Lawsuit challenges constitutionality of ‘divisive concepts’ law passed by GOP legislative majority - WMUR Manchester
CONCORD, N.H. —
A lawsuit filed in federal court Monday by a major teachers union, several individual teachers and two parents charges New Hampshire’s new “divisive concepts” statute violates the U.S Constitution by “curtailing speech” and “limiting the free exchange of ideas in our classrooms.”
(This breaking news report will be updated.)
The American Federation of Teachers-New Hampshire is the lead plaintiff on the lawsuit filed in U.S. District Court in Concord.
The provision was passed in June by the Republican majorities in the New Hampshire House and Senate – and signed into law by Gov. Chris Sununu.
During a telephone news conference, AFT-NH president Deb Howes said the law has prompted "fear among teachers for not actually violating a law but feared they could be targeted by people with a political agenda."
National AFT President Randi Weingarten joined the news conference praised “courageous action for our members to step forward.”
The plaintiffs’ 52-page complaint states:
“Concisely put, the Divisive Concepts Statute was designed to limit teaching in New Hampshire of ideas and societal concerns not to their liking, thereby curtailing speech, limiting the free exchange of ideas within our classrooms and depriving New Hampshire students of their constitutionally and statutorily guaranteed right to an adequate education.
“The resulting enactment is at once unconstitutionally vague in violation of the Fourteenth Amendment of the United States Constitution, chills teacher speech in violation of the First Amendment and conflicts with and compels abridgment of New Hampshire’s Constitution and laws, thereby creating further vagueness, fear and uncertainty as to what New Hampshire teachers may teach and as a result hurts New Hampshire’s students.”
The chief author of the revised language that became law state, Senate Majority Leader Jeb Bradley, a Wolfeboro Republican, rejected the claims in the suit.
Bradley said in a statement:
"New Hampshire’s anti-discrimination law prohibits teaching New Hampshire students that they are 'inherently superior or inferior to people of another age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin.' Clearly any instruction that teaches students they are inferior or superior due to these characteristics is discrimination and it’s terribly disappointing that this lawsuit has even been filed."
Commissioner of Education Frank Edelblut refused to comment on “pending litigation,” a spokesperson said.
The plantiffs’ complaint also charges that the provision “invites partisanship into our schools and deputizes private, politically-motivated individuals to enforce its vague proscriptions.
“Indeed, in recent weeks, the Divisive Concepts Statute has been seized upon by radical political groups to rationalize an offer of an economic ‘bounty’ for informers who lodge, on a recently created State-established and Department of Education maintained website, complaints about public school teachers…. Indeed, teachers, including a Plaintiff in this action, have been made the subject of online harassment, obscenities and vicious attacks as a direct result of the climate of political intimidation created by and with the facilitation of various Defendants.”
Without fanfare, Sununu signs $13.5 billion state budget, policy-focused trailer bill into law
source: https://www.wmur.com/article/lawsuit-challenges-constitutionality-of-divisive-concepts-law/38505123
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