Federal appeals court strikes down part of Florida law on race and gender instruction

A federal appeals panel struck down a significant portion of a 2022 Florida law that limited how professors at public colleges and universities may teach or discuss concepts of race and gender. The 2-1 decision by the 11th Circuit Court of Appeals found that the restrictions breached free-expression protections under the First Amendment.

Judges wrote that the state could not treat professors' speech as government speech simply because it pays their salaries. The ruling removes a key element of the statute, formally called the Individual Freedom Act, from enforcement at Florida's public higher-education institutions.

Earlier court actions The same appeals court blocked the law's workplace provisions in 2024 on similar constitutional grounds. Tuesday's order reinforces the district court's November 2022 injunction that had already halted implementation on campuses.

Statements from parties LeRoy Pernell, a professor at Florida A&M University's college of law and the lawsuit's named plaintiff, said the decision stops the erasure of topics that affect students. Jin Hee Lee, director of strategic initiatives at the Legal Defense Fund, called the statute an effort to force public colleges to adopt the viewpoints of those in power.

Carrie McNamara, staff attorney at the American Civil Liberties Union of Florida, said the ruling ensures higher education is guided by free speech rather than government censorship. No immediate response was reported from state officials.