Henderson v. Springfield Public Schools

Educators Push Back Against Unconstitutional "Anti-Racism" Training

About the Case

In the fall of 2020, Springfield Public Schools (SPS) held a mandatory “equity” training for all of its employees. The training was textbook “anti-racism,” which the district defines as having a proactive element to advocate for social, political, and economic change. In August 2021, Brooke Henderson and Jennifer Lumley, two educators in SPS, bravely stepped forward and with the help of Southeastern Legal Foundation (SLF) filed the first-in-the-nation lawsuit against the mandatory district-wide training.

In the lawsuit, Ms. Henderson and Ms. Lumley alleged that the training violated the First Amendment because it compelled their speech and discriminated against their views that America should be colorblind. They also alleged that the district conditioned their employment on their commitment to equity, becoming anti-racist educators, and affirming divisive and discriminatory programming that promotes treating individuals differently based on skin color. Ms. Henderson and Ms. Lumley sought only a court order stopping SPS from violating the Constitution and a mere $1 in damages.

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SPS Mandatory Equity Training Slides 1 & 13

The challenged training was textbook anti-racism. In fact, Ms. Henderson and Ms. Lumley were told they needed to commit to anti-racism, which had a “proactive” element to advocate for political and social change. The training further taught that colorblindness and “white silence” were tools of white supremacy, “white people” were privileged, and that equality was harmful.

What seems like a relatively benign cause – also called “critical race theory” and “culturally responsive teaching” – is actually code-speak for a much bigger and more dangerous picture: the practice of conditioning individuals to see each other’s skin color first and foremost, then pitting different racial groups against each other.

The district’s promotion and reinforcement of race essentialism is not only dangerous, but also unconstitutional. The First Amendment makes clear that the government cannot discriminate based on viewpoint, cause individual to self-censor, or force individuals to accept beliefs with which they do not agree. Unfortunately, that is exactly what SPS did.

The training session began with instructions to “stay engaged,” “speak your truth,” and “acknowledge YOUR privileges.” It featured a slideshow and a series of videos, including the death of George Floyd and cartoons about “systemic racism”  and “understanding white supremacy” that asserted our nation was founded on white supremacy. They were told “systems of oppression were “woven” into the “very foundation of America,” and that white supremacy is a “highly descriptive term for the culture we live in.”

In its training, SPS utilized an “Oppression Matrix,” which taught that the following groups are oppressed: “Asian, Black, Latina/o, Native People,” and “Female[s] assigned at birth.” It categorized white people and males assigned at birth as the privileged social group under the categories of racism and sexism.

SPS Mandatory Training Slide 17

The District also taught about what it called “Covert/Overt White Supremacy,” and explained that “white silence,” “colorblindness,” “BIPOC [Black, Indigenous, People of Color] as Halloween Costumes,” and “all lives matter” constitute white supremacy.

Slide after slide, image after image, SPS promoted a view of race essentialism that divides Americans into oppressor and oppressed based solely on their skin color. SPS set up a dichotomy between white and non-white races that depicts whiteness as inherently racist and a tool of oppression.

At various points, trainees were directed to break into small groups to discuss before being asked return to a larger group discussion. Ms. Henderson and Ms. Lumley were reminded that if they did not speak, they would be called upon, so they both spoke out in small and large group sessions. When they expressed their disagreements, the District told them their views were wrong.

SPS Mandatory Training Slide 38

As a result of the District shaming and rejecting their views, they both self-censored.  The training closed with an “anti-racist solo write” where trainees were read anti-racist statements and instructed to write out what steps they would take to become an anti-racist.

 

Case Status

Appeals

Court

U.S. Court of Appeals for the Eighth Circuit

Why This Matters

Public schools are an arm of the government. The check on that power is in the courtroom. It is well-settled law that in America, the government cannot discriminate because of viewpoint, cannot cause individuals to self-censor, cannot force individuals to accept beliefs with which they do not agree, and cannot treat people differently because of the color of their skin. Unfortunately, K-12 schools across our country are doing just that.

