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ACLU Lawsuit Challenges DoDEA Censorship

The ACLU has filed a lawsuit against the Department of Defense Education Activity (DoDEA) over book removals and curriculum changes in Department of Defense-run schools. The lawsuit, filed in April 2025 by the American Civil Liberties Union on behalf of 12 students and military families, challenged the removal of nearly 600 books from DoDEA libraries.

The litigation stems from a series of 2025 executive orders that attempt to prohibit the use of federal funds for materials containing what the administration claims promotes so-called gender ideology and “divisive equity ideology.”

In response, DoDEA officials began a “review” of library collections and curricula across its 160 schools worldwide, and began the removal of nearly 600 titles.

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ACLU Lawsuit Challenges DoDEA Censorship

U.S. District Judge Patricia Tolliver Giles denied a motion to dismiss the lawsuit outright, which Stripes.com notes “was filed in June by the Department of Defense Education Activity, Defense Secretary Pete Hegseth and former DODEA director Beth Schiavino-Narvaez.”

Giles notes the book removals “violated their students’ First Amendment rights, met the legal requirements for the case to continue,” as reported at Stripes.com.

Legal Rulings Against DoDEA Censorship

This isn’t the first time the DoD has drawn the ire of the legal system over this issue. In October 2025, Giles issued a preliminary injunction requiring DoDEA to restore the removed books and other materials to five schools attended by the plaintiffs.

The judge found that the families demonstrated a likelihood of success in proving that the removals were based on political disagreement with viewpoints it disagrees with rather than educational suitability.

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While the injunction was a victory for the plaintiffs, its immediate legal effect is limited to the specific schools in the suit, located in Virginia, Kentucky, Italy, and Japan.

The judge did not order a worldwide injunction covering all 160+ DoDEA schools, citing recent Supreme Court guidance on the limits of universal injunctions. However, the litigation continues to move forward to determine if the censorship was unconstitutional across the entire system.

Materials Affected by DoDEA Censorship

The controversy involves a wide range of content, including:

  • Books on LGBTQ+ identities and history.
  • Books and curricula regarding slavery
  • Books and curricula covering Native American history.
  • Health and psychology materials, specifically modules related to sex and gender.
  • Student yearbooks
  • Cultural events, such as Black History Month and Women’s History Month assemblies.

What’s Next?

As of March 2026, the case is proceeding through the federal court system. The Department of Defense has argued that the removals were a “temporary set-aside” for so-called “compliance reviews”, while the plaintiffs maintain the actions have caused harm by creating a chilling effect on freedom of expression within the military school community.

This is a developing story, but the implications could affect all 160 DoDEA schools worldwide.

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About the author

Editor-in-Chief

Editor-in-Chief Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter/editor for Air Force Television News and the Pentagon Channel. His freelance work includes contract work for Motorola, VALoans.com, and Credit Karma. He is co-founder of Dim Art House in Springfield, Illinois, and spends his non-writing time as an abstract painter, independent publisher, and occasional filmmaker.