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Trump judge tosses DeSantis's 'Stop Woke Law,' and calls it 'First Amendment sin'

Ron DeSantis Confused
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Florida's war on progress was rejected by an unlikely figure.

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A three-judge panel from the conservative 11th Court of Appeals on Monday soundly struck down a major component of Gov. Ron DeSantis's "Stop Woke Law," blocking its enforcement.

The 2022 law, proudly signed by Florida's transphobic, race-baiting governor, dictated how employers and schools discuss issues that may cause employers or students guilt over their status as white, heterosexual, cisgender people. The legislation specifically name-checked anyone bringing up "white privilege," claiming the law was enacted so no one ever “feel guilt, anguish, or any other form of psychological distress” due to their race, color, sex or national origin.

"The legislation also changes Florida’s employment discrimination statutes to give employees the ability to file discrimination claims against an employer engaging in trainings or discussions about Black history, LGBTQ+ issues, and other concepts of injustice and discrimination," warned the Human Rights Campaign after the bill passed.

The obvious unconstitutionality of the "Stop Woke Law" — aka The Individual Freedom Act — was pointed out in the Monday ruling from the 11th Circuit. “By limiting its restrictions to a list of ideas designated as offensive, the Act targets speech based on its content,” Judge Britt C. Grant, a Trump appointee and former law clerk of Supreme Court justice Brett Kavanaugh, wrote in the opinion, as reported by Politico. “And by barring only speech that endorses any of those ideas, it penalizes certain viewpoints — the greatest First Amendment sin.”

Florida businesses, including a consultancy company that offers services on workplace diversity, brought the lawsuit.

DeSantis's camp issued a statement claiming diversity programs promoting respect and tolerance are racist themselves.

“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,” DeSantis spokesperson Jeremy Redfern said in a statement. “The First Amendment protects no such thing, and the State of Florida should have every right to protect Floridians from racially hostile workplaces.”

A separate lawsuit focused on how the "Stop Woke Law" affects higher education is wending its way through the courts.

Also in 2022, DeSantis signed the "don't say gay" bill into law. Officially known as the Parental Rights in Education Act, the bill prohibited classroom instruction regarding sexual orientation or gender identity through eighth grade; it was later extended to cover grades 9-12.

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Neal Broverman

Neal Broverman is the Editorial Director, Print of Pride Media, publishers of The Advocate, Out, Out Traveler, and Plus, spending more than 20 years in journalism. He indulges his interest in transportation and urban planning with regular contributions to Los Angeles magazine, and his work has also appeared in the Los Angeles Times and USA Today. He lives in the City of Angels with his husband, children, and their chiweenie.
Neal Broverman is the Editorial Director, Print of Pride Media, publishers of The Advocate, Out, Out Traveler, and Plus, spending more than 20 years in journalism. He indulges his interest in transportation and urban planning with regular contributions to Los Angeles magazine, and his work has also appeared in the Los Angeles Times and USA Today. He lives in the City of Angels with his husband, children, and their chiweenie.