to mitigate further damage to student outcomes by slowing the declining of competitive wages for teachers.

Second, regarding providing equal educational opportunity to all children in Florida:

Financing Florida’s Schools

• The state school finance system provides no discernable support to schools serving students with greater educational needs, outside of additional support for children with disabilities.

• The state’s charter school sector exacerbates inequality across student populations by operating within low-income neighborhoods, but serving far fewer children from low-income families, fewer children who are English learners and fewer children with disabilities.

• The state’s charter school sector also yields poor educational outcomes on state assessments when compared to traditional district schools or district magnet schools serving similar populations within the same district.

Finally, regarding spending for the greatest return on investment:

• The state has currently budgeted $3.8 billion dollars to be spent on students attending private schools, approximately 70% of which will likely be spent on children from higher income families who had not previously attended public district schools. That 70% of $3.8 billion would likely yield far greater return on investment and greater public benefit, based on existing research, if invested in public district schools in high poverty settings.

These findings lead to a clear set of policy recommendations. As shown in this report, the state has the economic capacity to pursue these recommendations. Even at the state’s own prior (2000s) education effort, funding for public schools would be 28% higher than it is presently. Add to that, more efficient allocation of funds currently being diverted to the school voucher program, and much of the state’s public education adequacy gap could be eliminated. As such, we propose the following recommendations:

Recommendation #1 – Phase 1: Engage in the work of setting a manageable standard of “high quality” public schooling for Florida’s children by engaging in analyses of the costs associated with providing each and every child in Florida with equal educational opportunity to achieve high education outcomes.

d. Establish a statewide commission on school funding.

e. Engage stakeholders in setting standards of excellence for Florida children.

f. Engage experts to estimate the costs associated with meeting those standards, applying appropriately rigorous methods.

Recommendation #1 – Phase 2: Guided by those estimates, reform the school finance formula and increase state aid to schools so as to provide them with the necessary resources for all children to have equal educational opportunity to achieve high education outcomes. That is, meet the constitutional standard ratified by Florida voters in 1998 and 2002. This should include estimates of commensurate funding for charter schools, based on needs and costs.

b. Take eliminating or reducing property taxes off the table. The most effective form of property tax relief is increased state aid, as would occur under implementation of this recommendation.

Recommendation 2 – Part 1: Impose a moratorium on charter school expansion, including the Schools of Hope Program. The existing charter school sector in Florida is compromising equity, eroding efficiency and producing poor educational outcomes for those it serves. New York’s Success Academies have no proven track record of serving children like those they’d be called upon to serve in Miami-Dade, having served very few English learners and underserving Latino communities in New York. Like Miami-Dade’s current charter sector, they have also underserved low-income populations and children with disabilities. Introduction of Success Academies in Miami-Dade will most likely exacerbate equity concerns that are already significant.

Recommendation 2 – Part 2: Establish new regulations for evaluating existing charter operators and vetting new charter operators to ensure improved equity in the distribution of students by their needs across schools. Adopt and enforce stricter regulations pertaining to student outcomes.

Recommendation 2 – Part 3: Adopt updated charter school legislation to ensure that charter schools are sufficiently “public,” required to operate as if “state actors,” protecting children’s constitutional rights and abiding by all relevant federal statutes.

Recommendation 3: Freeze expansion of the voucher program to free up state resources to support a fully funded, overhauled public school finance formula, to provide a uniform system of schools.

Come to Wellesley College to hear Dr. Yohuru Williams dissect and eviscerate the Trump administration’s attack on “diversity, equity, and inclusion.”

Such policies are meant to broaden opportunity. They take us closer to our professed goals of liberty and justice for all. Yet the Trump administration wants to abolish them. Civil rights protections have already been reversed, so that any effort to help students of color is treated as a violation of this administration’s hostility to DEI.

Yohuru Williams is a leading scholar and public intellectual who has often appeared on public television to expound on African American history. He is Distinguished University Chair and Professor of History and Founding Director of the Racial Justice Initiative at the University of St. Thomas in St. Paul, Minnesota. He is a wonderful speaker.

Join me on October 6 at Wellesley College.

Open to all. Free.

Yohuru Williams is speaking as part of the annual lecture series that I established several years ago.

The event will be live-streamed and available later online.

Come to hear Yohuru Williams dissect and eviscerate the Trump administration’s absurd attack on “diversity, equity, and inclusion.”

Such policies are meant to broaden opportunity. They take us closer to our professed goals of liberty and justice for all.

Yohuru Williams is a leading scholar and public intellectual who has often appeared on public television to expound on African American history. He is Distinguished University Chair and Professor of History and Founding Director of the Racial Justice Initiative at the University of St. Thomas in St. Paul, Minnesota.

Join me on October 6 at Wellesley College.

The event will not be livestresmed but will be available later online.

Nick Covington writes: “The War on WOKE was always a war on American values.”

Nick taught social studies in Iowa. He interviewed me on his podcast about my memoir, An Education.

Library of Congress Thomas Jefferson Building, Washington, D.C (Wikimedia Commons)
Books on brown wooden shelf. (Photo by Susan Q Yin on Unsplash)


Nick Covington
 is an Iowa parent who taught high school social studies for ten years.

The culture war battles we fight over our public schools are fundamentally disagreements about American values: what does it mean to be an American, and in whose image do we build our public schools?

“When Americans start fighting over their schools, you can be fairly sure of one thing: it probably isn’t really about school.”

— Jennifer Berkshire & Jack Schneider,

The Education Wars: A Citizen’s Guide and Defense Manual

From working as Assistant Secretary of Education in the George H.W. Bush administration to laying the foundation of the modern conservative education reform movement, Diane Ravitch—a one-time champion of No Child Left Behind—spent most of her life as a Republican with conservative values. The story of her life, as told in her 2025 memoir, is the story of the American Century. As today’s culture war on “wokeness” and “leftist indoctrination” targets diversity, equity, and inclusion in schools, Ravitch’s memoir makes a powerful case study for teaching these core American values.

Born in Houston in 1938, Diane recounts celebrating VJ Day with her family as a young child, surrounded by returning sailors and the pop of firecrackers. She learned to write with a quill pen and attended a segregated high school when the Supreme Court declared that unconstitutional in Brown v. Board of Education. The descendant of Polish Jews who came to America in the 1850s, Diane experienced a level of antisemitism and misogyny in her personal and professional life that by today’s standards would be galling (and illegal). She learned as an adult that the entire Jewish community where her grandfather was born was murdered in the Holocaust.

Ravitch’s interest in education didn’t begin until she began attending community meetings as the only white person in the room with parents in Harlem, New York who had felt shut out of the school district’s planning process. As a member of the Silent Generation, she made explicit demands of American wealth and greatness:

“Why shouldn’t all people in our rich society—regardless of their wealth or class or race or personal attributes—have a decent life, meaning health care, decent housing, good schools, food security, and physical safety?…I think these are preconditions for a good society.”

