State appeals court

The New Hampshire Department of Education is appealing a federal court ruling that deemed its 'divisive concepts' law unconstitutional due to vagueness. Attorney General John Formella argues that the court misapplied the vagueness doctrine and overstepped its bounds by questioning legislative policy choices regarding education. The 2021 law restricts educators from discussing certain concepts related to race and identity, aimed at limiting discussions deemed divisive, and has been criticized for chilling classroom speech. The appeal will be heard by the First Circuit Court of Appeals in Boston, although no schedule for arguments has been set. The law allows parents to sue if they believe educators violate these restrictions, potentially leading to professional penalties for teachers. The case highlights ongoing national debates over educational content and critical race theory in classrooms.