Some justices questioned how far the court can go to prevent initiatives from being placed on the ballot as they heard arguments about whether a proposal to ensure abortion rights in the state should be placed on th November ballot. “People in Florida aren’t stupid. I mean, they can figure this out,” Chief Justice Carlos Muniz said.
Rights & Liberties
DeSantis Lends Support to Proposal Banning Local Governments from Giving Refuge to Homeless on Public Property
Saying that while no city in Florida is contending with the issues of homelessness that are prevalent in places like San Francisco, Los Angeles and New York City, Florida Gov. Ron DeSantis on Monday came out in support of a proposal moving through the Florida Legislature that would ban local governments from allowing people to sleep on public property without a permit.
Florida’s Open Season on Civil Liberties
Florida lawmakers don’t care about the insurance crisis; they don’t care about runaway rents; they don’t care about hungry children or sick women or the climate crisis or pollution or the teacher shortage or anything that you and I and anyone else with two brain cells to rub together would identify as pressing problems here in the increasingly dysfunctional State of Florida. What they care about is ending your liberties. Here’s a list.
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 It’s the totality of what’s been lost over the years: a presumption of openness has been replaced by the reverse, thanks to an unspoken but very effective bureaucracy of secrecy by process.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.
Law Restricting Chinese People From Owning Property in Florida Doesn’t Pass Smell Test, Court Rules
A federal appeals court said a Florida law restricting people from China from owning property in the state likely is trumped by federal law and blocked its enforcement against two plaintiffs who have been in the midst of real-estate transactions.
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.
Judge Dismisses Disney Lawsuit That Claimed DeSantis Had Retaliated Against the Company
In a win for Gov. Ron DeSantis, a federal judge Wednesday dismissed a lawsuit alleging that the state unconstitutionally retaliated against Walt Disney Parks and Resorts because of the company’s opposition to a controversial education law.
Flagler Pride Installs Its New Board as It Looks To Be a ‘Beacon of Support and Empowerment’
Flagler Pride, the non-profit Eryn Harris established four years ago as the county’s first LGBTQ+ advocacy organization, and the organizational muscle behind the annual Pride Fest, installed its new, four-member board at Coquina Coast Brewing on Jan. 12. It’s led by President Tyler Jones, with Skyler Loder as vice president, Margaret “Maggie” Potter as secretary and Calvin Vincent Neugent as treasurer. The organization’s founding board members–Harris, Erica Rivera and Garrett Marinconz–have taken on advisory roles.
Threatening Charges, Florida Forbids Trans’ Preferred Gender Identity on Driver’s Licenses
Transgender people can no longer obtain a driver’s license that reflects their gender identity under a new policy that treats “misrepresenting one’s gender, understood as sex, on a driver license” as fraud punishable by civil and criminal penalties plus cancellation, suspension, or revocation of the license.
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.
Defense Files Motion to Dismiss Manslaughter Charge Against Migrant in Arrest Followed by Deputy’s Heart Attack
Two weeks after all but accusing the St. Johns County Sheriff’s Office of fabricating parts of the account surrounding the arrest of 18-year-old Virgilio Aguilar Mendez, the migrant’s defense attorney has filed a motion to dismiss the manslaughter count against him, calling it “legally insufficient” and arguing that there’s no connection between Mendez and what led to the death of Sheriff’s deputy Michael Kunovich of a heart attack after the arrest.
This Hyper Talk of a Border ‘Invasion’ Is an Old American Playbook
With persecution, poverty, and climate change driving large numbers of migrants to the southern border, some in politics and the media are again pushing the panic button and purposely but inaccurately using words like “invasion” to describe problems at the border.
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.
Defense Calls Out Sharp Inaccuracies in Arrest Account of Migrant Facing Manslaughter Charge in Death of Deputy
The defense lawyer for Virgilio Aguilar Mendez, the 18-year-old migrant held for over eight months on an aggravated manslaughter of an officer charge in the death of a St. Johns County deputy, is calling his arrest “legally insufficient,” describing his arrest report as a series of misrepresentations and misapplications of the law, and citing the medical examiner’s report to conclude that the death of the deputy was unrelated to the arrest.
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.
Stop the LGBTQ Cheap Shots
There are some feel-good bills and cheap shots that require no courage to vote for and bring the political bonus of being difficult for an opponent to argue against this summer, when most legislators will be back home running for re-election. And no topic makes for easier demagoguery than sex, specifically any activity that makes strait-laced Republicans a little squeamish.
