On Monday, August 31, 2026, MCJ will be in New Orleans arguing before the U.S. Court of Appeals for the Fifth Circuit in defense of the lower-court injunction we won last year which has prevented enforcement of the unconstitutional free-speech restrictions that the Mississippi legislature imposed on public schools in 2025 as part of its anti-DEI legislation.
MCJ and its partners filed the lawsuit in June of 2025 against the restrictions, which included a provision prohibiting public schools from teaching about the history and present-day reality of “issues related to race, sex, color, gender identity, sexual orientation, or national origin.” The lawsuit also alleges that other provisions of the law are so vague and contradictory that students and teachers often do not know what they can and cannot talk about at school.
After two federal court hearings last summer, a federal judge in Jackson issued a preliminary injunction prohibiting school officials from enforcing the challenged provisions and from punishing teachers and students for talking about the forbidden subjects. The State Attorney General subsequently filed an appeal asking that the provisions be reinstated. Both sides have filed written arguments, and on Monday, lawyers for both sides will argue their positions to a panel of three appeals court judges, who will ask questions of the lawyers during the course of the arguments.
MCJ’s Director of Impact Litigation, Rob McDuff, has been the lead counsel for the students, parents, and teachers who are challenging the law, and he will present the arguments for our side on Monday, August 31, 2026 at 9:00 AM. Rob is an experienced lawyer in both trials and appeals, having argued four cases in the United States Supreme Court and over twenty-five cases in federal and state appeals courts. During Monday’s hearing, the Attorney General’s office will argue first for about 15 minutes. Rob will then argue our side for 20 minutes. Then the Attorney General’s office will have approximately five minutes to close.
If you wish to listen to a livestream of the hearing, you can do so at the following link on the Fifth Circuit’s website: https://www.ca5.uscourts.gov/live-streams. The name of the case is Jackson Federation of Teachers v. Fitch, and the argument will be held in the West Courtroom. If you wish instead to listen to a recording at a later time, a recording will be posted later on Monday and can be heard any time at this link: https://www.ca5.uscourts.gov/oral-argument-recordings.
In this case, as with most appeals, it will likely be several weeks before a ruling is issued. MCJ will keep you informed as we continue to Take A Stand for freedom of speech.
Related DEI Links: