Archives for category: Censorship

For more than a year, Trump has pestered the Smithsonian Museum to remove exhibits that shine attention on despicable episodes and phenomena in American history. Trump wants a patriotic version of American history.

The Smithsonian has rejected his bullying, so Trump ordered the National Park Service to place signs around the Smithsonian museums warning visitors about their bias in favor of accurate history.

The Guardian reported:

Donald Trump on Friday ordered the interior department to display signs in front of the Smithsonian National Museum of American History that accuse the institution of inaccuracy.

The order escalates the Trump’s attacks against the Smithsonian, which he and his allies accuse of politicizing the institution by focusing too much on injustices in American history, instead of more triumphant moments such as the signing of the Declaration of Independence.

The order directs interior secretary Doug Burgum to huddle with the National Park Service and assistant to the president for domestic policy Vince Haley to come up with some temporary signs to install along the National Parks Service-maintained sidewalks and walkways leading into the museum.

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The White House did not immediately respond to a request for more details about what these signs would say.

The order says the signs “shall notify visitors that the museum exhibits should be renovated consistent with the findings in the report”. The signs should direct the public to other places where they can get better American history information, the order says.

The same group will also have to produce signs for the public criticizing the Smithsonian for not commemorating sufficiently the Declaration of Independence during the 250th anniversary of its adoption.

The American Historical Association, a group composed of professional historians, praised the Smithsonian Institution’s “commitment to scholarship and accuracy” in a statement earlier this month.

“Historians practice our craft with scholarly integrity according to established standards of evidence, historical inquiry, and professional practice,” the AHA statement reads. “Political interference in professional museum work threatens the accuracy of historical interpretation and erodes public trust in one of our nation’s most important institutions.”

The National Museum of American History declined to comment.

The Texas Monthly reported on the aftermath of the murder of Charlie Kirk. Texas legislators wanted to punish public employees that posted “inappropriate” responses to his death. Their scrutiny ensnared 350 teachers who had not responded in a way that expressed sympathy. Eventually almost all the teachers were cleared of wrongdoing, but in the near term, they lived under a cloud of fear, fear that they would be fired, fear that they would lose their license. The hero in this story was the Texas AFT, the union, which stepped in to defend the teachers, few of whom could afford to pay for legal defense.

Naina Srivastava of The Texas Monthly wrote:

In her 28 years as a teacher working at schools in the Harris County area, Jennifer Courtemanche felt most at home at Lee High School. That changed for the 54-year-old English teacher on September 10. Hours after conservative influencer Charlie Kirk’s assassination, Courtemanche made a series of posts on Facebook about the right-wing influencer’s death and was met with dozens of comments, texts, and voicemails from strangers attacking her positions. Someone—it’s unclear who—reported her to the Goose Creek Consolidated Independent School District, while others attacked her directly. “I hope you’re next,” one read. “I hope you die by violence in front of your family,” said another. “Kill yourself,” said a third. 

Courtemanche, who was born in Dallas and has lived in Texas for her whole life, had made four posts about Kirk that day. The first, in response to Utah Governor Spencer Cox’s statement that Kirk’s assassination was a tragedy, read, “I’ll bet if the victim had been Black or Brown or a Democrat influencer he’d have been singing a different tune. Could Kirk have baited just ONE too many people? Could this have been the consequences of his actions catching up with him?” The second was a repost of a friend’s post, containing a list of controversial statements on civil rights, the LGBTQ community, and gun deaths that Kirk had made throughout the years. The third was another repost, this time from Occupy Democrats, a progressive advocacy group, that quoted Kirk— “I can’t stand the word empathy, actually,”—with the caption “#karma.” And the last was another Occupy Democrats repost about President Donald Trump and other Republicans’ silence after Melissa Hortman, a former speaker of the Minnesota House of Representatives, was assassinated in her home last June. 

