A federal judge has awarded more than $372,000 in legal fees to attorneys who represented professors in a high-profile lawsuit against the University of Florida over being able to serve as expert witnesses in court cases.
First Amendment
When Even Ed Danko Is Right
Ed Danko is right to resist Mayor David Alfin’s proposal to have all council members sign “Code of Conduct,” including a pledge of civility. It is not an elected board’s place collectively to regulate or codify its members’ behavior, or government’s place to force pledges of any kind on anyone.
ACLU Calls Out Florida’s Suppression of Palestinian Students’ Voices
Top leaders at the American Civil Liberties Union criticized Florida in a letter Wednesday for demanding the deactivation of chapters of a pro-Palestine student organization. More than 600 college and university leaders received the letter, urging them to reject political calls to investigate and punish student groups for exercising free speech.
‘In God We Trust’ Tests Limits of Religion in Public Schools
Louisiana passed a law in August 2023 requiring public schools to post “In God We Trust” in every classroom – from elementary school to college. Even under recent Supreme Court precedents, the Louisiana law may violate the establishment clause of the First Amendment, which prohibits the government from promoting religion.
DeSantis’s Censorship University System Is Causing a Brain Drain
DeSantis is obsessed with remaking education according to his authoritarian tendencies, doing his damnedest to wreck K-12 with his army of book-banning harpies in “Moms for Liberty” and his Scared Karens legislation, and forbidding honest discussion of slavery and racism so as to never make white kids feel “discomfort, guilt, anguish, or any other form of psychological distress.”
DeSantis Appealing to U.S. Supreme Court a Ruling Blocking Ban on Drag Shows
Gov. Ron DeSantis’ administration has gone to the U.S. Supreme Court in a fight about a ruling that blocked statewide a new law aimed at preventing children from attending drag shows. The state’s attorneys want the Supreme Court to approve a partial stay of a preliminary injunction that U.S. District Judge Gregory Presnell issued to block the law.
Palm Coast Council Will Expand Public Comment Segments at Workshops, Even at Risk of Epic Meetings
The Palm Coast City Council will expand its public comment segments at workshops even if it risks lengthening often-epic sessions. Council members cited the importance of public comments–and the extent to which such comments can educate members and sway decision-making. Nick Klufas, the senior member of the council(he’s in his seventh year), cautioned that the council “could potentially get gunked up via this process.”
Palm Coast Moving To Loosen Sign Ordinance, Allowing More Free Expression–and Realtors’ Sales Pitches
A proposed rewriting of Palm Coast’s sign ordinance would not change the look of the city markedly, preserving most of the restrictions in place now. But a draft ordinance–still very much a work in progress–errs on the more permissive than restrictive side, now that local governments are largely (but not entirely) barred from regulating what signs say. That means homeowners will get to express themselves more freely, including with hate speech. Realtors will get to plant more signs.
Flagler County Tried to Evict a Tenant at the Airport. Jury Called It Retaliation and a Violation of 1st Amendment.
Flagler County Airport Director Roy Sieger sent Les Abend an eviction notice regarding the hangar Abend had leased for over four years. A two-day trial resulted in a verdict against the county, with a jury finding that the county was retaliating against Abend, a former member of the county’s airport advisory board, for his criticism of Sieger. An eviction case turned into a rare First Amendment case in County Court. Abend will get to keep the hangar.
Drag Shows Can Go On in Florida: Court Rejects Ban
It’s OK to take in a drag show in Florida — a federal appeals court has upheld a block on enforcement of Florida’s anti-drag law against any entertainment venue in the state.
Sheriff Chitwood’s Dangerous, Irresponsible Attacks on News-Journal’s Frank Fernandez
Volusia County Sheriff Mike Chitwood’s repeated, vilifying and unjustified attacks on News-Journal reporter Frank Fernandez irresponsibly and dangerously inflame his social media base at a time when reporters’ safety is nothing to take lightly–the more so when a law enforcement chief who should know better is stoking the flames. Volusia County media should respond in concert.
Where the Supreme Court Stands on Banning Books
Until the U.S. Supreme Court takes up a newer case, the lower courts will look to existing precedent, set in a legal ruling that dates back to 1982. In that ruling, the court declared that school personnel have a lot of discretion related to the content of their libraries, but this “discretion may not be exercised in a narrowly partisan or political manner.”
