“Positively Dystopian”: Pernell v. Florida Board of Governors and its Implications for Curricular Backlash Bills
January 19, 2023
In light of this proliferation of Backlash Bills, Judge Walker’s opinion in Pernell takes on additional significance. Not only does Judge Walker’s opinion enjoin the IFA’s enforcement against Florida’s public universities, a significant victory for professor and student academic freedom, but it does so in a way that joins a larger political dialogue and offers insights on the viability of these laws in other states and in the K-12 context. In the next section, I explore the Pernell decision with an eye towards its legal analysis on Plaintiffs’ First and Fourteenth Amendment claims. I then conclude with a discussion of the ways in which the decision speaks back to a larger political discourse that, for the court at least, threatens our constitutional order and implications that the decision holds as other courts and, most importantly, educators across the country are confronted with similar Backlash Bills. The Pernell decision and the legal framework it outlines should provide educators with hope that these Backlash Bills, at least in their enforceability, will ultimately be more bark than bite.