On July 7, 2026, a three-judge panel of the Eleventh Circuit Court of Appeals struck down speech restrictions imposed on professors at Florida's public universities. The restrictions were part of the law promoted by Governor Ron DeSantis, known as the "Stop W.O.K.E. Act."

The contested provisions prohibited any "training or instruction that espouses, promotes, advances, inculcates, or compels" students to believe certain concepts related to race and sex. These included ideas such as one race or sex being morally superior to another, inherent racism or sexism based on race or sex, and assigning personal responsibility or guilt for past actions committed by others of the same race or sex.

The court, in a 2-1 decision authored by Judge Britt Grant and joined by Judge Charles Wilson, referenced the precedent set by Bishop v. University of Alabama (1991), which addressed the extent to which a school may control classroom instruction without infringing on a teacher's First Amendment rights. The panel emphasized that while the state funds and governs public universities, speech restrictions must be carefully balanced against constitutional protections.

The ruling noted that while the Act bars endorsing these concepts, it does not prohibit criticizing them. Moreover, instructors are allowed to introduce these ideas in a neutral, objective manner to permit discussion without endorsement.

The defendants argued that since Florida appropriates public funds for education, it is entitled to dictate speech under the government speech doctrine. However, the court questioned whether such speech restrictions could constitutionally apply to professors during classroom instruction.

This decision highlights ongoing legal debates about academic freedom, government authority, and First Amendment rights within public higher education.

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