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 implementation of this law, the state and universities have limited professors’ academic freedom, including their scholarship. In addition to denying otherwise available research and scholarship funding, the state has stripped hundreds of courses of their longstanding general education status, making it harder for Florida’s students to study ideas the state dislikes.

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 Latest: The court dismissed professors’ claims challenging the restrictions to what they can teach in general education classes, holding that they had not shown that the law was being applied against them. Professor Austin’s challenge to the funding ban continues, with trial scheduled to begin September 14, 2026.