If Diane’s values were informed by a life lived in the greatness of the American Century, what made America great was the steady—and always imperfect—realization of those values in action. The New Deal aligned our immense national resources toward popular economic recovery from the depths of the Great Depression, even as jobs and housing programs discriminated against Black Americans. The GI Bill helped create a thriving post-war middle class by providing housing to millions of veterans and their families and sending millions more to college, even as Black veterans were segregated out of the nation’s suburbs and universities. 

As we underwent a decades-long civil rights revolution at home, the postwar world we rebuilt in our image was of an idealized United States that overcame a violent and prejudicial past to renew itself as a more diverse, pluralistic, multicultural, democratic, and egalitarian nation. 

E Pluribus Unum. Out of Many, One.

Uneven and flawed as it was, American prosperity did grow in proportion to our inclusivity: by expanding citizenship and voting rights, integrating and publicly supporting schools and universities, asserting our obligations to the elderly and those in poverty, and protecting the rights of marginalized groups. The American Dream became a shorthand for people who came here to start their lives over, even from countries victimized by U.S. foreign policy, knowing their best days were ahead of them. And as Americans watched the Times Square ball drop on the eve of Y2K, they were standing in the most powerful, prosperous, innovative, and culturally dominant nation in the history of the world.

Now, at age 87, Ravitch reflects on how conservative politics abandoned these core values and caused her to leave the Republican Party in the early 2000s, as they became increasingly dominated by self-serving corporations, wealthy donors, and religious interests. “To use current parlance, I went from being a staunch conservative to being ‘woke,’” she writes, adding, “I wear the label with pride. To me, it means that I awakened to the inequity and injustice that deprives millions of people of a good life, the life that everyone wants and deserves.”

In other words, by taking seriously the charge of our founding documents to become “a more perfect union”, taking up “the unfinished work” of the American experiment, and bending the moral arc of the universe toward justice over the course of the 20th century, Diane Ravitch—like America itself—became woke.

Our fights about schools are really battles over American values and what it means to be an American, and the War on Woke has always been a war on American values.


At the start of this midterm election year, Moms For Liberty hosted Iowa Republican gubernatorial candidates in a debate that focused largely on education. Candidates spent their time hammering“leftist indoctrination” in teacher education and classroom teaching, with one complaining about “downright evil” ideology pushed on students in reference to a book about a boy wearing a dress to school. Another called for the installation of the Ten Commandments as a way to put the “concept of God” back in schools. Zach Lahn, founder of the unaccredited private Wonder School and current Republican nominee for governor, offered the closest thing to a positive vision with a partisan twist arguing, “Public school is to promote civic virtue, to understand the principles of faith in our country and our culture.”

The trouble comes in whose answer we enshrine in law, turn into policy, and live in the public sphere through our public education system:

  • What kind of nation are we?
  • What is the role of public education—that is, the system of tuition-free common schools mandated in our state constitution, accessible to all students, and maintained by taxpayer dollars—in a nation like ours?
  • What subjects and practices will inform such a system?
  • Whose values will we train in the adults who teach our children?

Today’s Republican Party demands that we forget the hard-fought lessons of history and remove challenging perspectives, making easier for children to believe in nationalist mythology than the imperfect lived reality of people like Diane Ravitch. A closer look at their changing values and legislative agenda tells us exactly what today’s Republican Party means when they appeal to “civic virtue” and “principles of faith in our country and our culture” in education: in the guise of a war on “woke” diversity, equity, and inclusion, Republican policies are at war with the very materials that made America great.

In Iowa, this has manifested as de-facto book bans and banning so-called “specific defined concepts” from public school curriculum. In response to Iowa’s vague and punitive “age appropriate” school materials law in 2023, schools immediately removed more than 3,000 books. The most removed literary classics included Pulitzer Prize and National Book Award winners written by Nobel Prize laureates: The Handmaid’s Tale, The Bluest Eye, Beloved, I Know Why The Caged Bird Sings, Brave New World, and Slaughterhouse-Five among them.

These are perspectives that speak honestly about racial, sexual, and gendered abuse and violence, sometimes all at once, and inform a shared past that tolerated and protected it. They’re also some of the most acclaimed and influential works in American and English literature. It’s no accident that most of them are either written by Black authors, by women, or center the experiences of Black people in America.

Iowa Republicans have also banned so-called “specific defined concepts” from mandatory staff or student training. House File 802, in effect since July 2021, makes it a violation to conduct training that the United States and Iowa “are fundamentally or systemically racist or sexist,” that anyone “bears responsibility for actions committed in the past by other members of the same race or sex,” or that “meritocracy or traits such as a hard work ethic are racist or sexist.” One banned concept forbids including in mandatory training that any student “should feel discomfort, guilt, anguish, or any other form of psychological distress on account of that individual’s race or sex.”

Although the law states that it does not “Prohibit the use of curriculum that teaches the topics of sexism, slavery, racial oppression, racial segregation, or racial discrimination,” and does not “Prohibit discussing specific defined concepts as part of a larger course of academic instruction,” it was widely misunderstood to prohibit classroom teaching about those topics.

The impact of House File 802 has been a documented chilling effect and over-compliance owing to the vagueness of the law as written and interpreted. In one interview-based study, Iowa educators described themselves as surveilled, isolated, and self-censoring. The researchers reported that “the perceived lack of clarity and guidance on this law fueled concerns about their ability to be effective justice-oriented administrators and classroom teachers,” and that teacher candidates are afraid of unintentional violations of the law. 

These explicit bans on books and the implicit self-censoring of difficult curriculum leave our kids less prepared for the world outside of school, and outside of Iowa, and create a gap in our children’s public education that is ready to be filled by social media influencers, misinformation, and propaganda.


Public schools are the institution where American values are practiced and lived, not just taught, and where we build shared American identity. All of our fights about books, curriculum, and school choice programs are really arguments over whose answers to these questions we write into law and into the lives of children where the stakes become very real. Through intention or its absence, built by us or built for us, the very real and shared world we inhabit is built bit by bit each day.

The question isn’t whether we teach values in public schools—we always have and we always will. The question is whether we teach the values that actually made this country great: pluralism, inclusion, democratic participation, honest history, and the belief that every child deserves a free and appropriate public education.

“I was a patriot who never questioned my country and its leaders. My complacency was a reflection of my comfort and affluence; radicalism had no appeal to me. If I were to meet that version of myself today, we would have a vigorous argument over everything related to education, race, and politics, although I still abhor violence. Today I want change, demonstrable change that narrows the gap between rich and poor; that provides equal opportunity to all; and that ensures health care and good education as a matter of right, not income. I am still not a radical. I don’t want to overthrow the government. I want it to work on behalf of its ideals to benefit everyone.”

— Diane Ravitch,

An Education: How I Changed My Mind About Schools and Almost Everything Else

Tags: 2026 elections, Commentary, diversity, Education, IA-Gov, IA-Gov 2026, Iowa GOP, Iowa Politics, Zach Lahn

About the Author(s)

Nick Covington

We live in strange and dangerous times. For the first time in memory, maybe ever, the rule of law itself is under attack. Our Dear Leader has threatened judges who rule against his wishes. He and his lawless administration ignore decisions they don’t like. He installed a Supreme Court majority who were vetted by the far-right Federalist Society. That majority proceeded to overturn Roe v. Wade, despite their repeated pledges not to do so, and to gut the Voting Rights Act, terminating guarantees of equal rights for Black Americans.

