Today, a group of Alabama students and educators in higher education filed a federal lawsuit challenging Senate Bill 129 (SB129) – a censorship bill that impedes their ability to learn, teach, and engage in public university classes and programs related to diverse viewpoints and topics. These topics include certain matters concerning race, racism, sexism, homophobia, structural inequality, and social justice that are disfavored by state elected officials who have no expertise in higher education. SB129, which went into effect in October 2024, further targets and severely restricts programs, offices, and events related to the state’s unusual and unilateral definition of “diversity, equity, and inclusion” (“DEI”), which is not based on the common understanding of that term.
Since SB129’s passage, Black professors and students, LGBTQIA students, and other students of color have experienced numerous harms — including censorship of certain teachings and discussions involving race-based and sex-based inequalities, discriminatory restrictions on university funding for student organizations, and removal of inclusive campus spaces that had served Black and LGBTQIA university students for several years. The plaintiffs in the case include Alabama public university faculty and students, as well as the Alabama State Conference of the NAACP, and are represented by the Legal Defense Fund (LDF), ACLU of Alabama, and Arnold & Porter.
In the complaint filed today, plaintiffs claim that SB129 violates the First Amendment to the U.S. Constitution by imposing viewpoint-based restrictions on educators’ speech, the information students seek to learn, and universities’ allocation of state funding and on-campus spaces to student organizations. They further assert that SB129 is so vague and ambiguous that educators and students cannot reasonably discern what is prohibited by the statute’s terms in violation of their rights to Due Process under the Fourteenth Amendment. In addition, the complaint alleges that SB129 violates the Equal Protection Clause of the Fourteenth Amendment because it intentionally discriminates against Black faculty and students on the basis of race.
“SB 129 is among the most egregious infringements on the rights of students to receive the quality of education they deserve. While the law’s vague and opaque language promote uncertainty and fear on campus, it also prevents the full elimination of white supremacy and its lingering impact in present-day Alabama. Inclusive curriculum and campus spaces are undeniably a strength in higher education, and, as a professor, I’ve witnessed how teaching and engaging with some of these so-called ‘divisive concepts’ can be transformative for both professors and students. The state legislative body has no right to censor and vilify these important and legitimate topics in our classrooms,” said Cassandra Simon, an Alabama professor who is a plaintiff in the case. “If this discriminatory legislation is allowed to continue, elected officials—with no expertise in matters of higher education—will become emboldened to further impose their viewpoints on the university communities. As a professor who has spent the past 37 years educating students and supporting the wellbeing of our campus communities, I have a moral and ethical responsibility to my students, colleagues, and society at large to speak out against SB 129.”
“I felt compelled to join this lawsuit challenging SB 129 because, as a Black college student, I've seen firsthand how the removal of initiatives for diversity, equity, and inclusion has harmed the sense of belonging and the quality of education on campus. Voices have been silenced, opportunities are disappearing, and the enthusiasm for learning that once thrived on campus is fading. This environment undermines the essence of higher education,” said Sydney Testman, an Alabama college student and plaintiff in the case.
“The Alabama Legislature’s censorship of important discussions about race and gender inequalities and its attack on so-called DEI programs are an affront to the constitutional rights of Alabama faculty and students. The harms are particularly salient for Black, LGBTQ+, and other faculty and students of color, whose histories and lived experiences have been dismissed, devalued, and undermined on their campuses. Contrary to the Legislature’s baseless justifications for SB 129, programs on Alabama campuses that advance diversity, equity, and inclusion benefit all students and faculty, helping to broaden educational opportunities and create campus environments that foster understanding, inclusion, and belonging,” said Antonio L. Ingram, II, LDF Senior Counsel. “SB 129 is rooted in racial discrimination and embodies the same painful legacy of historical oppression that Alabama lawmakers seek to ignore and erase. While some lawmakers may wrongly disparage efforts to advance diversity, equity, and inclusion, the vast majority of Americans know and appreciate that diversity strengthens us—not divides us. We urge the courts to unequivocally reject this discriminatory censorship law.”
“Last spring, the ACLU of Alabama stood alongside students who bravely protested at the state legislature when SB 129 was introduced and rushed to Governor Kay Ivey’s desk. Today, we are proud to file this litigation challenging SB129 to defend and protect the constitutional rights of Alabama’s students and professors,” said Alison Mollman, ACLU of Alabama Legal Director. “We will not sit idly by as our legislature and Governor Ivey pass racially discriminatory laws that restrict access to learning, truth-telling, and free speech.”
Read the full complaint here. If you are a student requiring more information, attend our SB129 Student Informational on January 22nd.
