by Sonny Albarado, Arkansas Advocate
July 16, 2025

Arkansas’ ban on “indoctrination” in public schools doesn’t violate students’ free speech protections because the government has a right to dictate what is taught, a federal appeals court panel ruled Wednesday.

The three-judge panel from the 8th U.S. Circuit Court of Appeals tossed out a lower court’s ruling that blocked enforcement of part of Arkansas’ 2023 education overhaul law. The panel sent the case back to the district court for further proceedings.

U.S. District Judge Lee Rudofsky in May 2024 granted a preliminary injunction against the section of the LEARNS Act that prohibits “indoctrination” in public schools. Section 16 of the law specifically bans the teaching of “Critical Race Theory.” Rudofsky’s ruling applied only to the students who had sued, not the Little Rock High School teacher who was also a plaintiff in the lawsuit.

The suit argued that the “indoctrination” section of the law violated the U.S. Constitution’s First and Fourteenth Amendments, which guarantee the rights of free speech and due process, respectively.

Arkansas officials appealed the preliminary injunction, arguing free speech protections don’t mean students can demand that public schools teach certain topics. The appellate panel agreed in its 18-page ruling, written by U.S. Circuit Judge L. Steven Grasz. Circuit Judges James B. Loken and Raymond W. Gruender were the other members of the panel.

“The students concede the classroom materials and instruction they seek to receive constitute government speech. This is fatal to their likelihood of success because the government’s own speech ‘is not restricted by the Free Speech Clause,’ so it is free to ‘choose what to say and what not to say,’” the panel said, quoting from a 2022 U.S. Supreme Court ruling in Shurtleff v. City of Boston.

“Since the Free Speech Clause does not give the students the right to compel the government to say something it does not wish to, they cannot show a likelihood of success,” the appeals court ruling said.

Attorney General Tim Griffin in a statement called the appeals court ruling “an important win for the LEARNS Act and for the rule of law. With its ruling today, the Eighth Circuit continues to ensure that the responsibility of setting curriculum is in the hands of democratically elected officials who, by nature, are responsive to voters.”

The panel also ruled the district court erred in granting the preliminary injunction based on the likelihood the students might succeed on their argument that the First Amendment protects a person’s right to receive information. While students have a free-speech right to receive information, they can’t dictate what schools include in their curriculum, the panel said.

“Though a listener’s right to receive information means the government cannot stop a willing private speaker from disseminating his message, that right cannot be used to require the government to provide a message it no longer is willing to say,” according to the appeals panel.

“We do not minimize the students’ concern … about a government that decides to exercise its discretion over the public school curriculum by prioritizing ideological interests over educational ones,” the panel wrote. “But the Constitution does not give courts the power to block government action based on mere policy disagreements.”

The First Amendment right to receive information doesn’t authorize a court to require the state to retain curriculum materials or instruction, “even if such information was removed for political reasons,” the ruling said. “Since the speech belongs to the government, it gets to control what it says.”

In spite of its ruling in favor of the state’s position, the panel noted: “Government speech is not immune from all constitutional challenges, and our holding does not suggest otherwise.”

The due process argument

The district court’s preliminary injunction excluded the teachers who sued because, Rudofsky wrote, they did not show irreparable harm arising from Section 16 of the LEARNS Act.

The teachers had argued the law forced them to self-censor in their classroom instruction, but Rudofsky ruled that the speech they were allegedly censoring was the state’s, not theirs. The teachers also argued that the law’s indoctrination section was so vague that it violated the Fourteenth Amendment’s due process clause.

The teachers filed motions in the appeal making similar arguments, but the appellate panel declined to consider the vagueness claim because the teachers didn’t file a separate appeal.

Arkansas Advocate Editor Sonny Albarado can be reached at salbarado@arkansasadvocate.com

Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

The post Arkansas can outlaw public school ‘indoctrination’ and ‘critical race theory,’ appeals court rules  appeared first on arkansasadvocate.com

Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Right

This article presents the legal ruling on Arkansas’ LEARNS Act banning “indoctrination” in schools with a clear emphasis on judicial deference to state authority over curriculum. The language and framing largely reflect a perspective supportive of limiting classroom content according to elected officials’ decisions, aligning with conservative views on education and opposition to Critical Race Theory. However, the article also includes relevant legal context and quotes from both sides without overt editorializing, maintaining some balance. The overall tone and focus on upholding governmental control over curriculum suggest a center-right leaning in its presentation.

by Antoinette Grajeda, Arkansas Advocate
July 14, 2025

Gov. Sarah Huckabee Sanders approved a weeklong extension of active duty for Arkansas National Guard troops assisting officials with recovery efforts in central Texas due to deadly flash flooding. 

Twenty-two Arkansas National Guard troops who deployed to the Lone Star State last week were originally scheduled to conclude their work on July 12. They’ll now continue their duties through Saturday, according to a press release.

Arkansas emergency management team to assist with Texas flood recovery efforts 

Nearly two dozen troops and four Black Hawk helicopters are assisting with the transportation of search and rescue personnel in central Texas.

In addition to the team of 22 soldiers, which consists of pilots and crew chiefs and six maintenance personnel, two other troops are serving as liaisons in Arkansas to coordinate direct support to deployed soldiers as needed, according to the release. Their mission was also extended through Saturday, though orders may be adjusted based on mission needs. 

The Arkansas Division of Emergency Management joined recovery efforts Friday when it deployed a specialized two-person team to Texas that will support resource tracking, documentation, situational awareness and operational reporting, according to an agency news release. Team members will also act as liaisons between Texas and assisting states. 

At least 120 people died and 160 remain missing after heavy rains led to flooding in central Texas on July 4, according to The Texas Tribune.

Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

The post Arkansas National Guard Texas flooding mission extended appeared first on arkansasadvocate.com

Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Centrist

This content presents a straightforward news report on the Arkansas National Guard’s assistance in Texas flood recovery efforts, without evident political commentary or opinion. It focuses on factual information about troop deployment, official actions, and the ongoing disaster response, maintaining a neutral tone typical of impartial reporting. Therefore, it reflects a centrist, neutral political bias.

SUMMARY: Bentonville police are investigating reports of a possibly armed man seen on Crystal Bridges trails around noon today. Authorities conducted an extensive search on foot and with drones but did not find anyone. At the time, several areas of Crystal Bridges were restricted to the public, but officials confirmed there is no ongoing danger now. The venue is currently closed as a precaution, prioritizing the safety of members and guests. News teams are seeking more information from local law enforcement and Crystal Bridges, but no further updates have been provided yet. The situation remains under active investigation.

Bentonville police searching for possible armed man

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