At this time when the rule of law itself is disregarded by the President, who is himself ruled only by whim and self-aggrandizement, two retired judges expressed their concern in The Guardian.

Judge Michael P. Connelly and Judge Robert F. Orr wrote:

Last October, US lawyers, judges and rule-of-law advocates traveled to Warsaw as guests of the Carter Center. Neither of us was among them. But when our colleagues returned, their stories inspired us.

They told us about judges and lawyers across central Europe who had been surveilled, smeared, prosecuted and sometimes jailed for standing between political power and courts meant to remain independent.

And they kept going.

Poland’s example was especially compelling. When its government sought greater control over the judiciary, Polish judges put on their robes and marched through Warsaw. Judges from across Europe joined them in what became the March of 1,000 Robes.

Then they left their courthouses and traveled through towns and villages, explaining what an independent judiciary means to a farmer, shopkeeper, parent or business owner. They talked about law not as an abstraction, but as protection against arbitrary power.

They understood a truth Americans can no longer overlook: judicial independence cannot survive merely because judges believe in it. The public must understand why it matters.

That lesson brought us on to a bus.

Last month, shortly after the United States celebrated its 250th birthday, the Justice in Motion tour traveled from western Pennsylvania through Ohio and into Michigan. Thirty sitting and retired judges, lawyers and advocates handed out pocket constitutions, met students and asked a question Americans do not consider often enough: what does the rule of law mean in everyday life, and what happens when we take it for granted?

In Columbus, we did something neither of us imagined during our years on the bench. We put on our robes and marched from the federal courthouse toward the supreme court of Ohio, carrying purple flowers, an international symbol of judicial independence.

American judges do not ordinarily march in the streets. Nor should they. The judiciary derives much of its legitimacy from restraint. Judges do not campaign for particular outcomes or answer criticism with press conferences. They speak through their decisions. But these are no ordinary times.

And our Polish colleagues taught us that silence can carry its own risk.

Our march was not about Democrats or Republicans, nor about defending particular judges or decisions. It was about defending the system that allows legal disagreements to be resolved according to law rather than political power.

One of us was elected to the supreme court of Ohio as a Democrat. The other was elected to the supreme court of North Carolina as a Republican and is now an independent. Through two long careers, we have disagreed about plenty.

That is precisely the point.

The rule of law is not a partisan possession.

Both sides enter a courtroom with the right to be heard. Judges must apply the law to the facts without regard to which party is more powerful, popular or politically useful.

Sometimes judges get it wrong. That is why we have appellate courts. Sometimes courts issue decisions that elected officials or citizens strongly dislike. That is unavoidable in a constitutional democracy.

The answer is appeal, legislation where constitutionally permissible, or constitutional amendment. It cannot be intimidation, retaliation for unpopular rulings or the suggestion that compliance with lawful court orders is optional.

Once adherence to judicial decisions depends upon whether the politically powerful agree with them, we have left the rule of law behind.

In Wooster, Ohio, about 150 people gathered across from the historic courthouse. The discussion was not about red America or blue America. It was about ordinary life.

The rule of law is why you can deposit money in a bank and expect it to be there tomorrow. It is why contracts mean something, property can be protected and an individual citizen can enter a courthouse and challenge the government.

These protections seem ordinary only because generations before us built institutions strong enough to make them ordinary. When the rule of law works, it is almost invisible.

Judges are trained – rightly – to exercise restraint. During our years on the bench, we spoke through our rulings. That tradition is essential to maintaining confidence in an impartial judiciary.

But restraint should not be confused with silence about the survival of the institution itself.

When judges are threatened because of their rulings; when an adverse decision is answered not with an appeal but with demands for retaliation; when courts are judged legitimate only when they produce politically desired outcomes, those who understand the system have an obligation to explain what is being lost.

Our Polish friends understood this before we did. Their circumstances differ from ours, and comparisons should be made carefully. But the lesson travels well.

The rule of law does not defend itself. Neither does an independent judiciary. Constitutions are pieces of paper unless citizens and public officials possess the courage and habits necessary to honor them.

Four days on a bus will not persuade a nation. The purpose was more modest: to begin conversations, one community and one citizen at a time, about institutions Americans have been fortunate enough to take for granted.

That work belongs not only to judges and lawyers, but to all of us.

The rule of law is not something judges possess. It is something citizens inherit.

And every generation must decide whether to preserve it.

What’s giving us hope now

Justice Robert F Orr (retired): What gives me hope is the scope of individuals and groups now focusing and talking about the rule of law and the independence of our judiciary. Our bus trip had a great mix of backgrounds and experience both in the judges participating and meeting us at stops as well as the young people who amplified the message across various media platforms. It’s genuinely a national movement.

Justice Michael P Donnelly (retired): What gives me hope is the genuine appreciation we encountered during the bus tour for the role of an independent judiciary in protecting individual rights and civil liberties. The people we met understood that these freedoms, defended at great sacrifice throughout our history, cannot be taken for granted – and that each generation must be willing to stand up for them.

  • Michael P Donnelly is a retired justice of the supreme court of Ohio
  • Robert F Orr is a retired justice of the supreme court of North Carolina. Both participated in the Justice in Motion tour organized by the Democracy Rising Collaborative and Keep Our Republic

I remember, a time long ago, when Republicans believed in small government. Except for public health, they believed in allowing localities and states to make their own decisions.

Trump Republicans, however, believe in imposing their beliefs on everyone else . They use the power of the federal government to enforce their views.

We have seen this with the executive orders that Trump has signed, making programs in “diversity,equity, and inclusion” a reason to defund research grants at institutions of higher education. I can’t imagine President Eisenhower or President Bush (either of them) wielding that stick. And I haven’t forgotten that President Nixon initiated affirmative action, which the Trump administration considers illegal and “racist.”

Similarly, we have seen the Trump administration demanding tribute from law firms, major media, and universities, in exchange for freedom from federal harassment. It vigorously fought the right of women to control their own bodies. It demanded that transgender members of the military be fired, without regard to their years of service or commendations from superior officers.

Julian Vasquez examines the latest Trump administration effort to coerce universities to accept the Trump agenda.

He writes:

When the Trump administration issued its February 2025 Dear Colleague letter attacking diversity, equity, and inclusion in education, I responded nationally on Democracy Now! I warned that higher education had not faced political interference this serious since McCarthyism and asked whether universities would “surrender or resist.”

That Dear Colleague letter went down in flames. Federal courts blocked the directive, finding serious constitutional and procedural problems. In August 2025, a federal court vacated both the letter and its associated certification requirement. The administration eventually abandoned its appeal. Now the Trump administration is trying again.

