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11th Circuit Reinstates Florida’s Classroom Pronoun Restriction

By rejecting the free-speech challenge, the ruling paves the way for en banc or Supreme Court review of government speech boundaries.

Florida governor Ron DeSantis approved the law in 2023. (Getty)

Overview

  • The 11th U.S. Circuit Court overturned Judge Walker’s 2024 injunction in a 2-1 decision, ruling that teachers’ in-class pronoun use constitutes government speech.
  • Judges Kevin Newsom and Andrew Brasher held that Katie Wood spoke in her official capacity when identifying herself as “Ms.” with feminine pronouns before students.
  • In dissent, Judge Adalberto Jordan warned that treating all classroom speech as government speech risks silencing viewpoints and could have broad First Amendment implications.
  • Florida’s law bars teachers from using pronouns or titles that conflict with sex assigned at birth and exposes violators to certification loss and district fines.
  • The decision revives enforcement of a 2023 statute that forms part of Gov. Ron DeSantis’s broader anti-transgender legislation and may be appealed en banc or to the Supreme Court.