
2022 Wins With David Cole
December 15, 2022
As we near the end of the year, we are bringing you an episode of reflection. A lot has happened in the world, in our country and in our work at the ACLU.
While we have weathered devastating losses like the overturn of Roe v. Wade this past summer, there are still meaningful victories we can celebrate this year and build on in the coming year. We鈥檝e successfully fought back in courts all across the country on behalf of abortion access, racist and homophobic education gag orders, immigrant rights, voting rights and so much more.
So today we are regrouping with the ACLU鈥檚 National Legal Director, David Cole, to talk through where we can find hope this year and also where we can continue to press forward.
In this episode
Kendall Ciesemier

This Episode Covers the Following 糖心Vlog
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Federal Court Grants Preliminary Injunction Against Department of Education鈥檚 Unlawful Directive
CONCORD, N.H. 鈥 In a victory for students, parents, and educators, a federal judge has granted a request for a preliminary injunction blocking enforcement of the U.S. Department of Education鈥檚 (ED) February 14, 2025, 鈥淒ear Colleague鈥 letter against the plaintiffs, their members, and any entity that employs, contracts with, or works with one or more of Plaintiffs or Plaintiffs鈥 member. The court鈥檚 ruling blocks ED鈥檚 unprecedented and unlawful attempt to restrict discussions and programs on diversity, equity, and inclusion in educational institutions, and its threat to withhold federal funding for engaging in such efforts. The Dear Colleague Letter鈥檚 directive contradicts long-standing legal protections for academic freedom and violates the constitutional rights of students and educators by imposing vague and coercive restrictions on curriculums and programs. The preliminary injunction prevents ED from enforcing the directive while litigation continues, ensuring that schools can continue their educational mission without fear of federal retaliation. 鈥淎cross the country educators do everything in their power to support every student, ensuring each feels safe, seen, and is prepared for the future. Today鈥檚 ruling allows educators and schools to continue to be guided by what鈥檚 best for students, not by the threat of illegal restrictions and punishment. The fact is that Donald Trump, Elon Musk, and Linda McMahon are using politically motivated attacks and harmful and vague directives to stifle speech and erase critical lessons to attack public education, as they work to dismantle public schools. This is why educators, parents, and community leaders are organizing, mobilizing, and using every tool available to protect our students and their futures,鈥 said National Education Association President Becky Pringle. 鈥淲hile this interim agreement does not confirm the Department's motives, we believe it should mark the beginning of a permanent withdrawal from the assault on teaching and learning. The Department鈥檚 attempt to punish schools for acknowledging diversity, equity and inclusion is not only unconstitutional, but it鈥檚 also extremely dangerous -- and functions as a direct misalignment with what we know to be just and future forward. Today鈥檚 decision is a critical step toward protecting the freedom to teach, and the freedom to learn,鈥 said Sharif El-Mekki, Center for Black Educator Development CEO & founder. 鈥淭oday鈥檚 ruling is a victory for students, educators, and the fundamental principles of academic freedom. Every student deserves an education that reflects the full diversity of our society, free from political interference,鈥 said Sarah Hinger, deputy director of the 糖心VlogRacial Justice Program. 鈥淭he federal government has no authority to dictate what schools can and cannot teach to serve its own agenda, and this ruling is an important step in reaffirming that.鈥 Gilles Bissonnette, legal director of the 糖心Vlogof New Hampshire, said, 鈥淭he court's ruling today is a victory for academic freedom, the free speech rights of educators, and for New Hampshire students who have a right to an inclusive education free from censorship. Every student, both in the Granite State and across the country, deserves to feel seen, heard, and connected in school - and that can't happen when classroom censorship laws and policies are allowed to stand." On March 5, the 糖心Vlog, the 糖心Vlogof New Hampshire, the 糖心Vlogof Massachusetts, the National Education Association (NEA), and the National Education Association鈥揘ew Hampshire, filed a lawsuit in U.S. District Court in New Hampshire, against ED. Also joining the case as plaintiff is the Center for Black Educator Development. Plaintiffs represented in the lawsuit against ED have said they鈥檝e felt like the 鈥淒ear Colleague Letter鈥 instigated a 鈥渨itch hunt鈥 against them. Teachers who have dedicated their lives to helping every student grow to their full potential have been in fear of losing their jobs and teaching licenses if they do not severely restrict what they and their students say and do in their classrooms. The lawsuit challenges ED鈥檚 directive on multiple legal grounds. Specifically, the lawsuit argues that ED has overstepped its authority by imposing unfounded and vague legal restrictions that violate due process and the First Amendment; limiting academic freedom and restricting educators鈥 ability to teach and students鈥 right to learn; and unlawfully dictating curriculum and educational programs, exceeding its legal mandate. The case will now proceed as the court considers whether to permanently block the Department鈥檚 directive. The court鈥檚 decision can be found here. A copy of the lawsuit can be found here.