On August 3, 2026, Secretary of Education Linda McMahon issued “A National Call to Action to University Presidents and Governing Boards.” It calls on every college and university to publish a statement by the end of 2026 explaining how it will address admissions, faculty hiring, academic viewpoints, grading, artificial intelligence, foreign influence, research, affordability, and national priorities.

This letter is more carefully written than its failed Dear Colleague predecessor. It does not explicitly threaten universities with the loss of federal funding. It presents itself as an invitation to restore public trust and even acknowledges that there is “no single template for academic excellence.”

But universities should recognize the pattern. When the courts stop one attempt at political control, the administration repackages the same objective and returns through another channel. Expect more legal battles. If the administration tries to transform this ostensibly voluntary letter into funding conditions, investigations, accreditation pressure, or binding institutional obligations, expect it to lose again.

Red States Will Likely Embrace the Letter

In Republican-controlled states, many governing boards and university presidents will likely treat McMahon’s letter as federal permission to intensify attacks on faculty work, tenure, diversity programs, student expression, and academic freedom.

The letter gives presidents and boards a ready-made list of questions. Are academic departments sufficiently “pluralistic”? Are faculty hiring and evaluation practices considering the “right” perspectives? Is research sufficiently aligned with the “national interest”? Are universities placing American priorities ahead of global commitments? These questions sound reasonable until politicians begin supplying the answers.

A board, president, provost, or dean that wants to target a professor, academic department, research center, or student organization can now point to the secretary of education and claim that Washington has demanded action. The letter could become a pretext for investigations, curriculum reviews, program closures, hiring interference, and ideological screening. It does not create those powers. But it may embolden political officials to exercise powers they do not legally possess.

In blue states, many university presidents and boards will probably roll their eyes. They will recognize the document as political theater written by officials with limited understanding of university teaching, research, and shared governance. But they cannot safely dismiss it. The Trump administration has already demonstrated its willingness to use federal funding to reward allies and punish perceived opponents.

Political Retaliation Is Not Hypothetical

The administration acknowledged in court that it canceled approximately $7.6 billion in grants based on whether the affected states voted for Donald Trump in 2024. The canceled projects were concentrated in 16 states that supported Kamala Harris. A federal judge concluded that the politically selective cancellations violated constitutional equal-protection requirements. The Associated Press reported on the ruling.

That episode should concern every university president. If an administration will cancel billions of dollars in congressionally authorized grants based on how a state voted, universities must consider whether this new letter identifies the new political tests that could later determine which institutions receive grants, face investigations, or become targets of federal enforcement.

This is more of the same. Political loyalty is being substituted for neutral governance for all. Red-state institutions may be rewarded for adopting the administration’s agenda. Blue-state institutions may be punished for resisting it. In both cases, federal power becomes an illegal tool for encouraging political conformity.

Please open the link, which shows that Secretary of Education Linda McMahon may well be the least qualified person to serve as Secretary of Education.

Yet, here they are, Trump and McMahon, trying to use their political leverage to reshape higher education.

They are not Republicans. They are not libertarians. They are authoritarians.

This is one of Randi Weingarten’s best speeches. She delivered it at the 2026 Convention of the American federation of Teachers on July 26 in Washington, D.C.

Not only does she identify income inequality as a dire threat to our democracy, she speaks one of the greatest lines I have ever read:

Mr. President, you don’t own July Fourth. You own Jan. 6.

Randi points out that the dramatic income inequality of our times is destroying the middle class. Unions build a strong middle class. The large increase in the number of billionaires is it a sign of a healthy society; it is a sign of gross inequality.

As more people slip out of the middle class or hang on by their fingertips, our social problems get worse.

How do we restore a thriving middle class? Encourage the growth of strong unions.

She reminds us that today only 1 of every 10 workers belongs to a union. Union workers are paid more, significantly more, than non-union workers. In mid-century America, when 1 in 3 American workers were in a union, we had the largest middle class and the lowest income inequality. And she says, “That’s why, in the long term, growing the union movement is key to solving America’s affordability crisis.”

Rightwingers have done their best to eviscerate unions. And they have won significant victories in the courts.

But, despite the obstacles, the AFT is growing. It now has the largest number of members in its history: 1.875 million members. Al Shanker and Sandy Feldman would be proud of that accomplishment.

Unions are key to a better life.

Randi said in her address:

We plan our conventions years in advance. When we decided to hold this convention in our nation’s capital, to coincide with the celebration of America’s founding 250 years ago, who would have thought that the grievances that led to the American Revolution would be so relevant and relatable today? Or that America would have a new kind of aristocracy based on mind-blowing wealth? 

In the United States, there are now 1,000 billionaires—and the world’s first trillionaire—at a time when nearly half of American households—46 percent—don’t earn enough to make ends meet. 

This wealth imbalance—the top 1 percent having as much wealth as the entire bottom 90 percent of Americans combined—has led to a power imbalance that affects the lives of everyone in our country. These oligarchs influence policy. They have the power to undo social progress. To sway financial markets, monopolize the media, buy elections and undermine democracy.

In an earlier period of extreme wealth inequality, the country elected Franklin D. Roosevelt, and his New Deal programs lifted millions of Americans out of poverty.

This time, the country elected Donald Trump, and well … 

Remember that warning—about the barbarians at the gate? Well, the barbarians aren’t at the gate, they are inside, including at the highest levels of government. 

The president and his cronies are abusing government powers to punish political opponents. Every day they find new ways to attack voting, presumably to entrench themselves. Their war on working-class Americans includes stripping collective bargaining rights from 1 million federal workers, including members of our union, in the biggest act of union-busting in U.S. history. All while engaging in the most blatant corruption in modern American history to enrich themselves. 

The attacks—on unions, on working people, on public education, on higher education, on the public good, on democracy—didn’t start with Trump. They’ve been decades in the making, going back to the 1971 memo by future Supreme Court Justice Lewis Powell that successfully plotted corporate dominance in American politics. And the Supreme Court’s 2010 Citizens United decision that fueled the massive surge of “dark money” in elections—which has now been supercharged by the court’s ruling last month that blew up whatever campaign finance limits were left. And its 2018 Janus decision that anti-union forces hoped would drive a stake through the heart of public sector unions. Project 2025 became the playbook to enact this extremist agenda. This year’s Callais decision not only gutted what remained of the 1965 Voting Rights Act but did so in time to affect the 2026 elections. Then there’s the bare-knuckled crusade to destroy public education and higher education. Just look at Christopher Rufo’s tweets, or his unabashed declaration years ago that “To get to universal school choice, you really need to operate from a premise of universal public school distrust.”

And I haven’t even gotten to Big Tech and artificial intelligence.

Yes, the other side has enormous power. But this is what they don’t have: the power of the people. 

That’s not a mere slogan; it’s the potential to work together, to bargain together, to protest together, to vote together, to act together to bring about change—real, lasting, life-improving change. That is the power and potential of our movement and of the AFT.

Our union stands at the intersection of the ways that regular people gain and exercise power in our democracy—through public education, unions and voting. 

The skills and knowledge people secure through public and higher education expand opportunity—that’s power. Union contracts improve economic well-being—that’s power. Elections—voting for people who answer to their constituents, not wealthy donors—that’s power. 

