Nearly 400 “educational intimidation” bills have been introduced by state lawmakers over the last two and a half years, a troubling sign of where academic freedom in this country is headed.
Between January 2021 and June 2023, Republicans in state legislatures introduced 392 educational intimidation bills, according to a new report published Wednesday from PEN America. While only 38 of those bills actually passed, this tidal wave of legislation represents an ongoing campaign to make teachers afraid to teach.
PEN America classifies educational intimidation bills as different from traditional “educational gag orders,” which explicitly prohibit materials and subject matter that can be taught in classrooms. Educational intimidation bills do not act as direct censorship, but rather encourage self-censorship from teachers, librarians, and administrators by creating environments where free speech is chilled. They often bill themselves as “parental rights” bills, hiding their radical nature behind more neutral language.
Missouri has introduced 30 such bills, the most of any state in the country, but all of the measures failed. Florida was able to pass the most, with 15 pieces of legislation signed into state law, thanks in large part to Republican Governor Ron DeSantis, who has led a “war on woke” in education.
According to PEN America, these bills have been able to become so popular because of clever rhetorical framing.
“By framing such bills in terms of ‘curriculum transparency’ and ‘parental rights,’ supporters hope to make them appear benign—as simple common sense,” the report by PEN America said. “They are not.”
The bills contain provisions allowing for enhanced inspection of curricula, teachers, and library facilities. Some allow opt-outs so that parents can remove their children from certain kinds of instruction, or institute opt-ins requiring parents to proactively approve certain material, thus making restriction the default of education. Many of the bills also expand student and classroom monitoring.