Last Updated on July 26, 2025 by Bertrand Clarke

In a bold move to safeguard academic freedom, a coalition of faculty members at the University of Alabama has launched a new chapter of the American Association of University Professors (AAUP). This initiative comes as a direct response to Alabama’s Senate Bill 129 (SB 129), a controversial law that restricts diversity, equity, and inclusion (DEI) initiatives in public institutions. Led by Professor Sara McDaniel, the group aims to preserve open discourse and protect the university’s role as a hub for diverse perspectives, sparking a heated debate about the balance between legislative oversight and academic autonomy.

A Response to Legislative Change

Signed into law in 2024 by Governor Kay Ivey, SB 129 prohibits public colleges and universities from using taxpayer funds to support programs or events that promote “divisive concepts.” The bill defines these concepts as ideas that suggest any race, color, religion, sex, ethnicity, or national origin is inherently superior or inferior, or that assign moral blame to such groups. The law, which took effect on October 1, 2024, has already reshaped the University of Alabama’s campus, with the closure of DEI offices, the renaming of the Intercultural Diversity Center, and the removal of diversity-related content from university websites.

The legislation has prompted significant changes across the University of Alabama System. An AL.com investigation revealed that at least 30 resources previously offered by DEI offices, including scholarships and faculty affinity groups, have been discontinued or removed from public access. The Black Student Union (BSU) was recently relocated from its office in the student center, a move that critics argue diminishes support for minority students. In response, the university established the Division of Opportunities, Connections, and Success, led by former DEI official Christine Taylor, to focus on supporting students from varied backgrounds without emphasizing race or ethnicity.

Faculty Pushback and the AAUP’s Role

The formation of the AAUP chapter represents a concerted effort by faculty to counter what they see as an overreach of state authority into academic affairs. Professor McDaniel, a prominent figure in education research and the chapter’s president, has been vocal about the need to protect the university’s mission. “Students come to higher education to engage with challenging ideas and diverse perspectives,” McDaniel told The Crimson White, the university’s student newspaper. “Limiting these opportunities undermines the very purpose of a university.”

The AAUP, a national organization dedicated to advancing academic freedom and shared governance, has historically advocated for faculty rights. However, its recent endorsements of DEI initiatives have drawn criticism from some quarters, who argue that such programs can prioritize ideology over merit. Despite this, UA faculty members defend the new chapter as a necessary defense against legislative efforts to “sanitize” education. One professor, speaking anonymously to The Crimson White, framed the issue starkly: “Do we want students shielded from tough topics, or do we want them to learn from experts and wrestle with hard questions about the world?”

The faculty’s response is not limited to organizing. McDaniel is also a plaintiff in a lawsuit filed against SB 129, represented by the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP). The lawsuit, which seeks a preliminary injunction, argues that the law imposes unconstitutional restrictions on free speech and disproportionately harms minority students and faculty. According to an NAACP press release, SB 129 “limits the ability of professors to teach and students to engage with topics deemed ‘divisive’ by the state legislature.” A federal judge in the U.S. District Court for the Northern District of Alabama is expected to rule on the injunction soon, following a two-day hearing earlier this month.

A Chilling Effect on Campus

The impact of SB 129 is already evident on campus. Court documents and faculty testimony reveal a growing sense of caution among instructors. Political science professor Dana Patton, another plaintiff in the lawsuit, described a “pall of distrust, anxiety, and fear” among faculty, with some altering course content or canceling classes to avoid potential violations of the law. An email from UA Provost James Dalton, cited in court filings, urged faculty to err on the side of caution, stating he would rather “caution scores of faculty” than “mete out a single sanction” for non-compliance.

Students, too, are feeling the effects. Sydney Testman, a rising senior at the University of Alabama at Birmingham, testified that she lost a scholarship tied to her role at the Social Justice Advocacy Council, which was disbanded following the law’s enactment. “The atmosphere on campus has shifted,” Testman said during a June 26 press conference. “It feels like everyone is fending for themselves, and it’s disproportionately affecting Black students.”

The law’s defenders, including Alabama’s legal team, argue that SB 129 does not ban discussions of race or gender but merely prohibits advocacy of divisive concepts in classroom instruction. A March 2025 filing in The Alabama Reflector quoted state attorneys asserting that the law allows for “objective” discussions of controversial topics without endorsement. They also contend that plaintiffs have failed to demonstrate direct harm, noting that no faculty have been terminated or disciplined under the law.

Broader Context: A National Trend

Alabama’s anti-DEI law is part of a broader wave of legislation targeting diversity initiatives in higher education. According to Campus Reform, 20 states have passed similar laws as of April 2025, including Florida, Arkansas, and Ohio. Florida’s HB 999, signed by Governor Ron DeSantis in 2023, bans public universities from using state or federal funds for DEI programs. Ohio’s Senate Bill 1 eliminated mandatory DEI trainings and statements in faculty hiring, while Virginia’s universities have scaled back DEI efforts under pressure from the Trump administration.

These laws reflect a growing political divide over the role of DEI in education. Supporters argue that such initiatives often promote divisive ideologies that undermine meritocracy, while critics, including the UA faculty group, contend that they are essential for fostering inclusive environments and addressing systemic inequities. The debate has also reached the federal level, with the Trump administration warning that universities maintaining DEI programs risk losing federal funding.

The Path Forward

As the legal battle over SB 129 continues, the University of Alabama remains a flashpoint in the national conversation about academic freedom and diversity. The AAUP chapter’s formation signals a determination among faculty to protect their ability to teach freely and engage students with complex, sometimes uncomfortable, topics. For students like Testman, the stakes are personal, as scholarships and support systems tied to DEI initiatives hang in the balance.

The outcome of the lawsuit could set a precedent for other states grappling with similar laws. If the injunction is granted, it may temporarily halt SB 129’s enforcement, giving faculty and students breathing room to challenge its broader implications. Conversely, a ruling in favor of the state could embolden other legislatures to pursue restrictive policies, further reshaping higher education.

For now, the UA faculty’s stand is a testament to their commitment to academic integrity. As one professor put it, “Universities are where ideas are tested, not silenced.” With a federal ruling looming, the nation is watching to see whether Alabama’s classrooms will remain open to the full spectrum of human experience—or whether legislative boundaries will redefine the pursuit of knowledge.