It’s power not just for ourselves, but for our students, our patients and our communities. Power to build what Martin Luther King Jr. called the “beloved community”—an America where hate has no home. Where the trans nurse, the Palestinian teacher, the Jewish student, and every person regardless of race, religion, ethnicity, gender or place of origin, feels welcome, safe and valued.

We use our power for good—against chaos, cruelty and corruption. We care, we fight and we show up—for a better life for all. Oh, and one more thing: We get shit done! 

We are a fighting union. To quote the president of Texas AFT, Zeph Capo, “Our members will forgive us if we fight and lose, but they’ll never forgive us if we don’t even fight.” 

Look at what we have fought for, and won, in these last two years—despite constant challenges.

Through the AFT’s student debt clinics and our other activism, we have helped more than 1 million borrowers, many of them our members, get $78 billion in student debt forgiven! That is life-changing; people can start a family, buy a home, save for retirement. 

The AFT has filed more than 25 lawsuits against the illegal actions of the Trump administration. If I talked about all of them, I would blow everyone’s bets on the length of the speech. So here are just a few: The Trump administration tried to stop any school—pre-K through college—from doing anything that could be construed as advancing diversity, equity and inclusion, essentially erasing 60 years of civil rights law. And it sought to condition all federal funding for schools on compliance with its dictates. We sued, and we won. We challenged the administration’s policies to detain and deport noncitizen students and faculty for participating in protected political speech. Again, we won. We sued to stop the administration from stripping federal funding from universities and to stop its efforts to control curriculum, hiring and speech. You guessed it—we won.

And then there’s the collective bargaining victories. Like for better wages—from Boston to Kansas City, from Chicago to Los Angeles and so many more. That’s the union difference: Union workers’ wages are 11 percent higher than nonunion workers. Unionized teachers earn 24 percent more in states with collective bargaining, and education support professionals earn 13 percent more.

And as we speak, the city council in New York City is voting to provide every United Federation of Teachers-represented paraprofessional a $10,000 “Respect Check” that the union has relentlessly fought for. 

Life is better with a union.

It goes beyond wages. Take the United Educators of San Francisco, whose successful strike this year led to winning premium-free healthcare not only for members but for their families. 

And paid parental leave. Kudos to our affiliates in Boston, Chicago, Cleveland, Fairfax County (Va.), New York City and Oregon for making great strides to help families thrive. 

And safe staffing. The UFT has had some incredible wins through arbitration. And in New Jersey, our healthcare union, Health Professionals and Allied Employees, has negotiated 14 contracts in a row with enforceable safe-staffing provisions. And now one of our newest affiliates, Hawaii Nurses and Healthcare Professionals, has created a broad coalition to do the same. 

And we have a sacrosanct commitment to retirement security. After a generation-long battle, we won passage of the Social Security Fairness Act that gave millions of public workers the full benefits they had earned but been denied. Our New York unions made great progress this year to fix Tier 6; now younger workers who had inferior pensions can retire in their late 50s. And AFT Massachusetts, AFT Pennsylvania and our Alaska affiliates are making progress on retirement security as well. 

There’s also what we have fended off. The Philadelphia Federation of Teachers reached an agreement to stop the cuts of 340 school-based positions for the coming school year. In Utah, a labor coalition including AFT Utah gathered more than 250,000 signatures and got the Legislature to repeal a ban on public sector bargaining. AFT New Hampshire has a mean game of whack-a-mole—defeating right-to-work, school vouchers and campus carry legislation, and successfully challenging a law that restricted teachers’ rights to teach and students’ access to honest history. In New York, our unions—United University Professions and the Public Employees Federation—and a broad community coalition successfully fought to keep SUNY Downstate hospital open after years of threatened closure, and they secured $1.1 billion to upgrade and expand facilities and services. 

These are fights we’ll have to keep waging. The Republicans’ Big Ugly Bill cuts $1 trillion in Medicaid, makes the largest cuts to nutrition assistance in history, triples the cost of student debt for tens of millions of Americans, and threatens hundreds of rural hospitals with closure—all to give $1 trillion in new tax cuts to the richest 1 percent. State and local budgets are seeing the strain. We’ll keep fighting, school district by school district and hospital by hospital. 

Then there is artificial intelligence—the most seismic industrial revolution of our time. From UUP in New York to the University Professionals of Illinois, we’ve won strong contract language so AI won’t be used to take our jobs, replace our professional judgment, or evaluate or discipline us.

And density matters: Like New York State United Teachers in education, Oregon’s density in healthcare is making a difference. The Oregon Federation of Nurses and Health Professionals secured the largest raises in its history—nearly 35 percent over four years for registered nurses. And OFNHP and HNHP in Hawaii have aligned all their contract expiration dates for the next Kaiser battle. 

And then there is the protection of our students, our patients and our neighbors from brutal immigration tactics, like the recent fatal shootings by ICE agents in Texas and Maine of two men who should be alive today. Healthcare locals in Oregon won legislation to protect healthcare facilities from immigration enforcement. Educators across the country have fought for their students’ release from U.S. Immigration and Customs Enforcement detention centers. Our Twin Cities union family peacefully and courageously stood up to the occupation and harsh immigration enforcement that led to the killing of Renee Good and Alex Pretti and terrified thousands of immigrant families. We were there with mutual aid—food, diapers, rent money, books, toys and safe passage for children to and from school. 

The AFT is always at the ready to help—like with our program for states and locals in crisis. Right now, we are helping our members in Florida, who are in the bull’s-eye of anti-union attacks intended to wipe them out. Let me be clear: We are with you every step of the way. And we’re investing in our affiliates through our MOVE grants, which affiliates are using as fuel to engage members, connect with community and strengthen their power. 

This is what the power of the people looks like: caring, fighting, showing up and getting shit done. 

This administration is waging a war on knowledge, from school voucher schemes, to erasing rather than facing history, to selling the Department of Education off for parts, to its all-out assault on higher education. Here, too, we’re not just fighting back; we’re putting forward big ideas. 

The AFT and the American Association of University Professors have launched a national higher education campaign. We’re fighting to keep vital research funded and against attacks on academic freedom. We won collective bargaining rights for higher education employees in Maryland and made strides toward free college in Connecticut and Pennsylvania. In April, the AFT and AAUP released “A Blueprint for Strengthening and Transforming Higher Education”—and we launched it in Texas, because that is ground zero in the attacks on critical thinking. 

Through AFT Healthcare’s Code Red campaign, we’re working to secure safe staffing limits, enforceable workplace-violence standards, and contracts that help recruit and retain frontline caregivers. That’s good for patients and for healthcare workers.

And on AI, we have a multifaceted plan: from limiting screens and child-facing AI for young students, to a tech tax to hold tech companies accountable for the massive disruptions their products are creating, to contract language, to our National Academy for AI Instruction to help educators master AI so AI doesn’t master us. AI is not going away, so we’re going to fight for the protections that matter to our members, our families and our communities.

