While making Twitter free for all “within the bounds of the law” seems like a way to ensure free speech in theory, in practice, this action would actually serve to suppress the speech of Twitter’s most vulnerable users.
First Amendment
What Are Book Bans Really About? Fear.
While those behind these campaigns hide themselves behind the mask of “parental control,” they’re really concealing fear: Fear of a country and world that’s changing around them; fear of voices that were kept silent too long who are now speaking up and demanding their seat at the table of power, and, mostly, fear of the erosion of their own privilege.
DeSantis Signs Bill Restricting Discussions of Race and Gender in Workplace as Critics Call It Unconstitutional
The culture-war bill HB 7, described as “Individual Freedom,” restricts conversations about race and gender in schools and workplaces. State Sen. Manny Diaz Jr. was a Senate co-sponsor of the bill and voted for it. (He’s now up for the Florida Education Commissioner job.)
Federal Appeals Court Strikes Down UCF’s ‘Discriminatory Harassment’ Policy as Chilling Free Speech
The 38-page opinion by a three-judge panel of the 11th Circuit Court of Appeals backed arguments by the group Speech First, which has represented students at universities in various parts of the country. Judge Kevin Newsom wrote that the UCF policy “objectively chills speech because its operation would cause a reasonable student to fear expressing potentially unpopular beliefs.”
Flagler School Board Will Clarify Student Demonstration Policy to Balance Rights and School Operations
With some of its members still smarting from the “Don’t Say Gay” student walkouts at Matanzas and Flagler Palm Coast High School last month, the Flagler County School Board agreed to clarify a policy addressing boycotts and walkouts, both to preserve the rights of students to free expression and to protect school functions from disruption.
DeSantis Opens Special Session with Retaliatory Salvo Against Disney Over ‘Don’t Say Gay’ Stance
Ratcheting up a fight with Walt Disney Co., Gov. Ron DeSantis expanded a special legislative session to consider eliminating a decades-old governing district set up for Disney World and nearby properties.
Education Department Still Mum About Rejection of Textbooks as DeSantis Invokes ‘Proprietary Information’
After a high-profile announcement Friday about rejecting math textbooks submitted for adoption by the state, Gov. Ron DeSantis and the Florida Department of Education are providing few details about how the books violated state academic standards.
Claiming ‘Indoctrination,’ Florida Education Department Rejects 41% of Math Textbooks Submitted
Friday afternoon heading into a holiday weekend, statewide education officials announced that they rejected 54 math textbooks out of 132 — that’s 41 percent — claiming that some of the materials attempt to “indoctrinate” kids with references to so-called critical race theory.
When Are Book Bans Unconstitutional? A 1st Amendment Scholar Explains
Government actions that some may deem censorship – especially as related to schools – are not always neatly classified as constitutional or unconstitutional, because “censorship” is a colloquial term, not a legal term. Some principles can illuminate whether and when book banning is unconstitutional.
More than 1,500 Books Have Been Banned in Public Schools. House Panel Asks Why.
From July 2021 to the end of March this year more than 1,500 books were banned in 86 school districts in 26 states. A report on book-banning in public schools found that of the banned books, 467 — or 41 percent — contained main or secondary characters of color; 247, or 22 percent, addressed racism; and 379, or 33 percent, of the books contained LGBTQ+ themes.
College and University Faculty Across Florida Tell Their Students: Ignore ‘Viewpoint Diversity’ Survey
In a Monday letter to its members by email, the United Faculty of Florida claims that the survey is unconstitutional; that many of the questions are “leading in nature,” and the survey itself poses a threat to higher education campuses by potentially chilling speech on campus.
Judge Again Rules Against Muezzin-Like Prayer Before High School Game, But Decision May Have Short Life
In a long-running legal battle, a federal judge has rejected arguments that the Florida High School Athletic Association improperly prevented Christian schools from offering a prayer over a stadium loudspeaker before a 2015 state championship football game. But the decision may have a short life depending on a U.S. Supreme Court’s decision by the end of June on a a somewhat similar case.
First Amendment at Center of Lawsuit Against ‘Don’t Say Gay’ Law
A pivotal lawsuit in Florida — related to classroom instruction of sexual identity and gender orientation — could have heavy implications for what the discussions will sound like when it comes to free speech and the First Amendment.
