The American Civil Liberties Union (ACLU), along with its New Hampshire and Massachusetts branches, and the National Education Association (NEA) have filed a lawsuit against the U.S. Department of Education in a federal court in New Hampshire. The lawsuit challenges a recent directive from the Department that threatens to cut federal funding for educational institutions engaged in diversity, equity, and inclusion (DEI) efforts.
The plaintiffs argue that the Department's February 14 "Dear Colleague Letter" overreaches legal authority by imposing vague restrictions that infringe on due process and First Amendment rights. It is claimed to limit academic freedom and improperly dictate educational content.
Becky Pringle, president of the NEA, stated: “Across the country educators do everything in their power to support every student — no matter where they live, how much their family earns, or the color of their skin — ensuring each feels safe, seen, and is prepared for the future. Now, the Trump administration is threatening to punish students, parents and educators in public schools for doing just that: fostering inclusive classrooms where diversity is valued, history is taught honestly, and every child can grow into their full brilliance.”
According to Anthony D. Romero, ACLU executive director: “For over a century, the ACLU has fought unlawful efforts to muzzle free speech by over-zealous government officials. It’s clear that the Trump administration is trying to shut down speech it doesn’t like – especially when it deals with race in our educational institutions."
The lawsuit asserts four main legal challenges against this directive:
1. Violation of the First Amendment: The letter allegedly restricts free speech by prohibiting discussions about race and DEI programs.
2. Violation of the Fifth Amendment: The letter reportedly lacks clarity on prohibited practices leading to arbitrary enforcement.
3. Violation of Administrative Procedure Act (APA): The directive imposes new obligations without proper justification.
4. Misrepresentation of Supreme Court Precedent: It allegedly misinterprets a 2023 Supreme Court decision related only to admissions factors.
Gilles Bissonnette from ACLU New Hampshire commented on similar past actions saying: “Like New Hampshire’s classroom censorship law that we successfully challenged in court, this unconstitutionally vague letter is an attack on educators who are simply doing their job.”
Educators nationwide report feeling pressured by these developments as they fear repercussions under ambiguous regulations.
