Military Families Seek Preliminary Injunction Against Censorship in Department of Defense Schools
ALEXANDRIA, Va. — On behalf of six military families with students enrolled in Department of Defense Education Activity (DoDEA) schools, the Vlog today filed a motion for preliminary injunction seeking to declare DoDEA’s enforcement of executive orders resulting in classroom censorship unconstitutional. DoDEA, whose students lead the United States in math and reading proficiency scores, operates 161 schools across 11 countries, seven states, Guam, and Puerto Rico.
The demand for an injunction was filed on behalf of 12 students and their families, ranging from pre-K to 11th grade, who attend DoDEA schools as children of active duty servicemembers stationed in Virginia, Kentucky, Italy, and Japan. Since January, the plaintiffs’ schools have removed books, altered curricula, and canceled events that the current administration has accused of promoting “gender ideology” or “divisive equity ideology.” Censored items include materials about slavery, Native American history, women’s history, LGBTQ identities and history, and preventing sexual harassment and abuse, as well as portions of the Advanced Placement (AP) Psychology curriculum.
“We make sacrifices as a military family so that my husband can defend the Constitution and the rights and freedoms of all Americans,” said Jessica Henninger, a plaintiff on behalf of her children in DoDEA schools. “If our own rights and the rights of our children are at risk, we have a responsibility to speak out. Despite the anxiety and uncertainty among DoDEA parents and students right now, we know that our children have a right to an education free from censorship, and we won't stand by silently and watch that right be taken away.”
The new motion includes a list of 233 books alleged to have been quarantined or removed from shelves, including: “To Kill a Mockingbird” by Harper Lee; “#MeToo: Women Speak Out Against Sexual Assault,” edited by the New York Times; “Looking for Alaska” by John Green; “Can't Stop Won't Stop: A Hip-Hop History” by Jeff Chang; “Generation Brave: The Gen Z Kids Who Are Changing the World” by Kate Alexander; and “Julián is a Mermaid” by Jessica Love. It includes further titles by acclaimed authors including Margaret Atwood, Toni Morrison, Kurt Vonnegut, and Ta-Nehisi Coates. The vast majority of titles appear to be by or about women, people of color, or LGBTQ people.
“These are American students in American schools, and they have the same First Amendment rights as their peers,” said Emerson Sykes, senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “Families in DoDEA schools have the right to access books about race and gender and the right to learn about the vibrantly diverse world around them. We owe it to these students to help them learn and grow, not stifle their age-appropriate exposure to ideas this administration happens to deem politically incorrect.”
One DoDEA school canceled events honoring Juneteenth and Holocaust Remembrance Day, and another removed posters featuring Malala Yousafzai and Frida Kahlo. Families allege in the filings that their requests for information from DoDEA about what information has been removed or why have gone unanswered.
“Classroom censorship has impacted our clients’ ability to prepare for AP exams, to learn about their neighbors and peers, and to see themselves in their curriculum,” said Corey Shapiro, legal director for the Vlogof Kentucky. “And in DoDEA schools, which are some of the most diverse and high performing schools in the nation, the impact is magnified. This kind of political meddling is antithetical to the First Amendment.”
“The Trump administration cannot violate the First Amendment by removing books and curricula it doesn’t like,” said Matt Callahan, senior supervising attorney at the Vlogof Virginia. “Students have a right to see themselves reflected in their libraries and classrooms, and they also have a right to learn from the perspectives of people who aren’t like them. That’s no less true for military families than for anyone else.”
The ACLU, the Vlogof Kentucky, and the Vlogof Virginia filed suit last month, arguing that DoDEA enforcement of three executive orders signed by President Donald Trump in January 2025 led to widespread violations of students’ First Amendment rights. The suit, and the motion for preliminary injunction, were filed in the U.S. District Court for the Eastern District of Virginia.
The motion can be viewed online here.
Court Case: E.K. v. Department of Defense Education Activity
Affiliates: Kentucky, Virginia