The judge denied a motion for a preliminary injunction to block the anti-DEI law.
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Ruling in part that professors lack First Amendment protections in the classroom, a federal judge denied an effort from college faculty and students in Alabama to block a 2024 state law that banned diversity, equity and inclusion programs as well as the teaching of so-called divisive concepts.
The plaintiffs, who include students from the University of Alabama at Birmingham and professors at the University of Alabama in Tuscaloosa, argued in court filings and at hearings that the legislation known as Senate Bill 129 amounted to state-sponsored censorship and infringed on their rights under the First and 14th Amendments. The professors alleged that they had to cancel class projects or events and faced other questions about their classroom conduct from administrators because of the law. They’ve also changed course material as a result.
R. David Proctor, chief judge in the U.S. District Court for the Northern District of Alabama, found that while the professors and the Alabama NAACP had standing to sue, they weren’t likely to succeed at this time. For instance, he ruled that the professors aren’t protected by the First Amendment because their “in-class instruction constitutes government speech.”
Furthermore, Proctor wrote, based on other rulings in the U.S. Court of Appeals for the 11th Circuit, “when there is a dispute about what is taught in the classroom, the university’s interests outweigh those of a professor, and the professor’s interest in academic freedom and free speech do not displace the university’s interest inside the classroom.”
The plaintiffs said Proctor’s ruling was disappointing.
“I feel incredibly dismayed that SB 129 is allowed to continue going into the new school year,” said Sydney Testman, one of the students who sued, in a statement. “As a senior at University of Alabama at Birmingham, I’ve seen firsthand how SB 129 has transformed my college campus for the worst. Voices have been silenced, opportunities have been revoked, and meaningful community engagement has faded. This decision undermines the need for students to properly feel a sense of belonging and inclusion on campus.”
