Nancy Tray and Anne Watts, parents suing in federal court over book bans in St. Johns County, were guests today of the weekly meeting in Palm Coast of the Atlantic Chapter of Americans United for the Separation of Church and State, a non-profit Chaired by Rabbi Merrill Shapiro. The group took stock of the state of book bans in the two counties and the state, how to counter them, and what to expect next.
First Amendment
Plaintiffs Ask Judge to Order Return of Banned Books to School Library Shelves as Lawsuit Continues
Lawyers for the plaintiffs said Escambia officials had restricted 1,031 books under the county’s review process. As of June 27, “some 178 challenged books remain restricted, although no decision has been made about the validity of the challenge,” according to the motion. The motion said that, while restrictions should be lifted on all books, the request for an injunction was limited to seven books.
Law Still Blurry as Supreme Court Punts on Florida’s Social Media Law
The U.S. Supreme Court on Monday vacated appeals court decisions involving Florida and Texas laws designed to restrict the power of social media companies to curb content that those platforms consider objectionable, sending Florida’s case back to the U.S. Court of Appeals for the Eleventh Circuit and the Texas case to the Fifth Circuit.
Ocala Prayer Vigil Organized by Police and City Officials to End Violent Crime Ruled Unconstitutional
Nearly a decade after the event was held amid a crime spree, a federal judge Wednesday ruled that the city of Ocala violated the U.S. Constitution in organizing and carrying out a prayer vigil. U.S. District Judge Timothy Corrigan issued a 50-page decision that sided with atheists, who argued the prayer vigil in a town square violated the Establishment Clause of the Constitution.
Florida Supreme Court Finds No Threat to ‘Peaceful’ Protest in DeSantis Restrictions on Protesters
Rejecting arguments that the law is ambiguous, the Florida Supreme Court said Thursday that peaceful protesters are not threatened by a measure that Gov. Ron DeSantis and the Legislature passed in 2021 to crack down on violent demonstrations.
Social Media and Gun Laws Await Supreme Court Rulings, with Big Implications for Florida
The social-media ruling likely will decide whether Florida can carry out a 2021 state law that placed restrictions on platforms such as Facebook and X. The gun ruling in a Texas case could help determine the fate of a 2018 Florida law that barred people under age 21 from buying rifles and shotguns.
Florida Argues in Court It Is Free to Censor or Control State-School Professors’ Academic Freedom in Classrooms
The state of Florida is free to forbid college professors from criticizing the governor in the classroom, an attorney argued on behalf of the state during an appellate court hearing over the Stop Woke Act — adding that those professors are free to seek work elsewhere if they don’t like a legislature-controlled curriculum. Academic freedom and when the government can insert itself into the classroom were focal points for a U.S. Circuit Court of Appeals for the Eleventh Circuit panel.
Stetson’s Roellke Joins 70 College and University Presidents in Diversity, Free Expression and Free Inquiry Consortium
Recognizing this urgent moment for American higher education and democracy, Stetson University President Christopher F. Roellke is joining 70 other college presidents of diverse institutions from across the country to advance higher education’s pivotal role in preparing students to be engaged citizens and to uphold free expression on campus.
State Laws Like Florida’s Are Threatening Academic Freedom
Over the past few years, Republican state lawmakers have introduced more than 150 bills in 35 states that seek to curb academic freedom on campus. Twenty-one of these bills have been signed into law, several of them in Florida. Taken together, this legislative onslaught has undermined academic freedom and institutional autonomy in five distinct and overlapping ways.
Parents Sue Florida Board of Education Over Policy Denying Them Right to Challenge Book Bans
Three parents of children attending Florida public schools filed a lawsuit in federal court against the Florida Board of Education on Thursday, claiming that a 2023 education law discriminates against parents who oppose book bans and censorship.
Lured by State’s $3,000 ‘Civics’ Bonus, Thousands of Florida Teachers Train in Christian Nationalist Tenets
Training materials produced by the Florida Department of Education direct middle and high school teachers to indoctrinate students in the tenets of Christian nationalism, a right-wing effort to merge Christian and American identities. Thousands of Florida teachers, lured by cash stipends, have attended trainings featuring these materials.
