Robert Steinbuch, a law professor at the University of Arkansas at Little Rock, explained the background of the case. (Photo: File)
LITTLE ROCK, (KATV) — Earlier this month, a three-judge panel of the Eighth Circuit Court of Appeals sided with Governor Sarah Huckabee Sanders and other state officials in a case concerning the ban on certain educational content in schools.
The case revolved around the controversial Learns Act, which prohibits the teaching of topics like critical race studies, deemed by the administration as inappropriate for school curriculums.
Robert Steinbuch, a law professor at the University of Arkansas at Little Rock, explained the background of the case.
"A group of people said objected. They sued. That's what one does. They sued in federal court, and they said we have a First Amendment right to hear this material," he said.
The plaintiffs argued that the First Amendment, which has been interpreted to include the right to receive information, was being violated.
However, the court ruled in favor of the state, citing the doctrine of government speech.
"The court said the government's like anybody else, like you, like me. We get to say what we want and not say what we don't want to say," Steinbuch said.
This decision was seen as a significant victory for the governor, particularly concerning the exclusion of critical race theory from classrooms.
Steinbuch noted the divisive nature of critical race theory, stating, "It's a topic that talks about race as sort of a high echelon, a high factor in the operation of government, the intersection of all sorts of rights."
The decision ultimately rests with the administration, reflecting the will of the people.
Looking ahead, Steinbuch mentioned a related case involving library content that could also reach the courts.
"It's almost inevitable that Judge Brooks will be reversed and the law that allows local government to decide what's in and, critically, what's not in libraries will be upheld," he said.
In a separate matter, Steinbuch touched on the issue of birthright citizenship, which is expected to be addressed by the Supreme Court following a decision by the Ninth Circuit Court of Appeals.