A judge in New Hampshire said a law in the state that limited how public schools could teach race and general topics was unconstitutional.
U.S. District Judge Paul Barbadoro issued his ruling Tuesday, the first in the country to overturn a measure for students in kindergarten through 12th grade in public schools, the American Civil Liberties Union of New Hampshire said.
The law banned public schools in the Granite State from discussing "divisive topics" related to race or sex, banning students from being "taught, instructed, inculcated or compelled to express belief in, or support for" the idea they are "inherently superior" to others based on their race, religion, gender identity or other characteristic, the Hill reported.
Two lawsuits were filed, one by two educators and the National Education Association-New Hampshire and the other by the American Federation of Teachers.
Barbadoro said the law, passed in summer 2021, was "unconstitutionally vague" and violated the 14th Amendment. The law was approved following a Trump executive order that blocked federal funding for schools that promoted divisive concepts based on race and sex.
"The banned concepts speak only obliquely about the speech that they target and, in doing so, fail to provide teachers with much-needed clarity as to how the Amendments apply to the very topics that they were meant to address," Barbadoro said in his ruling. "This lack of clarity sows confusion and leaves significant gaps that can only be filled in by those charged with enforcing the Amendments, thereby inviting arbitrary enforcement."
Moms for Liberty New Hampshire had previously offered $500 for anyone who caught a teacher breaking the rule, which Republican Gov. Chris Sununu said was "inappropriate."
The ACLU New Hampshire said the ruling was a win for academic freedom in the state, said Gilles Bissonnette, legal director for the organization.
"This unconstitutional classroom censorship law had no place in New Hampshire," said Bissonnette. "We are grateful to the court for stopping the culture of fear and apprehension perpetuated in Granite State schools under this law."
Sam Barron ✉
Sam Barron has almost two decades of experience covering a wide range of topics including politics, crime and business.
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