BURSTU.S. District Judge David Proctor declined to impose a preliminary injunction blocking a law that bans diversity, equity and inclusion (DEI) initiatives, along with the teaching of “divisive concepts,” in public schools and universities.
The judge ruled the University of Alabama professors and students did not meet the standard for a preliminary injunction after they argued the law violates their First Amendment rights. The case will continue but the law will remain in place for now.
The Alabama law, which went into effect last October, prohibits schools from hosting or funding DEI programs and outlaws “divisive concepts” such as making one feel guilty or complicit about past or present actions because of their race or ethnicity.
The judge argued this law does not prohibit professors from teaching these subjects, but “it expressly permits classroom instruction that includes ‘discussion’ of the listed concepts so long as the ‘instruction is given in an objective manner without endorsement’ of the concepts.”
“If, alternatively, the theory she teaches about is that there is empirical evidence that racism may be a cause for health disparities, or if she frames such teaching as merely a theory, she would not violate SB 129,” the judge wrote in his decision.
The professors argued they have changed lessons plans due to the law and that it violates their academic freedom.