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Some states have passed laws restricting educators from teaching particular DEI-related topics.

A recent court decision suggests prohibiting certain topics from being taught violates freedom speech.

Protecting free speech in professional education is vital to ensuring MHPs are properly prepared for practice.

Since 2023, approximately 18 states have passed laws restricting diversity, equity, and inclusion (DEI) initiatives in higher education (Hoyos Ensuncho, 2025). These measures vary considerably. Some prohibit public universities from having DEI offices, mandatory training, or diversity statements; others regulate curricula or restrict how professors may address concepts involving race, sex, privilege, discrimination, and oppression. The effects of these extend beyond removing certain topics from university curricula. Faculty members have reported changing how they teach, limiting their research, and leaving institutions due to anti-DEI laws (Hoyos Ensuncho, 2025).

For psychology, social work, counseling, and other mental health-related programs, anti-DEI laws raise particular concerns. Professional ethical standards require students to develop the knowledge, skills, values, and attitudes needed to work with clients and communities from diverse backgrounds (ACA, 2014; APA, 2017; Barsky, 2023; NASW, 2021). This includes learning about how to practice effectively with people from different cultures, genders, sexualities, socioeconomic statuses, abilities and disabilities, religions, immigration statuses, and other aspects of human diversity. How can future MHPs develop cultural competence and cultural humility if educators are discouraged or prohibited from examining these subjects with students.

On July 7, 2026, the U.S. Court of Appeals for the 11th Circuit addressed that question in Pernell v. Lamb. The court found that certain sections of Florida’s “Stop WOKE Act” were unconstitutional, particularly as they applied to higher education. The court suggested that the state could not selectively prohibit public-university professors from expressing particular viewpoints about race, sex, privilege, and oppression merely because government officials disapprove of them. As the majority noted, “the government cannot forbid what it perceives as heresy” (Pernell, p. 50). Accordingly, the court held that these provisions of the “Stop WOKE Act” violated the free speech........

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