Yesterday, Lambda Legal and the Legal Defense Fund (LDF) filed an amicus brief on behalf of Secure Families Initiative and PFLAG National in support of student plaintiffs in E.K. v. Department of Defense Education Activity (DoDEA), a lawsuit challenging the removal of books, curricular materials, and educational programming from schools operated by the Department of Defense. The brief urges the court to protect students’ First Amendment rights and ensure they can receive a complete, accurate, and inclusive education.
The lawsuit was brought last year on behalf of 12 students enrolled in DoDEA schools following the issuance of several Executive Orders by President Trump. Pursuant to the issuance of the Executive Orders, the Department of Defense Education Activity removed hundreds of library books, altered curriculum materials, and canceled cultural observances and educational activities addressing race, gender, LGBTQ people, and other aspects of American history and society. Cultural awareness months, including Black History Month, were cancelled and information removed from school hallways and classrooms; discussions on immigration and its impact on the nation were excised from the curriculum; and information on gender and sexuality was removed from course materials for an AP course. DoDEA operates 161 schools serving more than 60,000 children of military personnel and Department of Defense employees worldwide.
“The removal of books, cultural programming, and inclusive curriculum from Department of Defense schools is unconstitutional censorship driven by animus toward LGBTQ+ students and students of color,” said Nephetari Smith (she/her), Tyron Garner Legal Fellow at Lambda Legal. “Every student, including the children of those who serve this country, deserves an education that reflects the full truth of our history and the full dignity of who they are. Lambda Legal is proud to stand alongside our partners in urging the Fourth Circuit to protect students’ First Amendment right to receive information and ideas free from partisan political interference.”
“The Department of Defense’s decision to remove books and restrict classroom instruction based on disfavored viewpoints undermines students’ constitutional rights and deprives them of the knowledge necessary to understand themselves, their communities, and our nation’s history,” said Avatara Smith-Carrington (they/them), Assistant Counsel at LDF. “Our multiracial democracy depends on young people having the freedom to explore ideas, ask questions, and meaningfully engage with the beautifully complex fabric of our society. Military families should not be denied those opportunities.”
“Defense Department schools were some of the first American public schools to racially integrate in the twentieth century, even before Brown v. Board of Education required it. Yet today, discriminatory policies have imposed an environment of hostility and erasure for all students in DoDEA schools, especially Black students, students of color, and LGBTQ+ students,” said Brandi Jones, M.Ed (she/her), Organizing Director at Secure Families Initiative. “SFI is proud to support the student plaintiffs in this lawsuit. Military children serve alongside their service member parents, and they deserve to have their First Amendment rights protected no matter where that service takes them.”
“PFLAG National has spent years publishing resources to help military families support their LGBTQ+ children and creating virtual online meeting spaces for these families through our PFLAG Connects: Communities program,” said Brian K. Bond (he/him), CEO, PFLAG National. “Recently, our staff trained thousands of liaisons within the DoDEA system on issues relating to LGBTQ+ youth. Now, these same children are watching the erasing of their histories and being told—through words and actions—that their identities are something to be hidden. This abrupt reversal is not only harmful, but also unconstitutional. Every child of every family who serves this country deserves to be safe, seen, and celebrated in their school, and PFLAG National will continue working to ensure this promise for all youth.”
In this amicus brief, SFI and PFLAG National argue that viewpoint-based censorship in schools threatens longstanding First Amendment constitutional principles protecting students’ right to receive information and ideas, free from political and other improper influences, in their public education. SFI and PFLAG National further urge the court to reject efforts to censor educational materials while safeguarding the constitutional rights of all students attending DoDEA schools.
Access the amicus brief here: https://lambdalegal.org/legal_document/us_20260603_brief-of-secure-families-initiative-pflag-amici-curiae/