Cape Coral’s elected officials seem to think the great American tradition of speaking your mind should be forbidden: three residents challenging the city’s permit to remove a waterway lock face $2 million in legal bills merely for fighting the city.
First Amendment
Trump To Senate Republicans: Kill Bill Protecting Press Freedom
President-elect Donald Trump ordered congressional Republicans to block a broadly popular bill to protect press freedoms, likely ending any chance of the U.S. Senate clearing the legislation. The measure would limit federal law enforcement surveillance of journalists and the government’s ability to force disclosure of journalists’ sources, codifying regulations the Department of Justice has put in place under President Joe Biden.
Texas Board of Education Approves Curriculum Heavy on Christianity
A majority of the Texas State Board of Education gave final approval Friday to a state-authored curriculum under intense scrutiny in recent months for its heavy inclusion of biblical teachings. Critics, which included religious studies scholars, say the curriculum’s lessons allude to Christianity more than any other religion, which they say could lead to the bullying and isolation of non-Christian students, undermine church-state separation and grant the state far-reaching control over how children learn about religion.
Federal Judge Bans 10 Commandments from Classrooms
Do the Ten Commandments have a valid place in U.S. classrooms? Louisiana’s Legislature and governor insist the answer is “yes.” But on Nov. 12, 2024, a federal judge said “no.” Litigation over the Ten Commandments is not new. More than 40 years ago, in Stone v. Graham, the Supreme Court rejected a Kentucky statute that mandated displays of the Ten Commandments in classrooms.
Internet Groups File Constitutional Challenge to Renner-Led Social Media Law Restricting Access
In a long-anticipated move, two internet-industry groups Monday filed a constitutional challenge to a new Florida law aimed at keeping children off social-media platforms. The Computer & Communications Industry Association and NetChoice, whose members include tech giants such as Google and Meta Platforms, said in a federal lawsuit that the law violates First Amendment rights and that parents should make decisions about children’s social-media use.
Speech Codes at Flagler School Board and Palm Coast Council Are Now Illegal, Thanks to Moms for Liberty
A decision by the federal 11th Circuit Court of Appeals, controlling law in Flagler County, invalidates local governments’ speech codes that prohibit public speakers from addressing individual members of elected boards, or citing employees by name, or quoting from school library books, no matter how racy, or speaking offensively, which is considered a point of view. But rules against disruption and obscenity remain. The question is: will local governments correct their rules accordingly?
Civil Rights Groups Drop Challenge of DeSantis ‘Anti-Riot’ Law
The lawsuit civil rights groups filed against Gov. Ron DeSantis over the 2021 law imposing harsher penalties for protesters inciting violence is officially over.
Judge Prohibits DeSantis Administration From Threatening to Prosecute TV Stations Over Abortion-Rights Ads
With Floridians already voting by mail in the runup to the Nov. 5 election, fierce legal wrangling continues to escalate over a ballot measure that would enshrine abortion rights in the state Constitution. A federal judge on Thursday sided with supporters of the proposal, which will appear as Amendment 4 on the ballot, who filed a lawsuit alleging the state violated the First Amendment by threatening television stations over an ad supporting the measure.
Federal Appeals Court Backs Florida Law Cracking Down on Protesters, Overturning Injunction
After seeking help from the Florida Supreme Court on the meaning of the word “riot,” a federal appeals court Monday overturned an injunction against a 2021 state law aimed at cracking down on violent demonstrations. A three-judge panel of the 11th U.S. Circuit Court of Appeals said the law is not unconstitutionally vague and overbroad and would not affect peaceful protesters. Civil-rights groups contended the measure could lead to peaceful protesters facing criminal charges when demonstrations turn violent.
A Florida Editor Told Clay Jones His Political Cartoons Were Too Political. He Responds.
Celebrated and fearless cartoonist Clay Jones, whose work has been appearing at FlaglerLive for a year, received a complaint from a Florida editor (not us) that his political cartoons were too political. His response: I refuse to change how I cartoon to the point that my work is frivolous and meaningless. Other cartoonists are doing that. Let them have it.” Clay Jones will not play nice. For good reason.