Federal Appeals Court Will Decide Whether Florida Ban on Strippers Younger Than 21 Is Constitutional
A panel of the 11th U.S. Circuit Court of Appeals is scheduled to hear arguments June 6 in Jacksonville about whether a city ordinance barring dancers under 21 in adult establishments violates First Amendment rights.
How Dare These College Kids Protest for Humanity Toward Palestinians Instead of Getting Wasted?
Standing around on college lawns, protesting against genocide, calling for a ceasefire in Gaza and an end to arms shipments — what are they thinking? These students should be shopping, getting wasted at end-of-semester parties, and engaging in meaningless sex. Instead, they’re going around acting like citizens, engaging in civil disobedience, exercising their right to free speech, telling university administrations to get rid of all investments in Israel, and demanding humanitarian aid for Palestinians.
Jacksonville Rep. Angie Nixon Stands With Pro-Palestine Protesters at UNF
For months, Jacksonville Democratic Rep. Angie Nixon has advocated for a cease-fire in the Israel-Hamas war. She has been labeled an antisemite for doing so, too. But last Tuesday she made an appearance at the pro-Palestine protest at the University of North Florida.
Reporters Without Borders Condemns Wave of Arrests and Violence Against Journalists Covering Campus Protests
Four journalists have been arrested by police and four others attacked in the course of covering university campus protests in the past week. Reporters Without Borders (RSF) condemns this wave of arrests, criminal charges, and violence against journalists and urges law enforcement agencies and school administrators to protect and respect the rights of all journalists, including student media.
DeSantis Signs Bill Censoring Teacher Training Programs, Saying It Will Prohibit Their ‘Indoctrination’
Gov. Ron DeSantis on Thursday signed bills that include seeking to prevent “indoctrination” in teacher-training programs and beginning to allow credit unions to hold state money. The teacher-training bill (HB 1291) was one of the most-controversial education issues of this year’s legislative session, which ended March 8. It seeks to prevent “identity politics” from being included in teacher-preparation programs at colleges and universities.
Arrests and Threats of Expulsions of Students Protesting Gaza War Increase at Florida University Campuses
Arrests of protesters on Florida university campuses increased this week, after tensions ratcheted up at the University of Florida and the University of South Florida during demonstrations about the war between Israel and Hamas. The arrests Monday of a dozen people at the two Florida universities came as pro-Palestinian campus protests draw attention across the country. The ACLU of Florida denounced the threats of expulsions, calling protest a fundamental right.
1st Amendment Lawsuit Over Florida School District’s Ban of Children’s Book Cleared to Proceed
A federal judge has ruled that two authors and a student can pursue First Amendment claims against the Escambia County School Board over the removal of the children’s book “And Tango Makes Three” from library shelves. But U.S. District Judge Allen Winsor, in a 27-page decision Thursday, dismissed allegations against state education officials and leaders of the Lake County school district.
Signing Bill Inviting Chaplains Into Public Schools as Counselors, DeSantis Scoffs at Challenges and Church State Wall
The state won’t allow satanists to take advantage of a new law allowing religious chaplains to serve as counselors in public schools for students whose parents approve, Gov. Ron DeSantis said Thursday while signing the legislation. The governor also predicted the state would prevail if the new law draws a legal challenge over separation of church and state concerns.
DeSantis Signs Education Bill Controlling Book Challenges and Broadening Charter School Takeovers
After more than 1,200 objections were filed to school-library books and other materials last school year, Gov. Ron DeSantis on Tuesday signed a bill that will limit challenges by some people. The wide-ranging bill (HB 1285) also includes making changes designed to ease the process of charter schools taking over operations at traditional public schools that lag in performance.
