Florida Educators File Federal Lawsuit to Challenge Florida’s S.B. 266, Defending Academic Freedom and Free Speech

Legal action aims to halt government overreach and safeguard intellectual freedom in higher education

MIAMI, FL — The American Civil Liberties Union of Florida and Gibson, Dunn & Crutcher LLP filed a federal lawsuit challenging Florida Senate Bill 266 (S.B. 266), a law passed in 2023 that curtails academic freedom by imposing restrictions on university programs and discussions related to diversity, equity, and inclusion (DEI) - concepts that tend to be broadly construed to chill discourse, teaching and research on a large range of academic subjects. The lawsuit, filed on behalf of educators and the broader university community, contends that S.B. 266 violates First Amendment protections by compelling viewpoint-based censorship and undermining the free exchange of ideas in public universities.

“S.B. 266 represents an alarming overreach of government control, threatening the very foundation of free expression in Florida’s public universities,” said Jerry Edwards, Staff Attorney for the ACLU of Florida. “This law dismantles essential programs and silences critical discussions that are the cornerstone of higher education. Through this lawsuit, we are fighting to protect the rights of educators and students to engage in open, uninhibited dialogue without the looming threat of state interference. Allowing this law to stand continues a dangerous precedent, emboldening other states to adopt similar measures and casting a chilling effect on academic inquiry nationwide. The future of intellectual freedom in American universities is at stake, and we must act now to defend it.”

Since taking effect, S.B. 266 has:

• Restricted or Eliminated Courses: Faculty members have had to cancel or significantly alter courses addressing race, gender, and systemic inequities. Dr. Sharon Austin, Jean Rahier, and Andrea Queeley, tenured professors, saw their courses stripped of general education status, limiting student access to critical perspectives.
• Cut Funding for DEI Initiatives: University programs focused on promoting diversity, equity, and inclusion have lost crucial funding, impacting student organizations and educational events.
• Impeded academic research: Faculty members have had to forego presenting their research at academic conferences due to discriminatory funding restrictions.
• Stifled Student Voices: Student groups that host cultural and educational events fear restrictions due to reduced funding and unclear guidelines.

“The vague and overly broad language of S.B. 266 forces educators to self-censor, depriving students of a comprehensive education,” said Dr. Sharon Austin, a tenured professor and lead plaintiff in the case. “This lawsuit is about preserving the right to learn and teach without political interference.”

This legal challenge comes as other states further similar legislation aimed at regulating academic content. A favorable ruling in this case could set a critical state and national precedent, ensuring that academic freedom and free speech remain protected in higher education institutions. “This case is about preventing viewpoint-based censorship and safeguarding the free exchange of ideas in higher education,” said Lee Crain, a partner at Gibson, Dunn & Crutcher LLP.

The ACLU calls on students, educators, policymakers, and advocates to join the effort to protect free speech and academic freedom. “This lawsuit is a critical part of our effort to protect the cornerstone of democracy—free expression. We stand united to ensure that Florida’s universities remain spaces where ideas can flourish, truths can be pursued, and diverse voices can be heard without fear of political interference or reprisal. The stakes could not be higher, and we call on everyone who values freedom, education, and the First Amendment to join us in this pivotal battle,” said Bacardi Jackson, Executive Director of the ACLU of Florida.

A copy of the complaint can be viewed here.