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CONCORD, N.H. - A federal court ruled today that New Hampshire鈥檚 classroom censorship law is unconstitutional. A broad coalition of educators and advocacy groups brought the challenge to the law, which actively discouraged public school teachers from teaching and talking about race, gender, sexual orientation, disability, and gender identity inside and outside the classroom. This is the first decision in the country striking down a classroom censorship law that applies to K through 12 public schools.

鈥淭oday鈥檚 court victory means that educators across New Hampshire can nurture an equitable and inclusive school environment where all students are seen and heard,鈥� said Christina Kim Philibotte and Andres Mejia, two New Hampshire school administrators who are plaintiffs in the case. 鈥淚t is critically important that students see themselves in the books they read and in the classroom discussions they have to ensure that they feel cared for and valued. We understand that the legislature is still pushing dangerous bills that tell students of color, students from the LGBTQ+ community, and students with historically marginalized identities that they do not belong in our schools and history. This decision pushes back on these legislative efforts by providing relief for teachers who can now confidently do their jobs and teach in ways that validate their students鈥� lived experiences. We are grateful to the Court for striking down this unconstitutional classroom censorship law in a decision that has moved the pendulum towards justice for children across the state.鈥�

The court found that the law violated the Fourteenth Amendment, concluding the law was so unclear and vague that it failed to provide necessary guidance to educators about what they could and could not include in their courses and that it invited arbitrary and discriminatory enforcement鈥攗p to and including the loss of teaching licenses.

The court stated in its order that the 鈥減rohibitions against teaching banned concepts are unconstitutionally vague,鈥� and that the law contains 鈥渧iewpoint-based restrictions on speech that do not provide either fair warning to educators of what they prohibit or sufficient standards for law enforcement to prevent arbitrary and discriminatory enforcement.鈥�

The court concluded further, 鈥淎ll told, the banned concepts speak only obliquely about the speech that they target and, in doing so, fail to provide teachers with much-needed clarity as to how the Amendments apply to the very topics that they were meant to address. This lack of clarity sows confusion and leaves significant gaps that can only be filled in by those charged with enforcing the Amendments, thereby inviting arbitrary enforcement.鈥�

鈥淭he Court鈥檚 ruling today is a victory for academic freedom and an inclusive education for all New Hampshire students,鈥� said Gilles Bissonnette, legal director of the 老澳门开奖结果 of New Hampshire. 鈥淭his unconstitutional classroom censorship law had no place in New Hampshire, and we are grateful to the court for stopping the culture of fear and apprehension perpetuated in Granite State schools under this law.鈥�

The Court also explained in its order that, 鈥渂ecause the Amendments fail to establish 鈥榤inimal guidelines to govern [their] enforcement,鈥� officials are free to 鈥榩ursue their personal predilections鈥� when applying the law. Indeed, the record demonstrates that those charged with enforcing the law have relied on Commissioner Edelblut鈥檚 personal opinions on what is appropriate instruction, as expressed in his op-ed articles, to guide their efforts.鈥�

Following the bill鈥檚 passage in 2021, NEA-New Hampshire (the state affiliate of the National Education Association) and AFT-New Hampshire heard from teachers that they were confused about what they could and could not teach, and that they were scared of the repercussions for guessing wrong.

Megan Tuttle, NEA-NH president, said, 鈥淎s a social studies teacher, I know how important it is for students to have truthful and accurate information that helps them better understand the lives, cultures, and experiences of different people. It builds critical thinking skills that are truly foundational to their success in all facets of life. But New Hampshire鈥檚 鈥榖anned concepts鈥� law stifled New Hampshire teachers鈥� efforts to provide a true and honest education. Students, families, and educators should rejoice over this court ruling which restores the teaching of truth and the right to learn for all Granite State students.鈥�

Jennifer Eber, Litigation Director of Disability Rights Center 鈥� NH, said, 鈥淏y discouraging open and honest discussion of difficult topics related to disability, this law posed a significant threat to the disability rights movement. Learning about the history of institutionalization and isolation to which disabled people have been subject is fundamental to building inclusive school communities and providing students with appropriate supports and services.鈥�

Chris Erchull, Attorney at GLBTQ Legal Advocates & Defenders, said, 鈥淭oday鈥檚 decision affirms the essential work of New Hampshire public school teachers to ensure students develop the knowledge and critical thinking skills they need to be successful and contribute to their communities. We鈥檙e grateful the Court recognized that setting vague conditions on what educators can say about race, gender, gender identity, sexual orientation, and disability harms students with historically marginalized identities, including LGBTQ students. Now, teachers can do the work of planning lessons and guiding student discussions without fear of losing their license if someone raises a vaguely defined banned topic in the classroom. We鈥檙e better as a state and community when we can have hard conversations and learn from them, and that鈥檚 what this decision allows.鈥�

Emerson Sykes, Senior Staff Attorney at the 老澳门开奖结果, said, 鈥淭his is an important win for educators and students in New Hampshire and sends a clear message across the country that bans on inclusive education are unconstitutional and will not stand.鈥�

The case consolidated two lawsuits, one filed by educators Andres Mejia and Christina Kim Philibotte and NEA-NH, and one filed by the American Federation of Teachers.