PEN America counts 47 educational gag order laws enacted across 23 US states since 2021

PEN America, a free expression organization that tracks legislation restricting speech in educational settings, published a count showing that 47 educational gag order laws had been enacted in 23 states since 2021, with an additional 10 laws specifically targeting higher education. The laws restricted what teachers and professors could say about race, gender, sexual orientation, American history, and contemporary politics. Several states criminalized certain classroom discussions or tied accreditation and funding to compliance. PEN America's analysis found that the laws varied widely in specificity, but most shared a common structure: prohibiting instruction that could make students feel discomfort or guilt based on their identity, with enforcement through student complaint mechanisms, legislative audits, or accreditation review. Faculty members in states with broad laws reported self-censoring entire units of their courses out of fear of triggering a complaint.