Florida DeSantis Stop WOKE Act violates First Amendment, court rules
Florida’s anti-woke law restricting how professors can teach about race and gender at public colleges and universities violates the First Amendment, a divided federal appeals court has found reigned Tuesday. It’s a major blow to one of Republican Gov. Ron DeSantis’ signature culture war policies.
2-1 decision U.S. 11th Circuit Court of Appeals decision barring Florida from enforcing so-called higher education provisions Stop WOKE ActIt’s a law DeSantis is advocating for in 2022 as part of his broader campaign against critical race theory, diversity programs and what he calls “woke” ideology in schools and workplaces.
Judge Britt Grant, an appointee of President Donald Trump, rejected Florida’s argument that the professors’ classroom conversations belonged to the state because they were paid by the government.
“If the First Amendment offers any limit of protection for public college classrooms, this law exceeds that,” Grant said. wrote.
The majority said the case forced the court to address a question the Supreme Court had left open: How much First Amendment protection public college professors have when teaching.
“Hearing an idea you disagree with is not discrimination; it is an opportunity to come up with a better idea, maybe even change your mind,” Grant wrote.
The split decision gives Florida a way to keep fighting. The three-judge panel approved the preliminary injunction, meaning the law will continue to be blocked while the case continues. Florida could ask the full 11th Circuit to review the case or petition the Supreme Court to review the case.
DeSantis did not immediately respond to a request for comment.
The law is officially Individual Freedom ActIt prohibited instruction that “adopts, encourages, promotes, inculcates, or compels” students to believe in a set of concepts tied to race, gender, national origin, and privilege.
These included ideas that a person is inherently racist or sexist because of their race or gender, or that one should feel guilt or psychological distress due to the past actions of those of the same race or gender.
Grant, along with former President Bill Clinton appointee Charles Wilson, called Florida’s position “a breathtaking assertion of power in banning unpopular ideas from public discourse” in public college classrooms.
Judge Barbara Lagoa, another Trump appointee and former Florida Supreme Court justice selected by DeSantis, dissented. Lagoa argued that Florida was acting within its authority to control what professors could support in state-sponsored classes.
“The First Amendment protects all viewpoints in the public square, whether traditional or controversial,” Lagoa said. he wrote. “But it does not mandate that all perspectives are worthy of state-sponsored approval.”
Lagoa said the majority wrongly limited the state’s authority over education at public universities.
“This panel is not at liberty to rewrite precedent just because we don’t like the way things are going,” he wrote.
Florida Attorney General James Uthmeier praised Lagoa after the verdict, writing about X that “he may be the best lawyer in our country.”Should be at SCOTUS.”
Tuesday’s ruling was the latest court defeat in DeSantis’ broader fight over schools, universities and race. The same appeals court had previously blocked another section of the Stop WOKE Act restricting workplace training.
The latest decision comes after two lawsuits filed by professors, students and a student group arguing that the law violates classroom censorship. One challenge was filed by the Foundation for Individual Rights and Expression, while another was brought by the ACLU of Florida. Legal Defense Fund and Ballard Spahr.
“This decision was worth the wait. It sets a strong precedent that higher education cannot be limited to the whims of politicians,” Leah Watson, senior staff attorney for the ACLU’s Racial Justice Program, said in a statement.
