The University of Florida rescinded a retired professor’s emeritus status Friday, the university announced, over a Facebook post the evening of Charlie Kirk’s death that garnered social media backlash. The university posted to social media Friday that “a retired faculty member who issued a post on social media that is raising concerns” had lost emeritus status. In a followup, the university did not confirm to the Phoenix who the professor was. The Gainesville Sun reported that it had confirmed the professor in question is retired UF law professor Jeffrey Harrison.
First Amendment
Donald Trump’s New McCarthyism
A modern-day political inquisition is unfolding in “digital town squares” across the United States. The slain far-right activist Charlie Kirk has become a focal point for a coordinated campaign of silencing critics that chillingly echoes one of the darkest chapters in American history. This is far-right “cancel culture”, the likes of which the US hasn’t seen since the McCarthy era in the 1950s.
Condemning the Kirk Assassination, and Condemning What Kirk Stood For
It is possible to condemn the assassination of Charlie Kirk and still condemn the ideas he stood for, to decry the flags at half-mast for so-called values hardly distinguishable from those of Proud Boys. A glean of the successful agenda Kirk pushed shows to what extent nationalist Christian extremism has been re-normalized, with Kirk playing an essential role in that latest of Great Awakenings. It was not a healing voice.
Tech Industry Groups Want Appeals Court to Uphold Ruling that Blocked Florida’s Restrictive Social Media Law
Pointing to what they called “draconian restrictions,” tech industry groups are urging a federal appeals court to uphold a decision that blocked a Florida law aimed at preventing children from having access to certain social-media platforms. Attorneys for the groups NetChoice and the Computer & Communications Industry Association filed a 78-page brief Friday at the 11th U.S. Circuit Court of Appeals, contending the 2024 law violates First Amendment rights.
In Florida, We Want Guns in Our Streets, Not Rainbows
No doubt Gov. Ron DeSantis expects Floridians to be grateful for saving us from yet another woke attack on decency, probity, and speeding motorists. Meaning colorful crosswalks. Just as he has fought to expel books by Black and gay authors from our schools, the governor has ordered FDOT to paint over the flowers, the sunbursts, the fish, the musical notes, and the rainbows — especially the rainbows. At least a dozen schools in Tampa will see their “Crosswalks to Classrooms” school crossings destroyed, including one painted to look like a shelf of books. Florida’s government is particularly scared of books.
Florida Appeals Judge’s Order Invalidating Part of Book-Ban Law
Florida has appealed a federal judge’s ruling that said a key part of a 2023 law that led to books being removed from school library shelves is “overbroad and unconstitutional.”
Florida Cabinet Supports Revoking Free Speech Rights and Visas of Migrants Over Charlie Kirk Expressions
Chief Financial Officer Blaise Ingoglia and Attorney General James Uthmeier argue admission into the United States is a “privilege” that shouldn’t be extended to immigrants who praise Kirk’s murder, Ingoglia and an Uthmeier aide told The Florida Phoenix. This comes one day after the State Department warned immigrants against mocking or praising 31-year-old Kirk’s death.
Shock, Sadness, Anxiety: Flagler County Leaders Grapple with Charlie Kirk Assassination, and Worry About What’s Next
Flagler County leaders from across a broad spectrum were reacting with shock, sadness, anxiety and concern to the assassination Wednesday of Charlie Kirk, the right-wing activist, charismatic speaker and incendiary provocateur, who was shot while doing what he did best: engage with university students while manifesting the nation’s oldest tradition of free expression.
Florida Universities Get Poor Marks for Students’ Free Speech
Florida’s average score in the College Free Speech Rankings was 63.1 out of 100, dropping 1.1 from the year before. However, Florida’s average rank out of 257 was 74, rising 25 spots since the year before. Not all institutions in Florida were rated; FIRE queried students at six public institutions and one private, the University of Miami. Florida State University scored highest in the state at 17th nationally of 257 schools. UM was the least favorable at 229th.
Ft. Lauderdale Joins Miami in Challenging Transportation Department’s Erasing of Street Art and Memorials
Days after the city of Miami Beach filed a similar case, Fort Lauderdale has challenged the legality of directives by the Florida Department of Transportation to remove art and markings on streets. Fort Lauderdale filed its challenge Monday at the state Division of Administrative Hearings, arguing that the department did not go through a legally required rule-making process. Such directives went to local governments across the state and have drawn heavy attention, in part, because they required removing LGBTQ-themed rainbow crosswalks.
