A collection of college and university professors in Florida are suing to challenge a 2023 state law that prohibits funding for DEI (diversity, equity, and inclusion) programs at public institutions. The lawsuit, filed Thursday in the U.S. District Court for the Northern District of Florida, argues that the law, known as SB 266, infringes on academic freedom and free expression.
“This lawsuit is about preserving the right to learn and teach without political interference,” Sharon Austin, a tenured political science professor at the University of Florida (UF) and lead plaintiff in the case, told the Tallahassee Democrat. Austin noted that the vague language of the law forces educators to self-censor, depriving students of a comprehensive education.
The professors, represented by the American Civil Liberties Union (ACLU) of Florida and the law firm Gibson, Dunn & Crutcher, are suing the boards of trustees of Florida State University, the University of Florida, and Florida International University, as well as the State University System Board of Governors. The governing body has declined to comment on the case.
SB 266 mandates periodic reviews of academic programs to ensure alignment with university missions and prohibits general education courses from including materials on systemic racism, sexism, or privilege. It also bars spending on programs that “promote or engage in political or social activism.” As a result, Austin’s courses “Politics of Race” and “Black Horror and Social Justice” were deemed ineligible as general education requirements, and she was denied funding for a conference presentation.
The case has been assigned to Chief U.S. District Judge Mark Walker, who previously denied a similar challenge to SB 266 due to insufficient standing. Plaintiffs now argue the law directly harms them and threatens academic freedom nationwide.
“The future of intellectual freedom in American universities is at stake, and we must act now to defend it,” Jerry Edwards, an ACLU staff attorney, told the Tallahassee Democrat.
