Appeals court blocks Florida’s ‘Stop-Woke’ law on First Amendment grounds

Mar 5

Lauren Taylor Reporter

By Lauren Taylor (Reporter), Jake Maslo (Video Editor)

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The U.S. Court of Appeals for the 11th Circuit blocked restrictions, backed by Florida Gov. Ron DeSantis, R, on Monday, March 4. The restrictions concerned race-related issues in workplace training and posed as a central piece of Republicans’ 2022 “Stop Woke Act.”

The restrictions targeted race-related concepts in workplace training and prohibited Florida businesses from requiring their workers to attend diversity and inclusion training on race, color, sex and national origin.

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The three-judge panel upheld a lower court’s ruling that the restrictions violate First Amendment rights.

“By limiting its restrictions to a list of ideas designated as offensive, the Act targets speech based on its content,” Judge Britt Grant wrote in the 22-page opinion of the court. “And by barring only speech that endorses any of those ideas, it penalizes certain viewpoints — the greatest First Amendment sin.”

Several business owners brought lawsuits challenging the restrictions, arguing businesses should remain free to address the needs of their customers and employees without the government interfering.

The state argued that the law regulated conduct rather than speech. The appeals court dismissed those arguments, saying the restrictions unfairly targeted certain viewpoints.

Primo Tampa CEO Antonio McBroom — one of the plaintiffs — said the government has no right to police workplaces for words that some politicians disagree with, stressing the importance of freedom of expression.

On the other side, DeSantis disagreed with the court’s decision and rejected the notion that employers can require employees to be taught that one race is morally superior to another.

“Yesterday, the United States Court of Appeals for the Eleventh Circuit held that companies have a right to indoctrinate their employees with racist and discriminatory ideologies,” a statement from DeSantis’ office said. “We disagree with the court’s opinion that employers can require employees to be taught — as a condition of employment — that one race is morally superior to another race. The First Amendment protects no such thing, and the State of Florida should have every right to protect Floridians from racially hostile workplaces.”

DeSantis’ office said it will be appealing this decision.

Tags: Diversity and inclusion programs, First Amendment, Florida, Free Speech, Racism, Ron DeSantis

[LAUREN TAYLOR]

THE US COURT OF APPEALS FOR THE 11 CIRCUIT ON MONDAY BLOCKED RESTRICTIONS – BACKED BY FLORIDA GOVERNOR RON DESANTIS – RELATED TO RACE-RELATED ISSUES IN WORKPLACE TRAINING AND A CENTRAL PIECE OF SUNSHINE STATE REPUBLICANS’ “STOP WOKE ACT” OF 2022.

THE RESTRICTIONS TARGETED CERTAIN RACE-RELATED CONCEPTS IN WORKPLACE TRAINING – AND PROHIBITED FLORIDA BUSINESSES FROM REQUIRING THEIR WORKERS TO ATTEND DIVERSITY AND INCLUSION TRAINING ON RACE, COLOR, SEX AND NATIONAL ORIGIN.

THE THREE-JUDGE PANEL UPHELD A LOWER COURT’S RULING THAT: THE RESTRICTIONS VIOLATE FIRST AMENDMENT RIGHTS.

“BY LIMITING ITS RESTRICTIONS TO A LIST OF IDEAS DESIGNATED AS OFFENSIVE, THE ACT TARGETS SPEECH BASED ON ITS CONTENT. AND BY BARRING ONLY SPEECH THAT ENDORSES ANY OF THOSE IDEAS, IT PENALIZES CERTAIN VIEWPOINTS – THE GREATEST FIRST AMENDMENT SIN” JUDGE GRANT WROTE IN THE 22-PAGE OPINION OF THE COURT.

SEVERAL BUSINESS OWNERS BROUGHT LAWSUITS – CHALLENGING THE RESTRICTIONS – ARGUING BUSINESSES SHOULD REMAIN FREE TO ADDRESS THE NEEDS OF THEIR CUSTOMERS AND EMPLOYEES WITHOUT THE GOVERNMENT INTERFERING.

THE STATE ARGUED – THE LAW REGULATED CONDUCT RATHER THAN SPEECH,

HOWEVER — THE APPEALS COURT DISMISSED THOSE ARGUMENTS – EMPHASIZING THE RESTRICTIONS UNFAIRLY TARGETED CERTAIN VIEWPOINTS.

ONE OF THE PLAINTIFFS IN THE CASE – THE CEO OF PRIMO TAMPA – SAID THE GOVERNMENT HAS NO RIGHT TO POLICE WORKPLACES FOR WORDS THAT SOME POLITICIANS DISAGREE WITH, STRESSING THE IMPORTANCE OF FREEDOM OF EXPRESSION.

ON THE OTHER SIDE – GOVERNOR RON DESANTIS’ PRESS SECRETARY DISAGREED WITH THE COURT’S DECISION – FLAT OUT REJECTING THE NOTION THAT EMPLOYERS CAN REQUIRE EMPLOYEES TO BE TAUGHT THAT ONE RACE IS MORALLY SUPERIOR TO ANOTHER, SAYING:

“YESTERDAY, THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT HELD THAT COMPANIES HAVE A RIGHT TO INDOCTRINATE THEIR EMPLOYEES WITH RACIST AND DISCRIMINATORY IDEOLOGIES. WE DISAGREE WITH THE COURT’S OPINION THAT EMPLOYERS CAN REQUIRE EMPLOYEES TO BE TAUGHT — AS A CONDITION OF EMPLOYMENT — THAT ONE RACE IS MORALLY SUPERIOR TO ANOTHER RACE. THE FIRST AMENDMENT PROTECTS NO SUCH THING, AND THE STATE OF FLORIDA SHOULD HAVE EVERY RIGHT TO PROTECT FLORIDIANS FROM RACIALLY HOSTILE WORKPLACES.”

THE GOVERNOR’S OFFICE SAID IT WILL BE APPEALING THIS DECISION.