58 | Anti-CRT Laws and Government Speech: Applying the First Amendment to Curricular Gag Orders episode artwork

EPISODE · Dec 2, 2025 · 53 MIN

58 | Anti-CRT Laws and Government Speech: Applying the First Amendment to Curricular Gag Orders

from Chalk and Gavel: An Education Law Podcast · host Chalk and Gavel LLC

Can a state forbid the teaching of Critical Race Theory? Do students’ First Amendment rights to receive information place limits on state curricular decisions? Are you ready for some “1984” George Orwell references, because Chris calls today's decision "double-plus ungood." That's right, it’s a bright cold day in November, and the clocks are striking 13. Again. This is another timely and relevant case! We’re talking about the constitutionality of an Arkansas law designed to regulate how educators in the state teach and discuss sensitive subjects like race and gender. As we all know, these kinds of laws have popped up all over the place over the last few years, and in many cases, they’ve had some pretty chilling effects on what happens in classrooms. Whether these laws allow you to engage specific topics or ideas, the dialogue around all of this stuff is loud, often confusing, and pretty emotionally charged… leading lots of folks to self-censor, even when they may not have to. So, we’re going to unpack Walls v Sanders on today’s episode. We also discuss recent efforts to reduce staff at the Department of Education's Office of Special Education Programs and the implications for federal special education law, like the Individuals with Disabilities Education Act (IDEA). --- Please check out our updated website (⁠www.chalkandgavel.com⁠) to sign up for our newsletter, find our teaching guide, check out OUR NEW MERCH, and for ways to support the show!Lastly, some exciting news! ⁠Chalk and Gavel was selected to record a live episode at SXSW-EDU in March.⁠ We're pumped about this one. Check us out and spread the word! --- Keywords: Curriculum, First Amendment, Anti-CRT Laws, Government Speech, U.S. Department of Education#educationlaw #k12 #podcast #ChalkandGavel #CurricularGagOrders

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58 | Anti-CRT Laws and Government Speech: Applying the First Amendment to Curricular Gag Orders

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