Pernell v. Florida Board of Governors

On August 18, 2022, the ACLU, ACLU of Florida, Legal Defense Fund, and Ballard Spahr filed a lawsuit challenging the 2022 Florida Legislature’s HB7 (the “Stop W.O.K.E. Act”) on behalf of a group of Florida educators and students in higher education.

The “Stop W.O.K.E.” Act is a classroom censorship bill that severely restricts Florida educators and students from learning and talking about issues related to race and gender in higher education classrooms. The law prohibits educators from teaching or even expressing viewpoints around racism and sexism that are disfavored by Florida lawmakers, even where those viewpoints are widely accepted and considered foundational information in their academic disciplines. The bill specifically targets and places vague restrictions on educators’ ability to teach and discuss concepts around the legacy of slavery in America, white privilege, and anti-racism. Florida is one of nearly 20 states across the country that have passed similar laws aimed at censoring discussions around race and gender in the classroom.

The lawsuit argues the Stop W.O.K.E. Act violates the First and 14th Amendments by imposing viewpoint-based restrictions on educators (including professors, lecturers, and student teaching assistants) and students that are vague and discriminatory. Additionally, it argues the Stop W.O.K.E. Act violates the Equal Protection Clause because it was enacted with the intent to discriminate against Black educators and students.

In August 2022, we filed a motion for preliminary injunction challenging the law’s higher-education provisions, which was granted in November 2022. The state appealed and the Eleventh Circuit heard oral arguments in June 2024. The law remains on hold in higher-education settings as we wait for a ruling on the appeal. Further proceedings in the district court are on hold pending the Eleventh Circuit’s ruling.

The Latest: Oral argument in the Eleventh Circuit was held in June 2024 in Miami. In the meantime, the preliminary injunction remains in place.