Federal Judge Refuses to Block Surveys of Ideological Leanings on College and University Campuses
Surveys aimed at gauging “intellectual freedom and viewpoint diversity” on college and university campuses are on track to go out to students and employees Monday, after a federal judge refused to block the state from distributing the questionnaires.
Fighting Anti-Trans Legislation Is Suicide Prevention
Anti-transgender legislation, demanding that the word “gay” isn’t whispered in classrooms, and punishing parents that dare to love their children wholly — none of these things is going to change who these kids are on the inside. The only thing these bigoted “solutions” do is make more kids depressed, tear families apart and kill children.
DeSantis Signs ‘Don’t Say Gay’ Bill as Federal Officials Monitor Florida for ‘Civil Rights Violations’
The legislation disallows mention of sexual orientation and gender identity. It has drawn national condemnation, and the U.S. Department of Education warned that it will be watching for potential infringement of civil rights.
Superintendent Sharply Fends Off 2 School Board Members 2nd Guessing Handling of ‘Don’t Say Gay’ Walkouts
School Board members Janet McDonald and Jill Woolbright were upset the district allowed the March 3 “don’t say gay” walkouts at the two high schools, but Superintendent Cathy Mittlestadt drew a sharp line in the sand, reminding them that how administrators and staff handle issues at schools is not in the school board members’ purview. Mittlestadt and two other board members defended the administration’s handling of the walkouts.
Flagler Schools’ Library Policy Balancing Open Access With Parental-Choice Restrictions Becomes Model Across Florida
The policy, developed by Flagler schools’ Lashakia Moore, has drawn approbative attention from the Legislature, from the governor’s office and from other school districts. Other districts are now modeling their own policies after Flagler’s as they try to pre-empt book-banning controversies and comply with new state edicts giving parents more say in restricting access–without jeopardizing the mission of open libraries, open stacks and open minds.
Sunshine Sunday: Keeping Open Government From Eclipse in Florida
Today, there are 1,138 exemptions to Florida’s open government laws, almost 200 more than 20 years ago, and growing. The public cannot simply rely on the good-natured commitment of those in government to safeguard transparency. Sunshine Week is the collective national effort to keep government doors to the public open, and its roots began in Florida.
‘Is Our Democracy At Risk?’ Answer Question in Flagler/Volusia ACLU Essay Contest; $850 in Prize Money
If you’re a high school student in Flagler or Volusia counties, here’s your chance to answer the question in an original essay of up to 2,000 words and participate in the ACLU of Florida’s annual essay contest, with cash prizes sponsored by FlaglerLive. The deadline is April 4.
DeSantis-Backed Law Restricting Protesters’ Rights Draws Skepticism from Federal Appeals Court
An attorney for Gov. Ron DeSantis drew skepticism Thursday from a federal appeals court during arguments in a challenge to a controversial law that enhanced penalties and created new crimes in protests that turn violent.
DeSantis and Florida Republicans Discover Their Inner Soviet
It’s been a grim few weeks. Democracy, human rights and free speech are under assault as they’ve not been in generations. Misinformation and fabrications are carpet-bombing reality. Thought policing is muzzling expression and rewriting history as a worship-jerk. Individual freedom is in retreat. Authoritarianism–bullying, vengeful, exultant–is triumphant.
School Book Inquisitions and School Board Term Limits Head for Governor’s Signature
School board members soon could be limited to serving 12-year terms under a bill that is headed to Gov. Ron DeSantis — but the measure also includes a controversial provision that would intensify scrutiny of school library books and instructional materials.
Scorning National Outcry, Florida Senate Passes ‘Don’t Say Gay’ Bill in 22-17 Vote
The bill provides parents the opportunity to sue if a school district withholds certain information from them about their child’s well-being or if their child is exposed to instruction on sexual orientation or gender identity deemed not “age-appropriate.” That could mean everything from the very early grades to high school.
A Storied Gay-Pride Flag Doubles Down Outside FPC as Veterans Lead Protest of Student Leader’s Suspension
Military veterans from Key West and Washington, D.C., led a protest that drew 30 people outside Flagler Palm Coast High School at dawn today in protest of the school suspending student-leader Jack Petocz last Thursday after he led an anti-“Don’t Say Gay” walkout and distributed gay-pride flags. Petocz’s suspension ended today.
