A federal appeals court has ruled that Florida cannot enforce part of a 2022 law restricting what professors at public universities can teach about race and related topics, leaving in place a lower court’s preliminary injunction.
In a 2-1 decision issued Tuesday, the 11th U.S. Circuit Court of Appeals concluded that the challenged provisions of the law likely violate First Amendment protections. The ruling allows the injunction to remain in effect while the legal challenge continues.
Ruling
The case centers on the “Stop Wrongs to Our Kids and Employees (WOKE) Act,” which was passed by the Florida Legislature and signed into law by Gov. Ron DeSantis in 2022.
Writing for the majority, Judge Britt Grant said Florida’s argument that it could broadly control the speech of public university professors represented “a breathtaking assertion of power to ban unpopular ideas from public discourse.”
Grant was joined by Judge Charles Wilson in the majority opinion.
The court found that public university professors and students should be able to engage with a wide range of ideas, even if some are controversial or unpopular.
Court’s Reasoning
In the opinion, Grant wrote that hearing ideas people disagree with is part of higher education and does not amount to discrimination.
“Florida seeks to strip public university professors – and by extension their students – of the ability to fully engage with ideas that are, for better or for worse, very popular in some academic circles,” Grant wrote.
She added that disagreement with an idea provides an opportunity for discussion, debate and learning rather than serving as evidence of discrimination.
The majority also emphasized that while courts generally do not determine university curriculum, they have a responsibility to enforce constitutional protections for free speech.
The Law
The challenged portion of the WOKE Act prohibits public university instructors from endorsing certain concepts associated with critical race theory.
Among its provisions, the law bars instruction that causes students to feel guilt, anguish or psychological distress because of actions committed in the past by members of the same race, color, national origin or sex.
Supporters of the law have argued it was intended to prevent discriminatory instruction in classrooms. Opponents have maintained it limits discussions about topics such as slavery, segregation and systemic racism.
Other sections of the law regulating workplace diversity training have already been blocked by federal courts.
Lawsuit
The legal challenge was filed by several university professors and supported by the American Civil Liberties Union of Florida.
LeRoy Pernell, a professor at Florida A&M University College of Law and one of the plaintiffs, welcomed the appeals court’s decision.
In a statement, Pernell said the ruling allows educators and students to continue discussing issues such as racism without restrictions imposed by the state.
Dissent
Judge Barbara Lagoa dissented, arguing that Florida has the authority to determine what viewpoints are endorsed in classrooms at state-funded universities.
Lagoa wrote that while the First Amendment protects a wide range of viewpoints, it does not require the state to sponsor every viewpoint through its educational institutions.
She maintained that the state has the legal authority to establish classroom policies for its public universities.
Case Summary
| Detail | Information |
|---|---|
| Court | 11th U.S. Circuit Court of Appeals |
| Decision | 2-1 ruling |
| Law at Issue | Florida’s WOKE Act |
| Signed By | Gov. Ron DeSantis |
| Year Enacted | 2022 |
| Plaintiffs | Florida university professors |
| Supported By | ACLU of Florida |
| Current Status | Preliminary injunction remains in effect |
The appeals court’s decision does not end the legal dispute, but it prevents Florida from enforcing the challenged provisions while the case proceeds. The ruling represents another significant development in the ongoing debate over academic freedom, free speech and the state’s role in regulating instruction at public universities.
FAQs
What did the appeals court decide?
It kept the injunction blocking part of Florida’s law.
What is the WOKE Act?
A 2022 Florida law regulating certain classroom instruction.
Who challenged the law?
University professors backed by the ACLU of Florida.
Was the ruling unanimous?
No. The appeals court ruled 2-1.
Can Florida enforce the challenged provision now?
No. The injunction remains in effect during the case.
