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Update on Educational Gag Orders

The academic year is winding down and so are many state legislatures. Activity has decreased significantly around educational gag orders as state legislatures adjourn and/or bills die in committee. We’ve gone from tracking more than 150 bills to just sixty. To date, nearly sixty of the bills we were tracking have died in committee or otherwise failed.

On April 15, Wisconsin governor Tony Evers vetoed another educational gag order that had been passed by the state legislature. And two bills in Iowa failed when that legislature adjourned the week of April 18.

Unfortunately, a handful of EGOs have been signed into law. In Tennessee, the Governor recently signed H.B. 2670, which doesn’t ban the teaching of “divisive concepts” but says neither students nor staff can be required to “endorse” a divisive concept, nor can they be penalized for not doing so. As with many of these bills, the language is troublingly vague, as it does not define or give examples of what it means to “endorse.” Does it include answering questions on a test or completing homework assignments? The bill doesn’t say. A bill in South Dakota was also signed into law at the end of March.

In states like Tennessee, where bills have been enacted, the next important step is to address these ambiguous terms. It will be vital for the state attorney general or similar office to weigh in on or outright define these words. It’s important to pressure state AGs for clarity, and equally important for faculty to make strong arguments as to why classwork should not be included in definitions related to H.B. 2670 or similar bills in other states.

With about twenty states still in session, and dozens of active educational gag orders, threats to academic freedom remain, and we expect to see another wave of activity in the fall seeking to suppress teaching about race and racism.

You can find more information and resources here.

The good news is that faculty, including AAUP members, have been instrumental this year in fighting against and defeating some of the worst legislation.


Educational Gag Orders – March Update

Ten states have already adjourned their regular legislative sessions for the year. As a result, thirty-one educational gag order bills (EGOs) we had been tracking are now inactive. Though special sessions are possible in all adjourned states, they have only been convened in New Mexico and Virginia, where they will focus solely on economic and budget issues.

An additional thirteen bills have died or been tabled in legislatures that are still in session. We’ve gone from tracking 125 bills to tracking fewer than eighty—still a lot, but considerably fewer.

The assault against academic freedom and teaching about racism remains extraordinarily strong, but in addition to the bills that have fallen off our list for this year, we continue to see good news and member success in fighting back.

Last month, I mentioned that HB 1134, a bill in Indiana, had stalled following an extraordinary show of opposition from AAUP members, K–12 teachers, staff, students, and parents. I am glad to tell you that the bill is now effectively dead. AAUP members and chapters in Indiana joined with other organizations and coalitions to make their voices heard, and it worked. The Purdue-West Lafayette AAUP chapter passed a statement in opposition to the bill, which was sent to every legislator who represents the university’s district. Faculty, including AAUP members, at Indiana University Bloomington worked through the group University Faculty for Racial Justice (UFRJ), which was formed specifically to defeat HB 1134. UFRJ gathered over 200 faculty signatures on an open letter that pressured IU to take a stand against the bill. The group organized numerous actions, including phone calls, emails, and faculty testimony at legislative committee hearings. This is the exponential power of collective action. Every person, chapter, and organization that spoke up and showed up combined into one powerful voice that succeeded in stopping HB 1134 in its tracks.

In Georgia, the situation has improved for higher education, which has been removed from all active EGOs. But the legislature there continues to pursue educational gag orders targeting K–12, while simultaneously refusing to hear testimony from students who have expressed opposition to one of the bills (HB 1034).

In Mississippi, SB 2113 was passed by the legislature and approved by governor Tate Reeves. The silver lining is that, out of the eleven bills that had been active in Mississippi, SB 2113 is the least egregious. It prohibits schools (including higher ed institutions) from compelling students to “affirm, adopt, or adhere” to the ideas that 1) one race is superior or inferior to another, or 2) that a person should be “adversely treated” based on their gender, race, etc. There is no enforcement mechanism.