Court Backs Florida DCF Ban on Religious Ideologies in Domestic Abuser Intervention Programs
A federal appeals court Thursday backed the Florida Department of Children and Families in a First Amendment dispute about a state regulation barring “faith-based ideology” in a program that people convicted of domestic violence are required to attend.
Every Week Is Banned Book Week in Florida
Every day seems to bring another hissy fit from a state goon or “concerned” parent hell-bent on returning us to the glory days of censorship. We live in a state where librarians are called child abusers for offering books such as “The Diary of Anne Frank,” “What Girls Are Made Of,” “The Bluest Eye,” “I Know Why the Caged Bird Sings,” “Slaughterhouse Five,” and “The Handmaid’s Tale”–written by a Booker Prize winner, a National Book Award winner, winner of a Presidential Medal of Freedom, and a Nobel Prize laureate.
Florida Supreme Court Won’t Halt Pulitzer-Trump Case
The Florida Supreme Court on Tuesday declined to take up an attempt by Pulitzer Prize board members to halt a defamation lawsuit that President Donald Trump filed after the board refused to rescind a 2018 award to The New York Times and The Washington Post.
Israel’s Murderous Targeting of Journalists in Gaza
The Israeli government has denied international journalists access to Gaza. Its murders of Palestinian media workers fit a pattern of trying to eliminate witnesses to its heinous human rights violations. Nearly 270 journalists and media workers, the vast majority of them Palestinians, have been killed by Israel since October 7, 2023. They are not “collateral damage” — they’re being hunted.
Federal Judge Rules Unconstitutional Part of Florida Law That Led to Book Purges from School Libraries
Siding with publishers and authors, a federal judge Wednesday ruled that a key part of a 2023 Florida law that has led to books being removed from school library shelves is “overbroad and unconstitutional.” U.S. District Judge Carlos Mendoza issued a 50-page decision in a First Amendment lawsuit filed last year against members of the State Board of Education and the school boards in Orange and Volusia counties.
Flagler Beach City Attorney Recommends New Ordinance Limiting Trespassing Authority in Public Spaces
Flagler Beach’s city attorney is recommending that the city adopt an ordinance clarifying when, where and why police may trespass an individual from public property, on the very rare occasions when they may, how much restraint police must exercise when interfering with a person’s speech (a lot), and what due process must be afforded the individual targeted.
Trespassing Persons on Public Property and Best Practices Dealing with Protestors: Flagler Beach City Attorney’s Memo
The full text of the memo written by Flagler Beach City Attorney Drew Smith and attorney Abby Osborne-Liborioon on Aug.6, in response to Flagler Beach Police Chief Matt Doughney’s request for clarity on the city’s authority to trespass individuals from public spaces.
Trump’s Defamation Suit Against Pulitzer Board Lands in Florida Supreme Court
Attorneys for the Pulitzer Prize Board are before the Florida Supreme Court trying for a delay of a defamation lawsuit Donald Trump filed after it recognized reporting about alleged collusion between his 2026 campaign and Russia. They want to shelve the dispute at least until Trump leaves office, pointing to a potential conflict should a state court seek to exercise authority over the nation’s top executive. The case is in Florida because Trump and one of the board members live here.
Palm Coast Council Again Reverts on Allowing All Exterior House Colors, to Now Keep 5 on Ban List
The Palm Coast City Council on Tuesday agreed to rescind its two-week-old decision to end all restrictions on houses’ exterior paint colors. It will instead allow almost all colors while preserving a ban on five: neon, fuchsia, magenta, orange and purple. The proposed change would still result in the least restrictive color rules since ITT founded Palm Coast in the late 1960s as a deed-restricted community. The upshot for now is that the famously, handsomely dark blue house in the F Section that’s been at the center of the controversy for months can keep its royal color.
Self-Censorship Is Silencing Americans in Public
For decades, Americans’ trust in one another has been on the decline, according to the most recent General Social Survey. A major factor in that downshift has been the concurrent rise in the polarization between the two major political parties. Supporters of Republicans and Democrats are far more likely than in the past to view the opposite side with distrust.
