‘First Amendment Upside Down’: DeSantis’s ‘Stop WOKE Act’ Blocked by Federal Judge Decrying Free Speech Violations in Florida
Florida Gov. Ron DeSantis (R-FL) suffered a judicial setback on Thursday when a federal judge suspended the enforcement of the Stop WOKE Act, ruling it violated free speech.
U.S. District Court for the Northern District of Florida Chief Judge Mark Walker issued a preliminary injunction suspending the law and issued a strongly worded opinion slamming Florida’s recent approach toward free speech.
“In the popular television series Stranger Things, the “upside down” describes a parallel dimension containing a distorted version of our world. See Stranger Things (Netflix 2022). Recently, Florida has seemed like a First Amendment upside down,” Walker wrote in the first paragraph of his opinion.
“Normally, the First Amendment bars the state from burdening speech, while private actors may burden speech freely. But in Florida, the First Amendment apparently bars private actors from burdening speech, while the state may burden speech freely,” he added before citing various statutes.
The Stop WOKE Act was signed into law in April by DeSantis, who has branded himself as a GOP culture warrior fighting back against progressive politics.
The law banned various forms of speech, including the teaching of critical race theory and workplace diversity and sensitivity training.
“We won’t allow Florida tax dollars to be spent teaching kids to hate our country or to hate each other. We also have a responsibility to ensure that parents have the means to vindicate their rights when it comes to enforcing state standards. Finally, we must protect Florida workers against the hostile work environment that is created when large corporations force their employees to endure CRT-inspired ‘training’ and indoctrination,” said DeSantis when he announced the legislation in December 2021.
The acronym WOKE stands for “wrongs to our kids and employees.”
“Florida’s Legislators may well find Plaintiffs’ speech repugnant. But under our constitutional scheme, the ‘remedy’ for repugnant speech is more speech, not enforced silence,” Walker wrote in his decision, which ruled on behalf of various small business owners who sued the state.
“The plaintiffs said in their lawsuit that Florida’s law infringed on workplace training programs regarding diversity and inclusion, as well as trainings to prevent harassment,” reported Insider on the case.
“If Florida truly believes we live in a post-racial society, then let it make its case,” ruled Walker, who was appointed by former President Barack Obama. “But it cannot win the argument by muzzling its opponents.”
Conservative writer David French reacted to the ruling, writing, “The DeSantis narrative is that he’s the culture warrior who gets results, but two big pieces of culture war legislation (Stop WOKE Act and social media law) are now blocked by courts. And FL may have to pay legal fees.”
“Might I suggest this isn’t what winning looks like?” French concluded.
The DeSantis narrative is that he’s the culture warrior who gets results, but two big pieces of culture war legislation (Stop WOKE Act and social media law) are now blocked by courts. And FL may have to pay legal fees.
Might I suggest this isn’t what winning looks like? https://t.co/rsLDJpPPyz
— David French (@DavidAFrench) August 18, 2022
