A federal judge has dismissed the majority of a lawsuit filed by Florida university professors challenging the state’s 2023 law banning public funding for diversity, equity, and inclusion (DEI) programs. The court ruled that most plaintiffs failed to show legal standing or injury. Only one professor’s First Amendment claim remains active.
U.S. District Judge Mark Walker issued the decision on September 25. The lawsuit, filed by multiple faculty members, attempted to overturn SB 266, a law signed by Governor Ron DeSantis that prohibits state universities from funding DEI initiatives. The plaintiffs claimed the law violated free speech and academic freedom protections.
Judge Walker rejected most of these arguments. He stated that the professors failed to demonstrate a concrete or particularized injury. The court also dismissed claims that the professors had a right to have their courses included in Florida’s “general education” offerings, calling that assertion unsupported by the Constitution.
The court did, however, allow one portion of the case to proceed. University of Florida political science professor Sharon Austin alleges she was denied travel funding to attend a 2024 inclusion-focused conference and anticipates being denied again. Judge Walker found her claim credible, noting a real and ongoing funding relationship potentially affected by the law.
As a result, Austin’s First Amendment claim will continue, while all other plaintiffs’ challenges were dismissed.
Florida’s DEI ban is part of a broader push by conservative-led states to defund programs that promote identity-based political activism in higher education. Supporters of the law argue it restores academic neutrality and curbs ideological indoctrination. The decision reinforces the state’s authority to set public university funding guidelines while narrowing future legal challenges.
