07/20/2025 / By Laura Harris
A federal appeals court has ruled that Arkansas can enforce its ban on critical race theory (CRT) in public school classrooms, stating that students do not have a First Amendment right to demand the inclusion of certain instruction in public school curricula.
On Wednesday, July 16, the Eighth U.S. Circuit Court of Appeals vacated a previous injunction that temporarily blocked the state’s prohibition, part of a sweeping education overhaul signed into law in 2023 by Arkansas Gov. Sarah Huckabee Sanders. The decision clears the way for the state to resume enforcement of the measure.
The challenge to the law was brought by two students and two teachers at Little Rock Central High School, a historic site in the civil rights movement for its role in the 1957 desegregation crisis. A federal district judge initially granted a preliminary injunction to the students, allowing them temporary relief, but not to the teachers.
In a unanimous opinion, the three-judge appellate panel wrote: “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.”
The judges explained that they do not mean to minimize the students’ concerns, whether in this case or in the abstract, about a government that decides to exercise its discretion over the public school curriculum by prioritizing ideological interests over educational ones. However, “the Constitution does not give courts the power to block government action based on mere policy disagreements.”
Critical race theory (CRT) is an academic concept originating in the 1970s that argues racism is not just the product of individual bias or prejudice, but also embedded in legal systems and policies. While CRT is typically studied in law schools and universities, it has become a political flashpoint in recent years. Conservative lawmakers in multiple states are pushing to ban racially divisive instruction in public schools.
Attorneys representing the group of Arkansas teachers and students expressed disappointment following the decision. Meanwhile, state officials hailed the ruling as a victory for local control and conservative education policy. (Related: Trump vows to cut federal funding for schools pushing CRITICAL RACE THEORY and transgenderism.)
“With its ruling today, the Eighth Circuit continues to ensure that the responsibility of setting curriculum is in the hands of democratically elected officials who, by nature, are responsive to voters,” Arkansas Attorney General Tim Griffin said on Wednesday.
Sanders, who served as the press secretary of President Donald Trump during his first term, also celebrated the decision in a post on X. “Big win for common sense, education freedom and parents who just want our schools to teach kids how to think, not what to think,” she posted shortly after the ruling.
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