{"id":333996,"date":"2026-07-09T04:31:22","date_gmt":"2026-07-09T04:31:22","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-fl\/333996\/"},"modified":"2026-07-09T04:31:22","modified_gmt":"2026-07-09T04:31:22","slug":"federal-appeals-court-affirms-floridas-stop-woke-act-is-unconstitutional","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-fl\/333996\/","title":{"rendered":"Federal Appeals Court Affirms Florida\u2019s \u201cStop WOKE Act\u201d Is Unconstitutional"},"content":{"rendered":"

Support justice-driven, accurate and transparent news \u2014 make a quick donation<\/a> to Truthout today!\u00a0<\/p>\n

Instead of the state determining what will be taught in university classrooms, students must be free to hear and consider even officially disfavored ideas presented to them by professors, a federal appeals court ruled Tuesday.<\/p>\n

More than two years after oral arguments in a case challenging the 2022 law dubbed the Stop WOKE Act, two out of three judges on a U.S. Court of Appeals for the 11th Circuit panel affirmed two lower courts\u2019 rulings that the law is unconstitutional. <\/p>\n

The Stop WOKE Act tried to curb teaching identity-based content such as Critical Race Theory, which experts<\/a> say is about \u201cacknowledging how racial disparities are embedded in U.S. history and society.\u201d<\/p>\n

Gov. Ron DeSantis, at the time amassing<\/a> a record he would cite while running for the GOP nomination for president, wanted to stop what he called \u201cindoctrination\u201d in classrooms.<\/p>\n

\u201cThe ideas Florida targets may well be noxious. Or maybe not. Either way, in this context the First Amendment trusts students to figure it out for themselves,\u201d Judge Britt Grant, an nominee of President Donald Trump, wrote for the majority in a 52-page<\/a> ruling.<\/p>\n

Related Story<\/p>\n


\n \"Florida
\n <\/a><\/p>\n

\n \u201c[The law] penalizes certain viewpoints \u2014 the greatest First Amendment sin,\u201d the appeals panel said.\n <\/p>\n

Judge Charles Wilson, who was appointed by former President Bill Clinton, joined Grant in the majority. <\/p>\n

The law prohibited teaching that \u201cpromotes\u201d or \u201ccompels\u201d students to believe eight concepts spelled out in statute, including:<\/p>\n

That any race is \u201cmorally superior.\u201d<\/p>\n

That anyone is \u201cinherently racist, sexist, or oppressive.\u201d<\/p>\n

Someone is responsible for actions committed in the past by members of their race.<\/p>\n

That \u201csuch virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist.\u201d<\/p>\n

Grant questioned how one might referee alleged violations of the law.<\/p>\n

\u201cJust to name one, what does \u2018morally superior\u2019 encompass, and against whose perspective is it measured?\u201d she wondered. <\/p>\n

The 11th Circuit had already ruled part of that same law unconstitutional<\/a> in 2024 \u2014 the piece prohibiting mandatory private workplace trainings endorsing diversity based on race, sex, and nationality. <\/p>\n

\u201cThe language here is identical, but the academic context puts us at an unprecedented First Amendment intersection: viewpoint discrimination meets public-employee speech, meets government speech, meets academic freedom,\u201d Grant wrote. <\/p>\n

It was the second loss<\/a> before the 11th Circuit for the DeSantis administration on a \u201cwoke\u201d higher education issue in as many days.<\/p>\n

\u201cIf the First Amendment offers any boundary of protection at all for public university classrooms, this statute crosses it,\u201d Grant wrote.<\/p>\n

The Phoenix has asked representatives of DeSantis and Attorney General James Uthmeier for comment but hasn\u2019t heard back yet.<\/p>\n

Uthmeier did comment on X<\/a>: \u201cAccording to the CA11 panel majority, public university professors have a First Amendment right to teach white supremacy and critical race theory, and the legislature cannot pass laws that say otherwise. Totally incoherent and inconsistent with the intent of the First Amendment.\u201d<\/p>\n

Combination<\/p>\n

The court combined two groups of professors\u2019 lawsuits into one. One was filed in 2022 by University of South Florida Latin American history professor Adriana Novoa and one student who said the law constrained discourse. <\/p>\n

The other lawsuit, with lead plaintiff LeRoy Pernell, a law professor at Florida A&M University, was filed days after the other suit by professors from across the state and a student. <\/p>\n

Both cases were appealed to the 11th Circuit and consolidated. <\/p>\n

The majority felt penalties for violating the laws were \u201csteep.\u201d Universities found in violation were subject to losing performance-based funding, worth millions of dollars annually, as well as potential termination for professors who refuse to comply. <\/p>\n

\u201cModeration is said to be found in the fact that professors will have the opportunity to clean up their courses after shortcomings are identified. What a remarkable suggestion \u2014 that we should bless an unclear, viewpoint-based speech ban simply because the government says it will refrain from penalizing the speaker until after it gives a warning. That is a dark kind of mercy,\u201d Grant wrote.<\/p>\n

When signing the law, DeSantis viewed it as stopping \u201cindoctrination\u201d in classrooms. <\/p>\n

Critics argued it would whittle away at academic freedom afforded to professors, who\u2019ve spent years researching their disciplines.<\/p>\n

\u201cThe State asks us to consider its rules a means of targeting discrimination,\u201d Grant wrote. \u201cBut hearing an idea you disagree with is not discrimination; it is an opportunity to come up with a better idea, or maybe even change your mind.\u201d<\/p>\n

