The 8th U.S. Circuit Court of Appeals upheld Arkansas's law banning the teaching of critical race theory in public schools, stating that students do not have a special right regarding educational content. The court lifted a previous injunction that prevented enforcement of the law, emphasizing that government message promotion is subject to political accountability and can change. The ruling ensures curriculum decisions remain with elected officials responsive to public voter opinions, complicating students' First Amendment challenges against the law.
"The right to receive information from a private speaker cannot be used to require the government to provide a message it no longer is willing to say," Grasz wrote.
"With its ruling today, the 8th 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," stated Arkansas Attorney General Tim Griffin.
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