A recent report from PEN America reveals an alarming rise in educational gag orders, particularly those targeting LGBTQ+ issues, even as the conservative group Moms for Liberty faces setbacks in recent school board elections.
This report, encompassing legislative sessions up to November 1, uncovers a concerted shift in gag orders, moving away from racial and historical themes to more focused restrictions on LGBTQ+ discussions in educational settings.
PEN America is a leading organization advocating for free expression and literature.
During 2023, state legislatures saw the introduction of 110 bills defined by PEN America as educational gag orders, with a substantial number focusing on LGBTQ+ content. Mirroring Florida’s controversial “don’t say gay” law, these bills primarily target early education grades, placing significant restrictions on classroom discussions around sexual orientation and gender identity.
In addition to Florida, states like Texas, Arkansas, and Indiana have also enacted similar laws. For instance, Texas’s SB 3 targets discussions around critical race theory (which is not taught below the undergraduate level) and aspects of American history, while Indiana’s HB 1608 limits discussions on LGBTQ+ issues in educational settings. These laws represent a national trend where state legislatures increasingly introduce bills restricting educational content on critical social issues.
Related: Moms for Liberty Candidates Rejected by Voters in Key School Board Elections
The report also sheds light on the broad impact of these laws, potentially affecting approximately 1.3 million public school teachers and 100,000 faculty members in public colleges and universities. Educators report a climate of fear and self-censorship stemming from potential legal challenges and societal backlash.
In a parallel development, recent school board elections across the United States witnessed a sweeping rejection of candidates endorsed by Moms for Liberty, a group known for its anti-LGBTQ+ educational materials stance and advocacy for “parental rights.”
Notably, Agenda PAC, a political action committee dedicated to holding anti-LGBTQ+ politicians accountable, secured victories across multiple states, marking a significant defeat for Moms for Liberty’s agenda.
Moms for Liberty, classified by the Southern Poverty Law Center as an anti-government extremist group, has been at the forefront of advocating for book bans in school libraries and spreading hateful rhetoric against the LGBTQ+ community. Their recent losses in school board races, particularly in battleground states like Pennsylvania and Iowa, underline the effectiveness of strategic campaigning by groups like Agenda PAC.
The PEN America report also highlights the strategic shift in higher education, where legislators increasingly target university governance and academic support systems. These include attacks on faculty tenure and DEI initiatives, representing a more insidious method to undermine traditional structures underpinning academic freedom and free speech in universities.
Despite these concerning trends, the report notes a growing resistance to educational gag orders. Regardless of political affiliation, most Americans have expressed opposition to academic censorship. This has translated into organized opposition nationwide, with educators, students, parents, and community groups pushing back against these laws, sometimes successfully.
As the United States approaches the 2024 legislative sessions and general elections, the report by PEN America serves as a crucial call to attention.