Yes, Efforts to Eliminate DEI Programs Are Rooted in Racism
In the past year, a number of states have begun to dismantle their DEI programs. Alabama, Utah, Texas and Florida have all passed and signed into law anti-DEI legislation ranging from prohibiting diversity training to terminating all positions associated with DEI efforts. Florida lawmakers have restricted the teaching of what they call racially “divisive” subject matter in public schools, colleges and universities. Legislatures in more than two dozen additional states are considering similar measures.
They/Them vs. Him/Her: A Federal Judge Will Decide Legality of Florida’s Ban on Pronoun Freedom
A federal judge on Friday heard arguments in a court battle over a law restricting educators’ use of personal pronouns and titles in schools, in one of a series of challenges to Florida policies targeting LGBTQ people. The challenge alleges the law violates the teachers’ First Amendment rights and runs afoul of a federal civil-rights law.
DeSantis Signs Bill Restricting Children’s Social Media Accounts and Inviting Yet Another Lawsuit
With the state preparing for a legal challenge from the tech industry, Gov. Ron DeSantis on Monday signed a high-profile bill aimed at keeping children off social-media platforms. Paul Renner and other key supporters argue that social-media companies have created addictive platforms that harm children’s mental health and can lead to sexual predators communicating with minors. But critics, including tech-industry groups, argue the bill is unconstitutional and point to courts blocking similar legislation in other states.
As Supreme Court Takes on Florida Law Forcing Social Media’s Hand, Maybe It’s Time to Reinterpret the First Amendment
Florida is in the middle of an epic legal battle over concepts of free speech, press freedom and unimpeded commerce. It’s a clash between internet publishers, who want the government to leave them alone, and Republican leaders who insist that social media platforms are too powerful to be run by giant, faceless corporations that can — and do — impose their tastes on all of us.
After DeSantis Veto, Lawmakers Pass Watered-Down Social Media Ban Awash in Loopholes
The bill, in part, would prevent children under age 16 from opening social-media accounts — though it would allow parents to give consent for 14- and 15-year-olds to have accounts. Children under 14 could not open accounts, but the revamped plan does not include age-verification requirements, making the ban moot but for the state’s vague threat of lawsuits.
Renner and DeSantis Trying to Ward Off Veto Over Social Media Ban for Children Under-16
With a Friday deadline looming, House Speaker Paul Renner said Wednesday that he and Gov. Ron DeSantis are trying to work out differences on a bill aimed at keeping children under age 16 off social-media platforms. Renner is keeping silent on alternatives.
Bill Banning Children Younger Than 16 From Social Media Passes and Heads for a Skeptical DeSantis
Florida lawmakers Thursday gave final approval to a bill that seeks to keep children under age 16 off social-media platforms, as Gov. Ron DeSantis continued to raise concerns about the measure. The House voted 108-7 to pass the bill (HB 1), which has been a priority of House Speaker Paul Renner, R-Palm Coast. That came after the Senate voted 23-14 earlier in the day to approve the measure.
Moms for Liberty’s Book of Morons
The moms of Moms for “Liberty” are feeling a little touchy, put-upon, even diminished. Their do-boy DeSantis crashed out of the presidential race. They’re losing school board elections. They’re making idiots of themselves in the national media, as when Moms co-founder Tiffany Justice simultaneously defends taking books off school library shelves while denying that Moms want books taken off school library shelves, unless they’re by Black writers or gay writers, or ones dealing with the Holocaust, racism, or any sex.
Senate Backs Paul Renner Initiative Banning Children Younger Than 16 From Social Media, With Caveats
The House overwhelmingly passed the initial version last month, and the newly revised version does not change the basic components. It would prevent children under 16 from creating accounts on at least some social-media platforms; require platforms to terminate existing accounts that they know or have “reason to believe” are held by minors younger than 16; and allow parents to request that minors’ accounts be terminated.
