Attorneys are asking a judge to make permanent an injunction over parts of the Arkansas LEARNS Act.
In May, U.S. District Judge Lee P. Rudofsky granted a narrow injunction on one part of the law. Section 16 bans teaching “indoctrination,” “critical race theory,” or any material that the law says may “encourage” discrimination.
After the law passed, AP African American Studies was briefly removed from the state's curriculum. Little Rock Central High teacher Ruthie Walls, along with several students, asked the judge for a preliminary injunction allowing Walls to teach the class as usual.
During a hearing on the case, attorneys for the plaintiffs argued Section 16 created a chilling effect on education. For example, Walls said she had removed copies of the Alice Walker novel "The Color Purple" out of fear of Section 16. A second teacher, Colton Gilbert, said through attorneys that the law made it difficult to teach a debate class.
In their arguments, lawyers for the state classified AP American Studies as teaching a type of so-called "critical race theory."
Rudofsky thought the law was worded in such a way as to not actually “prohibit teachers from teaching about, using or referring to critical race theory, or any other theory, ideology, or idea.” He interpreted the law as merely not allowing teachers to “force” beliefs on students.
Rudofsky granted a partial injunction for the teachers and students in the suit; this way they could return books like "The Color Purple" to their shelves. He said he did not see enough evidence of a chilling effect in other ways. He said he hoped to “give comfort to teachers across the state” who may be worried the law would prevent them from teaching in the manner they choose.
Both sides interpreted the ruling as a win. Attorney General Tim Griffin said, "the very limited injunction merely prohibits doing what Arkansas was never doing in the first place.”
Meanwhile, David Hinojosa, one of the lawyers bringing the suit said:
“The court’s ruling makes it clear that students’ right to receive information and ideas was violated."
Now attorneys are asking to make the injunction permanent, filing a brief in the United States Court of Appeals for the Eighth Circuit last week. They anticipate going to court in the fall in St. Louis. Meanwhile, a hearing to throw out the case will be held in October.
