Pernell v. Lamb: Lawsuit Challenging Florida’s Stop WOKE Act

On August 18, 2022, a group of higher education students and educators filed a lawsuit challenging Florida’s HB 7 — also known as the Stop Wrongs Against Our Kids and Employees (“Stop W.O.K.E.”) Act — a classroom censorship law which restricts educators from teaching about race and gender in public schools, higher education institutions, and workplaces. The Legal Defense Fund, ACLU, ACLU of Florida, and the law firm Ballard Spahr are representing a group of Florida professors at public universities who are now severely restricted from engaging in classroom instruction about certain issues related to race and gender.

The lawsuit charges that H.B. 7 unconstitutionally violates the First Amendment by imposing restrictions on speech and information in college classrooms, and is void for vagueness under the Fourteenth Amendment. Additionally, it argues the Stop W.O.K.E. Act violates the Equal Protection Clause because it was enacted with the intent to discriminate against Black educators and students. 

The law targets and places vague restrictions on educators’ ability to teach concepts such as racism, sexism, white privilege, and others. The law imposes harsh penalties, including ineligibility for all performance funding from the state for the colleges and universities — and termination — for educators who have been found to violate the law. Because the law is so vague, it is extremely difficult for educators to determine what they can or can’t teach, or what views might be interpreted to violate the law, leading to a chilling effect in the classroom.

Pernell is the first lawsuit filed by LDF challenging anti-truth efforts and legislation. LDF has been deeply engaged in efforts to protect truth, and counter similar efforts to censor or restrict discussions about systemic inequalities.