In April 2024, a group of students and teachers from Little Rock Central High School, along with the NAACP Arkansas State Conference, filed a federal lawsuit challenging Section 16 of the LEARNS Act.
Plaintiffs argued that the LEARNS Act’s prohibition on “indoctrination” is unconstitutionally vague, infringing teachers’ First and Fourteenth Amendment rights and causing them to censor themselves out of fear of professional consequences, and violates students’ First Amendment right to receive information.
The plaintiffs asked the court for a preliminary injunction against Section 16, barring the State from enforcing the Act until the lawsuit is resolved.
On May 7, 2024, the judge granted, in part, Plaintiffs’ motion for preliminary injunction based on the fact that State Defendants did not have a legitimate educational purpose for denying students’ access to lessons and materials involving or related to Critical Race Theory.
The judge also acknowledged that teachers were unnecessarily censoring their lessons and provided helpful insight into what the law does and does not prohibit. Here’s what you should know.
Are teachers allowed to teach about Critical Race Theory?
The Court said that Section 16 of the LEARNS Act “does not prohibit teachers from teaching about, using, or referring to Critical Race Theory or any other theory, ideology, or idea so long as the teachers do not compel their students to accept as valid such as theory, ideology, or idea.”
What this means:
- Teachers are free to teach about Critical Race Theory or any other controversial idea without fear of violating the law.
- You can ask about these topics in class without worrying that your teacher will get in trouble.
Are there any restrictions on what teachers can say about CRT?
Under Section 16, the only thing teachers are prohibited from doing is compelling a student to accept that Critical Race Theory, or any other ideology that conflicts with the principle of equal protection, is correct.
What this means:
Teachers can ask you to adopt a certain position for an assignment, like a class debate or paper. The only thing they cannot do is try and make you change your personal beliefs on an issue like Critical Race Theory.
What does it mean to “compel” students to change their personal beliefs?
The Court provided examples of what a teacher compelling a student could look like. They include things like:
- A teacher grading or threatening to grade on the basis of whether a student accepts or rejects a theory, ideology, or idea.
- A teacher giving or promising preferential treatment to a student based on that student’s declaration of agreement or disagreement with a specific theory, ideology, or idea.
- A teacher denigrating a student on the basis of his or her agreement or disagreement with an idea or theory.
Are there any ideas or topics that are required to be censored in the classroom?
Teachers should not censor any materials, ideas, or discussions from their curriculums or classroom.
This means you are free to ask questions, seek more information, or choose topics for your assignments relating to Critical Race Theory, African American History, or systemic racism without worrying about you or your teachers getting in trouble.