U.S. Supreme Court Will Hear Challenge to Florida Law Forcing Social Media to Carry Objectionable Content
The Texas and Florida legislatures passed the laws at the center of the disputes in 2021. The Florida law, known as S.B. 7072 or the Stop Social Media Censorship Act, prohibits social-media companies from banning political candidates and “journalistic enterprises.” The Supreme Court on Friday agreed to weigh in on the constitutionality of the controversial laws.
Bible Challenge in Flagler Schools Unravels Inconsistencies, Arbitrariness and Confusion in Review Process
A challenge of the Bible’s presence in some of Flagler County’s public school libraries is unraveling the inconsistencies, contradictions, flaws, and arbitrariness of Flagler County’s book-challenge process. The challenge, filed by Palm Coast resident Bob Gordon, cites 67 passages he claims are sexually explicit, sadistic, graphically violent and bigoted.
Academic Freedom Greatly Bothers the GOP
The last few years have witnessed a number of disturbing and blunt challenges to academic freedom, mostly from right-wing legislators in GOP-controlled state legislatures. For a sizable segment of the Republican party, so-called “divisive concepts” represent the belief by historians that the institutions of the United States were established to maintain racial and gender hierarchies in addition to maintaining the supremacy of White Americans.
Quran Burning and the Line Between Free Expression and Incitement of Hatred
While freedom of expression is a fundamental human right in liberal democracies, the right to express one’s opinion can become complex when expressing one’s views clashes with the religious and cultural beliefs of others and when this rhetoric veers into hate speech.
Sally Hunt Wanted to Censure School Board Chair For Going Off Script in Talk Over Segregated Assembly
Flagler County School Board Chair Cheryl Massaro said fellow Board member Sally Hunt considered calling for a vote of censure against her because Massaro did not stick to a script provided her before last week’s press conference denouncing Bunnell Elementary’s segregated assembly days earlier.
Escambia County School Board Wants to Ban Any Book It Wishes
The Escambia County School Board is urging a federal judge to toss out a lawsuit filed by authors, a publishing company, parents and a non-profit organization challenging the removal or restriction of books in school libraries. It argues that it has authority to decide what books will be allowed in schools and that a new state law helps shield it from the allegations.
Education Officials Want Lawsuit Over Gay Penguins Book Tossed Out, Claiming It’s Moot. Litigants Disagree.
“And Tango makes Three” had been banned for students up to third grade by Lake County schools, then allowed in libraries. It tells the story of two male penguins who raised a penguin chick at New York’s Central Park Zoo. In a filing last month seeking a preliminary injunction, attorneys for the plaintiffs disputed that the case is moot. They argued, in part, that the district could reverse course again and restrict access to the book in libraries.
Texas University Suspends Professor Accused of Criticizing Lt. Governor in Lecture on Opioids
The professor, Joy Alonzo, an expert on the opioids crisis, was placed on paid administrative leave and investigated, raising questions about the extent of political interference in higher education, particularly in health-related matters.
Barack Obama’s Defense of Librarians Amid ‘Profoundly Misguided’ Book Bans and Attacks
“You’re on the front lines – fighting every day to make the widest possible range of viewpoints, opinions, and ideas available to everyone,” Obama tells librarians in a letter. “Your dedication and professional expertise allow us to freely read and consider information and ideas, and decide for ourselves which ones we agree with.”
Florida’s New College Board Seeks $2 Million to Counter ‘Cancel Culture’
The New College of Florida Board of Trustees on Thursday moved forward with a plan to request $2 million in funding from the state Legislature to set up a “Freedom Institute” aimed at combating “cancel culture” in higher education. The bulk of the $2 million request would go toward hiring “scholars to work and teach” on the New College campus.
Biden Administration Barred from Interfering with Social Media Even If It’s Misinformation or Lies
A federal judge has prohibited Biden administration officials from communicating with social media platforms “for the purpose of urging, encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech.”
Florida Law Banning Kids at Drag Shows Blocked and Termed Unconstitutionally Vague
Operators of Orlando restaurant Hamburger Mary’s, which has run “family friendly” drag shows for 15 years, filed a legal challenge shortly after Gov. Ron DeSantis signed the law restricting children from attending “adult live performances.”
Florida Will Publish Annual Index of Books Banned or Challenged in Schools
The State Board of Education on Wednesday approved a new rule that will lead to Florida officials publishing an annual list of library books and instructional materials that have drawn public objections, in a move that the board’s chairman said will “provide transparency for our families.”
