SPEAKIN’ OUT NEWS
MONTGOMERY, Ala. — A federal judge on Wednesday declined to temporarily block Alabama’s controversial new law that bans diversity, equity and inclusion (DEI) initiatives in public schools and restricts how issues of race and gender may be taught.
U.S. District Judge David Proctor ruled that the University of Alabama professors and students challenging the law had not met the high legal standard for a preliminary injunction, which he described as “an extraordinary and drastic remedy.” The lawsuit will proceed, but the law will remain in place while it makes its way through the courts.
What the Law Does
The measure, which took effect October 1, bars public schools and universities from funding or sponsoring DEI programs. It also forbids requiring students to agree with or affirm eight so-called “divisive concepts.” Among them: that any race, sex, or national origin is inherently oppressive, or that a person should feel guilt or responsibility for past actions committed by members of their group.
Republican lawmakers pushed the measure through the Legislature as part of a broader national campaign against DEI efforts on campuses. Supporters argue the law prevents political indoctrination; critics say it censors honest discussions about racism and sexism in America.
Professors and Students Challenge the Law
Six University of Alabama professors and students filed the lawsuit, arguing that the statute violates the First Amendment by imposing viewpoint-based restrictions on classroom speech. They also contend that it unfairly targets Black students by shutting down programs that directly benefit them.
Since the law went into effect, professors say they have changed how they teach. One reported scaling back coverage of the Black Power and Black Lives Matter movements, while another said students had complained that the honors program she oversees might conflict with the law.
Meanwhile, the university closed spaces previously reserved for the Black Student Union and an LGBTQ+ resource center, drawing criticism from advocates who say the law is erasing support systems for vulnerable students.
Judge’s Reasoning
In his opinion, Judge Proctor emphasized that the law does not entirely ban classroom discussion of the listed concepts. Instead, it requires that such discussions be presented “in an objective manner without endorsement.”
He gave examples: a professor could not instruct students that racial health disparities are the fault of one race but could present theories or evidence showing racism may be a factor.
Proctor also rejected claims of broad academic freedom, writing that “a professor’s academic freedom does not override a university’s decisions about the content of classroom instruction.”
Critics Warn of Chilling Effect
Civil liberties groups blasted the ruling, warning it undermines the principle of academic freedom.
“Academic freedom protects the search for knowledge and truth from political pressure. That’s the whole point,” said Will Creeley, legal director of the Foundation for Individual Rights and Expression (FIRE). “Faculty are hired to share and hone their expertise in a given field of study, not to read from a government script.”
What’s Next
The lawsuit challenging the law will move forward, with plaintiffs hoping to ultimately strike it down as unconstitutional. In the meantime, Alabama’s ban on DEI programs and restrictions on teaching “divisive concepts” will remain in place, placing the state at the center of a growing national fight over how race, gender, and history are taught in America’s schools.