A federal appeals court dealt a significant legal setback Tuesday to one of Gov. Ron DeSantis’ signature education initiatives, ruling that key provisions of Florida’s Stop WOKE Act likely violate the First Amendment and marking one of the most consequential developments in Florida politics this year.
In a 2-1 decision, the U.S. Court of Appeals for the 11th Circuit affirmed a lower court’s preliminary injunction blocking enforcement of the law’s higher education provisions, concluding that Florida cannot prohibit professors from expressing certain viewpoints simply because the state disagrees with them.
Writing for the majority, Judge Britt C. Grant described Florida’s legal theory as a “breathtaking assertion of power” that would allow the state to suppress unpopular ideas in university classrooms.
“If the First Amendment offers any boundary of protection at all for public university classrooms, this statute crosses it,” the court wrote.
Court Rejects State’s Argument
The ruling stems from legal challenges filed after the Florida Legislature approved the Individual Freedom Act, commonly known as the Stop WOKE Act, in 2022.
The law prohibits instruction that promotes or endorses eight concepts related to race, sex, national origin and discrimination in Florida’s public colleges and universities. While professors may discuss those concepts objectively, the law bars instruction that the state considers to endorse them.
The appellate court rejected Florida’s argument that professors’ classroom speech is simply government speech because they are state employees.
The decision affects classroom instruction at Florida’s public universities, where enforcement of the law’s higher education provisions has remained blocked while the litigation continues through the federal courts.
Lawsuits Filed by Professors
The lawsuits were brought by university professors, students and free speech organizations, including the Foundation for Individual Rights and Expression (FIRE) and the ACLU of Florida, arguing that the law violated constitutional protections for academic speech.
The court agreed that the plaintiffs demonstrated a substantial likelihood of success on their First Amendment claims, allowing the injunction blocking enforcement of the higher education provisions to remain in place while litigation continues.
Judge Barbara Lagoa dissented, arguing that the majority gave insufficient weight to Florida’s authority over curriculum at its public universities.
What Happens Next?
Florida may ask the full 11th Circuit Court of Appeals to reconsider the case or petition the U.S. Supreme Court for review.
Any appeal to the U.S. Supreme Court could have nationwide implications for how states regulate classroom instruction at public colleges and universities.
The decision applies only to the challenged higher education provisions and does not automatically invalidate every section of the Individual Freedom Act.
Why It Matters
The ruling represents one of the most significant judicial setbacks to Gov. Ron DeSantis’ education agenda and is expected to influence Florida politics throughout the 2026 election cycle as legal challenges to other state education laws continue..
The decision also comes as candidates prepare for the 2026 Florida elections, where education policy remains a major campaign issue.
Sources
Primary Sources
- U.S. Court of Appeals for the 11th Circuit Opinion (Pernell v. Lamb)
- Individual Freedom Act (HB 7), Florida Legislature
- Foundation for Individual Rights and Expression (FIRE)
- ACLU of Florida
Related Coverage
- Florida Elections 2026
- Politics
- Investigations
- DeSantis Seeks Terrorist Designation for CAIR Florida, Muslim Brotherhood and Antifa Under New State Law
Editor’s Note:
The Florida Pundit will update this article if the State of Florida seeks further review before the full 11th Circuit Court of Appeals or files a petition with the U.S. Supreme Court.
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