The right to free expression is a cornerstone of our democracy—and a fundamental aspect of our public education system, where people have the freedom to learn about our country’s diversity of histories, heritages, and perspectives. These protections are particularly critical for Black Americans and other individuals, whose histories and perspectives—for too long—have been excluded and devalued. Despite the need for more inclusion and opportunities for Black students, there has been a clear and coordinated attack on truthful, inclusive education – including through book bans, curriculum censorship, and anti-DEI legislation. Alabama is one of many states since 2017 that have adopted legislation to restrict certain discussions around race and racism in the classroom, and implemented legislation aimed at stifling access to diversity, equity, and inclusion programs.
Black people make up more than one-quarter of Alabama’s population and have contributed to its growth over the course of centuries. Black communities also have a rich, storied history in the state, having risked their lives to make Alabama live up to the promises of our Constitution. Seminal events in the Civil Rights Movement like the Montgomery Bus Boycott, Bloody Sunday, and the Selma to Montgomery March led by brave activists, including Rep. John Lewis and Dr. Martin Luther King, Jr., were central to the struggle for racial equality and the battle against white supremacy. Yet some Alabama lawmakers seek to undermine and erase this history.
These egregious attempts to reverse progress toward racial justice cannot change the fact that America is a multi-racial, multi-ethnic democracy where everyone’s voice, everyone’s story, and everyone’s future matters. We know that truthful and inclusive education is fundamental to the shared future of all Alabamians. That is why the Legal Defense Fund is unwavering in its commitment to standing in defense of truth and working to ensure all students have full access to high-quality and inclusive education.
On January 14, 2025, the Legal Defense Fund (LDF) filed a lawsuit against the State of Alabama on behalf of a diverse group of public university educators and students, citing its widespread attempts to restrict and censor curriculum and programs related to issues and viewpoints that are disfavored by elected politicians, including certain topics pertaining to Black history, structural inequalities, and white supremacy. The lawsuit challenges the constitutionality of Alabama’s racially discriminatory censorship law, SB129.
SB 129, which went into effect in October 2024, targets and severely restricts programs, offices, and events related to the state’s own definition of “diversity, equity, and inclusion” (“DEI”) and the teaching of certain topics related to systemic inequalities on the bases of race, sexual orientation, gender identity, and other identities on Alabama public college and university campuses. SB 129 became law, Black professors and students, LGBTQIA students, and other students of color have experienced its harms — including restrictions on certain discussions involving race-based and sex-based inequalities, discriminatory restrictions on funding, and the removal of inclusive campus spaces offered to student groups who are perceived to hold viewpoints disfavored by the Alabama legislature. Recognizing its detrimental impact on campus communities, students, educators, and advocates have joined together to challenge SB 129.
LDF has compiled answers to the most frequently asked questions about Critical Race Theory. Learn more about CRT, laws banning racial justice discourse, and how these fit into a larger effort to suppress the voices, history, and political participation of Black Americans.
LDF is at the forefront of the fight to ensure that America lives up to the ideals of justice and equality for all. The right to free expression and the right to vote are cornerstones of our democracy.
LDF Original Content
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