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OKLAHOMA CITY 鈥� Teachers and students in Oklahoma filed a brief in the 10th Circuit Court of Appeals this week asking the court to enjoin the state's classroom censorship law in its entirety. HB 1775 restricts teachers鈥� abilities to discuss race, sex, and American history in the classroom, and since its passage in 2021 and throughout the lifecycle of the case, the law has contributed to widespread fear and self-censorship among educators.

鈥淪tudents in Oklahoma deserve the opportunity to learn the full truth about American history, something that is currently impossible under HB 1775,鈥� said Emerson Sykes, senior staff attorney with the ACLU鈥檚 Speech, Privacy, and Technology Project. 鈥淲e are proud to have had success striking down the higher education provisions in this censorial law, and we will continue to work to ensure that K-12 classrooms can be open and free so that teachers no longer fear repercussions for doing their jobs and students can enjoy a rigorous, inclusive education.鈥�

The district court in BERT v. Drummond enjoined part of HB 1775 but left much of the law in place. Now, the ACLU and partners, on behalf of a diverse group of teachers and students, ask the 10th Circuit to enjoin HB 1775 in its entirety because the law violates the 14th Amendment by failing to provide teachers notice of what the law prohibits and the First Amendment by denying students the right to receive information. The 10th Circuit has the opportunity to issue the first circuit court opinion striking down a classroom censorship statute, setting a powerful precedent nationwide.

鈥淎nyone who is concerned about free speech and free expression should be concerned about this law,鈥� said Rebecca Barrett, staff attorney with the ACLU of Oklahoma. 鈥淎nyone who is concerned about education should be concerned about this law. It is a blatant attack on public education in America, and that is why we are now asking the Tenth Circuit to enjoin the law in its entirety and to ensure Oklahoma students have access to a robust and inclusive education.鈥�

As part of their appeal, the government asserts that curriculum and book choices constitute 鈥済overnment speech.鈥� If adopted, this theory could remove K-12 classrooms from First Amendment scrutiny altogether, leaving classrooms totally unprotected from partisan, political interference with children鈥檚 education.

"The State's use of the government speech doctrine to try and defend HB 1775 should concern everyone,鈥� said Maya Brodziak, senior counsel with the Lawyers鈥� Committee for Civil Rights Under the Law. 鈥淭heir argument is that every time a teacher speaks in class, the teacher speaks only as the government's mouthpiece. School, however, is not a place where students go to learn only what the government believes but rather to learn how to think about and analyze a variety of viewpoints 鈥� including but not limited to 鈥� the view adopted by the government."

The lawsuit was originally filed in 2021 in the United States District Court for the Western District of Oklahoma by the 老熟女午夜福利, ACLU of Oklahoma, the Lawyers Committee for Civil Rights Under Law, and pro bono counsel McDermott Will & Schulte LLP on behalf of a wide range of plaintiffs across higher ed and K-12 schools, including the Oklahoma State Conference of the National Association for the Advancement of Colored People (NAACP-OK); the American Indian Movement (AIM) Indian Territory on behalf of itself and its members who are public school students and teachers; a high school student; and Oklahoma public high school teachers Anthony Crawford and Regan Killackey.

Amicus briefs were filed by a wide range of civil rights and educational advocacy groups, including Oklahoma Appleseed, the NAACP鈥檚 Legal Defense Fund, the Southern Poverty Law Center, the American Federation of Teachers, and the National Academy of Education.

The 10th Circuit brief can be viewed here.