‘Say Gay! Say Gay! Say Gay!’ FPC Students Chant in Walkout Protesting Bills; Organizer Jack Petocz Is Suspended
Hundreds of students at Flagler Palm Coast High School staged a 12-minute walkout this morning to protest bills nearing passage in the Legislature that would silence educators’ freedom to discuss certain topics, including gender identity, sexual orientation and certain anti-racism themes. Jack Petocz, the organizer of the protest, was suspended after the event.
Florida House Set to Take Up Bills Silencing Discussions of Race and Gender Identity
The Florida House, dominated by Republicans, is poised this coming week to pass two fiercely debated bills that would place restrictions on how issues about race, gender identity and sexual orientation are taught in public schools.
Sarah Palin’s Appeal of Libel Loss Could Set up Supreme Court Test of Decades-Old Press Freedom Rule
Before the 1964 Sullivan standard Sara Palin’s appeal could potentially overturn, the libel landscape in the U.S. consisted of a patchwork of state laws that made it easy for political figures to selectively persecute newspapers and public speakers who espoused opposing or unpopular views.
Proposed Florida Law Would Crack Down on Social Media ‘Pop Up’ Events
Authorities would be able to impound vehicles for days and double fines on noncriminal traffic infractions to crack down on large unsanctioned events put together through social media, under a measure heading to the Senate floor.
Patriotism, Dissent, ‘The Star-Spangled Banner’ and the NFL
Playing the national anthem at every game became a flashpoint in the 1960s. Today, the NFL’s promise to play the anthem at every game cuts both ways. For Super Bowl LVI, three songs performed by four Black American female vocalists will offer a musical suite of unity in the face of division.
The Jan. 6 Attack on the Capitol Was Not ‘Legitimate Political Discourse’
When Trump urged the Ellipse crowd to march to the Capitol and “fight like hell,” his words transformed an occasion of legitimate political discourse into an anti-democratic violent insurrection. The result was real physical violence.” Several people died and many were injured.
Shut Up, Floridians: Sweeping Bill Would Criminalize Protests Near Politicians’ Homes, Parks, Sidewalks
Protesters would be banned from picketing in front of the governor’s house, that of politicians or any residences. The prohibition would apply not only to private property but would extend to public parks, sidewalks and rights-of-way.
Whoopi Goldberg’s Holocaust Muddle
Whoopi Goldberg, co-host of ABC’s “The View,” set off a firestorm when she insisted on Jan. 31, 2022 that the Holocaust was “not about race.” Hands outstretched, she went on to describe the genocide as a conflict between “two white groups of people.” Her apology tour raised more questions about her views on race, antisemitism and the Holocaust.
‘Don’t Say Gay’ Bill Advances in Legislature as Speakers Are Told Not to Say Too Much
The bill allows parents to sue school districts if they are not privy to situations related to their children or if their students are encouraged to have discussions on sexual orientation and gender identity. Opponents fear the bill would bring a chilling affect to Florida classrooms regarding LGBTQ students, putting them at risk of bullying. Almost all who addressed a Senate committee today were opposed to the bill.
Florida Judge Attacks Landmark 1st Amendment Decision Protecting Press as ‘Wrongfully Decided’
Judge Brad Thomas of the 1st District Court of Appeal wrote an 11-page concurring opinion that took aim at the Supreme Court’s 1964 New York Times v. Sullivan ruling, which, in part, required that public officials prove “actual malice” to prevail in defamation lawsuits. But the concurrence’s reasoning and citations lack context.
Dear Chairman Tucker: Don’t Appease School Board’s Crackpots
School Board members Janet McDonald and Jill Woolbright are directly and exclusively responsible for the board’s degradation into binges of deceit and zealotry. Until they have their third vote, it’s in Chairman Trevor Tucker’s power to re-assert the reality-based majority he speaks for. Anything less is appeasement–or complicity.
FPC’s Jack Petocz Is Featured at Length in Page One New York Times Story on Schools’ Book Bans
Jack Petocz, the Flagler Palm Coast High School senior who organized last November’s protest against two local school board members’ attempt to ban books from school libraries, is featured today in a Page One New York Times article that examines a surge of attempted and actual book bans in school districts across the country, including in Flagler.
