On April 2, 2026, Defending Education (DE) filed an amicus (“friend of the court”) brief in the U.S. Court of Appeals for the Fourth Circuit in E.K. v. Department of Defense Education Activity. The Department of Defense Education Activity (DoDEA) runs schools for military families. DE argued that DoDEA was right to remove school materials that might conflict with parents’ long-recognized right to direct their children’s upbringing.
DE pointed to Supreme Court precedent, including Meyer v. Nebraska (1923), recognizing that schools can decide what educational materials to use. Unlike many schools, DoDEA chose to remove divisive materials rather than add them, specifically to protect parents’ rights. DE urges the appeals court to uphold DoDEA’s choices.
Read the full brief below:
