Mississippi Dei temporarily blocked by the federal judge on freedom of expression

A federal judge rendered a temporary prohibition order on Sunday against a Mississippi law prohibiting diversity, equity and inclusion (DEI) of public schools and universities.

US District Judge Henry Wingate, a candidate of former president Ronald Reagan, approved the request made by the complainants, including the Mississippi Association of Educators, who are represented by the American Civil Liberties Union and the Mississippi Center for Justice. The order makes an implementation for at least 14 days of a state law known as bill 1193 of the Chamber, which was approved in April and entered into force on July 1.

In his decision, Wingate cited cases where the law already has an impact in the context of its reason to join the complainants.

The members of the faculty of the Jackson State University were invited not to discuss sex theory or systemic racism, he wrote as an example.

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An American flag flies to half of the staff outside the Thad Cochran courthouse in the United States in downtown Jackson, Miss., May 30, 2019. (AP photo / Rogelio V. solis, file)

“The abolition of constitutional discourse by vague prohibitions and the spectrum of financial remuneration does not serve the public good – it compromises it,” wrote Wingate. “A law on the bottom and without constitutionally border had to be the target of a well -animated injunction to promote, rather than altering, the interests of the citizens of Mississippi, the integrity of its institutions and the constitutional principles on which this Republic is located.”

The legislation prohibits offices, programs, training and declarations of DEI and prohibits institutions from considering Dei in contracts and their hiring processes. It also prohibits academic programs or courses promoting “division concepts”, including this breed, a sex, a color or a national origin is greater than another or that someone is intrinsically racist or oppressive, consciously or unconsciously, on the basis of these characteristics. Schools or universities cannot promote the concept that the moral character of an individual is determined by his race, his sex, his color or his national origin or that “meritocracy or features such as the ethics of hard work are racist or sexist, or have been created by a particular class to oppress another class”.

The law also prohibits “concepts promoting transgender ideology, neutral pronouns, deconstruction of heteronormativity, gender theory, sexual privilege or any related formulation”.

The institutions deemed to be violating the law could lose funding by the state.

ESTEAM bootcamp participants combine together to develop simulated conceptions for applications and various programs in a classroom in the College of Science, Engineering and Technology of the Jackson State University on Saturday June 1, 2024. (Aron Smith / Jackson State University via Getty Images)

The judge notes that the complainants support “the mechanism of application of the law – the withdrawal of funds, the dissolution of student organizations and the consequences on employment – exacerbates its frightening effect”.

“The frightening effect is aggravated in the academic context, where the fear of losing state funding obliges institutions to correct the way that removes the censorship of the word protected by the Constitution,” wrote Wingate.

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The order cites the affidavits of school officials complaining that the “waves” under the law led to partnerships and programs supporting LGBTQ + suddenly broken students. A librarian from the Hinds Community College has attested that it “does not know if the promotion of materials for events such as the month of black history or the recommendation of titles related to race, gender or identity violates the law”.

“In the eye of this court, these accounts seem to reflect a broad and scary effect between public institutions and community organizations,” wrote Wingate. “Affidavits detail not only imminent damage, but a possible general elimination of speech, programming and institutional function. The evidence, at this stage, demonstrate a clear and continuous deprivation of constitutional rights in a non -compensable manner by damages – thus justifying an injunction.”

The Jackson State University celebrated the achievements of more than 500 graduates at the beginning of spring 2025, honoring their academic achievements and the lasting heritage of the institution. (Aron Smith / Jackson State University via Getty Images)

The judge asked both parties to appear on Wednesday for a hearing. Wingate may decide to extend the opportunity to extend the temporary prohibition order of more than 14 days.

Applicants are looking for a preliminary injunction, which would further block the dei ban. An audience on this subject is scheduled for August 3.

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It was not immediately known if the Mississippi would call on the 5th Circuit Court of Appeals American. The Mississippi Attorney General Office told Fox News Digital that he does not comment on active disputes.

The Associated Press contributed to this report.