Groups that advocate for academic freedom are becoming increasingly critical of the new “anti-WOKE” law signed by Gov. Ron DeSantis in April, signaling that more litigation to overturn the measure may be in the works.
The Philadelphia-based Foundation for Individual Rights and Expression is seeking out Florida faculty members to challenge House Bill 7, which claims to protect Florida residents from indoctrination and discrimination in public schools and universities. The law bars attempts to subject students to instruction “that espouses, promotes, advances, inculcates or compels” them to feel guilt or distress related to classroom topics such as racism and sexism.
“Universities are supposed to be places of uninhibited debate, and the state of Florida has decided that debate should be inhibited," Adam Steinbaugh, a foundation attorney, told the Florida Record. “The state doesn't get to pick winners and losers in the marketplace of ideas. That is for the faculty members and the students – who are primarily adults – to discuss and debate in classes."
Members of the United Faculty of Florida union, including President Andrew Gothard, have also criticized HB 7’s impact on academic freedom, and some of its leaders have suggested civil litigation may follow.
But DeSantis and lawmakers supporting the new law have suggested the law is needed to provide the means for businesses, workers, children and families to stand up against “discrimination and woke indoctrination.”
“In Florida, we will not let the far-left woke agenda take over our schools and workplaces,” the governor said in a prepared statement. “There is no place for indoctrination and discrimination in Florida.”
The foundation has argued in letters to Florida universities that the new law, which takes effect in July, places limits on the higher education curriculum that are unconstitutional and has urged lawmakers to amend it.
“We are eager to talk to faculty members in Florida about how HB 7 affects their ability to teach on the subjects of their expertise," Steinbaugh said. “... The Florida Board of Governors has proposed regulations that would authorize Florida universities to fire faculty members who violate the law."
The University of Florida, meanwhile, is warning that violations of the law can lead to large financial penalties and has urged faculty members to remain objective when presenting lessons in their classrooms.