In Historic Shift, Palm Coast Council Votes Unanimously to End All Color Restrictions on Exterior House Paint
Palm Coast’s decades-old discrimination against colored houses may be over. In a remarkable vote on Tuesday, the Palm Coast City Council unanimously agreed to repeal almost all restrictions on exterior house colors in place since before Palm Coast was a city. The requirement of only two base colors and some accent-color allowances will remain. The repeal is nowhere near final. It requires a rewrite of the ordinance, a hearing before the planning board, and two more hearings before the council. The vote was a victory for Mayor Mike Norris, who pushed hardest for the repeal.
Pulitzer Prize Board Appeals to Supreme Court to Halt Trump Defamation Lawsuit
Pulitzer Prize board members have gone to the Florida Supreme Court as they seek to halt a defamation lawsuit that President Donald Trump filed after the board refused to rescind a 2018 award to The New York Times and The Washington Post.
DeSantis Joins Other Southern States to Develop Anti-‘Woke’ University Accreditation System
Gov. Ron DeSantis announced, alongside State University System Chancellor Ray Rodrigues and university leaders from Texas and South Carolina, that the states are developing a Commission for Public Higher Education that will combat “woke” ideologies such as diversity, equity, and inclusion, and remake state higher education institutions to be more conservative.
Court Strikes Down Law Requiring Posting of 10 Commandments in Classrooms
The 5th U.S. Court of Appeals, often described as one of the most conservative courts in the nation, found the law unconstitutional because it violates the establishment clause of the First Amendment, which bars the government from endorsing a religion or creating laws that favor one religion over another.
Four ‘No Kings’ Protests of Trump’s Authoritarian Swerve Draw Upward of 1,000 in Palm Coast and Flagler Beach
Demonstrators by the hundreds in Palm Coast and Flagler Beach this morning peacefully but loudly, festively and–for Flagler County–massively transformed major intersections, a bridge overpass and a 1,000-ft. stretch of State Road 100 in Palm Coast into the largest anti-Trump protests to date. The size of the protests surprised even organizers and frequent participants, two of whom, after attending every protest this year on State Road 100, said today’s was more than double any previous one.
Officials Threaten Floridians with Jail as They Prepare for Anti-Trump Rallies
Floridians in more than 70 cities throughout the state plan to join nationwide demonstrations to protest the Trump administration on Saturday, prompting Attorney General James Uthmeier and other law enforcement officials to say they won’t hesitate to quash protests. The protests, part of the “No Kings” movement, are set to take place the same day as the multimillion-dollar military parade in D.C. and President Donald Trump’s 79th birthday. Two protests are planned in Palm Coast at 11 a.m. Saturday.
Florida School Appeals to U.S. Supreme Court to Allow Christian Prayer Over Stadium Loudspeakers
Arguing the case “presents issues of utmost importance for religious liberty in this country,” a Tampa Christian school wants the U.S. Supreme Court to take up a years-long battle about whether the school should have been barred from offering a prayer over a stadium loudspeaker before a high-school football championship game.
DCF Threatens Reporter Investigating Hope Florida Scandal with Cease and Desist
The Department of Children and Families (DCF) has sent a cease and desist letter to an Orlando Sentinel reporter who has been digging into the Hope Florida scandal. Jeffrey Schweers, the Sentinel’s Tallahassee bureau reporter, has broken some scoops regarding the embattled charity backed by Gov. Ron DeSantis and First Lady Casey DeSantis.
Young Americans’ Support for Free Speech Has Cratered
For much of the 20th century, young Americans were seen as free speech’s fiercest defenders. But now, young Americans are growing more skeptical of free speech. In 2021, 71% of young Americans said people should be allowed to insult the U.S. flag, which is a key indicator of support for free speech, no matter how distasteful. By 2024, that number had fallen to just 43% – a 28-point drop. Support for pro‑LGBTQ+ speech declined by 20 percentage points, and tolerance for speech that offends religious beliefs fell by 14 points.
Florida Law Restricting Ballot Initiatives Survives Court Challenge
A federal judge Wednesday refused to block parts of a new Florida law that placed additional restrictions on the state’s ballot-initiative process, turning down arguments by groups seeking to take issues to voters in 2026. As an example of the controversial parts of the law, it would shorten from 30 to 10 days the length of time to submit signed petitions to supervisors of elections. The judge agreed that the law makes it harder to get proposed amendments on the ballot, but disagreed tha it has severely burdened voters’ speech.
