On July 7, 2026, the U.S. Court of Appeals for the Eleventh Circuit ruled against Florida's Stop WOKE Act, which aimed to restrict how race and gender are taught in public colleges and universities. In a 2-1 decision, the court upheld a lower court's injunction that blocked the enforcement of the law, stating that it violates the First Amendment by treating professors' speech as government speech.
Judge Britt Grant, who authored the majority opinion, argued that the law infringes on free speech protections in educational settings. She rejected Florida's claim that professors represent the state simply by virtue of their employment, emphasizing that the government cannot dictate classroom viewpoints. Grant noted that universities should expose students to diverse ideas rather than shield them from controversial topics.
The ruling reaffirms a 2022 district court decision, where Chief U.S. District Judge Mark Walker criticized the law as an overreach of power. The Stop WOKE Act was passed by Florida's Republican-controlled legislature in 2022 at the urging of Governor Ron DeSantis, aiming to prevent instruction that could cause psychological distress related to race or gender.
The dissenting opinion came from Judge Barbara Lagoa, who argued that states have significant authority over educational content. The challenge to the law was supported by the Foundation for Individual Rights and Expression and the American Civil Liberties Union, among others.