A Federal Lawsuit Is Filed Against Florida School District, Calling Book Bans Unconstitutional
The lawsuit is against the Escambia County School District and its local school board. Plaintiffs include PEN America, powerhouse publisher Penguin Random House, several authors, and parents of children. A remedy: Return books to school library shelves, particularly books considered “targeted,” according to the lawsuit.
FPC Removes 2 Books Under Challenge Without Review, Abruptly Cancelling 2 Committee Meetings
Flagler County’s three book-banners are getting their way the easier way: the books they’re challenging are now getting removed without committee review, even though such a process is set out in district policy. Twice in the last three weeks, Flagler Palm Coast High School abruptly cancelled scheduled challenge-review committee meetings at the last minute, “weeding” the books instead.
On Flagler’s Ban List: Elana K. Arnold’s What Girls Are Made Of, a Review and a Recommendation
“What Girls Are Made Of,” Elana K. Arnold’s deconstruction of a 16-year-old girl’s being and nothingness, is one of 22 titles three Flagler County residents want banned from high school libraries. A Flagler Palm Coast High School committee takes up the challenge on Thursday.
Bill Banning Books During Challenges and Banning Preferred Pronouns Ready for DeSantis Signature
The bill restricts the way teachers and students can use their preferred pronouns in schools, expands last year’s “don’t say gay” prohibitions to eighth grade, and makes banning books and instructional materials easier, with simpler forms and a requirement that challenged materials to be removed from schools within five days of the objection, until the challenge is resolved.
How ‘Decorum’ Masks Discrimination
Republicans from Tennessee to Tallahassee to Tacoma struggle manfully to stop those rule-breakers who would keep disrupting white men’s God-ordained exercise of unchecked power. You know the kind: gays; transgender types; students; immigrants; women; Blacks. They’re getting uppity. They’re breaking the rules.
World Press Freedom Day Events Webcast from the UN on May 2
On May 2 and 3, the international community marks the 30th anniversary of World Press Freedom Day by the United Nations General Assembly. It will serve as an occasion to take stock of the global gains for press freedom secured by UNESCO and its partners in the past decades, as well as underline the new risks faced in the digital age.
My Date With Jerry Springer
In November 1998 I was traveling the country on a year-long assignment and at that point working on a piece on American discourse. I’d chosen Illinois as a prism: the various grounds of the Lincoln Douglas debates at one end and the Chicago-based Jerry Springer Show at the other. Springer agreed to let me hang out with him half a day, interview him and attend his show, thankfully not as a guest.
‘Don’t Say Gay’ Extended to 12th Grade in New Board of Education Rule, With Vague Exceptions
Teachers shall not “intentionally provide” instruction on sexual orientation or gender identity in fourth through 12th grades. Teachers could face suspension or revocation of their educator certificates for violations of the rule.
Dominion’s Defamation Case Against Fox Is Not Easy to Prove
The statements against Dominion have already been proved false. The question now is whether the statements harmed Dominion’s reputation enough to rise to the level of defamation. But it is far easier to throw around as an accusation than it is to actually prove fault.
No Overt Prayers: Palm Coast Council Will Stick With Moment of Silence at Meetings to Avoid Theatrics
Rejecting exhortations from nearly two dozen people, there will be no overt, vocal prayer at Palm Coast City Council meetings, though room for prayer in all forms and for all creeds will continue, as it always has, for individuals who choose to pray, whether overtly before meetings or quietly during meetings or during the moment of silence.
I Served on Flagler’s School District Book Review Committee, Only to Be Silenced
One of 14 members appointed by the Flagler school administration to a district-level committee to review the challenge to Amy Reed’s “The Nowhere Girls” describes the experience of being part of a 14-0 decision to retain the book, only to be overruled by the superintendent, who banned the book.
Flagler School Board Keeps Sold on School Library Shelves in Unprecedented 3-2 Vote
The Flagler County School Board this evening voted 3-2 to keep “Sold,” the novel in verse by Patricia McCormick, on the shelves of Flagler County school’s high school libraries. The novel is written from the perspective of a 13-year-old girl trafficked to a prostitution house in India.
