CONCORD, New Hampshire - Today,
the American Civil Liberties Union, the ACLU of New Hampshire, the ACLU
of Massachusetts, the National Education Association (NEA), and the
National Education Association–New Hampshire, filed a lawsuit
in U.S. District Court in New Hampshire, against the U.S. Department of
Education (ED). The lawsuit challenges the Department of Education’s
Feb. 14, 2025, Dear Colleague Letter,
which threatens federal funding cuts for education institutions
nationwide for engaging in diversity, equity, and inclusion (DEI)
efforts; and a 14-day window before “appropriate measures” would be
taken.
The lawsuit argues that ED has overstepped its legal authority by:
- Imposing unfounded and vague legal restrictions that violate due process and the First Amendment;
- Limiting academic freedom; and
- Impermissibly dictating what educators can teach and what students are allowed to learn.
“Across
the country educators do everything in their power to support every
student — no matter where they live, how much their family earns, or the
color of their skin — ensuring each feels safe, seen, and is prepared
for the future. Now, the Trump administration is threatening to punish
students, parents and educators in public schools for doing just that:
fostering inclusive classrooms where diversity is valued, history is
taught honestly, and every child can grow into their full brilliance,”
said Becky Pringle, president of the National Education Association.
“We’re urging the court to block the Department of Education from
enforcing this harmful and vague directive and protect students from
politically motivated attacks that stifle speech and erase critical
lessons. Teaching should be guided by what’s best for students, not by
threat of illegal restrictions and punishment.”
The Department of
Education claims, without legal or factual basis, that a broad range of
DEI-related education policies and practices are unlawful. The lawsuit
contends that ED has no authority to dictate curriculum or educational
programs, and that federal law explicitly protects education
institutions’ ability to shape their own curriculum, including programs
that reflect and celebrate diversity.
“For over a century, the
ACLU has fought unlawful efforts to muzzle free speech by over-zealous
government officials. It’s clear that the Trump administration is trying
to shut down speech it doesn’t like – especially when it deals with
race in our educational institutions. The Dear Colleague Letter is a
brazen attempt to intimidate schools into abandoning lawful efforts to
create inclusive learning environments,” said Anthony D. Romero, ACLU executive director.
“This is a blatant attack on free speech and academic freedom, aiming
to deprive students of a full and honest education. We will not stand by
as the Department of Education uses fear and coercion to force schools
and educators into self-censorship by threatening to strip federal
funding.”
Educators across the country are already feeling the
chilling effects of the ED’s overreach. By unlawfully restricting speech
and academic freedom, and opening educators to arbitrary and
discriminatory enforcement, ED seeks to violate fundamental
constitutional and legal protections. In response, the lawsuit
challenges the letter on four key legal grounds:
- Violation of the First Amendment
– The letter unconstitutionally restricts speech by prohibiting
educators from teaching about race, diversity, equity, and inclusion. It
also broadly bans DEI programs, including student groups and faculty
associations, coercing educational institutions into self-censorship
through the threat of losing federal funding. In higher education, the
government cannot dictate what professors teach, and in K-12 schools,
Congress has prohibited the federal government from dictating
curriculum.
- Violation of the Fifth Amendment –
The letter fails to define key terms and practices, leaving educators
uncertain about what is prohibited and vulnerable to arbitrary
enforcement. By failing to establish clear standards, ED creates a
chilling effect, forcing teachers to avoid important discussions in
history, English literature, and more, or to risk arbitrary and
discriminatory enforcement that threatens their professions.
- Violation of the Administrative Procedure Act (APA)
– The letter imposes new legal obligations without the required process
and justification, making it arbitrary, capricious, and legally
invalid. ED oversteps its authority and ignores decades of legal
precedent and its own prior guidance on civil rights law, failing to
explain why it is now reversing course on long-standing principles of
equity and inclusion.
- Misrepresentation of Supreme Court Precedent – The letter misstates and overstates the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard.
The decision only addressed race as a formal admissions factor in
higher education — it did not ban curriculum, student groups, DEI
programming, or race-neutral diversity initiatives.
“Like
New Hampshire’s classroom censorship law that we successfully challenged
in court, this unconstitutionally vague letter is an attack on
educators who are simply doing their job,” said Gilles Bissonnette, legal director of the ACLU of New Hampshire.
“Teachers are already reporting being afraid to teach for fear of
having their teaching deemed unlawful, and that deprives Granite State
students of the complete education that they deserve.”
The complaint can be found online here.