At some point, Courtemanche’s posts reached the attention of Texas State Representative Briscoe Cain, a Republican from Deer Park who represents her district. On X, he called for her immediate termination for “celebrating the news of Kirk’s assasination.” That post now has over 550,000 views. 

That night, Courtemanche recalls furiously searching for the settings to make her account private. A half hour before midnight, she received another voicemail. “I found your address. Someone is going to come to your house and f— you up, bitch,” an anonymous caller said. As messages continued to pour in, she worried about how people in the community might react. Courtemanche said she and her husband didn’t even go to church that Sunday, despite being regulars. Scared, Courtemanche reached out to her school principal, asking what she should do. He told her to call her local police department and to contact the district’s Human Resources. She did. 

The next morning, the HR department rang her back. The district told her not to come in and that she was being put on administrative leave. By the next Monday, Courtemanche received an email from the district notifying her that it had reported her to the Texas Education Agency.

In the wake of Kirk’s assassination, there was a wide push by the Texas GOP to discipline teachers who’d made posts about his passing that it deemed offensive. Two days after Kirk died, TEA Commissioner Mike Morath instructed ISDs to report instances of educators sharing inappropriate content online to his agency. In total, 350 complaints were levied, including those against Courtemanche. According to documents obtained by Texas Monthly via public-records requests, some school districts, like Goose Creek, chose to terminate employees after conducting investigations. Others simply reported the complaint for a state investigation into the matter. But more than six months after Kirk’s death, it appears the discipline Texas politicians promised hasn’t gone very far. All but two of the 350 complaints against teachers had been dismissed as of April, according to the testimony of Keith Ingram, an attorney with the Office of the Attorney General.  

Courtemanche’s case is an instructive one outlining how the state attempted to crack down on anti-Kirk speech. On September 22, less than two weeks after her original posts, the Goose Creek school board voted to terminate her contract by a vote of 2–0 with four abstentions. Mercedes Renteria III, one of the two members who voted for Courtemanche’s termination, gave an interview with the town’s local paper, TheBaytown Sun. “[S]he is an incompetent teacher, and she shouldn’t have crossed the line and spoken publicly on social media and every other venue to say bad things about Charlie Kirk,” he said. “I think she should be fired, and karma’s a bitch. How about that?”

Courtemanche immediately sought legal representation via the Texas American Federation of Teachers, a statewide labor union. By November, she had reached a settlement with the school that cleared her of wrongdoing. She chose to retire, but per the settlement, she waited until December 31 to resign, giving her an additional year’s worth of credit—worth $200 each month—under the teacher-retirement system.

Courtemanche was not alone. In January, the Texas AFT,  which has more than 66,000 members, filed a lawsuit against the TEA, arguing Morath’s instructions for districts to report teachers violated teachers’ First Amendment right to speech and “unleashed a wave of retaliation and disciplinary actions against teachers.” The AFT contends that simply being placed under investigation—even if the probe leads nowhere—negatively impacts an educator’s reputation. When the state opens an investigation, it places a flag on the educator’s certification and can even include them on the agency’s public registry listing employees “Not Eligible For Hire,” according to the TEA’s website. Such investigations can result in the sanction or revocation of their teaching certificate.

AFT President Zeph Capo estimates that thirty to forty educators reached out to the AFT regarding discipline about Kirk posts. Some ended up being part of the litigation, while the AFT offered verbal counseling and individual representation to others. Capo said the organization’s biggest concern was for educators who were unable to renew their certificates while under investigation. If an educator’s certificate lapses, the school district could fire him or her automatically, he said. 

“Just imagine you’ve went to school, you’ve paid a lot of money, you are now at risk of not being able to renew your certification to keep your job, all because of something you said on a Facebook post that had nothing to do with kids or anyone else,” Capo said. “That has an absolute chilling effect on those individuals.”


The Texas AFT’s lawsuit is supported by six anonymous teachers’ experiences, though filed on behalf of all its members. One teacher was placed on the “do not hire” registry for three months, preventing them from finding work, according to the lawsuit. Another was unable to renew her certification because she was under investigation and may lose her job this month as a result. 

Texas Monthly’s investigation found that some teachers were reported for fairly tame posts, including reposts of popular progressive infographics regarding Kirk’s statements and gun violence. An educator who wrote, “He was ok with children dying in schools. I am not saying he should have been shot. He defended guns above all else,” received a complaint. Another educator posted a screenshot of a Newsweek article with the headline, “Charlie Kirk Says Gun Deaths ‘Unfortunately’ Worth It To Keep 2nd Amendment,” with the caption, “First Amendment meets Second Amendment.” That educator also received a complaint. To some observers, these posts, in particular, seem to squarely fall under the protection of the First Amendment.  

Because teachers are public employees, however, their free speech rights are limited in some contexts. There have not been any notable Supreme Court rulings that directly address teachers and students’ social media usage, but the landmark 1969 Supreme Court ruling in Tinker v. Des Moines established that if speech outside the classroom “materially and substantially disrupt(s) the work and discipline of the school,” it can be restricted. 

Daxton “Chip” Stewart, a Texas Christian University professor and First Amendment expert, said that the question at the heart of the Kirk cases is whether speech outside of the classroom may have affected lessons within it. “Posts about Charlie Kirk are undoubtedly a matter of public concern,” Stewart said. “That’s core First Amendment-protected speech. People should be able to comment about that kind of thing. So really, it comes down to, does that speech interfere with teachers’ [abilities] to do their jobs.”

This question has come up repeatedly in the complaints to the TEA obtained via records request. For example, in an email to an educator with the district who received a complaint for her posts, the Eagle Mountain–Saginaw ISD superintendent wrote, “You do not get to stop being a teacher off contract hours. You continue to be seen as a public service provider that is entrusted to take care of a vulnerable, impressionable community of children. It is expected that you conduct yourself in a manner at all times that is conducive to earning and maintaining the trust of the community, parents, students and coworkers.” 

Stewart believes this standard is unfair. If a teacher spoke about Charlie Kirk in the classroom, it would be a different story, a “no-brainer,” he said. But in teachers’ private time, the state must prove that the speech is something outrageous for it to be punishable. (Ultimately, both Eagle Mountain–Saginaw and the TEA declined to take action against the educator.) 

In the past, the TEA has protected teachers’ right to speech that is controversial. In 2019, a Fort Worth English teacher asked president Trump for help removing the “illegals” from Fort Worth’s school system. She was fired. Morath said that her tweet was protected by the First Amendment, that the school district had overstepped, and that she should be reinstated. Later, courts upheld her firing.

That Morath is now taking a different stance strikes Capo, who agreed the Fort Worth teacher should not have been fired, as evidence of viewpoint discrimination in the TEA when it comes to free speech. “At least be consistent,” he said. “If you’re going to fire people for speech, then fire them for speech no matter which political direction it runs, and if you’re not going to fire them for speech, then you should be doing the same regardless of [the] political direction it comes from.”

The case between the TEA and Texas AFT hinges on the interpretation of Morath’s directive: whether it constituted a policy that school districts were required to follow. The letter sent to superintendents noted that if superintendents were made aware of “additional instances of inappropriate content being shared,” they should report it to the agency. In a September media statement, Morath said, “While all educators are held to a high standard of professionalism, there is a difference between comments made in poor taste and those that call for and incite further violence — the latter of which is clearly unacceptable.”

Capo said Morath has failed to define what would be considered “poor taste” or “inciting violence,” leading many districts to report teachers improperly out of caution. Indeed, some districts, like Cypress-Fairbanks ISD, reported they were influenced to submit complaints to the TEA because of the letter, even though they believed their employees’ speech fell within their rights. In an email to the TEA, the general counsel for Cy-Fair ISD, for one, wrote, “The District reviewed each instance of reported misconduct related to the death of Charlie Kirk individually and in light of the legal standards applicable to the specific situations. Because none of the posted comments were determined to violate District policies and to fall within the First Amendment rights of each employee, the complaints do not fall within the reporting requirements of Chapter 22A of the Texas Education Code.” However, the district still chose to report the complaint, it said, because of the notice letter. 

