New Hampshire Ban on Teaching About Bias Ruled Unconstitutional

New Hampshire state laws restricting what public school teachers can teach about diversity, equity, and inclusion are unconstitutional on their face, a federal trial court ruled.

The amendments to the state’s education and antidiscrimination laws violate the Fourteenth Amendment to the US Constitution because they “are viewpoint-based restrictions on speech that do not provide either fair warning to educators of what they prohibit or sufficient standards for law enforcement to prevent arbitrary and discriminatory enforcement,” Judge Paul J. Barbadoro, of the US District Court for the District of New Hampshire, said.

The amendments “are fatally vague in three ways: (1) ...