A judge has declared that one of Florida Governor Ron DeSantis's hallmark policies is unconstitutional. On Monday, a federal appeals court declared that the Individual Freedom Act, often referred to as the Stop Wrongs to Our Kids and Employees (WOKE) Act, "exceeds the bounds of the First Amendment."
The Stop WOKE Act, passed in 2022, forbids businesses and educational institutions from encouraging anyone to "feel guilt, anguish, or any other form of psychological distress" because of their race, color, sex, or country of origin. It also places restrictions on how these organizations and institutions may promote diversity and inclusion. Politico reports that a number of companies contested the rule on the grounds that it prevented them from having conversations with workers "about important societal matters" and "ideas essential for improving their workplaces."
Former US District Judge Mark Walker of Tallahassee banned portions of the bill, describing it as "positively dystopian." "Under this Act, professors enjoy 'academic freedom' so long as they express only those viewpoints of which the State approves," he wrote to NBC News.
The 11th US Circuit Court of Appeals, a three-judge panel, maintained the decision on Monday, dismissing "this latest attempt to control speech by recharacterizing it as conduct." Judge Britt C. Grant said, "By limiting its restrictions to a list of ideas designated as offensive, the Act targets speech based on its content," Politico reported. "And by barring only speech that endorses any of those ideas, it penalizes certain viewpoints—the greatest First Amendment sin."
Judges Andrew Brasher and Charles Wilson joined Grant in saying, "Banning speech on a wide variety of political viewpoints is worse; banning speech on a wide variety of political topics is bad," according to the Washington Post.
Protect Democracy, the organization challenging the state, hailed it as a "major victory for free speech in the workplace." However, the press secretary for DeSantis hinted that this was not the final word. "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," Jeremy Redfern told Politico. "The First Amendment protects no such thing."
In addition, the administration said that the state will be "reviewing all options on appeal going forward."
The Stop WOKE Act, passed in 2022, forbids businesses and educational institutions from encouraging anyone to "feel guilt, anguish, or any other form of psychological distress" because of their race, color, sex, or country of origin. It also places restrictions on how these organizations and institutions may promote diversity and inclusion. Politico reports that a number of companies contested the rule on the grounds that it prevented them from having conversations with workers "about important societal matters" and "ideas essential for improving their workplaces."
Former US District Judge Mark Walker of Tallahassee banned portions of the bill, describing it as "positively dystopian." "Under this Act, professors enjoy 'academic freedom' so long as they express only those viewpoints of which the State approves," he wrote to NBC News.
The 11th US Circuit Court of Appeals, a three-judge panel, maintained the decision on Monday, dismissing "this latest attempt to control speech by recharacterizing it as conduct." Judge Britt C. Grant said, "By limiting its restrictions to a list of ideas designated as offensive, the Act targets speech based on its content," Politico reported. "And by barring only speech that endorses any of those ideas, it penalizes certain viewpoints—the greatest First Amendment sin."
Judges Andrew Brasher and Charles Wilson joined Grant in saying, "Banning speech on a wide variety of political viewpoints is worse; banning speech on a wide variety of political topics is bad," according to the Washington Post.
Protect Democracy, the organization challenging the state, hailed it as a "major victory for free speech in the workplace." However, the press secretary for DeSantis hinted that this was not the final word. "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," Jeremy Redfern told Politico. "The First Amendment protects no such thing."
In addition, the administration said that the state will be "reviewing all options on appeal going forward."