The Supreme Court Hands a Temporary Defeat to Religious Charter Schools
Critics of funding religious charter schools warned a faith-based charter would be an unconstitutional breach of the “establishment clause,” which forbids the government from establishing an official religion or promoting particular faiths over others. In an anticlimatic outcome, the Supreme Court issued a brief order in a 4-4 outcome that leaves a lower court judgment in place that prevented St. Isidore’s from opening – but did not explain why.
Maga’s Fearful War on Universities
Ron DeSantis has been trying for years to regulate speech in colleges and universities, impose restrictions on what teachers can teach in schools, and decree which books the state of Florida finds “acceptable.” DeSantis, nothing if not energetic in his rage, is now determined to shield our precious college students from Dangerous Thoughts. He’s the model for someone else in charge.
Consequences of Repealing Section 230, the ‘Law That Built the Internet’
Section 230 of the Communications Decency Act, passed in 1996 as part of the Telecommunications Act, has become a political lightning rod in recent years. The law shields online platforms from liability for user-generated content while allowing moderation in good faith. Lawmakers including Sens. Lindsey Graham, R-S.C., and Dick Durbin, D-Ill., now seek to sunset Section 230 by 2027 in order to spur a renegotiation of its provisions.
Children May Attend Drag Shows, Court Rules, Striking Down Florida Law
Describing the law as “substantially overbroad,” a federal appeals court Tuesday upheld a preliminary injunction blocking a 2023 Florida law aimed at preventing children from attending drag shows. The 2-1 majority opinion said that “by providing only vague guidance as to which performances it prohibits, the act (the law) wields a shotgun when the First Amendment allows a scalpel at most.” The decision by the 11th U.S. Circuit Court of Appeals backed the Central Florida venue Hamburger Mary’s in a First Amendment challenge to the law.
If Approved, Religious Charter Schools Will Shift Yet More Money from Traditional Public Schools
The U.S. Supreme Court heard oral arguments on April 30, 2025, in what could be the most consequential case for public education since the court started requiring schools to desegregate in the years following Brown v. Board of Education. If the court allows churches to operate religious charter schools, the public education system, as Americans know it, will take on an entirely new face and set of financial challenges.
Religious Charter Schools’ Fate May Hinge on Justice Roberts
The Supreme Court on Wednesday was divided over a Catholic virtual charter school’s bid to become the country’s first religious charter school. With Justice Amy Coney Barrett recused from the case, the outcome appeared to hinge on the vote of Chief Justice John Roberts, who asked probing questions of both sides but did not make his position clear.
Randy Fine’s Bill Banning Pride Flags at Public Buildings Fails, as Does Preferred-Pronoun Ban
LGBTQ advocates are celebrating several bills — including one that could have banned Pride flags flown at government buildings — stalling out this Session. Some of the dead bills including HB 75/SB 100 that would have banned government buildings, schools and universities, from flying flags that represented a “political viewpoint.” The proposal was sponsored by outgoing state Sen. Randy Fine before he left for Washington, D.C.
Florida Lawmakers Raise New Barriers to Citizens’ Ballot Initiatives
With Democrats calling the changes an “assault on the very spirit of Florida’s democracy,” the Republican-controlled Legislature on Friday finalized a plan that will impose additional hurdles on the ballot-initiative process and heighten penalties for wrongdoing. Gov. Ron DeSantis pushed lawmakers to crack down on the process after highly contentious and expensive battles over proposals last year that sought to place abortion rights in the state Constitution and allow recreational marijuana for adults.
Flagler County Library Director Braces for Possible Cuts After Trump Order to End Library Support Agency
Assistant Flagler County Administrator Holly Albanese is preparing the county’s public library system, its Board of Trustees and local officials for possible local consequences of an executive order that seeks to end the federal Institute of Museum and Library Services, a mainstay of library and museum funding across the country. Cuts may be as little as $20,000, which the library system can easily absorb, or could be much larger if grants already awarded are called back.
Our Silent Genocide of Transgender People
The United States in general and Florida in particular are enacting laws that literally erase the existence of an entire class of human beings. Trump signed an order declaring that transgender people don’t exist. Florida is about to adopt a law that would let government employees dehumanize their transgender colleagues by refusing to refer to them by their preferred pronouns. It is a new kind of genocide: bloodless, to be sure, but no less obliterating.
