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.
First Amendment
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.
Who Do You Think You Are? Here’s Why You Should See ‘The Niceties’ at CRT
“The Niceties,” which opens tonight at City Repertory Theatre, is familiar to our ideologically poisoned times, raising questions about whether there is such a thing as objective truth. It subverts assumptions about American and Black history, generational divides, and power. It will make you angry only if you’re not honest with yourself as it also subverts your own assumptions about who you think you are.
Florida Court Clears Way for Trump Lawsuit Against Pulitzer Board Over Russian Interference Articles
A Florida appeals court Wednesday cleared the way for President Donald Trump to pursue a defamation lawsuit against Pulitzer Prize board members in a dispute rooted in the organization awarding a prize to The New York Times and The Washington Post for reporting about alleged Russian interference in the 2016 election.
Your Tax Dollars Are About to Fund Religious Schools, Salafist Madrassas and Satanic Temples
Let’s examine why Saudi Arabia’s Islamists are so aroused over the U.S. Supreme Court’s 6-3 ruling by June that using public money to fund religious madrassas is perfectly fine. The court took on the case last week from Oklahoma, where an online Catholic school, St. Isidore of Seville, but really more of 7501 NW Expressway in Oklahoma City, across from Home Depot and the Mattress Firm Clearance Center, sued after it was denied a charter and tax dollars.
American Trilogy: OJ Simpson, Louis Farrakhan, Donald Trump
On Oct. 3, 1995, after a trial that had lasted as long as a presidential election campaign, a jury found O.J. Simpson not guilty of murdering Nicole Brown Simpson and Ron Goldman. Blacks cheered. Whites were horrified and angered that Blacks cheered. Blacks cheered even louder at whites being horrified. All they saw was white derangement syndrome. Sound familiar?
Should Public Money Fund Religious Charter Schools? Supreme Court Will Decide Constitutionality.
In Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond, the Oklahoma Supreme Court agreed with the state’s attorney general, Gentner Drummond, that the charter school board violated state law, the Oklahoma Constitution, and the U.S. Constitution when it allowed St. Isidore, a Catholic online school, to become a charter school.
When Democracy Dies in Broad Daylight
While Trump openly bellows whatever imperial fever dreams about Greenland, Canada, the Panama Canal and the Gulf of Mexico visit him in the dark of night, once proud institutional bulwarks rush to prostrate themselves before him in advance of any demand that they do so. Alas, the mainstream media is not immune to this siren-call of cowardice.
Judge Scraps Biden’s LGBTQ Protections and Bans Requiring Teachers to Use Students’ Chosen Pronouns
A federal district court judge struck down President Joe Biden’s effort to protect transgender students and make other changes to Title IX, ruling the U.S. Department of Education violated teachers’ rights by requiring them to use transgender students’ names and pronouns. The ruling, which applies nationwide, came as a major blow to the Biden administration in its final days and to LGBTQ+ advocates. President-elect Donald Trump took aim at transgender people in a culture war-focused campaign.
Drag Show Case Still Has Legs, Orlando Restaurant Challenging Florida Ban Argues
As an appeals court considers the constitutionality of a 2023 Florida law banning children from attending drag shows, it is pondering whether the case moot after Hamburger Mary’s, the Orlando restaurant challenging the law closed. An attorney for Hamburger Mary’s argued in a brief to the court that the business has continued to produce drag shows with other venues and plans to host shows when it reopens in Kissimmee.
Lawsuit Proceeds After District Allowed Christian, But Not Satan, Banners at Schools
A federal judge this week allowed a lawsuit to move forward against the Broward County School Board over its refusal to allow banners that said “Satan Loves the First Amendment” at two schools.
As Florida Celebrates Ignorance, SAT Scores and College Rankings Drop, Teachers Flee
A recent column in the Independent Florida Alligator laments how college professors and other educators who teach disfavored subjects or use certain words are beginning to self-censor. The headline reads, “Think While It’s Still Legal.” Gov. Ron DeSantis and his angry regime aren’t big fans of thinking. Or learning. They hate and fear knowledge.
Justifying Book Bans, Florida Says It’s Not Required to Provide Libraries to School Students. Publishers Disagree.
Major publishing companies and authors Friday argued that a federal judge should deny Florida’s request to dismiss a lawsuit over the removal of school library books, saying a controversial state law violates First Amendment rights. Attorneys disputed a state position that selection of school library books is “government speech” and, as a result, is not subject to the First Amendment.
Ex-Trump Adviser Michael Flynn Loses Defamation Suit Against Man Who Called Him ‘Putin Employee’
A state appeals court upheld a decision dismissing a defamation lawsuit that former Trump administration national-security adviser Michael Flynn filed against Rick Wilson, a political strategist and key player in the “Never Trump” movement. Wilson referred to Flynn in a 2022 tweet as “Putin employee Mike Flynn” and in 2023 retweeted “FYI, Mike Flynn is Q.”
Florida Leads an Authoritarian Assault on Higher Education
Authoritarians always love the poorly educated and the mis-educated. The well-educated, the readers, the questioners, those who demand evidence, gather facts, and trust verifiable information (as opposed to propaganda) are a threat. Aspirants to dictatorhood know the first play is destroy education. Nip that critical thinking in the bud. DeSantis is showing the way in Florida.
Federal Court Rules TikTok Ban Constitutional
The law Congress passed this year to force the Chinese parent company of social media giant TikTok to either sell the service or face a U.S. ban is constitutional, a panel of federal appeals judges ruled Friday. The order from a three-judge panel of the D.C. Circuit Court of Appeals preserves the bipartisan law President Joe Biden signed in April forcing ByteDance, the parent company of TikTok, to cease operations in the United States.
Cape Coral Is Punishing Residents Fighting for Pollution Controls
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.
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.