The battleground for the future of the American Republic is in our schools. K-12 schools across our nation are replacing traditional education with race-based programming in the name of “equity.” What seems like a relatively benign cause – also euphemistically called “social justice,” “diversity and inclusion,” “critical race theory,” and “culturally responsive teaching” – is actually code-speak for a much bigger and more dangerous picture: the practice of conditioning individuals to see each other’s skin color first and foremost, then pitting different racial groups against each other.

Springfield Public Schools mandates district-wide training that implements this unconstitutional race-based programming.

SLF Executive Director Kimberly Hermann warns:

“Through its mandatory training, Springfield Public Schools requires its teachers and staff to pledge allegiance to becoming a so-called ‘anti-racist educator.’ But make no mistake about it, the district’s training takes its educators and ultimately its students further from the truth and reconciliation. Instead, it divides individuals into two worlds: the oppressors and the oppressed. It teaches that a person’s whole identity comes from the color of their skin. And it teaches not only how to be racist, but that they should be racist. This is illegal, wrong, and must be stopped.”

In its lawsuit, SLF asks the court to halt Springfield Public Schools from violating the First Amendment rights of its employees.

SLF Vice President of Litigation Braden Boucek explains:

“Springfield Public Schools violates the First Amendment when it singles out equity as a priority, silences opposing views about the dangers of equity, and forces staff to affirm beliefs which they do not support. Even worse, SPS expects its staff to disclose the steps they plan to take ‘to become anti-racist’ in conformance with the training’s lessons, implement those steps, and pass what they learn on to their students. As an arm of the government, SPS must be held accountable.”

For decades, colorblindness was the rallying cry for the civil rights movement. Now, we have districts like Springfield openly proclaiming that colorblindness is actually a form of white supremacy. The district is simultaneously telling educators what to believe while also scaring them into silence. This cannot and will not stand under the First Amendment.

Director of SLF’s 1A Project Cece O’Leary reminds us:

“Equality does not equal equity. SPS is using its equity training to teach its staff that ‘equity’ should be used as a license to punish Americans because of their skin color. This is precisely why we had the civil rights movement in the first place. Equality in our K-12 schools is so important that we had National Guard troops go into several states to enforce the Constitution.”

Why This Matters

Public schools are an arm of the government. The check on that power is in the courtroom. It is well-settled law that in America, the government cannot discriminate because of viewpoint, cannot cause individuals to self-censor, cannot force individuals to accept beliefs with which they do not agree, and cannot treat people differently because of the color of their skin. Unfortunately, K-12 schools across our country are doing just that.

The battleground for the future of the American Republic is in our schools. K-12 schools across our nation are replacing traditional education with race-based programming in the name of “equity.” What seems like a relatively benign cause – also euphemistically called “social justice,” “diversity and inclusion,” “critical race theory,” and “culturally responsive teaching” – is actually code-speak for a much bigger and more dangerous picture: the practice of conditioning individuals to see each other’s skin color first and foremost, then pitting different racial groups against each other.

Springfield Public Schools mandates district-wide training that implements this unconstitutional race-based programming.

SLF Executive Director Kimberly Hermann warns:

“Through its mandatory training, Springfield Public Schools requires its teachers and staff to pledge allegiance to becoming a so-called ‘anti-racist educator.’ But make no mistake about it, the district’s training takes its educators and ultimately its students further from the truth and reconciliation. Instead, it divides individuals into two worlds: the oppressors and the oppressed. It teaches that a person’s whole identity comes from the color of their skin. And it teaches not only how to be racist, but that they should be racist. This is illegal, wrong, and must be stopped.”

In its lawsuit, SLF asks the court to halt Springfield Public Schools from violating the First Amendment rights of its employees.

SLF Vice President of Litigation Braden Boucek explains:

“Springfield Public Schools violates the First Amendment when it singles out equity as a priority, silences opposing views about the dangers of equity, and forces staff to affirm beliefs which they do not support. Even worse, SPS expects its staff to disclose the steps they plan to take ‘to become anti-racist’ in conformance with the training’s lessons, implement those steps, and pass what they learn on to their students. As an arm of the government, SPS must be held accountable.”

