A recent court ruling has sparked a significant debate surrounding the intersection of education policy and constitutional rights within the context of military institutions. Appointed by President Biden, Judge Patricia Giles has overturned an order by Pete Hegseth, which mandated the removal of certain books from military school libraries, deeming it a violation of First Amendment rights. The American Civil Liberties Union (ACLU) filed a lawsuit on behalf of students attending Department of War schools, challenging Hegseth’s directive that sought to purge hundreds of books addressing race and gender topics from library shelves.
The legal challenge resulted in a victory for the ACLU and the students, as Judge Giles ordered the Pentagon to restock the removed materials in school libraries at five installations named in the lawsuit. The affected schools include domestic facilities such as Crossroads Elementary School at Quantico Marine Corps Base in Virginia, Barsanti Elementary School at Fort Campbell in Kentucky, and three overseas establishments: Aviano Middle-High School in Italy, Sollars Elementary, and Edgren Middle High School at Misawa Air Base in Japan.
Among the titles ordered to be returned to the shelves are influential works such as Maya Angelou’s "I Know Why the Caged Bird Sings" and "State of Emergency," which features a foreword by rapper Cardi B. Other significant works include "White Fragility" and "Was the Cat in the Hat Black?" Hegseth, who has been at the forefront of a broader initiative to reshape the department since taking over, had justified the removals by stating that educational materials “promoting divisive concepts and gender ideology are incompatible with the Department’s core mission.”
The ACLU's request to extend the judge's order to all 161 Department of Defense-operated military schools worldwide was denied, however, with Judge Giles citing a recent Supreme Court ruling that restricts the scope of her order. The ruling prevents the five named schools from removing educational materials while the case continues through the legal system.
This decision has been called “a solid first step in a long road to restoring and protecting students’ freedom to read in schools run for military families,” by Kasey Meehan from PEN America. The ruling is a setback for Hegseth, whose leadership has been increasingly criticized from within the Pentagon. Insiders, including a high-ranking officer and two longtime civilian military officials, have voiced concerns over Hegseth’s management, with one official describing the situation as “soul-sucking to witness.”
Hegseth has been vocal in his mission to instill a “warrior ethos” within the military, advocating for stringent fitness regimens and the elimination of what he perceives as “woke” policies. A recent address to top generals highlighted his intention to revert combat roles to pre-2015 standards and enforce strict grooming policies, as well as to curtail initiatives focused on diversity, equity, inclusion, and climate change.
Adding to the controversy, Hegseth has also sought to restrict information flow from the Pentagon, issuing a memo that requires military personnel to obtain express approval before speaking to Congress, aiming to ensure "coordination and alignment of Department messaging."