Arkansas cannot prevent 2 teachers from discussing critical race theory in classroom, judge rules

U.S. District Judge Lee Rudofsky has ruled 2 Arkansas high school teachers cannot be prevented by the state from discussing critical race theory in their classrooms.

Students make their way to Little Rock Central High School on Monday, Aug. 24, 2020, for the first day of classes in the Little Rock School District. A federal judge ruled, Tuesday, May 7, 2024, that Arkansas cannot prevent two high school teachers from discussing critical race theory in the classroom, but stopped short of more broadly blocking the state from enforcing its ban on "indoctrination" in public schools. The prohibition is being challenged by two teachers and two students at Little Rock Central High School, site of the 1957 desegregation crisis. (Tommy Metthe/Arkansas Democrat-Gazette via AP)

Both the state and attorneys for the teachers claimed the ruling as an initial victory in ongoing litigation over the law.

"We are very happy that the court has acknowledged that the plaintiffs have brought colorable constitutional claims forward," said Mike Laux, an attorney for the teachers and students who filed suit. "With this notch in our belt, we look forward to prosecuting this incredibly important case going forward."

David Hinojosa, director of the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights Under Law — also representing the plaintiffs in the case — said the ruling "has essentially gutted Arkansas’ classroom censorship law to render the law virtually meaningless."

Republican Attorney General Tim Griffin said the ruling "merely prohibits doing what Arkansas was never doing in the first place."

"Today’s decision confirms what I’ve said all along. Arkansas law doesn’t prohibit teaching the history of segregation, the civil rights movement, or slavery," Griffin said in a statement.

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The lawsuit stems from the state’s decision that an Advanced Placement course on African American Studies would not count toward state credit during the 2023-2024 school year. The teachers' lawsuit argues the state's ban is so vague that it forces them to self-censor what they teach to avoid running afoul of it.

Arkansas is among several Republican-led states that have placed restrictions on how race is taught in the classroom, including prohibitions on critical race theory. Tennessee educators filed a similar lawsuit last year challenging that state’s sweeping bans on teaching certain concepts of race, gender and bias in classroom.

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