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.”
Rights & Liberties
House Republicans Jam Through Redistricting Bill as Democrats’ Black Caucus Protest
After abandoning the chamber for a little more than an hour, Speaker Chris Sprowls and his fellow Republicans returned and called the vote on the DeSantis map, which eliminates Black “access” seats in North and Central Florida, cutting Black Democratic representation in half.
Agriculture Commissioner Nikki Fried Sues Feds Over Gun Restrictions for Medical Pot Users
Agriculture Commissioner Nikki Fried on Wednesday filed a lawsuit challenging federal restrictions that can prevent people from buying and possessing guns if they obtain medical marijuana in Florida.
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.
Seven Years On, a Judge Signs Off on Legality of Florida’s 24-Hour Waiting Period for Abortion
After nearly seven years of legal battling, Judge Angela Dempsey issued a ruling Friday that upheld the constitutionality of a 2015 law that called for women to wait 24 hours after initial visits with physicians before having abortions.
New Laws Let Visitors See Loved Ones in Health Care Facilities, Even in an Outbreak
Florida Gov. Ron DeSantis signed a bill April 6 that will make it easier for people like White to see their loved ones in health care facilities. Before Florida, at least eight states had passed similar laws, and several others have bills under consideration.
Some Republicans Re-Normalize Racism
For much of our recent history, racist and bigoted viewpoints were confined to secret conferences, white supremacist communications, obscure far-right radio programs and the darkest, racially sordid corners of the web. No longer.
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.
Borrowing Page from Trump, DeSantis Attacks Judge Who Doesn’t Rule His Way, Drawing Rebukes
Gov. Ron DeSantis and legislative Republican leaders unloaded at U.S. District Judge Mark Walker after he struck down key portions of last year’s voter suppression law. James Gustafson Jr., president of the Tallahassee chapter of the American Board of Trial Advocates (ABOTA), wrote an opinion piece defending Walker against the attacks.
U.S. Senate Confirms Ketanji Brown Jackson, ‘America at Its Best,’ to Supreme Court
Ketanji Brown Jackson will make history by becoming the first Black woman to sit on the U.S. Supreme Court, after Democratic and Republican senators voted Thursday to confirm her to the lifetime appointment. The 53-47 vote comes just six weeks after President Joe Biden announced his nomination.
Pride Flag Flies in Flagler Beach Rally in Protest of Florida’s Latest Charge Against LGBTQ Rights
Eryn Harris, a Palm Coast student cinematographer and editor, last week organized a rally in Flagler Beach in support of civil rights and the LGBTQ+ community and produced an Op-Art photo essay about the event.
DeSantis on Defensive After New York City Mayor Launches Campaign Against Florida’s ‘Don’t Say Gay’ Law
Adams, a Democrat, invited Floridians to move to New York if they are in opposition to the recently signed legislation that critics say threatens LGBTQ people by prohibiting discussions on gender identity and sexual orientation in public school classrooms.
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.
Federal Judge Strikes Down Florida’s New Limits on Voting Access, Calling It ‘Cynical Effort to Suppress Turnout’
A federal judge has stricken key voting restrictions that the Florida Legislature passed last year as unconstitutional, concluding that they make voting more difficult for everybody but “intentionally target” minorities and “unduly” burden disabled voters.
“Don’t Say Gay” Law Draws Federal Lawsuit Three Days After DeSantis Signs It
Three days after Gov. Ron DeSantis signed the measure, LGBTQ-advocacy groups, parents, students and a teacher filed a federal lawsuit Thursday challenging a new law that includes barring instruction on sexual orientation and gender identity in early school grades.
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.
Yes, Current Rules Give Transgender Women Athletes an Unfair Advantage. But Bans Aren’t the Answer.
There is something unfair about Lia Thomas, the University of Pennsylvania star swimmer and transgender woman, winning races and breaking records, and there is something rational in calls by some of her competitors–and by some transgender athletes themselves–for a rule change that addresses both fairness and inclusion.
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.
Scorning Transgender Swim-Race Victor, DeSantis Declares 2nd Place Finisher ‘Rightful Winner’
Gov. Ron DeSantis waded further into gender politics Tuesday, issuing a proclamation that said swimmer Emma Weyant from Sarasota is the nation’s best “female” in the 500-meter freestyle after she finished second last week to Lia Thomas, a transgender athlete at the NCAA championship.
Federal Judge Orders Information on Florida’s Newest Bill Regulating Voting
A federal judge considering a constitutional challenge to a 2021 state elections law ordered attorneys Monday to quickly file briefs about the potential effects of a bill that the Legislature passed this month to make further changes in the elections system.
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.
