Educational Gag Orders: Legislative Interference in Teaching About Race

The AAUP has developed resources to address a widespread attempt to suppress teaching about race in American history. In response to the shutdown of a commission created by President Trump to support “patriotic” education, a wave of states introduced broadly similar legislation that would restrict K-12 teachers and college faculty across disciplines from talking about “divisive topics” and teaching about the role of racism in US history and society. These educational gag order bills have the potential to chill the free exchange of ideas at universities and colleges and to violate core AAUP principles.

Information on Educational Gag Orders

• These FAQs are a resource for one-on-one conversations with colleagues, students, reporters, and legislators.
• We’re keeping an eye out for this kind of legislation as it is introduced at the state and federal level. 
• Here's a map that tracks federal, state, and local activity.

Fighting Educational Gag Orders in Your State

• Here's a toolkit with draft op-ed, talking points, and a draft legislative resolution

Faculty Senate Resolutions Defending Academic Freedom

The African American Policy Forum has organized an initiative for faculty senates to pass resolutions defending academic freedom to teach about race, gender, and critical race theory.

• A template resolution is here and a list of institutions that have passed resolutions is here.
• Watch a recording or download the slides from a February 2022 webinar about resolutions defending academic freedom and rejecting educational gag orders
• Contact Portland State professor Jennifer Ruth ([email protected]) if you have questions or want tips for passing a resolution on your own campus. 

AAUP Statements on the Teaching of History

As the situation has evolved, we have issued several statements about political attacks on teaching about race. 

• Florida's Stop WOKE Act Must Be Rejected by the Court (October 2022)
• Statement on Legislation Restricting Teaching about Race (August 2021)
• Joint Statement on Efforts to Restrict Education about Racism  (June 2021)
• Statement on Efforts to Restrict the Teaching of History (January 2021)
• 1776 Report Distorts the Past and Disregards the Truth (January 2021)

Additional Resources

• Read more about ideological interference in education in Florida. 
• A special AAUP committee issued a report on Governance, Academic Freedom, and Institutional Racism in the University of North Carolina system.
• While its scope goes beyond critical race theory, legislation signed in Florida would restrict the teaching of history and permit students to record faculty to “expose” liberal bias at universities. Read our statement opposing “viewpoint diversity” legislation.
• The attack on teaching and learning about the role of racism in the history of the United States is more than state legislation. Here’s our statement in support of Nikole Hannah-Jones after the University of North Carolina trustees chose to ignore the strong recommendation of the university's journalism faculty to award her tenure.
• More information about racial justice work is here. 
• Read the PEN America report "America's Censored Classrooms" on the landscape of educational gag orders as of August 2022.
• Also see a Statement by AAC&U and PEN America Regarding Recent Legislative Restrictions on Teaching and Learning

Media and Coverage

• "Systemic racism continues to influence academic tenure in US universities" Nightline.
• "Political agendas attack our academic freedom in Ohio." Cincinnati Enquirer.
• "Why Are States Banning Critical Race Theory?" Brooking Institution blog.
• "Lawsuit Challenges Classroom Censorship." AAUP.
• “The Red-State Disadvantage.” Chronicle of Higher Education
• "Muzzled by DeSantis, Critical Race Theory Professors Cancel Courses or Modify Their Teaching." ProPublica/The Atlantic

Legislative Wins

• "Indiana Senate Kills CRT-Inspired Legislation." Indy Star.
• "Georgia Senate Drops Effort to Control Race Discussions in Colleges." Atlanta Journal-Constitution.
• "Virginia Senate Committee Kills Youngkin Education Bills." WJLA News.