In a decision that has sent ripples through Mississippi’s education system, U.S. District Judge Henry T. Wingate has blocked key portions of a controversial state law that bans diversity, equity, and inclusion (DEI) programs in public schools and universities. The preliminary injunction, issued on August 18, 2025, halts the enforcement of House Bill 1193 until a final legal ruling is reached, keeping classrooms open to discussions that some lawmakers sought to restrict.
The law, which was passed by Mississippi’s GOP-controlled legislature and signed by Republican Governor Tate Reeves in April, aimed to prohibit public schools from promoting or participating in DEI activities. It specifically outlawed the use of DEI principles in hiring and teaching at all public K-12 schools, junior colleges, and universities that receive taxpayer funding. The legislation also mandated that educational institutions investigate any potential violations, with the threat of losing state funding looming over those found noncompliant.
According to Mississippi Today, the challenge to the law was swift. A coalition of professors, parents, and students—represented by the American Civil Liberties Union (ACLU) of Mississippi and other advocacy groups—filed a lawsuit arguing that House Bill 1193 violated their First and Fourteenth Amendment rights. The plaintiffs contended that the law’s vague language would chill classroom discussions about race, sex, gender identity, and sexual orientation, as well as essential historical events like the Civil War, women’s rights, and the legacy of slavery.
Judge Wingate’s ruling was clear and forceful. In his written order, he described the law as “unconstitutionally vague, fails to treat speech in a viewpoint-neutral manner, and carries with it serious risks of terrible consequences with respect to the chilling of expression and academic freedom.” He further warned, “(The law), if it lives down to the fears it has generated, has a mouthful of sharp teeth which could inflict deep bites.”
The preliminary injunction is not the first time Judge Wingate has intervened. He previously granted a temporary restraining order in late June, which expired the same day the new injunction was issued. This latest decision ensures that the law will remain unenforceable until the litigation concludes and a final ruling is handed down.
During an August 5 hearing, the plaintiffs’ attorneys argued that the law’s vagueness left teachers, students, and parents unsure about what topics could be safely discussed in the classroom. Witnesses described a growing sense of fear and uncertainty just weeks before classes were set to begin. Professors from the University of Mississippi testified that the policy was preventing them from finalizing their syllabi, while a parent from Jackson Public Schools expressed concern that her children might be punished simply for sharing aspects of their home life—especially since the process for “curing” violations remained unclear.
One particularly striking moment came when Cliff Johnson, a professor at the University of Mississippi Law School and Mississippi director of the MacArthur Justice Center, explained the bind the law placed him in. “I think I’m in a very difficult position. I can teach my class as usual and run the serious risk of being disciplined, or I could abandon something that’s very important to me,” Johnson testified, according to the Associated Press. “I feel a bit paralyzed.”
Those supporting the law, including attorneys from the state attorney general’s office, argued that public employees do not have First Amendment rights when acting as agents of the government. “They are speaking for the government and the government has every right to tell them what they need to say on its behalf,” argued Lisa Reppeto, an attorney at the attorney general’s office. She added that the law’s consequences are aimed at schools, not individual students or teachers, and maintained that the plaintiffs’ “argument is not consistent with what is in the statute.”
Despite these defenses, Judge Wingate found that the state’s attorneys had not presented enough evidence to counter the plaintiffs’ claims. He wrote that the testimonies provided by educators and parents were sufficient to justify the injunction. The legal battle, however, is far from over. The case will now move into the discovery phase, with both sides gathering evidence in preparation for a bench trial, after which Judge Wingate will issue a final ruling. Any party dissatisfied with the outcome will have the right to appeal to the conservative-leaning U.S. 5th Circuit Court of Appeals.
The ruling has been welcomed by advocates of academic freedom and civil liberties. Joshua Tom, legal director at the ACLU of Mississippi, said he was “pleased” with the court’s decision, stating, “The State’s attempt to impose its preferred views — and ban opposing views — on Mississippi’s public education system is not only bad policy, it’s illegal, as the court has preliminarily found today.” Jarvis Dortch, executive director of the ACLU of Mississippi, echoed this sentiment, saying, “The Court sees the law for what it plainly is — an attempt to stop the proper exchange of ideas within the classroom.”
Deanna Kreisel, an associate English professor at the University of Mississippi and a member of the United Campus Workers, one of the plaintiffs in the case, expressed relief at the ruling. “It is an enormous relief that the court has sided with academic freedom, free speech, and due process in its recent decision,” Kreisel said. “The fight is not over, but at least for the time being, the students of Mississippi can continue to learn in an environment free of ideological constraints and partisan censorship.”
The preliminary injunction does not block all aspects of the law. Provisions that prevent schools from giving preferential treatment based on race, sex, color, or national origin, and that penalize those who refuse to embrace DEI concepts, remain in effect. Still, the blocked sections include those that would have banned the discussion of so-called “divisive concepts” and the maintenance of DEI programs, courses, and offices, as well as diversity training requirements.
The case has also gained broader significance following a U.S. Supreme Court ruling in June 2025, which limited the ability of federal judges to grant sweeping injunctions. In response, Judge Wingate granted the plaintiffs’ request to add class action claims, ensuring that the injunction would apply statewide to all teachers, professors, and students.
As the legal fight continues, Mississippi’s educators, students, and parents find themselves at the center of a national debate over free speech, academic freedom, and the role of DEI in public education. With the new school year underway, the preliminary injunction means that, for now, classrooms across the state remain spaces where difficult and important conversations can still take place.
