The U.S. District Court of New Hampshire has made history by striking down a state law that restricted classroom discussions on racism, sexism, and other forms of oppression. This landmark decision sets a precedent for other states grappling with similar laws.
Federal judge Paul Barbadoro ruled in favor of teachers’ unions, stating that the law imposed “viewpoint-based restrictions on speech” and forced educators to navigate a murky landscape of what topics were permissible in the classroom. The law, known as the “Right to Freedom from Discrimination in Public Workplaces and Education,” was passed in 2021 and prohibited teachers from discussing inherent racism, sexism, or oppression.
The ruling was celebrated by civil rights advocates, with Emerson Sykes from the ACLU calling it an “important win for educators and students.” However, the New Hampshire Department of Education is considering an appeal, which could escalate the case to the U.S. Circuit of Appeals for the First Circuit in Boston.
The lawsuit was brought forth by a coalition of teachers’ unions, LGBTQ and disability rights advocates, and the ACLU-NH, who argued that the law was vague and had a chilling effect on classroom discussions. The judge agreed, stating that the ambiguity of the law put teachers in a difficult position of risking their careers or avoiding certain topics altogether.
The role of New Hampshire Education Commissioner Frank Edelblut was also scrutinized in the ruling, with the judge highlighting his support for the law and its arbitrary enforcement. This decision marks a significant victory for educators and students in New Hampshire and sends a clear message about the unconstitutionality of bans on inclusive education.