Title: The Florida “Stop WOKE Act”: A Legal Battle Over Free Speech and Discrimination
Florida Governor Ron DeSantis is considering an appeal to the federal court’s decision that partially invalidated his state’s Individual Freedom Act, also known as the “Stop WOKE Act.” The legislation, which is part of DeSantis’ campaign against “woke ideology,” has been challenged in court for its potential infringement on employers’ free speech rights.
On August 20, 2022, the U.S. District Court for the Northern District of Florida issued an injunction that blocked enforcement of parts of the Stop WOKE Act, which prohibits mandatory workplace activities and trainings that suggest one race is morally superior to another based on race, color, sex, or national origin. The injunction was granted as the court found the law to violate the First Amendment’s protection of free speech and the Fourteenth Amendment’s equal protection clause due to its discrimination based on viewpoint.
In a statement released by his office, DeSantis expressed disagreement with the ruling and stated that employees should not be required to be taught that one race is morally superior to another. He emphasized the importance of protecting Floridians from racially hostile workplaces and is currently reviewing options for an appeal.
The Stop WOKE Act is one of several bills that DeSantis signed into law in 2022 as part of his efforts to challenge “woke ideology.” The legislation has been met with controversy, with some arguing that it is a necessary protection against discriminatory practices in the workplace and others claiming it is an attack on free speech.
In his August 2022 ruling, U.S. District Court Judge Mark E. Walker compared Florida’s interpretation of the First Amendment to the “upside down” dimension in the Netflix TV series, “Stranger Things.” He noted that typically, the First Amendment prevents the state from burdening free speech but in Florida’s case, it appears to allow such burdens while restricting private actors’ speech.
Eleventh Circuit Appeals Judge Britt Grant, who was appointed by former President Donald Trump and authored the appeals court’s opinion on behalf of the panel of three judges, also agreed that the Florida law violates the First Amendment. She noted that the Act targets speech based on its content and penalizes certain viewpoints, making it a clear violation of the greatest sin in the First Amendment.
Judge Grant also rejected the argument that the law is similar to Title VII of the Civil Rights Act, which protects against workplace discrimination. She emphasized that having similar asserted purposes does not make the two laws the same and the Stop WOKE Act’s primary goal is to restrict speech.
The judges also pointed out that the law only protects approved speech and concepts, making it impossible to determine which mandatory trainings are prohibited without knowing whether they disagree with Florida. This is a clear violation of the First Amendment’s protection of free speech, as it keeps both willing and unwilling listeners from hearing certain perspectives.
Attorneys defending the Stop WOKE Act have compared it to Title VII, but Judge Grant described this as a last-ditch effort. The law’s primary goal is to restrict speech, while Title VII was not directed at restricting speech but rather regulating discrimination in the workplace.
Despite these rulings, Florida’s Stop WOKE Act continues to be a topic of intense debate and legal challenges. As DeSantis considers his next steps, the future of this controversial legislation remains uncertain.