And of course, we give out books, 11 million and counting, to children and families through our Reading Opens the World program.

All this is why the AFT is bigger, badder and more big-hearted than ever.

The AFT is the fastest-growing union in the AFL-CIO. Since our last convention, we have organized 173 more units, with close to 60,000 new members in these new locals. New affiliations have deepened our work in states like Hawaii, Michigan, North Carolina and Pennsylvania. And many existing locals have grown as well. 

I am thrilled to announce that, despite everything that’s been thrown at us, we have hit a historic milestone: We proudly represent more members than ever before. Today the AFT is 1.875 million members strong! 

People see the value of belonging. They see that we’re a fighting union—and that we get shit done! It’s amazing. You are amazing. And we are not going to let up. Too few people have the benefit of a union. 

Half of all nonunion workers want to join a union, but only 1 in 10 workers in the U.S. belongs to a union. Americans are 14 times more likely to have an Amazon Prime membership than to be a member of a labor union.

In the mid-20th century, when 1 in 3 American workers were in a union, we had the largest middle class and the lowest income inequality. That’s why, in the long term, growing the union movement is key to solving America’s affordability crisis. 

But what do we do now? We’ve got to win elections. And here’s why. 

As I said, 46 percent of households—55 percent of households of color—did not earn enough to make ends meet in 2024. And inflation has soared since then. That means there’s not enough to put food on the table, gas in the tank and still cover rent. It means constant stress and struggle. 

Our members see it every day in the people they teach, heal and protect. 

And our members feel it.

This winter we surveyed AFT members about the financial issues that keep them up at night, and 7,500 responded. Nearly three-quarters report living paycheck to paycheck, and more than a third say they are unable to cover all of their monthly bills.

There are few things worse than the fear of not being able to provide for your family. Reading our members’ responses took me back to my teenage years when my father was laid off. I remember my parents whispering about which bills they had to pay now and which they could hold off on until he found work. They tried to protect my sister and me from knowing, but there’s no hiding anxiety that deep. 

Millions of Americans believed Trump’s promises to end inflation and make America affordable again on “day one.” It’s “day 542” since he took office. Is anybody paying under $2 a gallon for gas like he promised? What happened to the “DOGE dividend checks”? Or your tariff rebate check? After they got rid of the Obamacare tax credits, have they fixed healthcare? 

Trump isn’t worried about being able to afford healthcare, housing or anything else. Since returning to the White House, he has raked in more than $2.2 billion, through what government watchdogs call unprecedented corruption and self-dealing. 

The president has called the affordability crisis “bullshit.” And he has said, “I don’t think about Americans’ financial situation.” But he has made it worse.

Trump’s tariffs sent the strong economy he inherited into a slump, even with an AI bubble. His trade wars are costing American families $1,000 more every year. He started a costly war against Iran that has left us worse off than when it started. Trump said taxpayers wouldn’t pay “one dime” for his ballroom, but it turns out we’re on the hook for hundreds of millions of dollars. 

We’re not holding our breath for the president to deliver on his promises to lower costs. We’re fighting for economic security and to put more money in our members’ pockets—like the 1 million borrowers we’ve helped get Public Service Loan Forgiveness relief. Our Fight for Affordability builds on that work, with resources to help navigate medical and credit card debt and on other support people are legally entitled to but may not know about. 

And we are working with allies in Congress on bold solutions, like increasing the minimum wage to $25 and passing the Working Americans’ Tax Cut Act, which would exempt 104 million lower-income adults from federal taxes—paid for by millionaires paying a fairer share. We’re pushing for increased funding for public schools and colleges. We’re fighting back against the draconian cuts to Medicaid and to rural hospitals. Millions of children risk going hungry because of the heartless changes to the Supplemental Nutrition Assistance Program in the Big Ugly Bill; we are fighting for every single one of them. 

But we need majorities in statehouses and in Congress this year, and ultimately the White House, to secure the foundational changes we seek.

Threats to Democracy

We face another grave danger: dire threats to democracy. I know, some of you are thinking, here she goes. But really, when is the erosion so much that we can’t get our freedoms back? 

I remember the scoffing when terms like “authoritarian” were first used. And I have been asked repeatedly about why I used the term “fascist” in the book I wrote, Why Fascists Fear Teachers. 

Unfortunately, the answer is clearer every day. 

I don’t actually care what you call it, but I care very much about what Trump is doing. He is weaponizing the justice system to target political opponents, journalists and dissenters. He is sending armed forces trained for war to police American cities, especially to Democrat- and Black-led cities. He is using the presidency for his own benefit and to enrich himself and his family. He is trying to obstruct free and fair elections to maintain power. 

Donald Trump keeps trying to overturn the results of the 2020 election. He urged on the Jan. 6 rioters and pardoned even those who brutally attacked officers bravely protecting the Capitol. 

He is aggressively testing the legal and constitutional limits of presidential power. 

Then there are the lies. It started with crowd size but now he lies about everything—about election results, the economy, his critics, the war in Iran. Even the botched paint job on the Reflecting Pool. 

And sadly, instead of uniting the country to celebrate the great American experiment of democracy, what did Trump do for the 250th? He held what he described as “the most spectacular TRUMP RALLY of them all.” 

Mr. President, you don’t own July Fourth. You own Jan. 6.

I speak and write about democracy a lot because education is vital to understanding, and understanding is vital to acting. If we don’t heed the warnings from the generals who worked for Trump in his first term; if we don’t recognize the hallmarks of authoritarianism—fear, division, isolation and apathy; if we don’t learn the lessons of tyrants, how do we the people have the shared understanding and the urgency to organize and mobilize for democracy to work for working people. 

As I wrote last year, fascists fear teachers because they fear a well-educated citizenry. They fear what educators do—the teaching of critical thinking, of honest history, of pluralism—because their brand of greed, power and privilege cannot survive in a democracy of diverse, educated citizens. We see it in the book bans. In the attacks on DEI. In the efforts to control what schools and universities can and cannot teach. And in the attempts to rewrite and whitewash history. 

To be clear: Fascists don’t just fear teachers—they fear, loath and try to silence all of us who stand up for democracy, dignity, fairness and opportunity for all. 

And stand up we must. 

Americans are losing faith in democracy. Seven in 10 U.S. adults say they are dissatisfied with the way democracy is working in the country. Young Americans in particular feel the country is on the wrong track. 

I understand the disappointment. But we cannot give up on democracy. Winston Churchill was right when he said in 1947, “Democracy is the worst form of government except for all those other forms that have been tried.”

But we must improve it. As John Dewey said, “Democracy has to be born anew every generation, and education is its midwife.”

Look at where democracy is being born anew: In Hungary, where this spring 80 percent of voters turned out to reject Viktor Orbán’s far-right agenda, ending his 16-year grip on power. In South Korea, where labor unions spearheaded mass protests and nationwide “strikes to defend democracy” after the president declared martial law. And here at home, at May Day and “No Kings” protests in small towns, suburbs and cities across America, where millions of people turned out to say we will not stand by while democracy is dismantled. 

