President Trump’s DEI Executive Order put on ice

by Michael P. Maslanka, UNT-Dallas College of Law

On January 21, President Donald Trump signed an Executive Order (EO) directing the federal government to investigate companies and schools with diversity, equity, and inclusion (DEI) initiatives (for more on the EO, see “Is it DOA for DEI? Questions and answers on recent Executive Order”).

But on Friday, February 21, a federal district court in Maryland issued a 63-page opinion placing a preliminary injunction on the EO, including stopping the federal government from investigating companies and schools and enforcing its provisions.

The court gave two reasons. First, employers have a First Amendment right to free speech, including sponsoring DEI programs. According to the court, the EO “expressly targets, and threatens, the expression of views supportive of equity, diversity, and inclusion—a ‘particular view’” taken by some companies. The First Amendment forbids this conduct.