Identity of Speakers
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American Federation of Teachers
Unaffiliated
OtherA national teachers’ union representing over 1.7 million educators, advocating for public education and workers’ rights, Plaintiff
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AFT–Maryland
Unaffiliated
OtherThe Maryland state affiliate of AFT, representing teachers and school staff across the state, Plaintiff
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American Sociological Association
Unaffiliated
OtherA professional association of sociologists promoting the study of society and the use of sociological research in policy and education, Plaintiff
Resources
Additional Information
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Incident Nature:
Other
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Incident Political Orientation:
Not Clear -
Incident Responses:
Title IX or other federal statute
Other
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Incident Status:
In litigation Federal District Court
- Did not involve Speech Codes
Summary
On February 14, 2025, the U.S. Department of Education’s Office for Civil Rights issued a Dear Colleague Letter on Title VI of the Civil Rights Act in Light of Students for Fair Admissions v. Harvard. The letter asserted that the Supreme Court’s 2023 ruling in SFFA v. Harvard extended well beyond admissions, warning that schools and colleges receiving federal funds could not operate programs or initiatives that, in the Department’s view, “treat individuals differently based on race, color, or national origin.” The guidance suggested that many diversity, equity, and inclusion efforts, including scholarships, outreach programs, and curricular content, were unlawful under Title VI.
On February 25, 2025, the American Federation of Teachers (AFT), AFT–Maryland, and the American Sociological Association (ASA) filed suit in the U.S. District Court for the District of Maryland, represented by Democracy Forward. Their complaint alleged that the Department’s actions violated the Administrative Procedure Act by issuing a binding policy without notice-and-comment rulemaking, exceeded statutory authority under Title VI, and infringed on First and Fifth Amendment rights by chilling protected speech and academic freedom. The plaintiffs described the guidance as an attempt to “weaponize civil rights laws against the very students they were designed to protect.” Parallel lawsuits were also filed by the National Education Association and the NAACP, challenging the directives on similar grounds.
On April 3, 2025, the Department followed with a Certification Requirement, directing recipients of federal education funds to formally attest that they were in compliance with its interpretation of the law.
On April 24, 2025, Judge Stephanie A. Gallagher issued a preliminary injunction blocking enforcement of the Dear Colleague Letter. She held that the guidance was likely a final agency action unlawfully issued without proper procedure, and that it “posed a credible threat of enforcement” that could chill constitutionally protected expression. The court did not at that stage enjoin the Certification Requirement, concluding that it was not itself a final agency action, though other courts in related cases later issued broader injunctions.
On August 14, 2025, Judge Gallagher issued a final judgment, vacating both the February 14 Dear Colleague Letter and the April 3 Certification Requirement. The court ruled that the Department’s actions were “unconstitutional, unlawful, and issued in violation of the Administrative Procedure Act.” The judgment declared that the Department had misapplied SFFA v. Harvard, had imposed obligations never authorized by Congress, and had attempted to censor lawful educational activity under threat of funding cuts. Following the decision, AFT said the ruling was “a victory for democracy and freedom,” ASA described it as “a decisive win against education censorship,” and Democracy Forward called the judgment “a major victory for public education, civil rights, and academic freedom,” emphasizing that it ensured schools could continue to provide inclusive, honest teaching without fear of federal retaliation.
