The National Coalition Against Censorship (NCAC) is deeply concerned by the recent “Dear Colleague Letter” issued by the U.S. Department of Education, which targets and seeks to restrict the teaching of certain race-related concepts in classrooms. This letter claims to address discrimination by eliminating race-based preferences while also targeting ‘indoctrination’ and the teaching of DEI concepts. While we share a commitment to preventing discrimination, the letter’s broad and vague language casts a pall of censorship by targeting viewpoints the government disfavors rather than addressing discriminatory conduct. The threat of withholding federal funds from schools that fail to comply with these directives represents government overreach and censorship, infringing on educators’ ability to teach freely and limiting students’ access to diverse, essential viewpoints. The letter’s directives could severely hinder educators’ ability to teach race-related topics essential for helping students understand our nation’s history and will lead to confusion, fear, and self-censorship by educators. In targeting ideas and speech rather than discrimination, this letter seeks to censor key educational concepts and violates our national commitment to free expression.
At the heart of education is the ability to engage students in open and honest discussions about complex issues, including race, history, and social justice. The letter could discourage educators from exploring the important and difficult aspects of our history, including historical and systemic racism. Limiting discussions of specific concepts and topics about race will deprive students of the opportunity to think critically and develop a full understanding of the world around them.
We are particularly concerned about the potential chilling effect this guidance may have on educators who would feel compelled to censor themselves out of fear of violating federal mandates. The Department’s letter fails to recognize that teaching race-related concepts is inherent to an earnest discussion of our national history and politics. By suggesting that educational institutions are discriminating against students by merely discussing “diversity, equity, and inclusion,” it threatens to silence important perspectives and stifle intellectual growth.
NCAC’s concerns about the letter’s censorious impacts are amplified by the recent launch of the EndDEI.Ed.Gov portal by the U.S. Department of Education. This initiative invites parents, students, teachers, and others to report perceived discrimination based on race or sex in K-12 public schools. While the government is touting the portal as a tool for addressing discrimination, the portal’s design and intent raise serious concerns. By inviting individuals to report on what they perceive as “divisive” ideologies, the Department risks creating an atmosphere of fear and retaliation, where educators and schools may feel pressured to limit or omit important educational discussions around race and gender lest they be reported by a colleague or community member. This government invitation to snitch on teachers’ language casts a pall of fear and intimidation over the teaching profession – and ultimately will impoverish their students’ education. These actions not only intimidate and censor but also unconstitutionally target speech and ideas. As outlined in the ACLU lawsuit, the letter is a government overreach that violates the First Amendment’s guarantee of free speech, a right teachers also possess.
We urge the Department to focus its enforcement efforts on actual instances of discriminatory conduct rather than target speech–while inviting the broader public to hunt out ideas they dislike for government investigation. By doing so, the Department could both target actual instances of discrimination while allowing educators the freedom to teach race and history in a manner that promotes critical thinking, equity, and understanding while preparing students to learn to engage with the complexities of the world around them.