A federal appeals panel struck down the higher education component of Florida's Stop Woke Act on Tuesday, ruling 2-1 that the law violates professors' free expression rights under the First Amendment. The decision upholds a preliminary injunction that has blocked the law's university provisions since late 2022.
Judge Britt Grant, writing for the majority joined by Judge Charles Wilson, rejected Florida's argument that classroom instruction constitutes government speech because professors are publicly paid, calling the state's position a "breathtaking assertion of power". Judge Barbara Lagoa dissented, arguing the state retains authority over what professors endorse in state-sponsored classrooms.
The law, signed by Governor Ron DeSantis in 2022, bars professors from endorsing eight tenets of critical race theory. Florida Attorney General James Uthmeier praised Lagoa's dissent. LeRoy Pernell, a Florida A&M University law professor and the named plaintiff, welcomed the ruling.