The 8th U.S. Circuit Court of Appeals ruled Wednesday to allow Arkansas to enforce a classroom ban on critical race theory.
The three-judge panel rejected arguments from students that the state was violating their First Amendment rights by restricting the teaching.
“Since the Free Speech Clause does not give the students the right to compel the government to say something it does not wish to, they cannot show a likelihood of success,” the judges wrote, vacating a previous preliminary injunction blocking the state from implementing the law.
Critical race theory is an academic concept that contends racism is embedded in American institutions. Republicans have gone on a crusade to root it out of classrooms, but it is not always well-defined what qualifies as teaching it.
Arkansas celebrated the victory after more than a year battling with students and teachers regarding the law.
“With its ruling today, the 8th Circuit continues to ensure that the responsibility of setting curriculum is in the hands of democratically elected officials who, by nature, are responsive to voters,” state Attorney General Tim Griffin (R) said.
The attorneys for the students said the decision gives them “pause and concern,” The Associated Press reported.
“It gives us pause and concern about a steady erosion of individual rights and protections in this great country,” attorney Mike Laux said in a statement. “Nonetheless, major aspects of this lawsuit remain viable, and they will proceed in due course.”
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