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Federal Judge Weighs Whether Alabama’s Anti-DEI Law Threatens First Amendment

June 30, 2025

The University of Alabama is facing legal challenges over a new anti-diversity, equity and inclusion law (SB129) that prohibits public educational institutions from using state funds for curriculum endorsing "divisive concepts" related to race, religion, and gender identity. Professors and students testified that the law has altered course content, jeopardized funding, and eliminated certain programs, with political science professor Dana Patton describing how she removed course materials after complaints alleged her social justice program promoted divisive perspectives. The lawsuit argues the legislation violates First Amendment rights by restricting educators' speech and disproportionately impacts Black students, while defense attorneys maintain no measurable harm has occurred since no faculty have been terminated or formally disciplined.

Who is affected

  • Professors and students at the University of Alabama
  • Dana Patton, a political science professor whose program received complaints
  • Sydney Testman, a senior who lost her scholarship tied to the Social Justice Advocacy Council
  • Black students who are allegedly disproportionately impacted by the law
  • Student affinity groups and DEI offices that have been shuttered or rebranded
  • Universities across the country facing similar anti-DEI legislation

What action is being taken

  • Six professors and students are suing the University of Alabama and Republican Governor Kay Ivey
  • Federal U.S. Chief Judge R. David Proctor is weighing whether the legislation is constitutional
  • University officials are investigating student complaints about course content
  • Professors are removing course materials from syllabi and changing their teaching practices
  • The university is sourcing private funding for some affinity groups to maintain campus access

Why it matters

  • The law potentially violates First Amendment rights by restricting educators' speech
  • Academic freedom and curriculum content in public universities are being challenged
  • Programs that benefit Black students may be disproportionately affected
  • Students like Sydney Testman are losing scholarships tied to affected programs
  • The case will determine whether classroom speech is protected under the First Amendment
  • The decision will establish whether states have the right to influence curriculum in this manner

What's next

  • Federal U.S. Chief Judge R. David Proctor will make a decision before the start of the school year to provide clarity for Alabama schools.

Read full article from source: The San Diego Voice & Viewpoint