Florida’s Sunshine Law Is Dying
The battle, mostly lost, is not those individual exemptions to the Sunshine Law. It’s the totality of what’s been lost over the years: a presumption of openness has been replaced by the reverse, thanks to an unspoken but very effective bureaucracy of secrecy by process. The secrecy isn’t explicit. Most of your average government gatekeepers would never think of themselves as suppressing information. But the rules they have in place, allowing them to delay, obfuscate, censor and charge a ton of money before they comply, amount to the same thing: secrecy as standard operating procedure.
Federal Judge Rules Against Palestinian Students on Florida Campuses, Saying They’ve Not Been Silenced
Students for Justice in Palestine at the University of Florida and Students for Justice in Palestine at the University of South Florida filed lawsuits in November alleging that efforts by Gov. Ron DeSantis and state university leaders to disband the groups violated their First Amendment rights.
Disney Is Appealing Decision Dismissing Its Free-Speech Lawsuit Against DeSantis
Disney filed a notice of appeal on Thursday, one day after U.S. District Judge Allen Winsor ruled against the company’s lawsuit seeking to overturn the governor’s replacement of the old Reedy Creek Improvement District with another governing entity that DeSantis personally controls.
The New York Times v. ChatGPT
On Dec. 27, 2023, The New York Times filed a lawsuit against OpenAI alleging that the company committed willful copyright infringement through its generative AI tool ChatGPT. The Times claimed both that ChatGPT was unlawfully trained on vast amounts of text from its articles and that ChatGPT’s output contained language directly taken from its articles.
Bill Would Impose $100 Fee on Non-Parents Who Want Books Banned, But Only If They Lose the Challenge
An earlier version of the bill (HB 7025) proposed a $100 “processing” fee for people who file more than five book objections in a calendar year if the people do not have students enrolled in the schools where the books are challenged. But under the change approved Tuesday by the House Education & Employment Committee, the fees would only be assessed if book challenges are unsuccessful. The House panel unanimously approved the revised bill.
How AI Threatens Free Speech
A serious danger which gets surprisingly little media attention is the impact new artificial intelligence technologies are likely to have on freedom of expression. And, in particular, how they’re able to undermine some of the most foundational legal tenets that protect free speech.
In Free Florida, the Dictionary Is Dangerous to Your Children
A few people who call themselves parents but are really frustrated bullies who want everyone else to lead the miserable lives they do, at least when they’re not engaging in threesomes, have successfully made black holes of Florida’s school and classroom libraries and further marginalized slews of children whose one solace might have been that one book.
Don’t Wave Gay: Long In Force in Flagler Schools, Bill Would Ban Pride and ‘Ideological’ Flags from Public Buildings
The Florida House today began moving forward with a proposal that would restrict the types of flags that can be displayed at government buildings and schools, including preventing the display of LGBTQ pride flags. That ban has long been enforced in Flagler schools, based on an interpretation of local policy.
Elise Stefanik’s Immoral Compass, and Ours
When Rep. Elise Stefanik grilled then-Harvard President Claudine Gay about her “moral clarity” about genocide and bullying on campus, Israel was in its eighth week of the most genocidal assault on Palestinians in the history of Arab-Jewish wars predating even the creation of Israel in 1948. None of it was relevant to Stefanik, because when Israel is the subject matter, there are no two sides to the story. There are no interpretations. There is no discussion. None permissible, anyway. There is only dogma. Anything else is heresy.
As Escambia County Bans 1,600 Titles, Including Dictionaries, a Lawsuit Is Cleared for Trial
A federal judge cleared the way for a First Amendment challenge to decisions by the Escambia County School Board to remove or restrict access to school library books. An updated list of Escambia’s now-1,600 banned titles includes five dictionaries, The Guinness Book of World Records, a Thurgood Marshall biography, Sherlock Holmes and many more.
Lawmakers File Bills to Prohibit Youths Under 16 From Having Social Media Accounts, and End Existing Ones
The bills would require social-media platforms to bar minors under 16 from creating social-media accounts and use “reasonable age verification” methods to check the ages of people when accounts are created. The bills also would require social-media platforms to terminate existing accounts that are “reasonably known” by the platforms to be held by minors younger than 16 and would allow parents to request that minors’ accounts be terminated.
