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Overview

Every day, dedicated teachers and administrators in public schools work to help students understand the world around them and prepare them for success as adults in our increasingly diverse country. This includes teaching the full picture of American history—both good and bad—so that students can reconcile its effects on our society in the present.

On December 20, 2021, a diverse group of educators, advocacy groups, and law firms filed a federal lawsuit challenging a New Hampshire classroom censorship law, contained within state budget bill HB2, which discourages public school teachers from teaching and talking about race, gender, sexual orientation, disability, and gender identity in the classroom.

The New Hampshire lawsuit argues that HB2’s language unconstitutionally chills educators’ voices under the 14th Amendment, and prevents students from having an open and complete dialogue about the perspectives of historically marginalized communities, as well as on topics concerning race, gender, sexual orientation, gender identity, and disability.

The lawsuit was brought by New Hampshire school administrators Andres Mejia and Christina Kim Philibotte, who both specialize in diversity, equity, and inclusion. The lawsuit was also brought by the National Education Association – New Hampshire (NEA-NH), which is comprised of more than 17,000 member educators in New Hampshire and represents the majority of all public school employees in the state.

They are represented by lawyers from a broad coalition of organizations and law firms, including the NEA-NH and National Education Association, the ACLU, the ACLU of New Hampshire, Disability Rights Center – New Hampshire, GLBTQ Legal Advocates & Defenders, Nixon Peabody LLP, Preti Flaherty Beliveau & Pachios LLP, and Shaheen & Gordon, P.A.

Read the complaint.

Senate Bill 304 would repeal the law this suit addresses. Find out more about this bill here.