Black Emergency Response Team v. O'Connor
What's at Stake
This lawsuit challenges an Oklahoma classroom censorship law, HB 1775, that severely restricts public school teachers and students from teaching and learning about race and gender.
Summary
On October 19, 2021, the American Civil Liberties Union, the ACLU of Oklahoma, the Lawyers Committee for Civil Rights Under Law, and pro bono counsel Schulte Roth & Zabel LLP filed a this lawsuit on behalf of plaintiffs the Black Emergency Response Team (BERT); the University of Oklahoma Chapter of the American Association of University Professors (OU-AAUP); the Oklahoma State Conference of the National Association for the Advancement of Colored People (NAACP-OK); the American Indian Movement (AIM) Indian Territory on behalf of itself and its members who are public school students and teachers; a high school student; and Oklahoma public high school teachers Anthony Crawford and Regan Killackey. The lawsuit was filed in the United States District Court for the Western District of Oklahoma.
HB 1775’s lead authors in the state legislature declared that the act’s intent was to prohibit conversations related to “implicit bias,” “systemic racism,” and “intersectionality,” among other concepts. Our lawsuit argues that HB 1775 unlawfully restrains freedom of expression by silencing educators’ speech through its viewpoint-discriminatory, vague, and overbroad terms and that it abridges students’ right to receive information about the banned concepts for no legitimate pedagogical purpose, in violation of the First Amendment. The act also intentionally targets and denies access to equitable, culturally relevant teaching and ideas that reflect the history and lived experiences of Black, Indigenous, and other people of color; women and girls; and 2sLGBTQ+ students.
On June 14, 2024, the district court blocked some of HB 1775’s provisions while the lawsuit remains pending. The decision halts enforcement of the law’s prohibition on university orientations that address racism or sexism, as well as two provisions limiting K-12 instruction. The court affirmed that these provisions are so vague educators could not know with any reasonable certainty what material they cover. The court also provided much-needed clarity on some provisions it did not enjoin, clearing the way for teachers in K-12 to discuss issues related to sexism and racism without endorsing concepts that HB 1775 purports to ban. This decision provides relief by blunting the law’s on-the-ground impact while our plaintiffs continue to fight for it to be struck down in full.
Legal Documents
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11/09/2021
Amended Complaint -
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Exhibit 1 - Edmond Public Schools Written Guidance -
Exhibit 2 - Edmond Public Schools ELA Guidance
Black Emergency Response Team v. O'ConnorLegal DocumentsExhibit 1 - Edmond Public Schools Written GuidanceCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 2 - Edmond Public Schools ELA GuidanceCourt: District Court (W.D. Okla.)
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10/29/2021
Motion & Memorandum Supporting Preliminary Injunction -
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Exhibit 1 - HB 1775 -
Exhibit 2 - HB 1775 Emergency Rules -
Exhibit 3 - BERT Declaration -
Exhibit 4 - AAUP Declaration -
Exhibit 5 - NAACP-Oklahoma Declaration -
Exhibit 6 - American Indian Movement Declaration -
Exhibit 7 - S.L. Declaration -
Exhibit 8 - Anthony Crawford Declaration -
Exhibit 9 - Regan Killackey Declaration -
Exhibit 10 - Marvin Lynn Declaration
Black Emergency Response Team v. O'ConnorLegal DocumentsExhibit 1 - HB 1775Court: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 2 - HB 1775 Emergency RulesCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 3 - BERT DeclarationCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 4 - AAUP DeclarationCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 5 - NAACP-Oklahoma DeclarationCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 6 - American Indian Movement DeclarationCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 7 - S.L. DeclarationCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 8 - Anthony Crawford DeclarationCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 9 - Regan Killackey DeclarationCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 10 - Marvin Lynn DeclarationCourt: District Court (W.D. Okla.)
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11/23/2021
OU Regents' Brief in Support of its Motion to Dismiss -
11/23/2021
Edmond Defendants' Brief in Support of its Motion to Dismiss -
11/23/2021
Defendants' (1–18) Answer to Amended Complaint -
12/16/2021
OU Regents' Response & Objection to Plaintiffs’ Motion for Preliminary Injunction -
12/16/2021
OU Regents' Motion & Brief to Strike Plaintiffs' Affidavits -
12/16/2021
Edmond Defendants’ Objection to Plaintiffs’ Motion for Preliminary Injunction -
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Exhibit 1 - Affidavit of Emily Steele -
Exhibit 2 - Affidavit of Jacqueline Rasnic
Black Emergency Response Team v. O'ConnorLegal DocumentsExhibit 1 - Affidavit of Emily SteeleCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 2 - Affidavit of Jacqueline RasnicCourt: District Court (W.D. Okla.)
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12/16/2021
OU Regents' Response in Opposition to Motion for Preliminary Injunction -
12/16/2021
Defendants' (1–18) Response in Opposition to Motion for Preliminary Injunction -
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Exhibit 1 - Arkansas Attorney General Opinion -
Exhibit 2 - Montana Attorney General Opinion -
Exhibit 3 - Affidavit of James Taylor -
Exhibit 4 - Affidavit of Janet Barresi -
Exhibit 5 - HB 1775 Vote Record -
Exhibit 6 - Affidavit of Calvin Jones -
Exhibit 7 - NEA Guide
Black Emergency Response Team v. O'ConnorLegal DocumentsExhibit 1 - Arkansas Attorney General OpinionCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 2 - Montana Attorney General OpinionCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 3 - Affidavit of James TaylorCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 4 - Affidavit of Janet BarresiCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 5 - HB 1775 Vote RecordCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 6 - Affidavit of Calvin JonesCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 7 - NEA GuideCourt: District Court (W.D. Okla.)
