Arkansas AG appeals LEARNS indoctrination injunction
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Federal judges heard oral arguments last week related to preventing Arkansas from enforcing the "indoctrination" section of the sweeping LEARNS education act, the Arkansas Democrat-Gazette reported.
The big picture: Some supporters of LEARNS say the section protects children from ideological indoctrination.
- But teachers, students and the Arkansas NAACP, which filed the lawsuit seeking to strike the section, say it's "unworkably vague and overly broad" — violating teachers' right to due process and students' First Amendment right to receive information.
Context: According to the section, "prohibited indoctrination" is when one compels another to adopt, affirm or profess an idea in violation of the Civil Rights Act of 1964, which outlawed discrimination based on race, color, religion, sex, and national origin.
Flashback: Last May, U.S. District Court Judge Lee Rudofsky temporarily halted implementation of Section 16 of LEARNS while the lawsuit proceeds.
What they're saying: "The government speech doctrine says that when the government is self-regulating its own speech, the First Amendment doesn't apply," a lawyer for the defendants, the state and Arkansas' Education Department, said at the hearing, according to the Democrat-Gazette.
The other side: Plaintiffs said Section 16 is motivated by "racial animus" or the purpose of "denying students access to ideas and information with which the State and Defendants disagree," the newspaper reported.
What's next: The appellate judges took no immediate action on Attorney General Tim Griffin's request to overturn a preliminary injunction.
- There's no indication when the court will make a ruling on the injunction.