MIAMI, Fla. — A federal appeals court has struck down part of Florida’s Stop WOKE Act, ruling that the law’s higher education restrictions violate the First Amendment.
The 11th U.S. Circuit Court of Appeals ruled Tuesday that Florida cannot enforce provisions of the law that restricted how professors at public colleges and universities could discuss race, gender and related concepts in the classroom.
The law, signed by Gov. Ron DeSantis in 2022, placed limits on instruction involving topics such as racism, sexism, privilege and unconscious bias.
It is separate from Florida’s Parental Rights in Education law, which critics called the “Don’t Say Gay” law and focused on classroom instruction about sexual orientation and gender identity.
In its ruling, the appeals court called the higher education provision “a breathtaking assertion of power to ban unpopular ideas from public discourse” in public university classrooms.
The court said the First Amendment protects the ability of students and professors to engage with difficult or controversial ideas in higher education settings.
The ruling came in Pernell v. Lamb, a lawsuit filed in 2022 by the American Civil Liberties Union, ACLU of Florida, Legal Defense Fund and Ballard Spahr on behalf of Florida public university professors.
The plaintiffs argued the law limited what professors could teach and discuss in class.
Leah Watson, a senior staff attorney with the ACLU’s Racial Justice Program, said the ruling protects open discussion in higher education.
“All students and educators deserve to have a free and open exchange about ideas without government control,” Watson said in a statement.
LeRoy Pernell, a Florida A&M University College of Law professor and the named plaintiff in the case, said the decision allows students to discuss issues involving racism without being restricted by the state.
Supporters of the law have argued it was designed to prevent ideological instruction and protect students from being compelled to accept certain views about race, gender or national identity.
The appeals court, however, ruled that the higher education provisions crossed a constitutional line.
“If the First Amendment offers any boundary of protection at all for public university classrooms, this statute crosses it,” the court wrote.
The Stop WOKE Act has faced multiple legal challenges since it was passed. Tuesday’s ruling applies to the law’s higher education provisions.
The state could still seek further review.
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