Eighth Circuit Reinstates Arkansas Ban on Critical Race Theory, Sends Case Back to District Court
The court said the Free Speech Clause does not grant students the right to compel CRT instruction, prompting state officials to seek dismissal of the suit.
Overview
- A three-judge panel vacated the May 2024 preliminary injunction that had blocked enforcement of Arkansas’s CRT ban under the LEARNS Act.
- Judge L. Steven Grasz wrote that the First Amendment does not allow students to force schools to teach specific material they oppose.
- The LEARNS Act, part of a 2023 education overhaul signed by Gov. Sarah Huckabee Sanders, bans instruction labeled as Critical Race Theory or classroom “indoctrination.”
- Two teachers and two students at Little Rock Central High School filed the challenge and their case drew amicus briefs from 14 Republican-led states as well as branches of the ACLU and NEA.
- After sending the case back for further proceedings, the appeals ruling led Arkansas officials to file a motion to dismiss the remaining claims in district court.