Court Declines to Block AB 715 and Erroneously Holds Teachers Have No First Amendment Rights

FOR IMMEDIATE RELEASE
January 2, 2026

SAN JOSE, CA | A federal district court decision declined to block the enforcement of California Assembly Bill 715 (AB 715), a new statute ostensibly addressing antisemitism in public education.

In her ruling, U.S. District Judge Noël Wise denied plaintiffs’ request for a preliminary injunction, finding they were unlikely to succeed on claims that AB 715 is unconstitutionally vague or violates students’ and educators’ constitutional rights. Crucial to the decision is Judge Wise’s assessment that AB 715 does not, on its face, punish speech critical of Israel or Zionism. The court further concluded that teachers “do not have First Amendment rights while teaching,” reasoning that classroom instruction constitutes government speech.

ADC strongly disagrees with that conclusion.

“We dispute the court’s assumption that teachers have no First Amendment rights in the classroom,” said Jenin Younes, ADC National Legal Director and counsel for the plaintiffs. “That view is inconsistent with Supreme Court precedent, which has never held that educators surrender their constitutional protections when they teach. Teachers are not meant to be government mouthpieces— and the Supreme Court has been clear about that. ADC has never argued that classrooms should be used to push personal political ideologies — but teachers do have First Amendment rights, including the right to teach accurate history and foster open discussion and debate. Reducing educators to mere conduits of state-approved speech undermines academic freedom and chills meaningful classroom discussion.”

While the court stated that AB 715 does not facially prohibit discussion of Israel, Palestine, or Zionism, ADC maintains that the law’s structure and enforcement framework create a significant chilling effect on lawful classroom instruction, particularly on issues that are politically sensitive or contested.

“Educators should not have to fear discipline for presenting accurate history or encouraging critical thinking,” Younes added. “The Constitution protects the classroom as a place for learning, not censorship.”

Though the court denied the plaintiffs’ request for an emergency injunction, it left open the possibility of future relief depending on how AB 715 is enforced.

ADC remains committed to defending free speech, civil rights, and the ability of teachers and students to engage honestly with history and current events without fear of censorship or retaliation. We will continue to fight for the constitutional rights of our clients, teachers, and students.

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About ADC

The American-Arab Anti-Discrimination Committee (ADC) is the largest Arab American grassroots organization in the United States, founded in 1980 by former Senator James Abourezk. ADC’s mission is to defend and promote the human rights, civil rights, and liberties of at least 3.7 million Arab Americans residing in the United States. Through its work, ADC fights discrimination, enhances public understanding of Arab history and culture, and partners with marginalized communities globally to advance social justice.

Read this legal analysis for more information:

https://www.laprogressive.com/law-and-justice/ab-715-goes-into-effect