So far, the courts have sided with the TEA. At an April preliminary injunction hearing in the U. S. District Court for the Western District of Texas, Alan Albright, appointed by Donald Trump in 2018, said he failed to see how Morath’s letter infringed upon the First Amendment. “He’s not recommending punishment here,” Albright said. “He’s recommending that if the superintendents determine that inappropriate statements, in their view, were made, that there might be, you know, one of these investigations. I don’t understand how that’s chilling.” 

The Texas AFT now has the option to appeal the ruling, but Capo said it likely will not, owing to the dismissal of most of the complaints against teachers. He said every AFT member who was terminated has now reached a favorable settlement or returned to work without disciplinary action. “Ultimately, what I was really looking for, it has been accomplished,” Capo said. He told me the union now believes that its other members won’t have to worry about state sanctions or issues that could impact their teaching certifications.

For Courtemanche, however, even reaching a settlement felt like a bittersweet resolution. She told me she’s just starting to heal from what happened. Some people she went to church with unfriended her, she said. “And so I guess if they weren’t friends to begin with, I could still go and worship with them. But if they pass judgment on me, that’s on them,” she told me.

Initially, when the social media firestorm started, Courtemanche feared she’d be pushed out of the classroom before she was ready to stop teaching. But after the investigation, she was eager to retire. She’s eligible to find work at a different school next year, but she told me it’s unlikely she’ll go back.She said the environment for educators has gotten worse in Texas, and she doesn’t want to subject herself to further difficulties. 

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.

The Trump administration claims to be transparent, but it is quick to harass reporters if they discover and reveal information that the administration wants to hide. The New York Times recently explained that Trump had to use his old Presidential airplane to return from the NATO meeting in Ankara, Turkey, because his huge airplane–the Qatari gift– didn’t have the required security enhancements. The reporters credited with the story received subpoenas, and the government will try to compel them to testify before a grand jury and reveal their sources.

The New York Times reported:

The Trump administration issued subpoenas on Friday to several journalists for The New York Times, after the news outlet reported this week on security concerns involving President Trump’s new Qatari-donated Air Force One.

The subpoenas — which seek to force the reporters to testify before a federal grand jury in Manhattan on Wednesday — were an extraordinary escalation in President Trump’s efforts to threaten and intimidate independent news organizations.

In some cases, the subpoenas were delivered by federal agents who showed up at reporters’ homes.

The Times denounced the administration’s actions.

“The appearance of federal law enforcement agents on the doorstep of news reporters should shock the conscience of any American who believes in the Constitution and the press freedom it protects,” said David McCraw, The Times’s top newsroom lawyer, in a statement on Friday evening.

“Our journalists report the facts and advance the American public’s right to know how their government is operating and their taxpayer dollars are being used,” Mr. McCraw wrote. “This brazen act should be seen as nothing more than an attempt to prevent the public from knowing what is happening in their country by intimidating journalists from doing their jobs.”

The subpoenas contain few specifics, asking only that the journalists testify “in regard to an alleged violation of federal criminal law.” They were issued by Jay Clayton, the U.S. attorney in Manhattan. Mr. Clayton, who leads one of the country’s most prominent law enforcement offices, was recently nominated by Mr. Trump to serve as director of national intelligence.

Representatives for the White House did not respond to inquiries on Friday evening.

In a statement on Saturday, a Justice Department spokeswoman said that “reporters are not the targets, those leaking classified information are.”

“We value and appreciate the important role that the press plays in this country, but D.O.J. also plays an important role to make sure that the people entrusted with our nation’s secrets do what they’re supposed to do with that information,” said the spokeswoman, Emily Covington. She added, “We recognize there may always be natural tension there, but we are not going to ignore the law.”