If you or your chapter are looking for ways to make a strong statement regarding academic freedom, consider participating in the April 30 March for Education. Organized by the Missouri Equity Education Partnership, the March for Education is an opportunity to connect and organize with other education professionals, teachers, parents, and concerned community members in a show of strength and support. Legislators determined to attack free speech, free and open inquiry, and academic freedom need to know that we’re not only watching what they do, but that we will not sit quietly on the sidelines while they attempt to censor history and silence faculty. The March for Education website includes step-by-step guidance for hosting a march in your city.

Thank you for everything you’ve done these last few months to fight back against educational gag orders. We’ve experienced some success, and I have no doubt that there’s more success to come with your help!

In solidarity,

Stephanie Lamore, AAUP Government Relations


Educational Gag Orders: February Update

Opposition to educational gag orders (EGOs) has really ramped up over the last month. Here are some of the highlights:

University of South Carolina (U of SC) faculty showed up in force to a state committee hearing where educational gag orders were the only bills on the agenda. Several U of SC faculty members gave testimony, speaking strongly against these censorship bills. Our coalition partners at ACLU SC and NAACP Legal Defense Fund gave testimony as well. When all was said and done, the ratio of “opposed” to “in favor” testimony was more than four-to-one.

In Indiana, a hearing on HB 1134 drew over two hundred people, who showed up to voice their opposition to the proposed educational censorship. The state House committee chamber was so packed that several people were unable to get inside. The Indiana Senate has pulled its version of the EGO, and the House version, though still active, has been significantly watered down. There’s consensus among members of our education coalition that continued pressure on Indiana lawmakers could successfully defeat the bill.

Missouri’s coalition is continuing to apply pressure, culminating in a lobby day that’s planned for March 3. The sole focus will be that state’s educational gag orders. There’s currently an effort among some legislators to combine several of the bills (Missouri has over a dozen) into one omnibus and remove the most extreme language. It’s a step in the right direction, but we’ll continue working to defeat the bills outright.

Those are just three examples of the groundswell of opposition we’re seeing across the country. Members of the education community, along with concerned parents and students, are speaking out against educational gag orders in Wisconsin, Georgia, Alabama, West Virginia, and New York—to name just a few of the places where we’re seeing increased resistance.

For a list of all the active bills we’re tracking, visit our Educational Gag Orders dashboard. And don’t forget to check out our EGO landing page to access our draft op-ed, model legislative resolution, and other resources.

In solidarity,

Stephanie Lamore, AAUP Government Relations

Coming to a classroom near you? GETTY


Educational Gag Orders – January Update

We’re a month into state legislative sessions, and there’s a lot happening around educational gag orders. Here are some of the highlights.

Seventy-one educational gag orders have now been introduced in twenty-three states. Thirty of those bills specifically target higher education, with nearly half including punitive measures of some kind—allowing faculty members to be fired, reducing or eliminating funding either for “prohibited” programs or for the entire institution, or allowing monetary damages to be awarded to claimants who file successful lawsuits against an institution or faculty member. AAUP’s EGO Dashboard provides an overview of state legislation, including a list of upcoming hearings. The dashboard updates in real-time, so bookmark it in your browser and check it often!

Some AAUP state conferences and chapters are already taking action against these censorship bills. The Kentucky conference has joined a broader coalition that held a rally on January 12 to protest the bills that have been introduced there. The event received significant press coverage. And in Missouri and Alabama, we’re exploring opportunities to work with coalitions that are very active in fighting back.

At the national level, the AAUP is part of a working group that aims to develop state-level coalitions so that our organizations can fight back together. Other members of the working group include the National Education Association, American Federation of Teachers, American Civil Liberties Union, African American Policy Forum, NAACP Legal Defense and Educational Fund, and the National Center for Youth Law.

In addition to our defensive efforts, we’re going on offense where possible. We’ve drafted a legislative resolution in support of academic freedom and accurate teaching on race and racism, and are talking with conference leaders in several states where there’s a strong possibility of getting it introduced.

We’ll send another update at the end of February, so be sure to check your inboxes!

If you have questions about anything, would like more information, or would like help in your state, please contact me at slamore@aaup.org.

In Solidarity,

Stephanie Lamore, AAUP Government Relations