We are not helpless to change what is wrong. We can build a better future and a stronger democracy. But that requires winning in November. 

Elections

As big and bad and big-hearted as we are, neither bargaining nor bullhorns alone will get us out of these treacherous times. 

To get a working-class tax cut, to pass living-wage legislation, to get limitless money out of politics, to fix the healthcare system, to strengthen education, and to restore vital safety net and climate programs, we have to win majorities in 2026 and the White House in 2028. We have to elect people who support working people, leaders with real plans to make life better. 

Strengthening public schools and stopping the reckless runaway train that private school vouchers are becoming should not be a partisan issue. Ensuring everyone who works can earn a living wage should not be a political issue. Fighting so everyone has access to high-quality, affordable healthcare should be a human priority, not one party’s priority. Shoring up Social Security to keep seniors out of destitution should have universal support. Addressing the climate crisis that threatens all humanity should unify all humanity.

Perhaps one day these issues will be bipartisan. 

But sadly, the reality is that since Trump’s first term, Republican officeholders’ support for our priority issues averaged just 8 percent, while Democrats averaged 95 percent. Do I wish that was different? Of course. And do I wish Democrats were bolder? I do. But Republican leaders don’t even seem to want to try. 

This election will decide whether we are a country governed by the people or ruled by the powerful. A country of opportunity or oligarchy. A country whose people live in freedom or in fear. 

Do we want a future where billionaires and a trillionaire continue to grow their wealth at the expense of working people? Or one where working people earn a decent wage, support their families and take a vacation once in a while? 

Do we want a future in which classrooms lack resources and life-changing research is abandoned? Or one in which we can nurture the potential of every student and continue to lead the world in bold discoveries? 

Do we want a future where big healthcare corporations put profits over people? Or one in which every person—every person—has access to healthcare, and healthcare professionals have the resources, staffing and power to help their patients? 

Do we want a future ruled by tech bros and robots? Or a future grounded in dignity and humanity? 

Do we want a future in which elections are rigged to maintain one-party control and government is for sale to the highest bidder? Or one in which every person’s vote matters and government serves the people? 

That’s what’s at stake in November 2026. And the future we want is within reach. We can win majorities in the House and in the Senate and in state capitals. Majorities who will act on our priorities. 

But only if we vote, get others out to vote, and protect the vote. That’s why we are committing to our most ambitious election program ever.

Here’s the math: 1.3 million AFT members and their families live in a place where there is a competitive race in November. 600,000 of us are in battleground gubernatorial states. 464,000 live in the states with the seven top U.S. Senate battleground races. We need to flip four seats to win a Senate majority that works for working folks. And we have more than 1,000 members and voting family members in 86 critical, competitive congressional districts. We only need a net gain of three seats to win a working folks’ majority in the U.S. House. Can we do it?

With the AFL-CIO, we have a goal of reaching 2 million new voters. That means the AFT has to turn out about 200,000 more householders than in the last election. That means we need 28,000 volunteers to make calls, knock on doors and get out the vote—28,000 out of 1.875 million. Can we do it?

And it’s not just about getting out the vote in this election but also about protecting the vote. That’s why we are launching a new Democracy Defenders election protection program. We are recruiting 5,000 members to make sure that people can exercise their right to vote free from intimidation. Our Democracy Defenders will be part of the 50,000 people the AFL-CIO is recruiting for this critical work. Can we do it? 

People power can win, but we need to be all in, and that means we need you to be all in. No one can do everything, but each of us can do something to win in November and achieve the better future we fight for. 

So are we going to vote? Are we going to get out the vote? Are we going to protect the vote? 

Conclusion

That’s the energy and commitment we need to achieve the America we dream of: An America where everyone has opportunity and economic security. An America where everyone’s dignity and freedoms are respected. An America whose democracy not only endures but finally lives up to its noble ideals. 

I’ve spoken often this year about Martin Luther King Jr.’s final book, Where Do We Go from Here: Chaos or Community? Since January 2025, we have experienced a lot of chaos, fear and division. 

Lately, I find myself drawn to another piece of King’s wisdom—that the “arc of the moral universe is long, but it bends toward justice.” I still believe that, and I hope you do too. 

But the arc doesn’t bend on its own. It bends toward freedom and opportunity through the work you do every day making a difference in people’s lives—in classrooms, at the bedside, in our communities. You bend the arc. Unions bend the arc. Voting bends the arc. The power of the people bends the arc toward justice.

On this 250th anniversary of our nation, that is our responsibility. That is what I am asking you to do, what I am asking us to do—this bigger, badder, big-hearted union and our 1.875 million members. 

And when we do, when we bend that arc, we will change the trajectory of our nation and secure a better future for all, from sea to shining sea. Thank you. 

Watch the full speech

https://www.aft.org/media/oembed?url=https%3A//youtu.be/oIASmJ3ZO70&max_width=0&max_height=0&hash=Sadl1eN7tbOr37C7SenWNH-Hx34YmVOAuIc7CHYyQyQ

Federal courts are overturning bans that tell college professors what they are not allowed to teach. And more campuses are taking a stand.

At the Texas Tech University system, the American Association of University Professors and its Texas affiliate are the latest to do so.

The Dallas Morning News reported:

Two faculty groups filed a federal lawsuit Wednesday to block the Texas Tech University System from implementing its policies on how professors can discuss race, gender and sexual orientation in the classroom.

The suit, which marks a major legal challenge against a Texas university system over increased restrictions on what can be taught, focuses on two memos issued by Texas Tech Chancellor Brandon Creighton in the last academic year.

One memo, sent in December, banned content that advocates for one race or sex as “inherently superior to another” and prohibited faculty from teaching that there are more than two sexes. The second memo, sent in April, ordered universities to cut all academic degrees “centered on” sexual orientation and gender identity.

The two groups, the national American Association of University Professors and its Texas chapter, argue Creighton’s policies violate their First and Fourteenth Amendment rights.

Who is named 

The lawsuit names Creighton, a former Republican lawmaker, as a defendant, as well as the nine members of the system’s Board of Regents. Representatives from the Texas Tech University System did not immediately respond to a request for comment.

“This case presents an extraordinary system of censorship in higher education,” the suit reads, “in which professors in the Texas Tech University System are prohibited from teaching the most basic scholarship, while at the same time not fully comprehending the contours of prohibitions that place them under threat of losing their employment and livelihood.”

The groups in the lawsuit say the system’s policies “suppress” professors’ constitutionally protected speech and “obscure documented history, facts and theories.”

In one instance, a law professor was blocked from teaching information about race related to the landmark Supreme Court case Dred Scott v. Sandford, which ruled that Black people were not U.S. citizens, according to the filing. The lawsuit against Texas Tech also says that medical faculty have been instructed to remove content about treating transgender patients and racial minorities. Professors are not named in the filing.

Allegations 

The lawsuit argues that Creighton’s policies violate professors’ Fourteenth Amendment rights to due process because its language is “so vague and ambiguous” that they are “unable to discern what is, and is not, permissible.” That ambiguity, the filing says, has led to a chilling of speech.