In Victory for Freedom to Read, Florida School District Wil Return 36 Books to Shelves in Lawsuit Settlement
Authors of the children’s book “And Tango Makes Three” and parents of students have reached a settlement with the Nassau County school district that will lead to 36 books returning to school libraries after being removed last year, according to court documents filed this week. The settlement came in a federal lawsuit filed in May amid widespread controversy about removing books from school libraries in Florida and other states.
Florida College Students Return to Campuses Bristling with Restrictions on Protests
Florida’s college and university students are starting the academic year greeted by friends and professors — and by warnings from administrators and Attorney General Ashley Moody about how to express their views on campus. The directives follow nationwide protests over Hamas’ Oct. 7 attack on Israel and Israel’s subsequent assault on Gaza. While the scale of protests has varied nationwide, some led to arrests, including at the University of Florida, Florida State University, the University of South Florida, and the University of North Florida.
Federal Appeals Court Upholds Decision Blocking Christian School’s Pre-Game Prayer Over Loudspeakers
A federal appeals court Tuesday said the Florida High School Athletic Association did not violate First Amendment rights when it blocked a Tampa Christian school from offering a prayer over a stadium loudspeaker before a 2015 high-school football championship game. A three-judge panel of the 11th U.S. Circuit Court of Appeals upheld a 2022 ruling by U.S. District Judge Charlene Edwards Honeywell in the lawsuit filed by Cambridge Christian School.
Ocala Appeals Ruling That Public Prayer Vigil Organized by Police Chief and Others Was Unconstitutional
Attorneys for Ocala last week filed a notice that is a first step in asking the 11th U.S. Circuit Court of Appeals to overturn a June 26 decision by U.S. District Judge Timothy Corrigan that the city violated the Establishment Clause of the Constitution by organizing and carrying out the prayer vigil.
Religious Leaders Warn Schools of Liability Dangers of Voluntary Chaplain Program
School districts have shown little interest in welcoming volunteer chaplains to serve in their facilities, an initiative recently permitted by the Legislature that, according to the ACLU, could create legal liability for schools and risk creating an environment of “religious coercion and indoctrination of students.” For school boards and districts that may move to implement the program, religious and civil rights leaders have recommended approaches they believe would best protect children.
After Lawmaker Complains of Alleged Anti-Israel Bias, Florida Universities Are Ordered to Scan Materials
Florida university presidents have been instructed to scan their syllabi for material deemed antisemitic or exhibiting anti-Israeli bias following concerns raised by Rep. Randy Fine. Once a course has been reviewed and all instances of antisemitism and anti-Israel bias have been flagged, universities must report their findings to the chancellor’s office.
County Pulls Back from Heavy-Handed Attempt at Regulating ‘Behavior’ or ‘Objects’ at Polling and Public Grounds
The Flagler County Commission’s latest grapple with the messiness of democracy led it Monday to postpone until after the election any plans to regulate campaign zones or other forms of speech on public property, as it had sought to do last month, not without some controversy.
Florida Issues Potentially Intrusive Social Media Age-Verification Rules to Ban Children from Platforms
The law, which will take effect Jan. 1, seeks to prevent children under age 16 from opening social-media accounts on at least some platforms — though it would allow parents to give consent for 14- and 15-year-olds to have accounts. Children under 14 could not open accounts. It also requires age verification to try to prevent minors under age 18 from having access to online pornographic sites.
Escambia School Board Wants 7 Year Old Deposed in Book Fight
As it tries to fend off a constitutional challenge to removing and restricting school library books, the Escambia County School Board on Tuesday argued that it should be able to take a deposition of a 7-year-old student who is part of the lawsuit. Attorneys for the board, in a 20-page court document, urged U.S. District Judge T. Kent Wetherell to reject a request for a protective order that would shield the child, identified by the initials J.N., from having to testify in a deposition.
Libraries Are Cornerstones of Our Communities. They Need Our Help.
In the ongoing culture war, conservative politicians have been taking drastic measures to stop the distribution of “age-inappropriate books,” which primarily target children’s books by and about LGBTQ+ individuals and people of color. These measures ignore the crucial role that libraries serve in their communities in combating the effects of economic inequality by providing essential resources to those in need.
2 Parents Suing Over Book Bans in St. Johns Schools Tell Flagler Freedom to Read Activists: ‘Be Loud and Proud’
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.
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.