The state\u2019s approach framed professors\u2019 speech as something to be controlled by the state.<\/p>\n

\u201cBecause the government pays the professors\u2019 salaries, Florida says, their speech is the State\u2019s speech. Emphatically no. The Florida defendants cannot \u2018put together half a donkey and half a camel, and then ride to victory on the synthetic hybrid,\u2019\u201d Grant wrote.<\/p>\n

The state attempted to argue it was trying to \u201cprotect its \u2018most cherished ideals,\u2019\u201d Grant wrote, not buying the argument.<\/p>\n

\u201cThough the government has plenty of ways to promote its own viewpoint, puppeteering every university professor in the state is not one of them,\u201d Grant wrote. <\/p>\n

Following oral arguments more than two years ago, the Phoenix reported, \u201cThe state of Florida is free to forbid college professors from criticizing the governor in the classroom, an attorney argued on behalf of the state.\u201d <\/p>\n

Two years later, the panel responded, explicitly mentioning the exchange in which the state argued it could censor professors from talking poorly about a particular gubernatorial administration. <\/p>\n

\u201cWe give the State credit for not feigning limits that its theory lacks, but the chimeric government speech doctrine it conjures cannot withstand constitutional scrutiny,\u201d Grant wrote. <\/p>\n

During oral arguments in 2024, the panel of judges asked the state\u2019s attorney, Charles Cooper, whether the administration was OK with students in Florida learning entirely different sets of facts than in states with different politics. <\/p>\n

\u201cThat\u2019s the genius of federalism, your honor,\u201d Cooper said. \u201cThese are state institutions and the states themselves get to make decisions on the content of the courses taught in their schools, and that includes viewpoints, your honor.\u201d If professors cannot conform to the state\u2019s commands, Cooper said, they can seek states \u201cfriendlier to their viewpoints.\u201d<\/p>\n

Dissent<\/p>\n

One of the three judges dissented \u2014 Barbara Lagoa, a Trump appointee (and former DeSantis appointee to the Florida Supreme Court). <\/p>\n

\u201cPut simply, the statute distinguishes between the discussion and debate of discriminatory ideologies, which is permissible, and their endorsement or promotion by the professor, which is not,\u201d Lagoa wrote. <\/p>\n

Lagoa argued the law allows professors to discuss \u201cdiscriminatory concepts but not endorse or compel them.\u201d <\/p>\n

\u201cConsider a professor who says that Hamas\u2019s October 7th attack on Israel was \u2018exhilarating\u2019 and something to be celebrated and encouraged. If the professor made that statement as part of classroom instruction, would a Jewish student feel at liberty to wear his kippah or voice contrary views in the classroom, in a graded paper, or on an exam? Doubtful,\u201d Lagoa wrote.<\/p>\n

Reaction<\/p>\n

One of the cases was argued by attorneys with the ACLU and the other by the Foundation for Individual Rights and Expression.<\/p>\n

\u201cWe are thrilled the court has stopped the erasure of topics that have real implications for our students, allowing them to learn, discuss, and develop tools for combatting the complex issue of racism in our country without being gagged by those who would dictate that only state-approved thought may be promoted,\u201d Pernell, a Florida A&M University College of Law professor and plaintiff in this lawsuit, said in a news release from the ACLU. <\/p>\n

\u201cOur classrooms are meant to be rooms of curiosity, creativity, and learning. When we stifle this kind of critical thinking, we risk losing our education system as we know it,\u201d said Carrie McNamara, senior staff attorney for the ACLU of Florida.<\/p>\n

According to FIRE, six other circuits have ruled similarly on similar laws, and no courts have reached a different result. <\/p>\n

\u201cToday\u2019s important decision means that college remains a place where professors and students are allowed to debate controversial topics \u2014 even if politicians disagree with them,\u201d FIRE attorney Greg H. Greubel said in a news release. \u201cToday\u2019s ruling makes clear something we\u2019ve known for a long time: Governments cannot censor their way to freedom.\u201d <\/p>\n

Other reactions included:<\/p>\n

PEN America Florida director William Johnson: \u201cColleges and universities prepare students to weigh evidence, challenge assumptions, and wrestle with competing ideas. The freedom to read and the freedom to learn depend on the freedom to teach. Florida students deserve classrooms where educators can present challenging ideas without fear of government punishment.\u201d<\/p>\n

Florida Education Association President Andrew Spar: \u201cFor too long, ideas and concepts that encouraged critical thinking were blocked simply because some Florida leaders didn\u2019t agree. This ruling is clear \u2014 you cannot limit the rights of others just because you don\u2019t like what they say.\u201d<\/p>\n

United Faculty of Florida President Robert Cassanello: \u201cThe Governor and lawmakers cannot compel us to repeat state drafted political speech to our students. Our First Amendment right to free speech has never and will never hinge on who happens to lead our state.\u201d<\/p>\n

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This piece was reprinted by Truthout with permission or license. It may not be reproduced in any form without permission or license from the source.<\/p>\n","protected":false},"excerpt":{"rendered":"Support justice-driven, accurate and transparent news \u2014 make a quick donation to Truthout today!\u00a0 Instead of the state…\n","protected":false},"author":2,"featured_media":333997,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[28,30,29],"class_list":["post-333996","post","type-post","status-publish","format-standard","has-post-thumbnail","category-florida","tag-florida","tag-florida-headlines","tag-florida-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/333996","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/comments?post=333996"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/333996\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media\/333997"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media?parent=333996"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/categories?post=333996"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/tags?post=333996"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}