New Hampshire Educators Pleased Federal Court Rules to Allow Lawsuit Against State’s ‘Divisive Concepts’ Law to Proceed

New Hampshire Educators Pleased Federal Court Rules to Allow Lawsuit
Against State’s ‘Divisive Concepts’ Law to Proceed
AFT-NH: A Victory for New Hampshire’s Teachers and Students
CONCORD, N.H.—The American Federation of Teachers and AFT-New Hampshire reacted to news today that a federal court will allow AFT-New Hampshire’s lawsuit against the state’s so-called divisive concepts law to proceed, with the judge writing that teachers should not be in a position where they must instruct students on certain concepts but face losing their jobs.
The controversial law, passed in 2021, is called the “Right to Freedom from Discrimination in Public Workplaces and Education.” AFT-NH contends it violates teachers’ free speech rights when teaching as well as students’ First Amendment rights not to have censored instruction block their right to learn.
The lawsuit went on to argue that the divisive concepts statute is unconstitutionally vague and contradicts the U.S. Constitution as well as a state law mandating that public school curriculum include the teaching of accurate, honest history and social studies.
AFT-NH’s case against the law has been consolidated with a similar one brought by the American Civil Liberties Union of New Hampshire. It was filed with the U.S. District Court for the District of New Hampshire.
U.S. District Judge Paul Barbadoro used AFT-NH’s actual wording in its suit to agree that the law is flawed and the lawsuit should proceed.