Iowa is leading a coalition of 14 states in a legal brief defending an Arkansas law that aims to prevent the teaching of diversity, equity, and inclusion (DEI) and critical race theory (CRT) in K–12 schools.
On July 11, Iowa Attorney General Brenna Bird filed a brief in the U.S. Court of Appeals for the Eighth Circuit in response to a district court’s decision in May that partially blocked enforcement of the law.
Arkansas’s LEARNS Act, which was enacted on March 8, prohibits teachers from promoting CRT. CRT holds that racism is systemic in the United States and that the country’s institutions function to maintain the dominance of white people in society.
The coalition of states argues in the brief that the district court’s partial block of the law could “wreak havoc” on their ability to determine what is taught in their schools.
The states urged the appeals court to “restore order to the curriculum formation process” and make clear that students “cannot force states to include whatever they want in the curriculum.”
They contend, along with Arkansas Secretary of Education Jacob Oliva, that the curriculum set by public schools falls under government speech, giving the state the authority to regulate its content, according to court documents.
Specifically, Iowa’s attorney general and her counterparts argue that the district court’s reliance on the precedent set by Pratt v. Independent School District No. 831 is outdated. They claim that subsequent Supreme Court rulings have established that the government has the right to control its own speech, which includes public school curricula.
Law Challenged
The appeal follows a May ruling by U.S. District Judge Lee Rudofsky that partially blocked the LEARNS Act.The plaintiffs in the case, Little Rock Central High School teachers Ruthie Walls and Colton Gilbert, two Central High students, and the Arkansas State Conference of the National Association for the Advancement of Colored People (NAACP), argued that the law violates First Amendment rights.
The district judge ruled that the measure couldn’t be enforced while Section 16 of the legislation, related to indoctrination, was being legally challenged.
Plaintiffs argue that the law stifles teachers’ ability to provide a comprehensive education and students’ ability to learn.
Judge Rudofsky found that the law can’t be enforced “in a manner that disciplines” the two teachers for teaching CRT or referencing parts of CRT. However, he ruled that they can be disciplined if they compel a student to adopt, affirm, or profess a belief in a theory, ideology, or idea that conflicts with the principle of equal protection under the law.
The coalition of states argues in the appeal that government speech doctrine permits the state to exclude materials that could create racial tension or promote illegal conduct, thereby maintaining an environment conducive to learning.
The brief also contends that the First Amendment does not give students the right to force schools to include certain materials in the curriculum, highlighting the potential conflict with the establishment clause of that amendment.
“The government speech doctrine means States, not students, control the public school curriculum,” the attorneys general stated in the brief, supporting their argument that the Supreme Court “killed” Pratt. “Viewpoint discrimination cases make clear that the State’s subjective intent in making a curricular decision is not up for discussion in First Amendment cases.”
In a July 11 statement, Iowa’s attorney general stressed the importance of creating a “healthy culture” in which kids can learn and grow.
“And most schools and teachers do an amazing job at that,“ Ms. Bird said. ”But when education turns into indoctrination, parents have a right to push back.”
On the other hand, the NAACP has decried opposition to DEI by the plaintiff states.
“The NAACP will continue to use every tool at our disposal to ensure that our constitutional rights are protected and our culture respected,” NAACP President Derrick Johnson said in an April statement announcing the lawsuit.