For decades, colorblindness was the rallying cry for the civil rights movement. Now, we have districts like Springfield openly proclaiming that colorblindness is actually a form of white supremacy. The district is simultaneously telling educators what to believe while also scaring them into silence. This cannot and will not stand under the First Amendment.

Director of SLF’s 1A Project Cece O’Leary reminds us:

“Equality does not equal equity. SPS is using its equity training to teach its staff that ‘equity’ should be used as a license to punish Americans because of their skin color. This is precisely why we had the civil rights movement in the first place. Equality in our K-12 schools is so important that we had National Guard troops go into several states to enforce the Constitution.”

Case Documents

Complaint (Aug. 18, 2021)

Plaintiff Educators’ Summary Judgment Brief (July 22, 2022)

Defendant School District’s Summary Judgment Brief (July 22, 2022)

Plaintiff Educators’ Summary Judgment Response in Opposition to Defendant School District’s Motion for Summary Judgment (Aug. 12, 2022)

Defendant School District’s Summary Judgment Response in Opposition to Plaintiff Educators’ Motion for Summary Judgment (Aug. 12, 2022)

Plaintiffs Educators’ Reply in Support of Motion for Summary Judgment (Aug. 26, 2022)

Defendant School District’s Reply in Support of Motion for Summary Judgment (Aug. 26, 2022)

District Court Summary Judgment Order (Jan. 12, 2023)

Defendant School District’s Motion for Attorney Fees from Plaintiff Educators (Feb. 17, 2023)

Plaintiff Educators’ Response to School District’s Motion for Attorney Fees (Mar. 3, 2023)

Defendant School District’s Reply in Support of Motion for Attorney Fees from Plaintiff Educators (Mar. 17, 2023)

District Court Order Granting School District Attorney Fees from Plaintiff Educators (Mar. 31, 2023)

Plaintiff Educators’ Notice of Appeal (Apr. 7, 2023)

Plaintiff Educators’ Opening Appellate Brief (May 12, 2023)

Amicus Brief of Americans for Prosperity Foundation, Alliance Defending Freedom, Foundation for Individual Rights and Expression, Defense of Freedom Institute for Policy Studies, Reason Foundation, and the American Civil Liberties Union of Missouri in Support of Plaintiff Educators (May 19, 2023)

Amicus Brief of Institute for Free Speech and Manhattan Institute in Support of Plaintiff Educators (May 17, 2023)

Amicus Brief of Goldwater Institute, Kansas Justice Institute, Mississippi Justice Institute, and Show Me Institute in Support of Plaintiff Educators (May 19, 2023)

Amicus Brief of Parents Defending Education in Support of Plaintiff Educators (May 18, 2023)

Amicus Brief of Pacific Legal Foundation in Support of Plaintiff Educators (May 19, 2023)

Amicus Brief of Center of the American Experiment in Support of Plaintiff Educators (May 19, 2023)

Amicus Brief of Hamilton Lincoln Law Center in Support of Plaintiff Educators (May 17, 2023)

Amicus Brief of 16 States – Missouri, Arkansas, Georgia, Idaho, Iowa, Kansas, Kentucky, Montana, Nebraska, North Dakota, South Carolina, Tennessee, Texas, Utah, Virginia, and West Virginia in Support of Plaintiff Educators (May 22, 2023)

Plaintiff Educators’ Appellate Reply Brief (Aug. 23, 2023)

 

News Releases

Federal lawsuit filed against school district for unconstitutional equity training

Southeastern Legal Foundation (SLF) filed a federal lawsuit in the Western District of Missouri to stop Springfield Public Schools from violating the First Amendment and requiring as a condition of employment that its educators commit to equity, become anti-racist educators, and affirm divisive and discriminatory programming that promotes treating individuals differently because of their skin color.

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