Florida’s “anti-woke” restrictions on the way university professors teach about race and gender violate the professors’ First Amendment rights, a panel of Eleventh Circuit judges decided.
The ruling affirms a federal district court judge’s finding that the law was impermissible under the Constitution. A divided 2-1 panel for the US Court of Appeals for the Eleventh Circuit said state lawmakers can set the curriculum for state-run universities but don’t have unlimited authority to restrict viewpoints the lawmakers find offensive.
The state’s Stop WOKE Act of 2022, championed by Gov. Ron DeSantis (R), banned the teaching of eight specific concepts associated with critical race theory, white privilege, and affirmative action. The limits applied to K-12 classrooms and public universities, as well as mandatory diversity training in private-sector workplaces.
Judge Mark E. Walker from the US District Court for the Northern District of Florida blocked the private workplace and university restrictions from taking effect in separate 2022 decisions. An Eleventh Circuit panel unanimously agreed with Walker in 2024 on the private workplace provisions, finding those infringed on employers’ First Amendment rights to communicate with their employees.
Judge Britt C. Grant, a Trump appointee, wrote Tuesday’s decision, joined by Clinton-appointed Judge Charles R. Wilson. Judge Barbara Lagoa, also a Trump appointee, dissented and found Florida’s limits on university instruction overcame First Amendment concerns.
The decision is an “unfortunate example of judicial overreach” that interferes with the state’s oversight of taxpayer-funded universities, DeSantis said in a statement posted on social media.
“The Constitution does not block us from fighting back against these ideological fads and from ensuring that our institutions stand on a solid intellectual foundation,” he said.
The American Civil Liberties Union, which represented the plaintiffs, applauded the decision as a win for free speech in university classrooms.
“This ruling sets a strong precedent that higher education cannot be limited to the whims of politicians,” said Leah Watson, senior staff attorney with the ACLU’s Racial Justice Program. “All students and educators deserve to have a free and open exchange about ideas without government control.”
In addition to the ACLU, attorneys from Ballard Spahr LLP, the Foundation for Individual Rights and Expression, and the NAACP Legal Defense and Educational Fund represented the students and professors challenging the Florida law.
Attorneys from Cooper & Kirk PLLC represented the state officials defending the statute.
The case is Pernell v. Fla. State Bd. of Ed., 11th Cir., No. 22-13992, 7/7/26.
