The court also left in place a preliminary injunction preventing K-12 schools from implementing confusing bans on teaching related to race and gender
OKLAHOMA CITY – The Oklahoma Supreme Court ruled today that the state’s 2021 classroom censorship law does not apply to academic speech in higher education. The decision also leaves in place a preliminary injunction that prevents the enforcement of vague and borderline nonsensical prohibitions on instruction in K-12 schools. The suit was originally filed in 2021 on behalf of a diverse group of plaintiffs in K-12 and higher education.
“Almost four years since the initial filing, students and professors at Oklahoma’s universities and colleges have a clear answer: HB 1775 does not apply in Oklahoma’s higher education classrooms,” said Adam Hines, legal fellow at the ACLU of Oklahoma. “For far too long our educators have felt the impact of HB 1775 and its attempt to censor discussions about race and gender in the classroom. But this answer for higher education is only half the battle. Parts of HB 1775 remain in effect in K-12 schools, and we will continue to fight for the rights of Oklahoma’s K-12 students and families to receive an equitable education where they can freely learn and talk about the history, experiences and viewpoints of all marginalized communities in this country.”
Last year, a lower court also blocked the enforcement of two provisions restricting K-12 instruction because they are vague, fail to let educators know what course material is prohibited, and could prevent discussions of a wide variety of ideas, including those that are the subject to current political debates. These provisions remain enjoined. The state Supreme Court did not weigh in on the constitutionality of any of the provisions.
“This decision provides needed clarity to Oklahoma’s higher education instructors, and we are pleased with the outcome,” said Emerson Sykes, senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “Students in higher education expect to be challenged and to debate difficult ideas, and they expect their instructors to help them learn and grow – not stick to government-approved talking points.”
The lead authors of the law in the state House and Senate declared the intent behind HB 1775 was to prohibit conversations related to “implicit bias,” “systemic racism,” and “intersectionality,” among other concepts. In the lawsuit, the groups argue that HB 1775 unlawfully silenced students’ and educators’ speech through its vague and overbroad terms. It also intentionally targeted and denied access to equitable, culturally relevant teaching and ideas that reflect the history and lived experiences of students of color, LGBTQ students, and young women and girls.
The case will now go back to federal court where a partial preliminary injunction is in place. Cross-appeals have been filed in the Court of Appeals for the Tenth Circuit which are expected to proceed shortly.
“This ruling is another significant victory in the fight to end classroom censorship in Oklahoma” said Douglas Koff, partner at pro-bono cocounsel Schulte Roth & Zabel. “By confirming that HB 1775 does not apply to the higher education classroom, this decision allows Oklahoma’s college students and professors to have open and honest conversations about their history. We look forward to working alongside the ACLU, ACLU-OK, and Lawyers’ Committee in the continued fight to invalidate this law.”
“Today's decision ensures that at colleges and universities in Oklahoma, teachers can teach and students can learn about our country's history in full – including topics like systemic racism, gender inequality and LGBTQ+ rights,” said Maya Brodziak, senior counsel with the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights Under Law. “Our country needs to acknowledge and reckon with its history of systemic racism — this includes being able to teach and talk about these concepts in our schools. A prohibition on talking honestly about issues of race and racism hurts all students and society.”
The lawsuit was filed by the American Civil Liberties Union, ACLU of Oklahoma, the Lawyers’ Committee for Civil Rights Under Law, and pro bono counsel Schulte Roth & Zabel LLP on behalf of plaintiffs the Black Emergency Response Team (BERT); the University of Oklahoma Chapter of the American Association of University Professors (OU-AAUP); the Oklahoma State Conference of the National Association for the Advancement of Colored People (NAACP-OK); the American Indian Movement (AIM) Indian Territory on behalf of itself and its members who are public school students and teachers; a high school student; and Oklahoma public high school teachers Anthony Crawford and Regan Killackey.