DENVER, Okla. — The U.S. Court of Appeals for the 10th Circuit has heard arguments in a major education censorship case challenging an Oklahoma law that plaintiffs say has chilled classroom instruction across the state.
According to the ACLU, in BERT v. Drummond, the court is reviewing a 2021 law that has significantly affected how teachers approach topics related to race and sex in Oklahoma classrooms.
Students and teachers argue HB 1775 — a law prohibiting instructors from including eight prohibited concepts related to sex and race — is unconstitutional, vague, and has created a chilling effect for educators.
Similar laws and policies have been enacted across the country at state and local levels, with district courts finding many to be unconstitutional. BERT v. Drummond is the first federal case to challenge such a law.
Emerson Sykes, a senior staff attorney with the American Civil Liberties Union’s Speech, Privacy and Technology Project said that “the law’s impossibly vague language, including a sentence with a triple negative, puts teachers in an impossible bind.”
Sykes continued, stating: “They can teach children about hard things in the world around them and risk losing their teaching licenses, or they can self-censor and deprive students of important educational opportunities. This Court has the power to block the law and stop the chill.”
In 2024, a federal court blocked the enforcement of two of the eight prohibited concepts restricting K-12 instruction due to the law being vague and unclear, as it often failed to properly inform educators on what course material is prohibited, along with its potential to prevent discussions of a wide variety of ideas.
This chilling effect could include ideas that are the subject of many current political debates. Such provisions remain enjoined, and the Oklahoma Supreme Court clarified that the law does not apply to academic speech in higher education.
Megan Lambert, legal director for the ACLU of Oklahoma, stated: “It is beyond time our students get back to having open and equitable dialogue about our country’s history — one that includes the experiences and viewpoints of people of color and other marginalized communities, without partisan and discriminatory restrictions. Our history as a state and country cannot be erased, and the ability to discuss and debate ideas, even those that some may find uncomfortable, is a crucial part of our democracy.”
Maya Brodziak, senior counsel with the Lawyers’ Committee for Civil Rights Under Law, also stated: “Students and teachers have suffered under the vagueness of this law for years, and countless Oklahoma children have been deprived of valuable opportunities to learn about themselves and the nation’s history. The First Amendment protects the freedom to learn.”
Additionally, attorneys for the students and teachers argued that HB 1775 does violate students’ First Amendment rights to receive information, and that the court should reject the government’s argument that classroom instruction constitutes “government speech.”
The suit was originally filed in 2021 by the ACLU, the ACLU of Oklahoma, the Lawyers’ Committee, and McDermott Will & Schulte LLP on behalf of a broad group of public school teachers and students.
Supporters of the lawsuit also argue that HB 1775 has created confusion in teaching complex historical and social topics. Many teachers say they now avoid discussions about race, discrimination and inequality because they fear their lessons could be seen as violating the law.
Attorneys for these teachers said the restrictions limit students’ ability to learn about different perspectives and to think critically about history. They argue that open discussions about difficult topics are an important part of education and help students better understand society.
As the case continues moving forward, the court’s decision could play a significant role in shaping how similar education laws are interpreted across the country. The outcome will likely determine how schools balance state policies with students’ First Amendment rights.
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