The Times journalists who received subpoenas included Julian E. Barnes, Eric Lipton, Tyler Pager and Eric Schmitt, who reported on Wednesday that Mr. Trump had departed Turkey on the old Air Force One as a security precaution at the urging of the Secret Service. On Thursday, The Times reported that the new Air Force One, a Qatari-donated Boeing 747-8, lacked some of the advanced security features of the older aircraft, including antimissile capabilities. Both articles cited sources who spoke on the condition of anonymity to discuss sensitive security issues.

Before the Wednesday article was published, a senior official at the Federal Bureau of Investigation contacted a reporter and a senior editor at The Times to ask that the article be held, calling it an issue of national security, according to a person familiar with the conversation. The F.B.I. official declined to explain the security issue. The official also asked The Times to disclose its sources for the article; the newspaper refused to do so. (A spokesman for The Times, Charlie Stadtlander, confirmed the account.)

Mr. Trump has long been a harsh critic of the news media. But in his second term in office, he has moved aggressively to use the immense powers of the federal government in his efforts to attack the press.

Earlier this year, the Justice Department sought to compel testimony from journalists at The Wall Street Journal and The Washington Post. The Justice Department withdrew the subpoenas after both news organizations fought back in sealed filings.

Both Democratic and Republican administrations have initiated leak investigations into the disclosure of classified information. But subpoenas aimed at journalists are not common, and First Amendment advocates say they can chill the work of news gathering.

In January, F.B.I. agents took the rare step of searching the home of a Washington Post reporter, Hannah Natanson, as part of an investigation into a government contractor’s handling of classified material. The agents seized phones, laptops and a smartwatch after executing a search warrant. Ms. Natanson had spent months speaking with government employees while reporting on the Trump administration’s efforts to shrink the federal work force.

The Times is a party to several lawsuits involving Mr. Trump and his administration.

The president sued The Times last year, accusing it of defaming him, disparaging his reputation and seeking to undermine his 2024 candidacy.

In December, The Times sued the Defense Department after it imposed restrictions on reporters who cover the military. The company sued again after the agency reduced reporters’ physical access to the Pentagon.

In May, the Equal Employment Opportunity Commission sued The Times, accusing it of employment discrimination. On Friday, The Times filed a counterclaim, saying the lawsuit was an act of retaliation for its coverage of the Trump presidency and a violation of its First Amendment rights.

When it comes to supporting its public schools, Florida ranks dead last in the nation. Not only was it dead last of all states, it was at the very bottom in 2024 and 2025.

Florida betrays its state constitution, which contains a clear mandate to create and protect strong public schools.

Article IX, Section 1(a) states:

“The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education…”

Under the misleadership of Republican politicians like Jeb Bush and Ron DeSantis, Florida has diverted billions of dollars to privately governed charter schools and unaccountable vouchers for private and religious schools and home schooling. Bush and DeSantis have ignored and abandoned Florida’s state constitution.

And among all the states, Florida’s school rank dead last.

Based on the NPE report Public Schooling in America 2026, Carol Burris, executive director of the Network for public Education, wrote:

This is the third consecutive year that Florida’s statehouse has earned last place when it comes to supporting public schools. Florida’s lawmakers don’t merely encourage privatization through charters, vouchers, and homeschools; they actively engineer conditions that undermine public schools and worsen the environment for teaching and learning.

The damage from Florida’s universal voucher program is staggering. Close to four billion dollars in state education funding now flows annually to voucher programs — nearly one in four state education dollars diverted away from public schools, including to families whose children never set foot in a public school. And the funding mechanism puts the burden directly on school districts, which must absorb the loss.

Meanwhile, Florida continuously revises its school rating standards to ensure more public schools are labeled as failing, while simultaneously incentivizing and subsidizing charter expansion. Its Schools of Hope program even allows charters to colonize unused space inside public school buildings. Success Academy’s Eva Moskowitz teamed up with a Florida billionaire to help draft the enabling legislation, then used it to muscle her chain into the Miami charter market with generous public funding in tow.

