Law & Courts

Appeals Court Backs Arkansas Law Targeting Critical Race Theory

By Mark Walsh — July 18, 2025 3 min read
Arkansas Gov. Sarah Huckabee Sanders signs an education overhaul bill into law, March 8, 2023, at the state Capitol in Little Rock, Ark.
  • Save to favorites
  • Print

A federal appeals court has ruled that Arkansas may enforce its law prohibiting teachers from “indoctrination” of students with critical race theory or other so-called “discriminatory” ideologies.

A three-judge panel of the U.S. Court of Appeals for the 8th Circuit, in St. Louis, unanimously vacated a federal district court’s preliminary injunction blocking the 2023 law, which is one of a handful nationwide that echoes anti-CRT rhetoric.

Some 17 other states, including Iowa and North Dakota (which like Arkansas are part of the 8th Circuit), have similar laws, executive orders or other measures. President Donald Trump in January issued an executive order aimed at barring “radical indoctrination” in K-12 schools, including any “discriminatory equity ideology.”

See Also

States Tracker Map: Where Critical Race Theory Is Under Attack
Sarah Schwartz, June 11, 2021
2 min read

The Arkansas law requires state education officials to ensure schools are in compliance with federal civil rights laws by checking for curricular materials that conflict with the principle of equal protection under the law or encourage students to discriminate based on someone’s protected characteristics.

Teachers who violate the law could lose their teaching licenses. The law exempts teaching about “issues of the day” and allows discussions about the ideas and history of concepts described in the law. The state argued in court papers that the law “does not prohibit teaching about Critical Race Theory,” only “teaching that would indoctrinate students with [such] ideologies.”

Two high school teachers, two high school students, and the Arkansas chapter of the NAACP sued over the law. The teachers argued the law was so vague that it violated the 14th Amendment’s due-process clause, while the students argued that it violated their First Amendment free speech right to receive information.

A federal district judge decided against the teachers’ vagueness claim because the speech at issue was government speech. But the judge issued a preliminary injunction based on the students’ First Amendment claim, ruling that the law blocked information they had previously received. The judge relied in part on a 1982 8th Circuit decision, Pratt v. Independent School District No. 831, which held that “school boards do not have an absolute right to remove materials from the curriculum” if the removal “was intended to suppress the ideas expressed” in the removed materials. (That case involved a school district’s removal of a film version of the 1948 short story “The Lottery,” by Shirley Jackson.)

Arkansas Gov. Sarah Huckabee Sanders, a Republican who signed the measure into law as part of a larger education bill, celebrated the decision on X, calling it a “big win for common sense, education freedom—and parents who just want our schools to teach kids how to think, not what to think.”

No ‘supercharged right’ for students to receive information, court says

In its July 16 decision in Walls v. Oliva, the 8th Circuit panel vacated the preliminary injunction.

The court agreed there is a right of students to receive information, but “that right cannot be used to require the government to provide a message it no longer is willing to say” and “the government may change the message it promotes in response to the political process.”

“Students do not possess a supercharged right to receive information in public schools that alters these principles,” said the opinion by Judge L. Steven Grasz, a first-term Trump appointee. (The other panel members were appointed by Presidents George H.W. Bush and George W. Bush.)

“Just as ordinary citizens cannot require the government to express a certain viewpoint or maintain a prior message, students cannot oblige the government to maintain a particular curriculum or offer certain materials in that curriculum based on the free speech clause,” Grasz said.

The court said the 8th Circuit’s 1982 Pratt decision has been undermined by various U.S. Supreme Court rulings since then bolstering the government-speech doctrine, which holds that the government is permitted to engage in viewpoint discrimination when it speaks.

“Ultimately, if we followed the students’ approach, a government could not successfully defend its decision to change the curriculum by arguing that it was responding to the electorate and the political process,” Grasz said. “We decline the students’ invitation to make the school curriculum uniquely static and unaccountable.”

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Mentorship That Matters: Strengthening Educator Growth & Retention
Learn how to design mentorship programs that go beyond onboarding to create meaningful professional growth opportunities.
Content provided by Frontline Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Opinion Why the Supreme Court’s Ruling on Conversion Therapy Matters for Schools
A recent case puts religiously motivated speech ahead of the well-being of LGBTQ+ youth.
Jonathon E. Sawyer
5 min read
lgbtq student backpack with rainbow spectrum flag on stairs isolated
Education Week + iStock/Getty
Law & Courts Minn. Districts Ask Judge to Restore Immigration Enforcement Limits by Schools
Two districts say the policy change hurt attendance and cost them students.
3 min read
Fridley Superintendent Brenda Lewis speaks during a news conference in February at the Minnesota State Capitol.
Superintendent Brenda Lewis of the Fridley, Minn., school district speaks during a news conference in February 2026 at the Minnesota State Capitol. The Fridley district is one of two Minnesota school districts suing the U.S. Department of Homeland Security in an effort to restore restrictions on immigration enforcement in and near schools.
Carlos Gonzalez/Minnesota Star Tribune via TNS
Law & Courts Supreme Court Seems Poised to Reject Trump's Birthright Order
Trump’s attendance in the birthright citizenship case marked the first time a sitting president has done this.
6 min read
President Donald Trump leaves the Supreme Court, on April 1, 2026, in Washington.
President Donald Trump leaves the Supreme Court on April 1, 2026, in Washington. The justices signaled skepticism of Trump’s bid to restrict birthright citizenship.
Anthony Peltier/AP
Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP