Cassandra Simon, et. al v. Kay Ivey, et. al

Summary

A group of Alabama professors, students, and the Alabama State Conference of the NAACP filed a federal lawsuit challenging Alabama Senate Bill 129 (SB129), arguing that it unconstitutionally restricted academic freedom and free speech in public universities. The law’s vague and broad language led to the closure of diversity-focused offices, loss of funding for student organizations, and the dismantling of inclusive campus spaces, disproportionately affecting Black and LGBTQIA students. Plaintiffs, represented by the ACLU of Alabama and other legal groups, contended that SB129 violated the First and Fourteenth Amendments by imposing viewpoint-based restrictions on teaching and campus activities related to race, gender, and social justice.

Faculty members like Dr. Cassandra Simon faced threats of discipline for addressing topics deemed “divisive” under the law, while students witnessed the erosion of inclusive initiatives on campus. The plaintiffs sought declaratory and injunctive relief to block enforcement of SB129, citing its chilling effect on education and expression. Alabama officials filed motions to dismiss the case, arguing that the plaintiffs lacked standing and that their claims failed to establish constitutional violations. They asserted that the law did not prevent discussions on race but prohibited mandating specific perspectives.

As of June 2025, the lawsuit remained active with a federal court hearing scheduled to decide on a preliminary injunction that could temporarily block SB129 while the case proceeded. Governor Kay Ivey and the University of Alabama Board of Trustees stood by the legislation, asserting its intent to prevent the promotion of divisive concepts and to protect students from being compelled to adopt specific viewpoints.