Federal Appeals Court Strikes Down Florida's 'Stop Woke Act' in Higher Education

On July 7, 2026, the U.S. Court of Appeals for the 11th Circuit struck down the higher education provisions of Florida's "Stop WOKE Act," delivering a landmark victory for academic freedom and First Amendment rights on public university campuses.[1]

The 2-1 decision decisively rejected the state's argument that it could control the speech of public university professors simply because they are government employees.

Writing for the majority, Judge Britt C. Grant—an appointee of President Donald Trump—called Florida's position a "breathtaking assertion of power to ban unpopular ideas from public discourse."

The ruling ensures that Florida's public colleges and universities will remain environments where complex, controversial, and challenging ideas can be debated freely, without the "pall of orthodoxy" mandated by state politicians.[1]

Passed in 2022 and championed by Governor Ron DeSantis, the Individual Freedom Act sought to prohibit instruction that "espouses, promotes, advances, inculcates, or compels" belief in eight specific concepts related to race, sex, and national origin.[2][3]

These targeted concepts included the idea that an individual is inherently racist or sexist by virtue of their race or sex, or that a person bears responsibility for historical actions committed by members of their same demographic group.[2][3]

The state argued that the law was necessary to prevent "indoctrination" and protect students from feeling psychological distress or guilt over historical injustices.[2]

However, the appellate court dismantled this rationale, emphasizing that higher education is fundamentally designed to expose adult students to a wide spectrum of thought. "The ideas Florida targets may well be noxious. Or maybe not," Judge Grant wrote. "Either way, in this context the First Amendment trusts students to figure it out for themselves."[1]

The legal battle began when the Foundation for Individual Rights and Expression (FIRE) and the American Civil Liberties Union (ACLU) filed lawsuits in 2022 on behalf of professors and students, arguing the law was unconstitutionally vague and discriminatory.[1]

A federal district court initially blocked the higher education provisions in late 2022, a preliminary injunction that Tuesday's appellate ruling has now affirmed and cemented.

The state's core legal defense relied on the "government speech" doctrine, asserting that because professors are paid by the state, their classroom instruction is effectively the state's speech, which the government can regulate at will.

The 11th Circuit firmly rejected this "salary-for-speech" rule. The majority noted that applying such total control would destroy the traditional constitutional protections for academic freedom that are essential to a functioning university system.

Judge Barbara Lagoa, another Trump appointee, issued a dissenting opinion arguing that while the First Amendment protects viewpoints in the public square, it "does not compel all viewpoints to be worthy of state-sponsored endorsement."[3]

Florida Attorney General James Uthmeier immediately praised Lagoa's dissent, suggesting her deference to state legislative power over public institutions makes her a model jurist who belongs on the Supreme Court.

Despite the dissent, civil rights advocates celebrated the majority's decision as a crucial firewall against a growing national trend. Since the Stop WOKE Act was introduced, more than 30 other states have proposed similar legislation attempting to restrict higher education curricula.

"This ruling sets a strong precedent that higher education cannot be limited to the whims of politicians," said Leah Watson, a senior staff attorney with the ACLU's Racial Justice Program.

Educators echoed this relief. Robert Cassanello, President of the United Faculty of Florida, emphasized that professors are content experts who have a constitutional right to determine their curriculum without being compelled to repeat state-drafted political speech.

What remains uncertain is the fate of K-12 education. While the higher education and workplace training provisions of the Stop WOKE Act have now both been struck down by the 11th Circuit, the law's restrictions on K-12 public school classrooms remain in effect.

Legal experts suggest that Tuesday's sweeping defense of free inquiry in higher education could provide a new framework for future challenges to K-12 censorship, though courts traditionally grant states more leeway over curriculum for minors.

For now, the ruling guarantees that Florida's university students will return to campuses this fall where the exchange of ideas—however difficult or controversial—remains protected by the highest laws of the land.[1]