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.
70 Years After Brown vs. Board of Education, Deep Segregation Persists
In June 2023, the Supreme Court ended most race-conscious college admissions efforts. The decision followed the Covid pandemic, which exacerbated racial inequalities in the U.S.. Politicians and school boards have banned or removed books by authors of color from school libraries and restricted teaching about racism in U.S. history. These setbacks amid the current political climate make finally realizing the full promise of Brown more urgent.
The Check MLK Wanted Cashed for the ‘Riches of Freedom and the Security of Justice’ Is Still Bouncing
The African American community is experiencing record low unemployment, record highs in income and educational attainment, and has seen a massive decline in income poverty since the 1960s. Despite all that, the check for racial economic equality is still bouncing. Without intervention, it will take centuries for Black wealth to catch up with white wealth in this country.
Welcome to the Old South, The Myth that Refuses to Die
In Florida, we prefer not to discuss ‘slavery’ unless we are enlightening the ignorant about how it was Not That Bad. You have only to read Miss Margaret Mitchell’s brilliant and perfectly accurate novel to see the Truth of this.
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.
Bill That Would Allow Kids 16 and 17 to Work Over 30 Hours a Week During School Year Advances
The proposal by Tampa Bay area Republican Rep. Linda Chaney (HB 49) would allow 16 and 17-year olds to work more than 30 hours a week during the school year and allow for fewer mandatory work breaks. The proposal was approved on a party-line vote in a House committee and is one committee stop away from making it to the House floor for final approval.
The Brendan Depa I Have Come To Know
Brendan Depa, the former Matanzas High School special education student who pleaded guilty to the beating of Joan Naydich, his paraprofessional, last February, will be sentenced on Jan. 31. Gene Lopes is a retired special education teacher who has spent the last several months tutoring Depa at the Flagler County jail. Here’s his experience.
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.
GOP Measure Would Forbid Government Agencies from Using Individuals’ Preferred Pronouns
Mirroring a House bill filed in November, a Senate Republican on Thursday proposed a measure that would place restrictions on government agencies in the use of personal pronouns.
For Supreme Court, a ‘Monumental’ Decision on Donald Trump’s Ballot Eligibility
Momentous questions for the U.S. Supreme Court and momentous consequences for the country are likely now that the court has announced it will decide whether former president and current presidential candidate Donald Trump is eligible to appear on the Colorado ballot.
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.
With 3,500 Petitions from Flagler Voters, Abortion-Right Ballot Measure Meets Signature Requirements
Some 910,946 valid signatures have been tallied for a constitutional amendment proposal that would protect the right to an abortion in Florida until the viability of a fetus. That topped a requirement of submitting 891,523 signatures to qualify for the ballot. Flagler County alone submitted 4,800 petitions, 3,543 of them valid.
Lawsuit Blames DeSantis for Wresting Control from FDLE to Keep Travel Records Secret
A legal battle has intensified about public records related to travel by Gov. Ron DeSantis, as The Washington Post accused the governor’s office of taking “control” of Florida Department of Law Enforcement compliance with the state’s Sunshine Law. A lawsuit about the records has roiled the FDLE, resulting in whistleblower complaints and the ouster of two high-ranking officials.
Judge Rules Migrant Held Responsible for Death of Deputy After Arrest Is Incompetent to Stand Trial
Circuit Judge R. Lee Smith ruled that Vergilio Aguilar Mendez, the 18-year-old migrant held responsible for the death of a St. Johns County deputy of a cardiac episode several minutes after Mendez was arrested, is incompetent to proceed to trial and is to receive “competency restoration” while held at the Volusia County Branch Jail. The order suspends further criminal proceedings, but may be abrogated over the next 60 days should the treatment restore competency to the court’s satisfaction.
A Colorado Justice’s Dissent on Insurrectionists Signals Trouble or Democracy
Chief Justice Brian Boatright’s opinion in the Colorado Supreme Court case excluding Donald Trump from the ballot encapsulates a misunderstanding of — or refusal to accept — Section 3 of the 14th Amendment even among some of the nation’s highest ranking jurists, and it reflects the unfolding failure of U.S. institutions to sustain constitutional order in the face of an existential threat.
Migrants Ace Their Citizenship Tests Routinely. Could You?
