Court Says Florida Violated Free Speech
A federal appeals court has ruled that part of Florida’s Stop WOKE Act cannot be enforced at the state’s public colleges and universities, handing Governor Ron DeSantis a legal setback in one of his highest-profile education initiatives.
The decision, issued Tuesday by the U.S. Court of Appeals for the 11th Circuit, found that restrictions placed on what professors may teach in public university classrooms violate the First Amendment’s protections for free speech.
The ruling applies only to Florida’s public colleges and universities. Other portions of the law affecting K-12 schools and certain workplace policies were not addressed in this case and remain subject to separate legal challenges.
Court Rules Professors Have First Amendment Protections
Governor DeSantis signed the Stop WOKE Act into law in 2022 as part of a broader effort to reshape education in Florida. Supporters argued the legislation was intended to prevent what they viewed as politically driven instruction on race, gender, and systemic privilege, while opponents claimed it restricted open discussion and academic freedom.
In a 2-1 decision, the appeals court concluded that Florida went too far by limiting what professors can discuss in university classrooms.
Writing for the majority, Judge Britt Grant, a Trump appointee, said public universities have traditionally been places where students are exposed to competing ideas—even controversial ones—and that the government cannot simply prohibit viewpoints it disagrees with.
Grant also wrote that previous Supreme Court decisions have consistently recognized the importance of academic freedom, concluding that the challenged portion of the law crossed constitutional boundaries protecting speech in higher education.
Judge Charles R. Wilson joined the majority opinion.
Dissent Says State Has Authority Over Curriculum
Judge Barbara Lagoa, also appointed by President Donald Trump, was the lone dissenter.
In her opinion, Lagoa argued that elected state officials have broad authority to establish educational standards and determine what is appropriate for instruction in publicly funded universities.
She also contended that colleges routinely make viewpoint-based decisions when creating curriculum and that the state should retain the authority to oversee what is taught in classrooms supported by taxpayers.
Following the ruling, Florida Attorney General James Uthmeier praised Lagoa’s dissent, calling her one of the nation’s finest jurists in a post on X.
Supporters and Critics React
The lawsuit challenging the Stop WOKE Act was filed by the Foundation for Individual Rights and Expression (FIRE), which argued that the law violated professors’ constitutional rights.
After the decision was announced, FIRE described the ruling as a major victory for free speech and academic freedom.
Senior attorney Greg H. Greubel said the decision helps ensure that professors and students can continue discussing controversial topics without government restrictions, even when those discussions involve politically sensitive issues.
The legal challenge was also backed by the American Civil Liberties Union (ACLU), the ACLU of Florida, and the Legal Defense Fund, all of which played a role in the case that led to Tuesday’s decision.
Supporters of the Stop WOKE Act, however, argue that states have the responsibility to establish educational standards for publicly funded institutions and to ensure classrooms do not become vehicles for political activism. They maintain that elected officials—not unelected judges or university faculty—should ultimately determine education policy.
Why This Decision Matters
The ruling represents another chapter in the ongoing national debate over education, free speech, and the role of government in public universities.
For supporters of the law, the case raises concerns about whether states can set limits on classroom instruction in taxpayer-funded institutions. Critics of the law argue that professors must be free to discuss controversial subjects without fear of government punishment.
While Tuesday’s decision blocks enforcement of part of the law affecting Florida’s public colleges and universities, it does not eliminate the Stop WOKE Act entirely. Several other provisions remain in effect, and additional legal battles over the law could continue.
What Happens Next?
Florida officials now have several legal options, including asking the full 11th Circuit to reconsider the case or appealing directly to the U.S. Supreme Court.
Until then, the appeals court’s decision limits the state’s ability to enforce the challenged provisions against professors at public colleges and universities.
As legal disputes over education, free speech, and state authority continue across the country, this case is likely to remain closely watched by lawmakers, educators, parents, and constitutional scholars alike.