The California Department of Education has threatened to sue two prominent Stanford University education professors to prevent them from testifying in a lawsuit against the department — actions the American Civil Liberties Union of Southern California calls an attempt to muzzle them.
The ACLU, in turn, is threatening a lawsuit of its own — against CDE for infringing their and other researchers’ First Amendment rights.
Observers say the dispute has the potential to limit who conducts education research in California and what they are able to study because CDE controls the sharing of data that is not available to the public.
At issue is a restriction that CDE requires researchers to sign as a condition for their gaining access to nonpublic K-12 data. The clause, which CDE is interpreting broadly, prohibits the researcher from participating in any litigation against the department, even in cases unrelated to the research they were doing through CDE.
“It keeps education researchers from weighing in on the side of parties who are adverse to the California Department of Education. So it’s really skewing the information and expertise that can come into courts,” said Alyssa Morones, an ACLU attorney involved with the case. “Individuals and students seeking to vindicate their rights no longer will have access to these education experts, and the court can no longer hear what they have to say.”