Federal Judge Dismisses Lawsuit Against Florida Law Restricting Minors on Social Media
Senior U.S. District Judge Mark Walker in Tallahassee dismissed a challenge against the state’s law barring Floridians younger than 14 from using social media apps with addictive features filed by industry organizations NetChoice and Computer & Communications Industry Association representing companies including Google, Facebook, Instagram, Snapchat, and YouTube.
Lawless Persecution of Mahmoud Khalil Is a Threat to Free Speech Everywhere
Without a warrant or charges, plainclothes Department of Homeland Security agents forced their way into Columbia University’s student housing and detained Palestinian student Mahmoud Khalil, who had demonstrated against the Israeli genocide in Gaza. They then shipped him to an immigration jail in Louisiana, impeding his access to attorneys and visits from family. Khalil is a lawful U.S. permanent resident who hasn’t been charged with any crime. Khalil’s fate — and the larger battle over the First Amendment — concerns all of us.
Anti-DEI Rules Are Gutting Educators’ Free Speech Rights
The Trump administration’s attacks on diversity, equity and inclusion have continued in the form of a “Dear Colleague” letter from the Department of Education to educational institutions – from preschools through colleges and universities.. The directive the letter infringes on free speech, misunderstands the law and undermines education.
The Sun Is Setting on Government Transparency in Florida
Florida, the “Sunshine State,” once known as a beacon of government transparency, is growing ever darker, and the clouds are spreading throughout the United States. Legislators have passed more than 1,100 exemptions to the Florida Sunshine Law, and growing.
Florida Law Banning Kids off Some Social Media Prevails as Judge Refuses to Block It
A federal judge has rejected a request to block a 2024 Florida law aimed at keeping children off some social-media platforms, ruling that industry groups did not show they had legal standing to challenge the measure.
University of Chicago’s Tony Banout, Freedom of Expression Expert, Speaks at Stetson March 26
As academic freedom and freedom of expression become flashpoints on college campuses nationwide, Stetson University will host a national expert March 26 to speak about the importance of free inquiry and expression. Tony Banout, Executive Director of the University of Chicago’s Forum for Free Inquiry and Expression, will give a talk entitled “Why is Wrongheaded, Immoral, and Offensive Speech Protected on Campus and Constitutionally?”
Flagler Beach Officers Under Investigation as Wrongful Charge of Man Outside Funky Pelican Is Quickly Dropped and City Bristles
Flagler Beach Police Chief Matt Doughney has requested an internal affairs investigation of the two officers who arrested a man on a trespassing charge simply for holding a sign outside the Funky Pelican restaurant at the pier, and City Manager Dale Martin has ordered that all city employees receive training in respecting citizen’s rights. The arrest caught public attention and provoked outrage. The State Attorney’s office on Thursday dropped the felony charge of armed trespassing against Gray. The city expects a lawsuit.
Man Holding ‘God Bless Homeless Vets’ Sign on Public Sidewalk Outside Funky Pelican Arrested on Armed Trespassing Charge
Jeffrey Marcus Gray, a 55-year-old resident of Forest Court in St. Augustine, was arrested on a felony charge of armed trespassing Sunday morning after he refused to leave the immediate vicinity of the Funky Pelican, the restaurant at the Flagler Beach pier. The pier is public property, as is the sidewalk in front of the restaurant. The restaurant itself leases its space from city government in Flagler Beach. But individuals may be trespassed from public sidewalks or parks or other public property, if not without raising potential legal issues.
Federal Judge Clears Way for Publishers’ Lawsuit Against Florida and Volusia Boards of Education Over Banned Books
With major publishing companies and authors arguing a 2023 state law violates First Amendment rights, a federal judge Friday refused to dismiss a lawsuit against members of the State Board of Education over the removal of school library books. U.S. District Judge Carlos Mendoza, appointed by President Obama, rejected a state motion to dismiss the case, which also names as defendants members of the Orange County and Volusia County school boards.
No, You May Not Discipline a Teacher for Personal Facebook Posts, Court Rules
A Florida appeals court Friday sided with a now-retired Duval County math teacher who argued his speech rights were violated when he was disciplined for personal Facebook posts. A three-judge panel of the 5th District Court of Appeal overturned a decision by the Duval County School Board to suspend Thomas Caggiano without pay for three days and to issue a reprimand.