Pernellv.Commissioner, Florida State Board of Education
CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.22-13992
DecidedJuly 7, 2026
Reporter2026 U.S. App. LEXIS
JudgesEleventh Circuit panel; see published opinion.
Tags
11th Circuitfederalcivilfirst amendmentacademic freedomeducation
Case Summary
Professors and a student challenged the higher-education provisions of Florida’s Individual Freedom Act (the Stop W.O.K.E. Act), which barred professors from endorsing concepts tied to critical race theory in classroom instruction. A divided Eleventh Circuit panel held that the restrictions amounted to unconstitutional viewpoint discrimination in the university classroom, rejecting the argument that public-employee-speech or government-speech doctrine let the state dictate what professors may say about race and sex in their own teaching. The court affirmed the district court’s preliminary injunction blocking enforcement of those provisions.
Opinion
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