Nationwide — U.S. District Judge Henry Wingate has blocked parts of Mississippi’s new law banning diversity, equity and inclusion (DEI) in public schools, saying the measure violates free speech rights and creates confusion about what can be taught.
According to The Associated Press, the law took effect in April and sought to ban DEI programs, training, and offices in schools. It also listed “divisive concepts” tied to race, sex, gender identity, sexual orientation, and national origin. Schools that broke the rules risked losing state funding.
Wingate’s ruling prevents those provisions from being enforced while a lawsuit against the state continues. The injunction does not apply to sections of the law that ban preferential treatment based on race, sex, or national origin, or those that protect students and staff from being penalized for rejecting DEI ideas.
A group of teachers, parents, and students is suing, arguing the law violates their First and Fourteenth Amendment rights. Wingate agreed, writing that the law was vague, not viewpoint-neutral, and threatened free expression and academic freedom.
The judge also approved the plaintiffs’ request to expand the case as a class action, meaning the injunction now protects teachers, professors, and students across Mississippi. His decision followed an earlier restraining order issued in July.
Jarvis Dortch, executive director of the ACLU of Mississippi, welcomed the ruling, saying it protects open discussion in classrooms. Plaintiffs’ lawyers also argued that the law left schools unsure about what could be taught, raising fears of punishment for discussing U.S. history or civil rights.
University of Mississippi law professor Cliff Johnson testified that under the law, he might not be able to cover the Civil Rights Act, the internment of Japanese Americans, or the murders of Emmett Till and Martin Luther King Jr. He said the measure left him feeling “paralyzed” between teaching honestly and risking discipline.
The state attorney general’s office defended the law, claiming public employees do not have full First Amendment rights because they speak on behalf of the government. Officials also said the penalties would target schools, not individual teachers or students.
The lawsuit will continue as both sides prepare for further hearings.