Fifty percent of Florida’s charter sector is run by for-profit operators — one of the highest shares in the nation. Only Michigan has more. Florida is home to Academica, the largest for-profit charter chain in the country, and to Charter Schools USA. Both profit from the real estate they build and lease back to their own branded schools.

Charter schools claim to be equally open to all students. That is not the case in Florida, which lost points for the numerous enrollment privileges its laws permit. Florida is one of a small number of states that allow company-based charter schools. The Villages, the largest retirement community in the country, has its own charter school, and it functions less like a school of choice than a company store. The school was created by the community’s developer, and at least one parent must be employed by The Villages or a company that services it. If that parent quits or is fired, the child must leave immediately. For a low-wage service worker who might want to change jobs, the school becomes a trap — a reason to stay put rather than pursue something better.

Florida sinks to the bottom not only because of its weak charter and voucher laws and the financial incentives it offers to expand privatization, but because it actively undermines its public schools through policy and funding decisions at every turn. Florida lost every possible point on school funding — whether measured by cost-of-living-adjusted teacher salaries, equitable funding distribution, or funding based on capacity to pay. It has low teacher satisfaction, high student-to-teacher and student-to-counselor ratios, weak anti-bullying laws, and it still permits corporal punishment.

Of 102 possible points, Florida disgracefully earned only 14. You can read our full NPE 2026 report card here.

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 oers 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.

In the 1790s, when George Washington was President, he lived in a house in Philadelphia with nine slaves. The house is now part of the National Park Service. The city of Philadelphia approved an exhibit of panels that told the story of the President’s House.

After Trump ordered the removal from federal sites of signage and exhibits that “disparaged” American history, the National Park Service replaced the Philadelphia exhibit with its own signage.

The city sued and won in federal district court. In appeal, a federal appeals court affirmed the power of the federal government to control the exhibits on the site.

WHYY in Philadelphia reported on the decision.

Early on in Trump’s second term, he rolled out executive orders demanding censorship of exhibits and signage at museums and national parks, as well as other institutions that received federal funds. He complained that federal funds should not support anything that promoted diversity, equity, and inclusion, anything that he deemed “woke,” and anything that reflected badly in our history. On Friday two federal judges ruled against his administration’s censorship of historically accurate accounts.

A federal judge on Friday temporarily blocked the National Park Service from removing or revising signs, films and other materials at national parks across the country to comply with a directive from President Trump.

The ruling pauses enforcement of an executive order that called for removing or covering up materials at national parks that “inappropriately disparage Americans” or cast the United States “in a negative light.”

The judge, Angel Kelley of the U.S. District Court for the District of Massachusetts, also ordered the Park Service to restore within three weeks any exhibits that it had dismantled or altered.

The ruling provides a temporary reprieve for the plaintiffs, a coalition of advocacy groups that sued over the executive order in February, while the litigation continues to unfold.

To comply with the president’s directive, the Park Service has taken down plaques about slavery at Independence National Historical Park in Philadelphia, a sign about climate change at Fort Sumter in South Carolina and a sign about Indigenous people at Acadia National Park in Maine.

Another federal judge has already ordered the Park Service not to make further changes to the slavery exhibit at the President’s House Site at Independence National Historical Park, as she considers a separate lawsuit filed by Philadelphia.

Judge Kelley, who was nominated by President Joseph R. Biden Jr., sharply rebuked the Trump administration for taking down materials. “Not only does this undermine the integrity of the national parks; it sets a dangerous precedent of censorship and sanitization,” she wrote.

Judge Kelley began her 63-page ruling by listing examples of national parks that help educate visitors about difficult periods of American history, as well as contributions made by people of color, gay and transgender figures, women and other marginalized groups.