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01/13/2022
Plaintiffs' Reply in Support of Motion for Preliminary Injunction -
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Exhibit 1 - Second BERT Declaration -
Exhibit 2 - John Doe Declaration -
Exhibit 3 - EPS 2019 English Curriculum
Black Emergency Response Team v. O'ConnorLegal DocumentsExhibit 1 - Second BERT DeclarationCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 2 - John Doe DeclarationCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 3 - EPS 2019 English CurriculumCourt: District Court (W.D. Okla.)
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01/13/2022
Plaintiffs' Response in Opposition to OU Regents' Motion to Dismiss -
01/13/2022
Plaintiffs' Response in Opposition to EPS Defendants' Motion to Dismiss -
01/13/2022
Plaintiffs' Response in Opposition to OU Regents' Motion to Strike Plaintiffs' Affidavits -
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Exhibit 1 - Second BERT Declaration -
Exhibit 2 - John Doe Declaration -
Exhibit 3 - EPS 2019 English Curriculum
Black Emergency Response Team v. O'ConnorLegal DocumentsExhibit 1 - Second BERT DeclarationCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 2 - John Doe DeclarationCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 3 - EPS 2019 English CurriculumCourt: District Court (W.D. Okla.)
Download Document -
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01/20/2022
OU Regents Defendants' Reply in Support of Motion to Dismiss -
01/20/2022
Edmond Defendants' Reply to in Support of Motion to Dismiss -
08/25/2022
Plaintiffs' Supplemental Submission in Support of their Motion for Preliminary Injunction -
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Exhibit 1 - OSDE Letter -
Exhibit 2 - Aug. 6, 2022 Tulsa World Article -
Exhibit 3 - TPS Letter
Black Emergency Response Team v. O'ConnorLegal DocumentsExhibit 1 - OSDE LetterCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 2 - Aug. 6, 2022 Tulsa World ArticleCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsExhibit 3 - TPS LetterCourt: District Court (W.D. Okla.)
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09/07/2022
Defendants' (1–18) Response to Plaintiffs' Supplemental Submission -
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Exhibit 1 - Mustange Privilege Walk
Black Emergency Response Team v. O'ConnorLegal DocumentsExhibit 1 - Mustange Privilege WalkCourt: District Court (W.D. Okla.)
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09/14/2022
Plaintiffs' Reply to Defendants' Response to Supplemental Submission in Support of Preliminary Injunction -
01/04/2023
Plaintiffs' Motion for Leave to Conduct Limited Discovery -
01/25/2023
State Defendants' Motion for Judgment on the Pleadings -
01/25/2023
State Defendants' Response to Plaintiffs' Motion to Conduct Limited Discovery -
02/01/2023
Plaintiffs' Reply in Support of their Motion for Limited Discovery -
02/24/2023
Plaintiffs' Response to State Defendants' Motion for Judgment on the Pleadings -
03/03/2023
State Defendants' Reply in Support of their Motion for Judgment on the Pleadings -
09/28/2023
Plaintiffs' Motion to Expedite Consideration of Plaintiff's Motion for Preliminary Injunction and for Leave to Conduct Limited Discovery -
10/16/2023
Order Denying Defendants' Motion to Strike Declarations -
10/19/2023
Order Denying Defendants' Motion to Strike New Evidence -
10/24/2023
Order Denying Plaintiffs' Motion to Conduct Limited Discovery -
12/04/2023
Hearing on Plaintiffs' Motions for Preliminary Injunction and Judgment on the Pleadings, and Defendants' Motions to Dismiss -
- Order Advising Counsel of Possible Hearing Questions
- Transcript of December 4, 2023 Hearing on Plaintiffs' Motions for Preliminary Injunction and Judgment on the Pleadings, and Defendants' Motions to Dismiss
Black Emergency Response Team v. O'ConnorLegal DocumentsOrder Advising Counsel of Possible Hearing QuestionsCourt: District Court (W.D. Okla.)
Download DocumentBlack Emergency Response Team v. O'ConnorLegal DocumentsTranscript of December 4, 2023 Hearing on Plaintiffs' Motions for Preliminary Injunction and Judgment on the Pleadings, and Defendants' Motions to DismissCourt: District Court (W.D. Okla.)
Download Document -
06/14/2024
Order on Motions to Dismiss & for Judgment on the Pleadings -
06/14/2024
Order of Preliminary Injunction
Date Filed: 11/09/2021
Court: District Court (W.D. Okla.)
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Download DocumentDate Filed: 01/13/2022
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Download DocumentDate Filed: 08/25/2022
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Download DocumentDate Filed: 09/07/2022
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Download DocumentDate Filed: 09/14/2022
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Download DocumentDate Filed: 01/04/2023
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Download DocumentDate Filed: 06/14/2024
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Court: District Court (W.D. Okla.)
Download DocumentPress Releases
Federal Court Partially Halts Oklahoma’s Classroom Censorship Law
Lawyers' Committee and American Civil Liberties Union Defend Free Speech in Schools in Case Challenging HB1775
Oklahoma’s Classroom Censorship Act is Unconstitutional and Remains a Threat to our First and 14th Amendment Rights
ACLU, ACLU of Oklahoma, Lawyers Committee File Lawsuit Challenging Oklahoma Classroom Censorship Bill Banning Race and Gender Discourse