An Arkansas law banning the teaching of critical race theory in classrooms will be allowed to proceed after a federal appellate court lifted a preliminary injunction in a lawsuit filed by teachers, students, and others who said the law suppresses free speech.
The U.S. 8th District Court of Appeals, in ruling for the state on Wednesday, said that it concluded that "the district court erred by granting a preliminary injunction to the students because they are not likely to succeed on their free speech claim," reports ABC affiliate KATV.
The ban is part of the LEARNS Act, signed in 2023. According to Section 16 of the legislation, the "indoctrination" of students through the teaching of critical race theory, which covers teaching in schools about race in connection with American history, is prohibited.
"With its ruling today, the 8th Circuit continues to ensure that the responsibility of setting curriculum is in the hands of democratically elected officials who, by nature, are responsive to voters," Arkansas Attorney General Tim Griffin said in a statement, reports The Hill.
The lawsuit was filed by teachers and students at Little Rock Central High and the Arkansas State Conference NAACP, and supported by the Arkansas ACLU. It claims that the law suppresses free speech and serves as an example of the government's overreach into classrooms.
The court's ruling also stated that government speech is not subject to First Amendment freedom of speech provisions.
"It gives us pause and concern about a steady erosion of individual rights and protections in this great country," the plaintiffs' attorney, Mike Laux, said in a statement opposing the court's ruling. "Nonetheless, major aspects of this lawsuit remain viable, and they will proceed in due course."
The case will continue in U.S. district court, with the state to continue being allowed to ban discussions on critical race theory in its schools while the lawsuit continues.
Arkansas Gov. Sarah Huckabee Sanders cheered the ruling in a post on X.
"Huge news out of the 8th Circuit!" she said. "Arkansas is now CLEARED to enforce its ban on Critical Race Theory and keep woke indoctrination out of schools. Big win for common sense, education freedom, and parents who just want our schools to teach kids how to think, not what to think."
Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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