In a stunning victory for the First Amendent’s guarantee of free speech, a federal appeals court overturned Florida Governor Ron DeSantis’s “Stop WOKE” act. A district court judge had previously issued a preliminary injunction on the law, calling it “positively dystopian.”

The state contended that it paid the professors’ salaries and had the authority to tell them what to teach. The appeals court decision disagreed, by a 2-1 vote. The dissenting judge–Barbara Lagoa– was appointed by Trump.

The opinion said:

“Florida’s salary-for-speech rule is a breathtaking assertion of power to ban unpopular ideas from public discourse in the very places the state’s own statutes recognize as centers of inquiry — classrooms where students are trusted to puzzle through ideas that are good and bad, easy and hard, ideally getting ever closer to the truth,”

The dissenting judge wrote:

“We need not agree or disagree with Florida that the viewpoints at issue here constitute racial discrimination,” Lagoa wrote. “We need only acknowledge that the state is allowed to decide what is endorsed by its professors in its own classrooms.”

The American Civil Liberties Union announced:

TALLAHASSEE, FL – The U.S. Court of Appeals for the 11th Circuit today struck down the higher education provisions of the Stop W.O.K.E. Act, a classroom censorship law in Florida that severely restricted educators from teaching about race and gender in schools and workplaces. The court ruled the higher education provision of the law was unconstitutional, saying: “Florida’s salary-for-speech rule is a breathtaking assertion of power to ban unpopular ideas from public discourse in the very places the State’s own statutes recognize as centers of inquiry—classrooms where students are trusted to puzzle through ideas that are good and bad, easy and hard, ideally getting ever closer to the truth.”

The court goes on to say it does not matter if the State of Florida agrees or disagrees with the ideas. “Either way, in this context the First Amendment trusts students to figure it out for themselves.”

“This ruling sets a strong precedent that higher education cannot be limited to the whims of politicians,” said Leah Watson, senior staff attorney with the ACLU’s Racial Justice Program. “All students and educators deserve to have a free and open exchange about ideas without government control. Students can’t fight racial discrimination that they don’t see; training and instruction is key to empowering future leaders to pursue racial justice.”

The decision comes in Pernell v. Lamb, a 2022 lawsuit filed by the American Civil Liberties Union, ACLU of Florida, the Legal Defense Fund (LDF), and the law firm Ballard Spahr on behalf of a group of Florida professors at public universities whose teaching has been impacted by this law.

“We are thrilled the court has stopped the erasure of topics that have real implications for our students, allowing them to learn, discuss, and develop tools for combatting the complex issue of racism in our country without being gagged by those who would dictate that only state-approved thought may be promoted,” said LeRoy Pernell, a Florida A&M University College of Law professor and the named plaintiff in this lawsuit.

Championed by Gov. Ron DeSantis, this overreaching law specifically targeted and placed vague restrictions on educators’ ability to teach concepts such as racism, sexism, privilege, and unconscious bias. It also imposed harsh penalties, including ineligibility for millions of dollars in performance funding from the state for colleges and universities and termination for educators who had been found to violate the law.

The court concluded, “[i]f the First Amendment offers any boundary of protection at all for public university classrooms, this statute crosses it.”

“The Stop W.O.K.E Act is an egregious example of widespread efforts across the country, most notably in Florida, to force the public higher education system to adopt the viewpoints of those in power. Thankfully, we have a judicial system to protect First Amendment rights and ensure that professors have the academic freedom to foster the type of learning environment where all students can learn and thrive,” said Jin Hee Lee, Director of Strategic Initiatives at the Legal Defense Fund. “It is no coincidence that this state law aimed to censor the perspectives of Black people and LGBTQ+ people, the very same people who are currently under attack. With this decision, the federal appeals court has made clear that Florida cannot actively erase their history of discrimination or their lived experiences without running afoul of our Constitution.”

This decision marked the first time an appellate court has considered the constitutionality of this censorship movement, and it will have implications for students and educators across the country who are subject to related laws. Since the Stop W.O.K.E Act went into effect, more than 30 states have moved to introduce and pass higher education classroom censorship bills. In May 2024, a federal court struck down a law in another ACLU lawsuit in New Hampshire, holding that the law’s vagueness violated the 14th Amendment. A similar higher education classroom censorship law was struck down in an ACLU lawsuit in Oklahoma, ruling that many of its provisions were so vague that it was difficult for teachers to know what they could and could not teach in the classroom.

“By upholding the district court’s ruling, the Eleventh Circuit ensured that our system of higher education is guided by the principle of free speech, not government censorship,” said Carrie McNamara, senior staff attorney at the ACLU of Florida. “Our classrooms are meant to be rooms of curiosity, creativity, and learning. When we stifle this kind of critical thinking, we risk losing our education system as we know it.”

“The recent legislative efforts to undermine academic freedom and limit the rights of marginalized communities are incredibly harmful,” said Emmy Parsons, a litigator at Ballard Spahr who was a member of the legal team. “We are proud to be part of this historic case and will keep fighting to protect the First Amendment rights of those teaching the next generation of leaders.” 

The opinion can be viewed below.

Documents


Jul 7, 2026

Pernell v. Lamb – Court Order

An anthropology professor at the University of Tennessee-Knoxville wrote a comment on her private Facebook page after Charlie Kirk was murdered. She was not sorry. Her post was forwarded to university officials, and she was fired.

She sued and said that the University had punished her for exercising her First Amendment rights. She won in court and was awarded $1.9 million. She did not get her job back. The university board approved the settlement. It must now be approved by the Governor and Attorney General.

The Washington Post reported:

The University of Tennessee at Knoxville reached a $1.9 million settlement with a former professor who was fired after she criticized slain conservative activist Charlie Kirk.


Tamar Shirinian, who had been an anthropology professor at the university, sued the university’s chancellor, the state university system president and the faculty senate president, claiming that the school violated her constitutional rights by retaliating against her. Her lawsuit said her speech was protected by the First Amendment.

The settlement, which was approved Monday night in a meeting of the University of Tennessee Board of Trustees Audit and Compliance Committee, does not restore her faculty position. Some other people have prevailed in similar First Amendment cases.

A Reuters investigation found that more than 600 people were “suspended, fired, disciplined or investigated in a sweeping backlash.”

Shirinian wrote a very uncharitable comment on her Facebook page, assuming that it would be read by her circle of friends:

Shirinian wrote in a private Facebook post after the shooting, “The world is better off without him in it. Even those who are claiming to be sad for his wife and kids …. like, his kids are better off living in a world without a disgusting psychopath like him and his wife, well, she’s a sick f*#k for marrying him so I don’t care about her feelings.”


Someone forwarded her post to a state representative who had lashed out at people in higher education who were critical of Kirk’s views. Within days of the shooting, campus Chancellor Donde Plowman began termination proceedings.

Professor Shirinian promptly wrote a letter of apology to the Chancellor, saying that her comments were “ineloquent and heartless.” She said she condemned political violence; her letter was insensitive, she said, but she did not advocate political violence.