Federal Court Blocks Trump’s Effort to Censor Schools, End Equity Programs

Supporters of the public school system join “Hands Off Our Schools” rally outside the Department of Education building in Washington D.C. (AP Photo/Manuel Balce Ceneta)

A federal judge in Maryland struck down two nationwide directives issued by the Trump administration, that sought to rewrite civil rights law and censor classrooms in an effort to end diversity, equity and inclusion (DEI) programs in public schools. 

The orders — issued in February and April by the Department of Education — threatened to withhold federal funding from school districts unless they removed or altered lessons on race, dismantled student support programs serving particular communities and signed certifications swearing compliance with the administration’s new interpretation of federal civil rights law. 

U.S. District Judge Stephanie A. Gallagher, appointed by President Donald Trump, declared the orders unlawful, unconstitutional and void, and permanently blocked their enforcement. 

In her decision Thursday, Gallagher found that the rules were so vaguely written that schools could not determine what was prohibited — a violation of the U.S. Constitution’s guarantee of due process.

“The government did not merely remind educators that discrimination is illegal. It initiated a sea change in how the Department of Education regulates educational practices and classroom conduct, causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished,” Gallagher wrote. “The regulation of speech cannot be done casually.”

The court further ordered that the U.S. Department of Education is permanently enjoined from implementing, enforcing or giving effect to Trump’s orders in any way.

The lawsuit was brought by the American Federation of Teachers, the American Sociological Association and Eugene School District 4J in Oregon. The plaintiffs argued that Trump’s plan weaponized federal civil rights law to attack public schools, teachers and students. 

“The Trump-Vance administration’s crusade against civil rights, equity, and inclusion is unlawful and threatens all Americans. This is an invaluable decision that will have a sweeping and positive impact on public schools, teachers, and students,” Skye Perryman, president and CEO of Democracy Forward, which represented the plaintiffs, said in a statement after the ruling. “While the fight to protect public education is far from over, today’s ruling is an important victory.” 

*Democracy Docket founder Marc Elias is the chair of Democracy Forward’s board.