The ruling fights efforts to ‘stifle speech and erase critical lessons to attack public education,’ NEA’s president says
Posted: April 24, 2025
In a victory for students, parents, and educators, a federal judge has blocked the U.S. Department of Education’s unprecedented and unlawful attempt to restrict discussions and programs on diversity, equity, and inclusion in educational institutions, and its threat to withhold federal funding for engaging in such efforts.
The judge Thursday granted a request for a preliminary injunction blocking enforcement of the U.S. Department of Education’s Feb. 14 “Dear Colleague” letter sent to schools and other educational institutions.
The Dear Colleague letter’s directive contradicts long-standing legal protections for academic freedom. It violates the constitutional rights of students and educators by imposing vague and coercive restrictions on curricula and programs. The preliminary injunction prevents the federal education department from enforcing the directive while litigation continues, ensuring that schools can continue their educational mission without fear of federal retaliation.
National Education Association President Becky Pringle said, “Across the country, educators do everything in their power to support every student, ensuring each feels safe, seen, and is prepared for the future. Today’s ruling allows educators and schools to continue to be guided by what’s best for students, not by the threat of illegal restrictions and punishment.”
“The fact is that Donald Trump, Elon Musk, and Linda McMahon are using politically motivated attacks and harmful and vague directives to stifle speech and erase critical lessons to attack public education, as they work to dismantle public schools. This is why educators, parents, and community leaders are organizing, mobilizing, and using every tool available to protect our students and their futures,” Pringle added.
Gilles Bissonnette, legal director of the ACLU of New Hampshire, said, “The court’s ruling today is a victory for academic freedom, the free speech rights of educators, and for New Hampshire students who have a right to an inclusive education free from censorship. Every student, both in the Granite State and across the country, deserves to feel seen, heard, and connected in school – and that can’t happen when classroom censorship laws and policies are allowed to stand.”
On March 5, the National Education Association, the National Education Association–New Hampshire, the American Civil Liberties Union, the ACLU of New Hampshire, and the ACLU of Massachusetts filed a lawsuit in U.S. District Court in New Hampshire, against the U.S. DOE. Also joining the case as a plaintiff is the Center for Black Educator Development.
The court found that the NEA and other plaintiffs were likely to succeed on their arguments that the Dear Colleague Letter is impermissibly vague because “it does not make clear . . . what the Department believes constitutes a DEI program.”
Plaintiffs represented in the lawsuit against the U.S. DOE have said they’ve felt like the Dear Colleague letter instigated a witch hunt against them. Teachers who have dedicated their lives to helping every student grow to their full potential have been in fear of losing their jobs and teaching licenses if they do not severely restrict what they and their students say and do in their classrooms.
The lawsuit challenges the education department’s directive on multiple legal grounds. Specifically, the lawsuit argues the department has overstepped its authority by imposing unfounded and vague legal restrictions that violate due process and the First Amendment; limiting academic freedom and restricting educators’ ability to teach and students’ right to learn; and unlawfully dictating curriculum and educational programs, exceeding its legal mandate.
The case will now proceed as the court considers whether to permanently block the department’s directive.
The court’s decision can be found here.
A copy of the lawsuit can be found here.