July 17, 2025
A federal appeals court has ruled limitations on Arkansas’s curriculum is allowed and does not infringe on first amendment rights.
Arkansas received the green light from a federal court to enforce its ban on critical race theory in public schools, according to a July 16 ruling.
The court ruled that students lack a First Amendment right to mandate specific curriculum content. The 8th U.S. Circuit Court of Appeals went against a preliminary injunction that barred enforcement of the state’s ban. Arkansas’s legislation is part of its overall education reform plan signed in 2023 by Republican Gov. Sarah Huckabee Sanders.
A federal judge had granted an injunction in the petitioner’s favor. However, the appeals court panel said the First Amendment does not require a state to include any given viewpoint in its curriculum.
The three-judge panel stated, “Just as ordinary citizens cannot require the government to express a certain viewpoint … students cannot oblige the government to maintain a particular curriculum or offer certain materials … based on the Free Speech Clause.”
Governor Sanders also expressed support, writing on X, “Huge news out of the 8th Circuit! Arkansas is now CLEARED to enforce its ban on Critical Race Theory and keep woke indoctrination out of schools. Big win for common sense, education freedom – and parents who just want our schools to teach kids how to think, not what to think.”
In a statement, Attorney Mike Laux, representing the plaintiffs, expressed concerns on behalf of his clients. Laux believes enforcement of the ban encroaches on individual and personal rights. He stated his intent to continue pushing back against the government’s stance, as there are still “viable elements” in the suit.
“It gives us pause and concern about a steady erosion of individual rights and protections in this great country. Nonetheless, major aspects of this lawsuit remain viable, and they will proceed in due course.”
The initial lawsuit was filed by two teachers and two students from Little Rock Central High School. There is a broader trend among Republican-led states seeking to regulate classroom discussions on race and gender. While the appeals court reinstated the ban, the underlying legal challenge is still active and headed back to lower courts.
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