An Interview with Acclaimed Civil Rights Attorney and Equal Justice Initiative Founder Bryan Stevenson
Bryan Stevenson is the founder of the Equal Justice Initiative, a legal clinic in Montgomery, Ala., that’s made strides on prisoners’ behalf, and the National Memorial for Peace and Justice, a six-acre remembrance space highlighting the racial terrorism campaign that saw the lynching of over 6,500 victims, including women and children. In a wide-ranging interview, he reflects on the state of race in America and how honest accounts of history can help overcome resistance to progress.
School Board and Other Elected Officials Could Soon Be Barred from Censoring People on Social Media
At stake is what constitutes state action – or action taken in an official governmental capacity – on social media. Under the First Amendment, officials engaging in state action cannot restrict individuals’ freedom of speech and expression. The ruling could establish whether social media accounts of public officials should be treated as personal or governmental.
Taking On Artificial Intelligence, Florida Legislature Will Contend Unpredictable Scenarios in Coming Session
As access to artificial intelligence, or AI, continues to spread, state lawmakers are poised to consider ways to set up guardrails around a technology that one senator said has “outpaced government regulation.” Measures filed by Senate and House Republicans target issues such as potential defamation of people using AI in media, use of the technology in political advertising and the creation of a state council that would look at potential legislative reforms.
Anti-LGBTQ Activist Wants Flagler Library System to Stop Paying $173 Membership to American Library Association
The Flagler County library system is hoping to fend off an attempt by a South Florida activist opposed to LGBTQ equality to sever library staff memberships in the American Library Association and its affiliates, though currently that entire cost amounts to $173. It is the latest flare-up of an ongoing push by the far right in schools and libraries to restrict or ban LGBTQ-related materials, themes or associations, particularly in connection with children’s access or programs, though in this case the connection–if there is one–is tenuous.
Federal Judge Will Hear Arguments in Escambia Schools’ Book-Banning Case in January
The case is playing out amid wide-ranging debates in Florida and other states about school officials removing or restricting access to books. The plaintiffs in the Escambia County case contend that the school board’s decisions violated First Amendment and constitutional equal-protection rights. Attorneys for the school board argue the judge should dismiss the case because the board has authority to decide which books to purchase and keep on school shelves.
The Minefield of College Free Speech Codes
Private colleges and universities have speech codes that allow them to punish certain speech. But in their testimony before Congress about antisemitism on their campuses, college presidents tripped, triggered a furor over their prevarications. and one of them resigned after failing to respond clearly to a simple question.
Hearing Set in Ban of Palestinian Group at USF
A federal judge has scheduled a hearing Jan. 26 in a lawsuit filed by the group Students for Justice in Palestine at the University of Florida after state university system Chancellor Ray Rodrigues issued an order targeting such organizations.
Justice in Palestine Student Group at USF Sues DeSantis Over His Order to Ban It
The University of South Florida chapter of the group National Students for Justice in Palestine has filed a lawsuit against Gov. Ron DeSantis and state higher-education officials over an order that called for disbanding the organization on campuses.
U.S. Supreme Court Rejects DeSantis Attempt to Enforce Drag Show Law Halted in Lower Courts
A divided U.S. Supreme Court on Thursday rejected a request from Gov. Ron DeSantis’ administration that would have allowed enforcement of a new state law aimed at preventing children from attending drag shows. U.S. District Judge Gregory Presnell this summer issued a statewide preliminary injunction against the law, finding that it violated First Amendment rights.
Realtors Want Their Signs in Rights of Way. Palm Coast Warns that Hate and Other Signs Would Follow.
Palm Coast Council member Ed Danko is leading the charge on behalf of Realtors and other businesses to open up city rights of way to their advertising signs on weekends. Fellow Council member Theresa Pontieri is warning that doing so would open up rights of ways to every sign imaginable, including hate signs, while overwhelming the city’s Code Enforcement Department. The council is split on an issue it will have to decide soon.