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First Amendment › Department of Education

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Venable LLP

Legal Showdown: Harvard and Trump Administration Spar Over Alleged Federal Civil Rights Violations, Federal Funding Freeze

Venable LLP on

Since President Trump's return to office in January, his administration has intensified efforts to combat antisemitism on college campuses, positioning the issue as a central pillar of its civil rights agenda....more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, May 2025

Spilman Thomas & Battle, PLLC on

Welcome to our fourth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How a...more

Pillsbury Winthrop Shaw Pittman LLP

Executive Order on Accreditation and Injunctions of Dear Colleague Letter Impact DEI in Higher Education

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A recent executive order attacks DEI accreditation standards as courts block enforcement of the Department of Education’s Dear Colleague Letter on race. On April 23, 2025, President Trump issued Executive Order 14279 (EO)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge in New Hampshire Grants Preliminary Injunction Blocking Education Department’s DEI Letter

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On April 24, 2025, a federal judge of the U.S. District Court for the District of New Hampshire largely blocked the U.S. Department of Education from cutting funding for schools that refuse to drop diversity, equity, and...more

Franczek P.C.

Title IX and Title VI Enforcement Continues, “Dear Colleague” Pause for Some, and SCOTUS Hears LGBTQ Curriculum Challenge

Franczek P.C. on

We took the week off from our Week in Review alert last week as it was a (relatively) slow week. However, as it tends to happen after a slow week, developments picked back up this week....more

Polsinelli

DEI-Related Executive Orders Move Forward After Fourth Circuit Grants Stay of Preliminary Injunction; Federal Agency Actions

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On March 14, 2025, the Fourth Circuit Court of Appeals issued a stay of the U.S. District Court’s preliminary injunction, which will allow the Trump administration to continue enforcing the Executive Orders (EOs) related to...more

Davis Wright Tremaine LLP

New Administration Outlook: Trump's DOE Letters and Colleges' First Amendment Defenses Against Pretextual Title VI Threats

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Anti-discrimination statutes protect against "deliberate indifference" to conditions establishing a hostile environment of antisemitic violence and harassment. But those statutes cannot be used to censor legitimate speech...more

Pillsbury Winthrop Shaw Pittman LLP

Anti-DEI Executive Orders Are Enforceable, for Now, After Fourth Circuit Lifts Preliminary Injunction

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The U.S. Court of Appeals will expedite its review of appeal of preliminary injunction. On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the Government’s motion for a temporary stay of a district...more

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

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Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the U.S. Department of Education

Marshall Dennehey on

In Tennessee v. Cardona, 2025 WL 63795, a Kentucky federal judge issued an opinion vacating the new Title IX regulations.  In April of 2024, new Title IX regulations expanded the concept of discrimination “on the basis of...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Issues Preliminary Injunction against Anti-DEI Executive Orders

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Despite court ruling, educational institutions face continuing enforcement uncertainty pursuant to the February 14 “Dear Colleague Letter” issued by the Department of Education - On February 21, 2025, a federal court in...more

Troutman Pepper Locke

OCR’s Directive on Race-Conscious Policies in Higher Education

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On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Jenner & Block

Client Alert: US Department of Education Issues Dear Colleague Letter Interpreting Students for Fair Admissions: What Colleges and...

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On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and the...more

Quarles & Brady LLP

Back to the Future: What a Recent Vacatur, Executive Order, and Dear Colleague Letter Mean for Title IX Compliance

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Within the last month, three developments have rocked the Title IX world: the Eastern District of Kentucky’s decision in State of Tennessee v. Cardona, President Trump’s Executive Order restricting the federal definition of...more

Venable LLP

Title IX’s Final Rule Is Struck Down: Time to Return to the 2020 Regulations

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In a recent and far-reaching decision, a federal court struck down the Biden administration’s 2024 final rule, which sought to implement significant changes to Title IX’s regulations (the 2024 Final Rule). ...more

Littler

What Should Educational Institutions Do Next for Title IX Now That Biden’s Final Rule Was Blocked by a Federal Judge?

Littler on

On January 9, 2025, the Biden administration’s Title IX Final Rule was struck down by the U.S. District Court for the Eastern District of Kentucky, which declared the regulations unconstitutional for all schools nationwide....more

Troutman Pepper Locke

What Do We Do Now? District Court Invalidates 2024 Title IX Regulations

Troutman Pepper Locke on

On January 9, a federal judge in the Eastern District of Kentucky entered an order vacating the 2024 Title IX regulations (the Final Rule). The case is Tennessee, et al. v. Cardona (Civil Action No. 2: 24-072)....more

Lowndes

Title IX Ruling Limits Definition of “Sex” in Education Parity, May Impact Employers

Lowndes on

A recent federal court ruling that struck down expanded Title IX protections has implications that could extend well beyond educational institutions. By rejecting the Biden administration’s Title IX rules that expanded sex...more

Bond Schoeneck & King PLLC

2024 Title IX Regulations Deemed “Unlawful”

Bond Schoeneck & King PLLC on

On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule implementing Title IX is “unlawful.” This court decision...more

Williams Mullen

Title IX Risk and Legal

Williams Mullen on

Title IX, enacted as part of the Education Amendments of 1972, is a federal civil rights law that prohibits sex-based discrimination in any education program or activity receiving federal financial assistance. Its primary...more

Franczek P.C.

2024 Title IX Final Rule and Regulations Vacated by Federal Judge

Franczek P.C. on

On Thursday, January 9, 2025, Judge John C. Reeves of the Eastern District of Kentucky issued an opinion and order vacating the Final Rule that implemented the 2024 Title IX Regulations. The decision by Judge Reeves has the...more

Spilman Thomas & Battle, PLLC

Court Vacates 2024 Title IX Regulations Nationwide: What This Means for Covered Institutions

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On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky (“Court”) vacated the 2024 Title IX Final Rule (“Final Rule”) nationwide in State of Tennessee v. Cardona. The U.S. Department of Education...more

Benesch

Biden’s 2024 Title IX Regulations Take a Blow - Federal District Court Rejects Re-Definition of “Sex” Under Title IX

Benesch on

On January 9, 2025, a federal district court in Kentucky issued a decision that blocks the Biden administration’s attempt to change the definition of “sex” in Title IX regulations and enforcement....more

Poyner Spruill LLP

Federal Court Rules 2024 Title IX Regulations Unconstitutional

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In its decision vacating the United States Department of Education’s 2024 Title IX Regulations on January 9, 2025, the U.S. District Court for the Eastern District of Kentucky found that the Department of Education exceeded...more

Bricker Graydon LLP

2024 Title IX Regulations Vacated by Federal Court

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On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky issued a ruling in which it vacated the 2024 Title IX regulations that went into effect in many states on August 1, 2024....more

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