Bloomberg Law
July 7, 2021, 8:46 AMUpdated: July 7, 2021, 2:24 PM

Laws Aimed at Critical Race Theory May Face Legal Challenges (1)

Tiana Headley
Tiana Headley

New laws in GOP-controlled states restricting how teachers and professors can discuss race and racism may be vulnerable to court challenges claiming they violate classroom free speech rights and students’ equal protection guarantees.

The statutes enacted or under consideration in several states often are criticized as vague and overbroad, both First Amendment violations. What educators can teach or discuss with students often is left unclear due to how the bills are worded, say education and constitutional law professors.

“If a law hasn’t put a reasonably intelligent person on notice of what it prohibits, then the law can’t be enforced against ...

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