Bird files court brief defending Arkansas ban on school indoctrination

Iowa Attorney General Brenna Bird held a news conference May 31, 2024, announcing the results of her office's audit of victims' services. (Photo by Robin Opsahl/Iowa Capital Dispatch)

Iowa Attorney General Brenna Bird has filed a brief in federal court on behalf of 14 states defending an Arkansas law that prevents “indoctrination in K-12 schools.”

A federal district court ruled the state could not prevent two teachers from discussing the ideas of critical race theory – a primarily collegiate academic theory that asserts racism was embedded in the nation’s institutions upon its founding – in class. The ruling did not outright block the state from enforcing the law.

The teachers, as well as two students who sued alongside the teachers, asserted that the law’s vague definition of critical race theory forced teachers to self-censor over fears of violating state law.

The state appealed the district court decision to the U.S. Court of Appeals for the Eighth Circuit which is where Bird filed her brief, which is c o-signed by the attorneys general for Florida, Indiana, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Carolina, South Dakota, Texas, Utah and West Virginia.

“If allowed to stand, the district court’s decision threatens to wreak havoc on States’ ability to determine what is taught in their schools,” the brief reads.

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At the heart of the attorneys general disagreement with the previous ruling is the court’s interpretation of Pratt v. Independent School District where a student successfully challenged a school board banning a film that it religiously and ideologically opposed.

Bird and others argue the First Amendment is designed to prevent the government from censoring others and not itself, but that rulings like the one in the Pratt case force the government to self-censor.

“If the government is speaking, the public does not have a First Amendment right to control the message. If a private citizen is speaking, the First Amendment prevents the government from controlling the message,” the brief reads.

The Pratt decision was also the justification used by a Des Moines judge to block an Iowa book ban as being “staggeringly broad.”

Bird said the Arkansas law prevents schools from indoctrinating students.

“As a mom, I know how important it is that we create a healthy culture for our kids to learn and grow,” Bird said in a press release. “And most schools and teachers do an amazing job at that. But when education turns into indoctrination, parents have a right to push back.”

The entire brief can be read here .

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The post Bird files court brief defending Arkansas ban on school indoctrination appeared first on Iowa Capital Dispatch .