Challenged in Flagler Schools: Ellen Hopkins’s Tilt, a Review and a Recommendation
In “Tilt,” Ellen Hopkins gives us the powerful coming of age story of three very engaging, very different American teenagers. The novel is on the list of books three Flagler County residents are seeking to ban. A Flagler Palm Coast High School committee discusses the challenge on Thursday.
DeSantis Is Destroying Florida Universities’ Hard-Earned Respect in the Name of White Nationalism
Florida’s public universities have been gaining national prominence and respect, with U.F. and FSU ranked Nos. 5 and 19 among public universities. DeSantis’s assault on academic freedom in the name of a white-nationalist, America-first curriculum is demolishing that hard-earned respect and making an embarrassment of the state.
Starting Palm Coast Council Meetings with ‘Invocation’ Would Be Unnecessarily Divisive
At a time when communities are divided enough by party, ideology, color and sometimes geography, the Palm Coast City Council’s proposal to start its meetings with a prayer, or invocation would add yet more divisiveness, when the council should be celebrating residents’ shared humanity and basic decency.
In Riveting Discussion on Prayers at Meetings, Palm Coast Council Defers to ‘Neutral’ Caution
The Palm Coast council discussed a proposed prayer policy today in what turned into an unusually absorbing and equally civil hourlong seminar on the First Amendment, the limits of expressions of belief in government settings, and the unintended and potentially offensive consequences of an open-invocation policy.
Ignoring Constitutional Cautions, Florida Lawmakers Seek to Make It Easier to Sue News Organizations
Ignoring arguments that the bill is unconstitutional, a House panel on Tuesday approved a controversial proposal that would make it easier for people to sue news organizations for defamation. The measure seeks to limit the “actual malice” standard that for decades has protected journalists writing about powerful government officials.
Would-Be Book-Banner Appeals Nowhere Girls Decision Even Before 14-0 Vote to Keep It
A 14-member district committee voted unanimously this evening to recommend keeping Amy Reed’s “The Nowhere Girls,” a book deconstructing high school rape culture, on the shelves at Flagler Palm Coast High School and Matanzas High School. The woman challenging the book filed an appeal to the school board even before the superintendent has weighed on.
Citing ‘Reason Above Prejudice,’ Superintendent Upholds Recommendation to Keep Sold on School Shelves
Citing “principle above personal opinion and reason above prejudice,” Flagler School Superintendent Cathy Mittlestadt upheld the recommendation of a district appeals committee to keep Patricia McCormick’s “Sold,” on human trafficking, on library shelves at high and middle schools.
Challenged in Flagler Schools: Amy Reed’s The Nowhere Girls, a Review and Recommendation
Amy Reed’s “The Nowhere Girls,” a 2017 novel on high school rape culture and three girls’ attempt to counter it, is a #MeToo manifesto for young adults. It’s up for banning from Flagler schools. This review is a guide.
Drag Show Curbs Likely Violate First Amendment
Republican lawmakers in numerous states, including Florida, seek to restrict or eliminate events like drag shows and drag story hours. These efforts have been accompanied by inflammatory rhetoric not grounded in fact about the need to protect children from “grooming” and sexually explicit performances.
District Appeals Committee Votes Unanimously to Keep Sold on High School and Middle School Shelves
An 11-member district-wide appeals committee this evening voted to uphold two school-based committees’ decisions to keep “Sold,” the fictional story of a 13-year-old girl trafficked into sexual slavery, on the library shelves at high and middle schools.
Challenged in Flagler Schools: McCormick’s Sold, a Review and a Recommendation
Patricia McCormick’s “Sold,” about the experiences of a 13-year-old girl sold into sexual slavery, is among the 22 books that a trio of “moms for liberty” have sought to ban from high school library shelves. A school committee voted to keep the book. The banners appealed the decision to a district committee, which meets on March 6. The following review is presented as a guide.
Florida Legislature Is Set to Push Sweeping Changes to Legal System, Favoring Business and Government at Individuals’ Expense
Paul Renner, the Palm Coast Republican and House Speaker, is enthusiastically leading a House that has lurched further to the right than under any administration in generations as the Legislature seeks to revamp the state’s litigation system, favoring businesses at the expense of individual consumers.
Florida Bill Would Require Bloggers to ‘Register’ With State and Turn Over Financial Accounts
The bill, which has no chance of becoming law, would require bloggers who write about Gov. Ron DeSantis and other elected state officials to register with the government and provide monthly financial income reports. The National Review today called the bill’s GOP author a “moron.”