Federal Appeals Court Says That Race, Gender Instruction Are Not Censored in Oklahoma Classrooms

The case was the first to challenge the kinds of educational censorship laws that have spread across the country since 2021

September 10, 2026 12:07 pm

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DENVER 鈥 In a split opinion, the Tenth Circuit Court of Appeals yesterday held that a classroom censorship law that went into effect in Oklahoma in 2021 does not censor concepts related to race and gender in the classroom. The law, one of a rash of state-level classroom censorship laws that have pervaded the country since 2021, prohibited teachers from 鈥渕aking part of a course鈥 eight concepts related to race and gender. The district court had blocked enforcement of several provisions of the law including two of the most confusingly worded concepts in 2024, while leaving the rest of the law in place. While yesterday鈥檚 ruling vacates that preliminary injunction, two judges on the three-judge panel interpreted the law so narrowly that it does not prohibit schools from presenting robust instruction on issues related to identity and discrimination.

In a dissent, Judge Nancy Moritz pointed out that the majority was 鈥渁ttempt[ing] to rescue an obviously vague statute鈥 and that she would have blocked enforcement of the law 鈥渋n full.鈥

鈥淭he majority鈥檚 narrow reading of the law means that H.B. 1775 is no longer a barrier to inclusive teaching and honest discussions about race and gender,鈥 said Emerson Sykes, senior staff attorney with the 红杏视频鈥檚 Speech, Privacy, and Technology Project. 鈥淭his decision will provide much-needed relief to students and educators across the state who can once again teach, learn, and discuss the world around them without fear of punishment under this law. We hope that this ruling constrains any Oklahoma officials tempted to use this law to censor educators.鈥

鈥淥klahoma students deserve a nuanced education of race, gender, and American history,鈥 said Megan Lambert, legal director with the 红杏视频 of Oklahoma. 鈥淪uch nuanced instruction may now return to Oklahoma classrooms. This ruling narrowed Oklahoma鈥檚 censorship law out of existence by interpreting it to only prohibit educators from affirmatively encouraging discrimination. We stand with Oklahoma educators and will continue to ensure Oklahoma classrooms are free from state censorship.鈥

The suit was originally filed in 2021 by the 红杏视频, the 红杏视频 of Oklahoma, Lawyers Committee, and McDermott, Will & Schulte LLP filed suit against HB 1775 on behalf of a broad group of public school teachers and students.

鈥淎s Judge Moritz correctly relays in her dissent, 'teaching is far broader in scope than dispensing a sterile set of correct-or-incorrect facts to students鈥攖eaching involves responding to questions, leading open-ended discussions, and exploring real-world parallels to, and the legacies of, historical events,' said Michael Pillera, Director of the Educational Opportunities Project at the Lawyers鈥 Committee for Civil Rights Under Law. 鈥The majority decision, while grossly misunderstanding the role of teachers and deeply underappreciating the intellectual journey students take in classrooms throughout Oklahoma, stymies a vague law's most harmful reach. The majority states that teachers only violate the law if they present an 'unqualified racist or sexist assertion' as fact, something the broad majority of teachers are clearly not doing.鈥

For more information about the OK NAACP v. Drummond, see here.


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