Judge Overturns New Hampshire Law Restricting Teaching of Controversial Subjects

A judge in New Hampshire declared a state law limiting the teaching of race and general topics in public schools unconstitutional.

U.S. District Judge Paul Barbadoro issued the groundbreaking ruling on Tuesday, overturning a measure that restricted discussions on sensitive subjects for students from kindergarten through 12th grade, as reported by the American Civil Liberties Union of New Hampshire.

The law prohibited public schools in New Hampshire from addressing “divisive topics” related to race or sex, forbidding students from being taught or coerced into believing they are inherently superior based on their race, religion, gender identity, or other characteristics, as reported by The Hill.

Two lawsuits challenging the law were filed, one by two educators and the National Education Association-New Hampshire, and the other by the American Federation of Teachers.

Judge Barbadoro deemed the law, enacted in the summer of 2021, “unconstitutionally vague” and a violation of the 14th Amendment. The law was introduced following a Trump executive order that threatened federal funding for schools promoting divisive concepts based on race and sex.

“The banned concepts are not clearly defined and create confusion for teachers, leaving significant gaps that can only be filled by those enforcing the law, leading to arbitrary enforcement,” Barbadoro stated in his ruling.

Prior to the ruling, Moms for Liberty New Hampshire offered a $500 reward for anyone reporting a teacher breaking the rule, a move criticized by Republican Governor Chris Sununu as “inappropriate.”

The ACLU of New Hampshire hailed the ruling as a victory for academic freedom in the state, with legal director Gilles Bissonnette stating, “This unconstitutional classroom censorship law had no place in New Hampshire. We are grateful to the court for halting the culture of fear propagated in Granite State schools under this law.”