Are Lawmakers Seeking to Censor Discussions of Race and Gender in Classrooms and the Workplace?
With such things as critical race theory and sensitivity training targeted, much of the debate and public testimony centered around the bill’s effect on schools and whether it would curtail frank discussions about United States history and race.
Dismissing ‘Slippery Slope of Censorship,’ GOP Senators Back Stricter Scrutiny of School and Library Books
The proposal (SB 1300) would change the review process for books and other learning materials, adding requirements and making it more open to the public but also enabling regular purges of book lists to align them with standards or if the books are considered out of date.
Federal Judge Slams UF Over Muzzling Professors: ‘Stop Acting Like Your Contemporaries in Hong Kong’
In a scathing ruling Friday, Chief U.S. District Judge Mark Walker blocked the University of Florida from enforcing a controversial conflict-of-interest policy that gave school administrators discretion over allowing professors to serve as expert witnesses in litigation.
Flagler School District Library Plan: Parents May Ban Books for Their Own Kids, But Not Others
Book bans may be a thing of the past in Flagler County schools as the district today presented a library opt-out provision for prohibitive parents, while leaving access free to all books for all other students. The approach, as draconianly restrictive for those who want to exercise it and as liberal as a university library’s open-stack policy for the freer-minded could, in effect, make even book challenges moot.
Seditious Conspiracy in Jan. 6 Capitol Attack Faces 1st Amendment Hurdle
The seditious conspiracy charges announced by the Department of Justice against Stewart Rhodes raise the stakes and political temperature of the Jan. 6 investigation, and give rise to serious First Amendment concerns about the rights of others protesting government actions down the road.
Federal Judge Ridicules UF Attorney’s Attempt to Smear Professors in Conflict-of-Interest Battle
In a fiery hearing Friday, a federal judge excoriated a lawyer for the University of Florida who accused political science professors of having “misled” the court in a lawsuit challenging the school’s conflict-of-interest policy.
May a Christian Flag Fly at City Hall? Supreme Court Will Decide
On Jan. 18, 2022, the Supreme Court will hear oral arguments in Shurtleff v. Boston. The case addresses whether the city violated the First Amendment by denying a request to temporarily raise the Christian flag on a flagpole outside City Hall, where Boston has temporarily displayed many secular organizations’ flags.
He Was Filming on His Phone. Then an Officer Attacked Him and Charged Him With Resisting Arrest.
Police can arrest people for “cover charges,” like resisting arrest, to justify their use of excessive force and shield themselves from liability. In Jefferson Parish, Louisiana, 73 percent of the time someone is arrested on a “cover charge” alone, they’re Black.
Banning LGBTQ-Themed Books From Flagler Schools Is an Attempt to Erase Students Like Me. We Will Not Stand For It.
Linking the vile and threatening language his student-led demonstration drew outside a school board meeting in November to the superintendent’s decision to ban an LGBTQ-themed book for now, Jack Petocz, a student at Flagler Palm Coast High School, calls on the superintendent to reconsider the decision and consider its consequences.
Superintendent’s Decision: ‘All Boys Aren’t Blue’ Banned for Now, Other Books Return to Library Shelves
Following the challenges of four titles by Flagler School Board member Jill Woolbright and a review by a book-challenge committee, the superintendent decided to return three of the four titles to their shelves but withhold a fourth pending new protocols that could still provide access.
UF Board Chairman Mori Hosseini Blasts Professors Testifying Against New Election Law
During a meeting Friday, UF Board of Trustees chairman Mori Hosseini led the charge in sharply criticizing the professors and rallying around university President Kent Fuchs, though Hosseini appeared to misunderstand the scope of professors’ academic freedom.
Committee Reviewing Books 2 Board Members Want Banned Completes Its Work as District Sounds Out Librarians
The findings of a committee judging the appropriateness of four books for school libraries are expected imminently, as new book challenges have been filed and the Flagler district’s eight librarians were interviewed by district staff about their practices.
American Library Association Condemns Broad Censorship of Books on Race and LGBTQ in Schools and Libraries
Some individuals and officials say the voices of the marginalized have no place on library shelves. Including in Flagler, they have launched campaigns demanding the censorship of books and resources that mirror the lives of those who are gay, queer, or transgender, or that tell the stories of persons who are Black, Indigenous or persons of color.