Professors and students at Alabama public universities are escalating their legal fight against the state’s ban on diversity, equity, and inclusion programs, arguing the law amounts to unconstitutional classroom censorship. A federal appeal now asks the 11th Circuit Court of Appeals to overturn a lower court ruling that allowed the law to remain in effect. The case places Alabama at the center of a national battle over academic freedom, government authority, and ideological neutrality in higher education.
The dispute centers on Senate Bill 129, passed in 2024, which prohibits public colleges and universities from using state funds to promote or endorse DEI initiatives or so-called “divisive concepts.” The law restricts instruction that could compel students to affirm ideas related to race, sex, gender identity, or collective guilt tied to immutable characteristics. State lawmakers argued the measure protects students from ideological coercion in taxpayer-funded institutions.
A group of professors and students, represented by the ACLU of Alabama and the NAACP Legal Defense Fund, filed an appeal after a federal district judge upheld the statute. The judge ruled that professors’ classroom speech constitutes government speech and that the law allows discussion of the restricted topics as long as they are presented objectively rather than endorsed. The plaintiffs argue this reasoning strips faculty of First Amendment protections and chills open discussion.
According to the appeal, the law’s language is vague and has already altered classroom behavior. University of Alabama professor Dana Patton stated she modified her syllabus after student complaints alleged her materials violated SB 129. Plaintiffs contend this demonstrates real harm, not speculative fear, and shows the law’s practical effect on instruction.
Supporters of SB 129 counter that public universities should not function as ideological training grounds. They maintain the law does not ban discussion but prevents compelled belief and state-sponsored activism.
The 11th Circuit’s eventual ruling could shape how far states may go in regulating classroom content and DEI programming nationwide.
