The provisions blocked by U.S. District Judge Henry Wingate on Monday seek to prohibit public schools from discussing a list of “divisive concepts” related to race, sex, gender identity, sexual orientation and national origin. They would also prevent public schools from maintaining programs, courses or offices that promote DEI or endorse “divisive concepts” and ban diversity training requirements.
The law, which took effect in April, aims to prevent public schools from “engaging in discriminatory practices” by banning DEI offices, trainings and programs. Any school in violation of the act could lose state funding.
A group of teachers, parents and students is suing the state, alleging the law violates their First and Fourteenth Amendment rights.
At an Aug. 5 hearing, lawyers representing the plaintiffs argued that the law is too confusing, leaving parents, teachers and students wondering what they can and cannot say and whether they could face consequences as a result of their speech.
The Mississippi Attorney General’s Office argued that public employees do not have First Amendment rights.
“They are speaking for the government and the government has every right to tell them what they need to say on its behalf,” said Lisa Reppeto, an attorney at the state attorney general's office.
She added that the First Amendment does not give students the right to dictate what their school does or does not say.
Reppeto also said the consequences of the law are aimed at the schools — not students or teachers — and that the plaintiffs' “argument is not consistent with what is in the statute.”
