Judge blocks DeSantis’s ‘Stop WOKE Act,’ says Florida feels like a ‘1A upside down"

[Edge-]

https://thehill.com/regulation/court...t-upside-down/

A federal judge on Thursday blocked a Florida law restricting how workplaces and schools can discuss race during required training or instruction championed by Florida Gov. Ron DeSantis (R).

U.S. District Court for the Northern District of Florida Chief Judge Mark Walker issued a preliminary injunction blocking the law, known as the “Stop WOKE Act,” saying it violates free speech protections under the First Amendment and that it violates the Fourteenth Amendment’s Due Process Clause for being impermissibly vague.

“Recently, Florida has seemed like a First Amendment upside down,” Walker wrote in the ruling, comparing the law to the fictional “upside down” in the Netflix series “Stranger Things.”

“Normally, the First Amendment bars the state from burdening speech, while private actors may burden speech freely,” the Obama-appointed judge continued. “But in Florida, the First Amendment apparently bars private actors from burdening speech, while the state may burden speech freely.”

The law prevents workplaces from requiring employees to attend any activity that violates any of eight concepts, like instilling that someone bears “personal responsibility” for historic wrongdoings because of their race, color, sex or national origin.

DeSantis and other Republicans promoted the new legislation as fighting back against liberals seeking to make white people feel guilty in diversity and inclusion efforts.

“In Florida, we will not let the far-left woke agenda take over our schools and workplaces,” DeSantis said during a signing ceremony in April. “There is no place for indoctrination or discrimination in Florida.”

In the ruling, Walker argued the law implemented viewpoint-based regulation on speech, noting that a nonprofit could not hold a required meeting in which it endorses the concept of white privilege while another nonprofit was free to hold required meetings criticizing the concept.

“If Florida truly believes we live in a post-racial society, then let it make its case,” Walker ruled. “But it cannot win the argument by muzzling its opponents.”

Nonprofit Protect Democracy filed the lawsuit challenging the law in June on behalf of honeymoon registry technology company Honeyfund and Ben & Jerry’s franchisee Primo Tampa, both of whom wished to require employee training prohibited by the law.

The group also challenged the law on behalf of workplace diversity and inclusion consulting company Collective Concepts and its co-founder Chevara Orrin.

“This vague law violates the First and Fourteenth Amendments by prohibiting the expression of viewpoints disfavored by government officials and chilling a wide range of speech in the workplace,” Shalini Goel Agarwal, counsel at Protect Democracy, said in a statement.

“We look forward to proceeding to trial, winning, and seeing this law permanently overturned,” she said. “It is a direct attack on American free speech values as well as on free enterprise in Florida.”

The Hill has reached out to DeSantis’s office for comment.

The American Civil Liberties Union (ACLU), ACLU of Florida and other groups filed a separate lawsuit challenging the law on Thursday on behalf of a group of students and educators in the state.

Well, score one for the First Amendment and our courts, and against regressive Republicans attempting to use the state to control and/or compel speech on behalf of individuals and private entities.

It's crazy to me that Republicans are just brazenly passing unconstitutional laws like this and not expecting them to get placed on hold while they work their way towards getting invalidated as unconstitutional by our courts.

It's especially weird since this is essentially a MASSIVE EXPANSION of government, and an expansion that intrudes deeply into private life. You know...all the things that Republicans claim they hate.

Also also, it's weird that DeSantis argues that the act is to "stop indoctrination" while his state actively moves forward with what are essentially multiple propaganda-esque indoctrination plans when it comes to education.

Either way, at the end of the day this is a (temporary, at least) win for Free Speech, the First Amendment, and limited government. All the things Republicans claim to be for.

[Breccia]

“If Florida truly believes we live in a post-racial society, then let it make its case,” Walker ruled. “But it cannot win the argument by muzzling its opponents.”.

I have to admit, this First Amendment issue seems pretty direct now that I see it in print. The government dictating what you're allowed to say is literally the first thing the Founding Fathers blocked.

