Austin v. Lamb

In 2023, the Florida Legislature passed SB 266, which bans the funding of expression that “[a]dvocate[s] for diversity, equity, and inclusion, or promote[s] . . . political or social activism,” and restricts the viewpoints that can be taught in general education courses. Through the regulations implementing SB 266, the state has stripped hundreds of university courses of their longstanding general education status. Florida’s public universities also have denied scholarship and research funding to faculty and students that had been approved in the past, and have cut funding for initiatives promoting diversity, equity, and inclusion. On behalf of educators and the broader university community, the ACLU of Florida and co-counsel filed a federal lawsuit on January 16, 2025, contending that SB 266 violates First Amendment protections by compelling viewpoint-based censorship and undermining the free exchange of ideas in public universities.

In 2023, the Florida Legislature passed SB 266, which bans the funding of expression that “[a]dvocate[s] for diversity, equity, and inclusion, or promote[s] . . . political or social activism,” and restricts the viewpoints that can be taught in general education courses. Through the regulations implementing SB 266, the state has stripped hundreds of university courses of their general education status, including courses that historically have been designated as general education. Florida’s public universities also have denied scholarship and research funding to faculty and students that had been approved in the past, and have cut funding for initiatives promoting diversity, equity, and inclusion. On behalf of educators and the broader university community, the ACLU of Florida and co-counsel filed a federal lawsuit on January 16, 2025, contending that SB 266 violates First Amendment protections by compelling viewpoint-based censorship and undermining the free exchange of ideas in public universities. The district court denied our motion for preliminary injunction on April 2, and we filed an amended complaint on April 8. Defendants filed their motions to dismiss the amended complaint on May 6.