A panel of three federal appeals court judges showed differing opinions on Friday regarding the constitutionality of Florida’s “Stop Woke” law, signed by Governor Ron DeSantis. The law aims to restrict public university professors from discussing certain viewpoints on race and gender, under threat of losing tenure.
Background: The law, officially known as the Individual Freedom Act (FL HB7), was passed by Florida’s Republican-led Legislature in 2022. It seeks to expand anti-discrimination laws and prevent teachings that could make students feel guilt or distress due to their race, color, sex, or national origin. Governor DeSantis introduced the law as part of a broader effort to combat what he describes as “woke” ideologies in education and the workplace.
Legal Challenge: The law faced immediate opposition, leading to a lawsuit by eight college professors, two students, and a student organization. They argue that the law infringes on free speech rights by limiting discussions on critical issues related to race and gender. Chief U.S. District Judge Mark Walker granted a preliminary injunction against the law in 2022, describing it as “positively dystopian.”
Appeals Hearing: The Florida Board of Education appealed the injunction. During Friday’s hearing at the 11th U.S. Circuit Court of Appeals, lawyer Charles Cooper, representing the Board, argued that public university professors’ speech in the classroom represents the government’s speech, and thus can be regulated by the state. Judges Britt C. Grant and Barbara Lagoa appeared to support this viewpoint, referencing previous court decisions that upheld restrictions on classroom speech.
Contrasting Viewpoint: Judge Charles R. Wilson, however, questioned this stance, emphasizing that college students are adults who should be allowed to engage in open debates about the subjects they study. Attorney Greg H. Greubel, representing the plaintiffs, reinforced this point, arguing for the necessity of free discourse in higher education.
Implications: The decision of the appellate court will be crucial for Governor DeSantis’ administration and its broader educational policies. The law remains unenforced due to the federal injunction, and its future hinges on the outcome of this legal battle.
The case underscores the ongoing national debate over the balance between state control of educational content and the protection of academic freedom.
Key Points:
- Florida’s “Stop Woke” law aims to regulate public university teachings on race and gender.
- A federal injunction currently prevents the law’s enforcement.
- The 11th Circuit Court of Appeals is divided on the issue, with judges showing different interpretations of the law’s implications on free speech.
COMMENTS