The American Civil Liberties Union (ACLU) of Florida and the law firm Gibson, Dunn & Crutcher LLP filed a federal lawsuit challenging Florida Senate Bill 266 (S.B. 266), legislation passed in 2023 that imposes sweeping restrictions on discussions of diversity, equity, and inclusion (DEI) in the state’s public universities.
The suit argues that the law violates First Amendment protections and stifles academic freedom by compelling viewpoint-based censorship.
The lawsuit, filed in the Northern District of Florida on behalf of professors and the broader academic community, seeks to overturn the law, which plaintiffs argue has disrupted university operations, harmed academic careers, and curtailed intellectual freedom on campuses statewide.
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“This law dismantles essential programs and silences critical discussions that are the cornerstone of higher education,” said Jerry Edwards, staff attorney for the ACLU of Florida. “It sets a dangerous precedent that threatens intellectual freedom and democracy in higher education, not only in Florida but across the nation.”
Dr. Sharon Austin, a lead plaintiff and tenured professor, described how the law has disrupted courses she has taught for decades. “The vague and overly broad language of S.B. 266 forces educators to self-censor, depriving students of a comprehensive education,” Austin said. Other plaintiffs include professors from Florida International University (FIU), the University of Florida, and Florida State University, whose courses were stripped of their general education designation due to the law.
The lawsuit contends that S.B. 266 violates the First Amendment by compelling censorship of viewpoints the legislature deems unfavorable. It also challenges the law as overly broad, providing little clarity on what constitutes a violation, leaving educators uncertain about how to comply.
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Under the DEI-related bill (SB 266), colleges and universities will be prevented from spending state or federal money to promote, support, or maintain programs or campus activities that “advocate for” diversity, equity, and inclusion.
Schools also will not be able to spend money on programs or activities that “promote or engage in political or social activism” as defined by the State Board of Education or the university system’s Board of Governors.
In May of 2023. University system Chancellor Ray Rodrigues, a former Republican state senator, touted the bill as providing for the “dismantling of the DEI bureaucracy that has grown up on our campuses.”
However, the United Faculty of Florida sharply opposed the measure during the 2023 legislative session. Andrew Gothard, the union’s president and a professor at Florida Atlantic University, slammed DeSantis’ signing of the bill, saying it shows the governor’s “authoritarian approach” to education.
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The lawsuit, filed Thursday, also aims to prevent S.B. 266 from emboldening similar measures in other states. “This case is about preventing viewpoint-based censorship and safeguarding the free exchange of ideas in higher education,” said Lee Crain, a partner at Gibson, Dunn & Crutcher LLP.
The outcome of the case could set a significant precedent for the balance between state power and academic freedom in public universities. A favorable ruling for the plaintiffs could reaffirm constitutional protections for educators and students nationwide. The lawsuit also seeks to ensure that Florida’s public universities remain spaces where ideas flourish without fear of political reprisal.
“This lawsuit is a critical part of our effort to protect the cornerstone of democracy—free expression,” said Bacardi Jackson, executive director of the ACLU of Florida. “The stakes could not be higher, and we call on everyone who values freedom, education, and the First Amendment to join us in this pivotal battle.”
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