“From the echoes of abolition in John Brown’s Fort in Harpers Ferry, to the genesis of the modern L.G.B.T.Q.+ civil rights movement at the Stonewall National Monument, to the retreating ice of Glacier National Park in Alaska, the national parks preserve the multifaceted and multilayered history of our nation, including the good, the bad and the ugly,” she wrote.

In the lawsuit, the plaintiffs argued that removing the materials was “arbitrary and capricious,” in violation of the Administrative Procedure Act. They also accused the Park Service of exceeding its legal authority.

Katie Martin, a spokeswoman for the Interior Department, the parent agency of the Park Service, suggested that the administration would appeal the ruling.

“This ruling is from a liberal activist judge,” Ms. Martin said in an email. “The department will look at our appeal options while we celebrate U.F.C. Freedom 250 on the South Lawn of the White House this weekend in honor of our nation’s 250th with the greatest president in the history of our country — President Donald J. Trump.”

Emily Thompson, the executive director of the Coalition to Protect America’s National Parks, one of the advocacy groups that brought the lawsuit, applauded the ruling.

“National parks are not propaganda tools, nor should they be used for partisan purposes,” Ms. Thompson said in a statement. “They exist to preserve and interpret the full American story, not just the parts that make some politicians comfortable. This ruling is an important step to help ensure that remains the case.”

Despite appearances, the most powerful person in the Trump administration is not Donald Trump: it’s Russell Vought, Director of Office of Management and Budget. He is the brains of this administration. Vought was at the Heritage Foundation and was one of the writers of project 2025. He controls the budget and makes the decisions about which government programs should live or die. Trump has impulses, whims, and passing fancies; Vought is methodical and determined to impose his rightwing views on the entire federal government. Every federal grant, Vought believes, should align with Trump’s anti-woke, anti-DEI agenda.

Tony Romm wrote about Vought’s strategy in The New York Times:

The White House is seeking to exert more control over billions of dollars in annual government grants, aiming to restrict a vast swath of funding — in health, housing, science and transportation — so that it primarily serves the purposes and organizations politically aligned with President Trump.

While the administration says that its primary goal is to safeguard taxpayer money, its proposal amounts to a major escalation in its attempt to reimagine the nation’s spending, even as Congress and the courts continue to rebuke the president for abusing such powers.

Mr. Trump’s ambitions were made clear in a roughly 400-page blueprint that was released to little fanfare on Friday. If finalized, it would require all federal grants to be approved by the president’s political appointees, who must ensure that the money would “demonstrably advance the president’s policy priorities.”

For the agencies that issue those awards and the nonprofit groups, local governments, universities and other entities that receive the money, the Trump administration would also impose a set of highly prescriptive and political criteria.

The government could not issue grants to projects or groups that “deny the biological reality of sex or the sex binary in humans,” for example. Nor could it seek to fund initiatives that “promote anti-American values,” contribute to illegal immigration, advance diversity, equity and inclusion or assist in voter registration.

The rules would further limit the ability of grant recipients to engage in some “issue advocacy.” Those that are funded would be scrutinized for their compliance with “religious liberty laws” and their “memberships and affiliations” with outside groups. And they could face the outright termination of their grants if the Trump administration someday determines that their actions are not in the “public interest.”

The restrictions echo the string of executive orders that Mr. Trump signed shortly after returning to office, many of which have been challenged or blocked in court. This time, however, the White House has pursued its restrictions by proposing a regulation, which is expected to become final after the government solicits public comment. The result could be applied far more broadly, and perhaps in ways that are harder to fight legally or undo later, according to budget experts.

The consequences could fall hardest on health and science, a field in which Mr. Trump has pursued some of the steepest cuts in his second term.

In exchange for federal assistance, researchers would face limits on the subjects that they can explore, the foreign labs with which they may collaborate and even the conferences at which they can appear. Dr. Georges C. Benjamin, the chief executive of the American Public Health Association, a professional organization and advocacy group, said the policy could “devastate innovation, science and research” in the United States.