A Fringe Legal Theory Could Reshape State Election Laws
The U.S. Supreme Court this month left open the possibility that it could endorse a fringe conservative legal theory–the “independent state legislature doctrine”–that would give state legislatures unchecked powers over election rules before the 2024 presidential election.
‘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.
Cornelius Baker’s Death Sentence Commuted to Life In Prison 15 Years After Murder of Elizabeth Uptagrafft in Bunnell Woods
It took Circuit Judge Raul Zambrano three minutes to put an end to the 15-year murder and death penalty case of Cornelius Baker, who, with Patricia Roosa, on Jan. 7, 2007, murdered Elizabeth Uptagrafft after beating her and her family and kidnapping her from her home in Daytona Beach.
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.
Illinois Could Join Vermont, Maine and DC in Allowing Imprisoned Felons to Vote
Lawmakers in Oregon considered a similar bill in February which would have restored voting rights to roughly 12,000 to 15,000 incarcerated Oregonians, but the effort failed for the second time.
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.
I’m a Christian Mom. I Love My Trans Daughter. The State Sees Me as an Abuser.
Texas Governor Abbott recently issued horrifying, unconstitutional orders directing our state’s office of Child Protective Services to investigate parents of transgender children for child abuse. The only one engaging in child abuse here is Abbott — and his equally cruel attorney general, Ken Paxton.
Bill Creating Elections Policing Squad, 1st of Its Kind in the U.S., Heads for Governor’s Signature
In part, the bill would create an Office of Election Crimes and Security in the Department of State. Also, it would require the governor, working with the commissioner of the Florida Department of Law Enforcement, to appoint special FDLE officers to investigate allegations of election violations, with at least one officer in each region of the state.
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.
Senate Moves to Cloak in Secrecy Businesses and Drugs Connected with Florida’s Executions
The Florida Senate on Monday passed a measure that would more broadly cloak information about people and businesses involved with state executions and the drugs used for lethal injection, positioning the proposal for action by Gov. Ron DeSantis.
‘Handful’ of Students Suspended Up to 3 Days Following Thursday ‘Say Gay’ Walkouts and Fight Over Trump Flag
At least one student involved in a fight over a Trump flag that was deployed during the FPC suspension is among those who were suspended. The flag appears to have been deployed as a provocation of the students demonstrating, and was accompanied by taunts against the students, who were repeatedly called “faggots.”
Ukraine and the Fallacy of ‘All Lives Matter’
Every war brings out the best and the worst in human beings. Ukrainian resistance has been heroic and inspiring as Russia carries out its war crimes. But there’s also a strong element of bias at work in the public reaction. You know, the way a blue-eyed blond child gone missing will get page one sympathy while a missing Black child will be ignored.
‘We the People’ Are In Dangerous Territory
The state of the union is precarious because some of us have lost faith in democracy and have begun to flirt with other means to achieve political goals, other means to obtain and keep power, means based more on brute force and intimidation than on persuasion and compromise.
15 Year Old Charged With Hate Crime for Brutalizing Palm Coast Boy for Being Gay, at a Shelter
A 15-year-old Orange City boy was charged with a felony battery count after allegedly assaulting and brutalizing a 16-year-old Palm Coast boy while calling him a “faggot.” The incident, captured by surveillance cameras, took place at a secure SMA Healthcare facility in Daytona Beach. The victim was so severely beaten that his right eye was partially shut and he may have suffered a broken wrist.
Trump Just Endorsed an Oath Keeper’s Plan to Seize Control of the Republican Party
The “precinct strategy” widely promoted by Steve Bannon has already inspired thousands of Trump supporters to fill local GOP positions, intent on preventing a “stolen election” despite endless evidence that there’s been no such thing.
Beyond Ballot Suppression, Florida Lawmakers Are Shackling Voters’ Rights to Change Constitution
Floridians have relied on the ballot-initiative process in recent years to legalize medical marijuana, increase the minimum wage and limit the expansion of gambling in the state. Efforts like that may soon become much harder to pull off as Republican lawmakers aim to restrict the process.
Florida Senate Approves 15-Week Ban on Abortion, No Exceptions for Rape, Incest, or Human Trafficking
Late in the evening Thursday, amid tears, personal stories, and fears about women’s freedom, the Florida Senate approved a 15-week abortion ban for Florida, allowing the legislation to go to Gov. Ron DeSantis’ desk for his consideration.
A Parent’s Counsel to FPC Principal Greg Schwartz: Accommodate LGBTQ Students, Don’t Suspend Them
Randall Bertrand, the parent of an LGBTQ student who was at the forefront of the effort to protect gender-identity rights in the district, recommends to Flagler Palm Coast High School Principal Greg Schwartz how to diffuse the situation at FPC after the principal opted to suspend student-protest organizer Jack Petocz following today’s walkout protesting anti-LGBTQ legislation.