(BOSTON)— PEN America, the free expression and writers group, has filed an amicus brief with the First Circuit Court of Appeals, urging the court to stop enforcement of a New Hampshire “banned concepts” law that censors public school classroom lessons on racism, sexism, sexual orientation and other related topics. A lower court ruled last year that the law was unconstitutional.
Katie Blankenship, counsel and senior director of PEN America Florida, said: “This law sets up yet another dystopian reality for teachers who cannot possibly teach historic and groundbreaking trends or ideas when their lessons are erased of the critical facts and causes that underlie them. For students, how would they understand what sparked developments without knowing the factors that led to them? No one can imagine teaching the history of Jim Crow in the South or the women’s suffrage movement, as only two examples, under such a gag order. Education demands the full view of what has occurred, not an insubstantial version based on the ideological viewpoints of politicians and lawmakers. This is dangerous censorship and antithetical to the core principles of the First Amendment. Not only is it a frontal assault on free speech but it also seriously undermines the freedom to learn.”
The law in New Hampshire is among many censorial bills proliferating across the country since 2021, such as Florida’s Stop WOKE and Don’t Say Gay legislation, which have been replicated by other states. Between January 2021 and October 2024, 365 educational gag order bills were introduced in 46 states, and 38 of these bills were enacted into law.
In May 2024, a federal court ruled that New Hampshire’s “banned concepts” law was unconstitutional. The ruling came after a lawsuit was filed by a coalition of educators and advocacy groups, including the American Civil Liberties Union (ACLU) and the National Education Association (NEA).
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Contact: Suzanne Trimel, [email protected], (201) 247-5057