[s_bushido]

I have to admit, this First Amendment issue seems pretty direct now that I see it in print. The government dictating what you're allowed to say is literally the first thing the Founding Fathers blocked.

The state telling people and organizations that they can't endorse ideas/policies that the current administration opposes seems about as clear-cut as it gets. Especially when "woke" is just about the most meaningless buzzword imaginable.

Of course, I have little doubt that it would simply get reinstated if/when it gets to the SCOTUS...given that they're happy to completely ignore people's rights when it suits them, as well.

[gondrin]

I swear, the same people on the far right screaming "CONSTITUTION!!!" "2A1!!!" seem to have forgotten that the Constitution is there to restrict what the government cannot do without some very specific reasons why it has to be done(like shouting fire in a theater is creating a panic), not what private citizens can do.

[Edge-]

I swear, the same people on the far right screaming "CONSTITUTION!!!" "2A1!!!" seem to have forgotten that the Constitution is there to restrict what the government cannot do without some very specific reasons why it has to be done(like shouting fire in a theater is creating a panic), not what private citizens can do.

Same crowd likes to talk about multiple documents/books that they claim to hold dear to their heart but very clearly have never actually read in their lifetimes.

[Kaleredar]

DeSantis seems to think he won the last gubernatorial race by a lot more than he actually did.

Between picking fights with Disney, his atrocious COVID response, and his increasingly manic targeting of LGBTQ+ peoples and interference in Florida schools I don't know how "safe" his reelection is come 2024, assuming he's not running for president instead.

[Edge-]

DeSantis seems to think he won the last gubernatorial race by a lot more than he actually did.

Between picking fights with Disney, his atrocious COVID response, and his increasingly manic targeting of LGBTQ+ peoples and interference in Florida schools I don't know how "safe" his reelection is come 2024, assuming he's not running for president instead.

Because he doesn't want to keep his current job. He's got bigger aspirations so his moves have been very much towards building a national profile to run on as, "The smarter, more disciplined Trump who says and does basically the same stuff."

Similar to how Newsom in CA is making moves in that direction...except that his policies and actions back in CA are actually still largely designed to achieve some real good rather than simply be red meat for the far-left. Like, even /r/conservative was nearly universally on board with the announcement that CA would provide free school means to all children.

[Sunseeker]

Like, Trump is a moron and an asshole, but DeSantis is a fucking psychopath with no regard for the Constitution. So yeah, the idea that he may be the nominee in Trump's stead come 2024 is fucking terrifying.

[Endus]

Especially when "woke" is just about the most meaningless buzzword imaginable.

"Woke" can get chalked up right next to "political correctness" for basically being a shorthand for "basic respect for other people". And that's such a problem for Conservatives, they get really bent out of shape when you expect them to show that level of basic respect for everyone.

"Wait, even <insert minority here>?"

Yes, jackass. Everyone.

I've yet to meet anyone using either term as a criticism/slur who wasn't a stark, raving bigot who had literally nothing worth saying.

[Kaleredar]

Like, Trump is a moron and an asshole, but DeSantis is a fucking psychopath with no regard for the Constitution. So yeah, the idea that he may be the nominee in Trump's stead come 2024 is fucking terrifying.

We'll have to see how prominent DeSantis becomes. People who keep up with politics might know him as the insane far-right governor of Florida, but most people throughout the US would still go "Who? Governor of Florida man? Eh, pass." He still polls behind Trump, and without Trump officially endorsing DeSantis I don't think DeSantis has any real shot at winning.

Furthermore I don't really see Trump acquiescing to the GOP simply giving the nomination to someone else. He's not remotely beyond branding the GOP as having tampered with the nomination or calling them RINOs or generally turning his devout base against them and whomever the GOP nominates instead. And if you thought Bernie Bros were jilted about the "nomination being stolen from him and given to Clinton" at least Bernie Bros never turned that hissy fit into a murderous insurrection attempt.