At least 9 out of 10 applicants for legal immigration routinely pass a rigorous citizenship test, but an alarmingly high percentage of native-born Americans experience difficulty listing the three branches of government (“Lather, rinse, repeat?”) or remembering the name of their state legislator.
From Abortion to Disney, Guns, Pot, Trans and Social Media Law: 10 Florida Court Cases to Watch in 2024
High-profile Florida cases in state and federal courts in 2024 include a challenge to the 15-week abortion ban, Disney’s claim that the DeSantis administration illegally retaliated against it, a challenge to the state’s age-restriction on buying long guns, whether the wording of a constitutional amendment legalizing recreational pot can head for the ballot, and several more.
‘That Was My Home’: The Homeless Are Being Purged Out of Their Encampments
More than 653,000 Americans are experiencing homelessness in 2023, a 12% increase from last year. Among the people experiencing homelessness, 64% are unsheltered. As tent encampments continue to dot urban landscapes — strewn around parks, along sidewalks, lining highways or sometimes abutting schools — many cities have increased their sweeps, some governors have announced funding to clear encampments, and several states have outlawed the tent communities altogether.
Judge Mulls Trial Competency of Migrant Facing Manslaughter Charge in Sudden Death of Deputy After Arrest
Declaring it a “complex situation,” Circuit Court Judge R. Lee Smith at the end of a three-hour hearing today said he needed time to think before issuing a decision on whether Vergilio Aguilar Mendez, the 18-year-old migrant controversially charged with manslaughter in the death of a St. Johns County deputy Michael Kunovich last May, is competent to stand trial. Kunovich died several minutes after Mendez was arrested for resisting arrest after a stop-and-frisk encounter in St. Augustine.
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.
A Constitutional Scholar Explains Colorado Court’s Trump Ballot Ban
Taken as a whole, the structure of Section 3 of the 14th Amendment leads to the conclusion that Donald Trump is one of those past or present government officials who by violating his oath of allegiance to the constitutional rules has forfeited his right to present and future office.
Ban on Felons Owning Guns Survives as Florida Supreme Court Rejects Challenge
Florida Supreme Court Justices on Monday issued an order rejecting an appeal by William Edenfield, who was charged with possession of a firearm by a convicted felon after a 2020 shooting incident in Leon County. Edenfield went to the Supreme Court in August after the 1st District Court of Appeal rejected his Second Amendment arguments.
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.
Florida Court Rules Child Is Mature Enough to Be a Mother, But Not to Have an Abortion
A state appeals court Friday upheld a Calhoun County circuit judge’s ruling that blocked a minor from having an abortion without notification and consent of a parent or guardian. The decision’s implicit reasoning is that the child is nevertheless mature enough to carry the baby to term.
The Immoral Gamble of ‘Shopping’ for Health Insurance
Between high premiums, deductibles, co-pays, co-insurance, other out-of-pocket costs, and the enduring myth that Americans still get to choose their own doctor, health insurance has become a maze of forced costs and limited options based on impossible choices you shouldn’t have to make. Obamacare has failed. Private insurance is often an overpriced, over-subsidized racket. Medicare alone remains the only viable solution with universal application.
Proposal to Rollback Florida’s Child Labor Laws, Masked as Opportunities for Teens, Clears Its 1st Hurdle
A proposal that would eliminate restrictions on the number of hours that 16- and 17-year-olds could work received its first hearing in the Florida Legislature on Wednesday, where it passed on a party-line vote in the GOP-controlled committee. The measure limits restrictions that now prohibit 16- and 17-year-olds from working more than six consecutive days in any one week or working 4 hours continuously without a break.
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.
How DeSantis and GOP Are Undermining Abortion-Right Ballot Initiatives Before the Vote
As abortion-rights initiative pick up victories in referendums, Republicans across the nation, exemplified by Florida’s Ron DeSantis, want to change the terms of the debate by injecting it with misinformation or overriding the referendum process.
Abortion Rights Supporters Reach 77% of Needed Signatures for Constitutional Amendment Ballot Measure
Supporters of a proposed constitutional amendment that would ensure abortion rights in Florida continue moving closer to submitting enough petition signatures to get on the 2024 ballot. The Florida Division of Elections website Friday showed 687,700 valid petition signatures for the measure, which is sponsored by the political committee Floridians Protecting Freedom.