CONCORD, NH – The American Civil Liberties Union (ACLU), the ACLU of New Hampshire, the ACLU of Massachusetts and the National Education Association (NEA) filed a lawsuit in late February against the U.S. Department of Education, challenging a “Dear Colleague Letter” they charge threatens federal cuts for educational institutions nationwide that engage in diversity, equity and inclusion.
ACLU claims the lawsuit had raised concern among civil rights advocates and educators, arguing the directive violates fundamental constitutional and legal protections by unlawfully restricting speech, academic freedom and due process.
“The Dear Colleague Letter,” issued by the Department of Education under the Trump administration, declares that federal funding will be at risk for institutions found to be implementing DEI-related programs, policies, or curriculums, explained the ACLU.
“For over a century, the ACLU has fought unlawful efforts to muzzle free speech by over-zealous government officials. It’s clear that the Trump administration is trying to shut down speech it doesn’t like – especially when it deals with race in our educational institutions,” said Anthony D. Romero, ACLU executive director.
The “‘Dear Colleague Letter’ is a brazen attempt to intimidate schools into abandoning lawful efforts to create inclusive learning environments,” added Romero.
According to the ACLU, the “Dear Colleague Letter” violates the 1st Amendment, the 5th Amendment, the Violation of the Administrative Procedure Act, and misrepresents the Supreme Court precedent of Students for Fair Admissions v. Harvard.”
The ACLU maintains the US Department of Education is attempting to impose legal restrictions that are too vague and excessively limit what students are allowed to learn, which violates the 1st Amendment right to free speech.
The ACLU also stated that only the individual educational institutions themselves should be able to dictate the contents of curriculums.
“Teachers are already reporting being afraid to teach for fear of having their teaching deemed unlawful, and that deprives Granite State students of the complete education that they deserve,” said Gilles Bissonnette, legal director of the ACLU of New Hampshire.
