‘Violates free speech rights’: Part of Florida Gov. Ron DeSantis’ Stop W.O.K.E Act dies with permanent injunction by federal judge

DAVID HARRISJul 28th, 2024, 12:06 pmUpdated Jul 29th, 2024, 1:11 pm

Florida Governor Ron DeSantis addresses the crowd before publicly signing “Stop W.O.K.E” bill in Hialeah Gardens, Florida, on April 22, 2022. (Daniel A. Varela/Miami Herald via AP)

Florida Gov. Ron DeSantis often says the Sunshine State is the place where “woke goes to die.” But a federal judge on Friday killed part of the Stop W.O.K.E. Act championed as standing up against “indoctrination.”

Judge Mark Walker of the U.S. District Court for the Northern District of Florida issued a permanent injunction, saying the law that bans diversity training in private workplaces “violates free speech rights under the First and Fourteenth Amendments to the U.S. Constitution.” The ruling follows a three-judge appeals court panel’s March decision that upheld Walker’s original injunction. The State of Florida did not oppose the motion to make the ruling permanent.

Florida honeymoon registry company Honeyfund.com and Primo Tampa, a subsidiary of a Ben & Jerry’s ice cream franchisee, were among those who filed the lawsuit after the Legislature passed the law in 2022. Shalini Goel Agarwal counsel for Protect Democracy which filed the lawsuit on their behalf said the ruling is “a powerful reminder that the First Amendment cannot be warped to serve the interests of elected officials.”

“Censoring business owners from speaking in favor of ideas that politicians don’t like is a moved ripped straight from the authoritarian playbook,” she said in a statement.

DeSantis addressed the matter at a press event Monday.

“We have every right as a state to provide protections for employees and businesses to say if they are doing woke training which is basically discriminating against folks on the basis of race, you have a right to opt out,” he said. “It’s not a question of what the company can say. They can say whatever they want. But you have a right to not self flagellate. You have a right to not sit there and listen to that nonsense.”

Sara Margulis, CEO of Honeyfund.com, hailed the appeals court decision from March.

“We moved Honeyfund to Florida in 2017 because it was known as a business-friendly state,” she said in a statement. “Passing laws that seek to squash free speech like HB7 is not only a violation of The First Amendment but is also a losing strategy because businesses serve people of all backgrounds, walks of life, and political views. Therefore the law would have effectively hampered the ability of Florida businesses to grow and serve their market. I don’t think that’s what Florida really wants. It’s clearly not in line with American values. I couldn’t be happier that we stood up for free speech and business in the state of Florida.”

The legislation — HB 7, formally called the “Stop Wrongs to Our Kids and Employees Act” — is also aimed at blocking school teachers and college professors from offering their opinions on what DeSantis described as “pernicious ideologies” that could potentially make students, because of their race, feel personally responsible for past racism, sexism, or other discrimination in the U.S. That part of the law also has an injunction and is awaiting a ruling from a higher court.

Critics have said it’s an attempt to stop meaningful discussion of the ongoing effects of longstanding systemic discrimination and topics including critical race theory and privilege. A slew of lawsuits were filed against the legislation including by professors, students and the ACLU. Courts have repeatedly blocked portions of the law.

According to the bill’s text, “[i]t shall constitute discrimination on the basis of race, color, national origin, or sex under this section to subject any student or employee to training or instruction that espouses, promotes, advances, inculcates, or compels such student or employee to believe” the following:

1. Members of one race, color, national origin, or sex are morally superior to members of another race, color, national origin, or sex.

2. A person, by virtue of his or her race, color, national origin, or sex is inherently racist, sexist, or oppressive, whether consciously or unconsciously.

3. A person’s moral character or status as either privileged or oppressed is necessarily determined by his or her race, color, national origin, or sex.

4. Members of one race, color, national origin, or sex cannot and should not attempt to treat others without respect to race, color, national origin, or sex.

5. A person, by virtue of his or her race, color, national origin, or sex bears responsibility for, or should be discriminated against or receive adverse treatment because of, actions committed in the past by other members of the same race, color, national origin, or sex.

6. A person, by virtue of his or her race, color, national origin, or sex should be discriminated against or receive adverse treatment to achieve diversity, equity, or inclusion.

7. A person, by virtue of his or her race, color, sex, or national origin, bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the person played no part, committed in the past by other members of the same race, color, national origin, or sex.

8. Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist, or were created by members of a particular race, color, national origin, or sex to oppress members of another race, color, national origin, or sex.

Matt Naham and Marisa Sarnoff contributed to this report.