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
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath
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
School Climate & Safety Webinar
Belonging as a Leadership Strategy for Today’s Schools
Belonging isn’t a slogan—it’s a leadership strategy. Learn what research shows actually works to improve attendance, culture, and learning.
Content provided by Harmony Academy
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
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus

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 Social Media Companies Face Legal Reckoning Over Mental Health Harms to Children
Some of the biggest players from Meta to TikTok are getting a chance to make their case in courtrooms around the country.
6 min read
Social Media Kids Trial 26050035983057
Meta CEO Mark Zuckerberg leaves court after testifying in a landmark trial over whether social media platforms deliberately addict and harm children, on Feb. 18, 2026, in Los Angeles.
AP Photo/Damian Dovarganes
Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts Mark Zuckerberg Quizzed on Kids' Instagram Use in Landmark Social Media Trial
The Meta chief testified in a court case examining whether the company's platforms are addictive and harmful.
5 min read
Meta CEO Mark Zuckerberg arrives for a landmark trial over whether social media platforms deliberately addict and harm children, Wednesday, Feb. 18, 2026, in Los Angeles.
Meta CEO Mark Zuckerberg arrives at a federal courthouse in Los Angeles on Feb. 18, 2026. Zuckerberg was questioned about the features of his company's platform, Instagram, and about his previous congressional testimony.
Ryan Sun/AP
Law & Courts California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP