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Academic Freedom and the First Amendment: Who Decides What Is Taught?

 

In 2022, Florida enacted the Stop WOKE (Wrongs to Our Kids and Employees) Act, prohibiting indoctrination of race and gender ideology in a variety of educational and employment contexts. The law’s K-12 provisions remain in effect, but addressing a challenge to its higher education provisions, an Eleventh Circuit panel recently held “if the First Amendment offers any boundary of protection at all for public university classrooms, this statute crosses it.”

What is “academic freedom?” Whose right is it? What role do taxpayers and the lawmakers working on their behalf have in funding and setting curricular decisions for state universities? How might other decisions prohibiting compelled use by faculty of preferred pronouns or preventing adverse employment actions against conservative faculty members inform the discussion? Join our panel of experts as they explore the intersection of academic freedom, free speech, and the First Amendment.

Featuring:

  • Joe Cohn, Research Scholar in Law and Executive Director, Center for Academic Freedom and Free Speech, Yale Law School
  • Tyson Langhofer, Senior Counsel, Director of Center for Academic Freedom, Alliance Defending Freedom
  • May Mailman, Founder, MPL Strategies
  • (Moderator) Casey Mattox, Vice President for Legal Strategy, Stand Together

     

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.