A federal appeals court dealt a significant blow to Florida’s effort to curb critical race theory (CRT) instruction in higher education this week, ruling that the state cannot prohibit professors at public colleges and universities from teaching concepts banned under Gov. Ron DeSantis’ Stop WOKE Act.
The 2-1 decision from the U.S. Court of Appeals for the Eleventh Circuit leaves intact portions of the law affecting workplaces but blocks its application to Florida’s public universities, setting up what could become another major First Amendment battle before the United States Supreme Court.
Court Sides With Professors
The ruling stems from lawsuits filed by professors, students, and a student organization challenging the constitutionality of the Individual Freedom Act—better known as the Stop WOKE Act—which DeSantis signed into law in 2022.
The plaintiffs, represented by the American Civil Liberties Union (ACLU) and the Foundation for Individual Rights and Expression (FIRE), argued the law amounted to government censorship.
Writing for the majority, Judge Britt Grant—a Trump appointee joined by Clinton appointee Judge Charles Wilson—agreed.
“If the First Amendment offers any boundary of protection at all for public university classrooms, this statute crosses it,” Grant concluded.
Florida Says It Has the Right to Set Curriculum
Judge Barbara Lagoa, another Trump appointee, issued a lengthy dissent arguing that the majority had improperly limited the state’s authority over its own educational institutions.
Lagoa emphasized that professors at public universities are state employees teaching state-funded courses, not private citizens speaking on their own behalf.
While acknowledging the First Amendment protects free speech generally, Lagoa argued that it does not require states to endorse every viewpoint in taxpayer-funded classrooms.
She further contended that Florida has a legitimate—and even compelling—interest in determining what is taught in its own universities.
“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 Debate Over Critical Race Theory
The case revolves around critical race theory, an academic framework that examines how race and racism have influenced American laws and institutions.
Supporters argue CRT provides important historical context for understanding systemic discrimination and racial disparities.
Critics contend it extends far beyond history into ideology, portraying the United States as fundamentally and permanently structured around racial oppression while encouraging students to view society primarily through the lens of race.
Free Speech?
At the heart of the dispute is a constitutional question that has divided courts for years: Who ultimately controls what is taught at taxpayer-funded universities?
The majority concluded that academic freedom gives professors substantial First Amendment protection when teaching university courses.
Lagoa—and Florida officials—argue that public universities exist because taxpayers fund them, meaning elected officials ultimately have authority to determine what the state’s educational institutions endorse.
Unlike private universities, public colleges operate as government institutions, raising difficult questions about where academic freedom ends and state control begins.
Florida Signals Appeal
Both FIRE and the ACLU celebrated Tuesday’s decision.
“Today’s important decision means that college remains a place where professors and students are allowed to debate controversial topics—even if politicians disagree with them,” FIRE attorney Greg Greubel said.
Florida Attorney General James Uthmeier criticized the ruling.
Calling the decision “totally incoherent and inconsistent with the intent of the First Amendment,” Uthmeier praised Lagoa’s dissent and argued she “may be the best jurist in our country,” adding that she “should be on SCOTUS.”
Because the Eleventh Circuit issued a split decision, Florida now has several options, including asking the full appeals court to rehear the case or appealing directly to the United States Supreme Court.
Many legal observers believe the case has a realistic chance of eventually reaching the justices.
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