What the GOP establishment wants here is the democrats to do something that forces their hand in disallowing Trump from running, such that the GOP can point their fingers saying "bad, evil democrats!" and run on a platform of "democrats are using the government to do their dark bidding" and "elect us and we'll avenge poor, mistreated Trump!"... but still have had Trump removed from being a toxic thorn in their side.

[beanman12345]

Like, Trump is a moron and an asshole, but DeSantis is a fucking psychopath with no regard for the Constitution. So yeah, the idea that he may be the nominee in Trump's stead come 2024 is fucking terrifying.

On the plus side, DeSantass is boring af and has basically no charisma. You watch a presser of his and try to stay awake.(not an actual dare, there are more enjoyable ways to kill braincells.) My point being, him being a snoozer and running in 24 means he's very beatable.

[Doctor Amadeus]

Honestly when it comes to Desantis or Abbot I really have zero problem with what they are doing. I 100% hate and disagree with both. But if they are what Florida and Texas want by all means. Much rather I’m never going to either state Ever. I also think it’s a perfect state for those who agree with them.

[Tentim]

While it's a good win I wish people wouldn't be such hypocrites when it comes to the first amendment. Usually they cower behind it isn't public property or hand waving away violence.

This is a good thing but both sides attempt to limit free speech as much as possible it's very dangers to go monkey brain logic and make one good and one bad.

[Xyonai]

While it's a good win I wish people wouldn't be such hypocrites when it comes to the first amendment. Usually they cower behind it isn't public property or hand waving away violence.

This is a good thing but both sides attempt to limit free speech as much as possible it's very dangers to go monkey brain logic and make one good and one bad.

Being banned on twitter for being a dipshit isn't the same as the government punishing you for talking about racism. Jesus fucking Christ.

[Breccia]

This is a good thing but both sides attempt to limit free speech as much as possible

Prove it. Which Democratic mayor, governor, House/Senate or President is trying to pass a law, right now, that limits free speech?

[Tentim]

Prove it. Which Democratic mayor, governor, House/Senate or President is trying to pass a law, right now, that limits free speech?

They call it hate speech different marketing and you will see a difference I won't.

[s_bushido]

But if they are what Florida and Texas want by all means.

They're fucking not. If you put basically any Republican policy up for a popular vote, it will lose. Nevermind that you don't get to simply ignore the fundamental rights that every citizen of the country holds just because some bigoted shitbag in a red state thinks it's a good idea.

- - - Updated - - -

They call it hate speech different marketing and you will see a difference I won't.

So you have no specifics to answer his question.

[Breccia]

They call it hate speech--

I asked you a question. Name the Democratic mayor, governor, etc. trying to pass a law restricting hate speech. Because as of Brandenburg vs. Ohio hate speech is still legal in the US.

Strike one. Try harder.

[Tentim]

They're fucking not. If you put basically any Republican policy up for a popular vote, it will lose. Nevermind that you don't get to simply ignore the fundamental rights that every citizen of the country holds just because some bigoted shitbag in a red state thinks it's a good idea.

- - - Updated - - -



So you have no specifics to answer his question.

None that he would accept no. He would hand wave any example I gave with the catch phrases " That's not government its private business " or " freedom of speech isn't freedom of consequences".

You don't debate an extremist it's a waste of breath.

- - - Updated - - -

I asked you a question. Name the Democratic mayor, governor, etc. trying to pass a law restricting hate speech. Because as of Brandenburg vs. Ohio hate speech is still legal in the US.

Strike one. Try harder.

Yes and I dismissed you knowing how you would pretzel yourself.

[Breccia]

He would hand wave any example I gave with the catch phrases " That's not government its private business " or " freedom of speech isn't freedom of consequences".

Well, for one, you haven't provided an example.

For two, "it's private business" is actually part of the whole deal. The First Amendment restricts the government. It does not restrict Twitter. Of course I would handwave irrelevant, bad examples. You might as well call me an extremist for saying two plus two doesn't equal fish.

I do like you calling me an "extremist" for hypothetically defending consequences for your actions, though.

Strike two. You get one more.