Simon et al v. Ivey et al | Advancing DEI Initiative

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GLOSSARY

The definitions in our glossary are primarily sourced from Nolo’s Plain-English Law Dictionary and Cornell Law School’s Legal Information Institute. We have made slight modifications where needed for brevity and to better tailor the definitions to the specific needs of users of this website. For more detailed explanations of the terms, users are encouraged to review the definitions on these websites or conduct their own independent research.

A written request made after a trial court’s final ruling, asking another court to review the trial court's decisions. Appellate courts typically decide whether a legal mistake was made and whether the mistake changed the outcome of the case.

An out-of-court procedure for resolving disputes in which one or more people, “arbitrator(s),” hear evidence and make a decision. It's like a trial in some ways, but typically proceeds more quickly and with less formality.

A lawsuit in which a large number of people with similar legal claims join together (the class) to sue. In this context, it likely refers to cases in which a group of people claim they have suffered discrimination at the hands of an organization.

A document filed in court that starts a lawsuit. In some states and in some types of legal actions, the complaint is called a petition.

When an employee quits a job because working conditions are so intolerable that a reasonable person in the same situation would quit.

the money awarded to one party because of an injury or loss caused by another party.

The person or entity against whom a civil case is filed.

Working conditions that are created when unwelcome, discriminatory conduct that is so severe or pervasive that it alters the conditions of a person's employment and creates an abusive working environment.

A court order requiring a person to do or stop doing a specific action.

Harm done to a person or organization by the acts or omissions of another. Injury may be physical or may involve damage to reputation, loss of a legal right, or breach of a contract.

An appeal that occurs before the trial court's final ruling on an entire case.

Any party to a lawsuit. This might include a plaintiff, defendant, petitioner, respondent, cross-complainant, or cross-defendant, but not a witness or attorney.

The process of bringing and pursuing (litigating) a lawsuit.

A formal request, either written or oral, that a judge enter a particular order or ruling in a lawsuit.

A motion asking the judge to throw out one or more claims or an entire lawsuit.

These phrases refer to a case whose decision rests upon the law as it applied to the particular evidence and facts presented. This is in opposition to cases whose decisions rest upon procedural grounds (e.g. not filing a timely complaint).

The person, corporation, or other legal entity that initiates a lawsuit seeking damages, enforcement of a contract, or a court determination of rights. In certain states and for some types of lawsuits, the term petitioner is used instead.

Any legal document filed in a lawsuit, including the complaint, answer, and motion(s). The pleading stage gives notice to both parties of the intention of the opposing party regarding the lawsuit.

An opinion of a federal or state court of appeals establishing a legal principle or rule that must be followed by lower courts when faced with similar legal issues.

A court order early in a lawsuit that prohibits the parties from taking a disputed action until the court can decide the merits of the case.

A document that public companies must provide their shareholders prior to a shareholder meeting. The document summarizes proposals submitted to shareholders for a vote.

Punishment of an employee by an employer for engaging in legally protected activity like making a complaint of harassment or participating in workplace investigations. It can include any negative job action, such as demotion, discipline, or firing.

A legal rule under which the federal and state governments are immune from being sued in their own courts without their consent. When it applies, it's an impenetrable defense to a claim for damages.

A person's right to sue and have a court rule on their claims. To invoke a federal court's jurisdiction and have the court exercise its remedial powers on their behalf, a person must have standing.

A court order that suspends or stops certain proceedings.

A final decision by a judge, upon a party's motion, that resolves a lawsuit before there is a trial.

CASE NAME

Simon et al v. Ivey et al

Overview

A group of professors and students challenge an Alabama Law that bans DEI initiatives in Alabama universities.

Details

Plaintiffs, including professors, argue that the law violates their First Amendment rights by restricting the teaching of certain viewpoints on race, gender identity, and sexual orientation, which are considered DEI-related concepts. Plaintiffs also claim that it unfairly blocks state funding for groups and university initiatives that promote these ideas, violating their rights to free speech, free association, and equal treatment.

Plaintiffs asked the court for a to temporarily stop enforcement of the law while the case moves forward. Defendants opposed this request, arguing that Plaintiffs haven’t proven the law harms them. Specifically, Defendants say the law doesn’t stop professors from teaching certain ideas or students from discussing them, so any concerns about harm are speculative.

Defendants also argue that the lawsuit is unlikely to succeed. On the free speech issue, Defendants claim that the curriculum taught by professors at public universities is considered government speech, which the state has the right to control.

On August 13, 2025, the court denied Plaintiffs request for a preliminary injunction. Although the court found that the professors had standing as to their First Amendment claim, the claim failed because they are employees who speak on matters of public concern as part of their official duties. As a result, they are not protected by the First Amendment. As to their Fourteenth Amendment claims, the court stated that Plaintiffs could proceed since the alleged injuries are traceable to the university board's enforcement of the law in question. However, for purposes of granting the preliminary injunction, it concluded that Plaintiffs did not show that they had a substantial likelihood of success on the vagueness claim.

On September 2, 2025, Plaintiffs appealed the court's denial of their request for a preliminary injunction to the Eleventh Circuit Court of Appeals.

Court

U.S. District Court, Northern District of Alabama

Status

Filed January 14, 2025 | Ongoing

Relevant Law

Equal Protection Clause First Amendment

Topic

Freedom of speech and religion

Litigation History

Eleventh Circuit

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