LITTLE ROCK, Ark. — A federal judge ruled partially in favor of a group of students and educators who argued a section of the LEARNS Act that bans "indoctrination" violated their rights afforded under the First and Fourteenth amendments.
The 50-page ruling by U.S. District Court Judge Lee Rudofsky focused on the language of Section 16 in the act and the preliminary injunction.
That section specifically prohibits critical race theory as well as any "teaching that would indoctrinate students with ideologies" that conflicts with the language in the LEARNS Act. The section also allows Education Secretary Jacob Oliva make sure that any teaching is in compliance with section of the Civil Rights Act of 1964.
Students and teachers content that the section is "so vague as to violate due process" and that educators are "self-censoring" how they teach.
In his ruling, Rudofsky barred the enforcement or implementation of Section 16 that would discipline the teachers for teaching or using critical race theory, but may be disciplined if they compel "a student to adopt, affirm, or profess a belief in a theory, ideology, or idea" that conflicts with the law.
Rudofsky also said in his order that the "scope of the prohibitions" in the section have been "interpreted very broadly" by Arkansas officials. The judge cites a tweet by Governor Sarah Huckabee Sanders that states critical race theory would be "outlawed" and Sec. Oliva removing the AP designation to an AP African-American Studies course. Rudofsky also noted that Oliva and other education officials talked to the press that the class could violate state law.
The judge also said that teachers self-censoring is because "they believe Section 16 prohibits the mere teaching of anything that might fall within an unsophisticated definition of critical race theory."
“The Central High plaintiffs are very happy with Judge Rudofsky’s ruling on their injunction motion—the State cannot interfere with Arkansas students’ education in this way," said Mike Laux, one of the attorneys representing the students and teachers in the case. "This decision confirms the strong factual basis for our case and portends favorably for future decisions. We look forward to prosecuting this important constitutional case in the coming months.”
Arkansas Attorney General Tim Griffin said the decision "confirms" that the law "doesn’t prohibit teaching the history of segregation, the civil rights movement, or slavery."
"I’m pleased that the District Court entirely rejected the Plaintiffs’ vagueness claims. And the very limited injunction merely prohibits doing what Arkansas was never doing in the first place," Griffin said. "I look forward to continuing our enforcement of the statute as written rather than as Plaintiffs would choose to wrongly interpret it.”
You can read the full ruling by clicking here.