Judge John Cooper of the 2nd Judicial Circuit Court of Florida ruled today that Gov. Ron DeSantis had no legal authority under the recently-enacted Parental Bill of Rights to prohibit local school boards from adopting mask mandates that did not include opt-out provisions. The judge found DeSantis’s order “capricious” and not based in evidence, but rather based on an incomplete reading of the Bill of Rights.
Rights & Liberties
In Maskless Flagler, We’re All Covid’s Sitting Ducks
Flagler County is in the worst public health crisis it has known in its history, with at least 10 covid deaths a week as many school infections in 3 weeks as all of last year combined, yet the debate remains immobilized by a war on masks that defies science and daily grim realities.
As 8 School Districts Approve Mask Mandates, DeSantis Administration Argues in Court Against Them
As the legal battle plays out, eight school districts as of Tuesday afternoon had voted to require masks for students, with exceptions only for students whose parents submit doctors’ notes. The mask mandates in the eight counties cover an estimated 1.23 million students, based on state enrollment data from the 2020-2021 school year.
Full Appeals Court Will Hear St. Johns School District Transgender Bathroom Fight
The 11th U.S. Circuit Court of Appeals on Monday vacated a July 14 ruling by a three-judge panel that said a St. Johns County School Board policy preventing Drew Adams from using boys’ bathrooms was “arbitrary” and violated equal protection rights.
An FPC Student’s Perspective: Time to Rethink Inequitable and Irrational Dress Code in Flagler Schools
The district’s dress code is irrational, outdated, unfair and sexist. It limits individual expression, and it’s an utter waste of time, argues Jack Petocz, a junior at Flagler Palm Coast High School who calls on the school board to listen to students’ concerns and revise the code.
Covid Wars: A Ripped-Off Mask and Verbal Assault Over Rules Unravels Tensions in a School District
Incidents in a Texas school district reflect tensions over masks radiating across the country: In one instance, a parent physically grabbed the mask off of a teacher’s face. In a separate incident, a teacher was repeatedly yelled at by a parent who requested the teacher take off their mask, claiming they couldn’t hear what the teacher was saying.
School Board Members Term Janet McDonald on ‘Witch Hunt’ and ‘Dangerous’ as She Guns for Board Attorney in Wake of Tuesday Tumult
School Board member Janet McDonald called for what would have been an unlawful, closed-door meeting to review the school board attorney’s contract, then called for any special meeting to review last Tuesday’s meeting, when the chamber had to be cleared because of the crowd’s rule-breaking. Two board members–Colleen Conklin and Cheryl Massaro–responded with withering criticism of their colleague.
Social Justice Begins With Honest History
As 28 states consider or enact legislation to limit the teaching of this painful history, this is in fact a moment to dig more deeply into our nation’s past. Doing so can uncover the roots of our current challenges – from what children learn in school to how Americans are treated as they drive a car – and help us chart a better path forward.
U.S. Department of Education ‘Stands With You,’ It Tells Florida Superintendents Willing to Enact Mask Mandates
The U.S. Department of Education is “deeply concerned” about Gov. Ron DeSantis’ executive order seeking to ban school mask mandates and is ready to help districts directly, the federal agency said in a letter to the governor Friday.
Holocaust Survivors Got Reparations. Why Not Slavery’s Descendants?
It’s easier to obtain reparations when the event occurred within living historical memory. It’s also easier when there are only a few identifiable perpetrators. And it is still easier when there is a limited number of victims, and the event occurred within a short period of time.
St. Johns School District Again Fighting Ruling Allowing Transgender Students to Use Bathroom of Their Choice
The St. Johns County School Board is asking a federal appeals court to again consider a years-long battle about whether a transgender male student should have been allowed to use boys’ bathrooms.
Is It Time to Retire the ‘My Body, My Choice’ Slogan?
Whether talking about reproductive health or COVID-19, choices involving health care are not only freedoms from external control. They also rely on the ability to access necessary care. As abortion rights make their way back to the Supreme Court during an ongoing global pandemic, it is a good time to reconsider whether “my body, my choice” is the right slogan for a right to health care.
Catholics for Choice Condemns U.S. Bishops for Urging Supreme Court to Restrict Abortion Rights
Catholics for Choice, which uplifts and amplifies the voices of the majority of Catholics who believe in reproductive freedom, denounced the United States Conference of Catholic Bishops (USCCB) today for asking the Supreme Court to uphold a Mississippi law banning abortion after 15 weeks.
DeSantis Adds Florida to 11 States’ Play to Overturn Roe v. Wade’s 2-Semester Abortion Standard
The governors filed a friend-of-the-court brief in support of a 2018 Mississippi law banning abortions after 15 weeks. The filing doesn’t make these states party to Mississippi’s defense of its statute, but voices their legal support for that state’s case.
When Americans Recall their Roots, they Open Up to Immigration
Reminding Americans of where they came from – such as the statements by Biden administration officials – creates empathy for immigrants, generating more favorable attitudes toward immigration.
Crisis at the Border: Sheriff Staly’s On-the-Ground Report on a ‘Failed Immigration Policy’ Affecting All Communities
Earlier this month Flagler County Sheriff Rick Staly took part in a fact-finding trip along the Texas side of the border with Mexico with several other law enforcement officials and U.S. Rep. Kat Cammack, R-Fla. “The border crisis,” he argues, “is coming to you whether you like it or not.”
Changing Crime Reporting Practices to Do Less Harm
Acknowledging that journalism can inflict wounds unnecessarily, AP will no longer name those arrested for minor crimes when the news service is unlikely to cover the story’s subsequent developments. Often, such stories’ publication hinges on an odd or entertaining quirk, and the names are irrelevant. Yet, the ramifications can loom large and be long-lasting for the persons named.
Race, Gender, Abortion: GOP Lawmakers Across the Country Are Waging a Counterrevolutionary War
Republicans were emboldened in the 23 states where they control the governorship and both houses of the legislature. Other factors include a newly conservative U.S. Supreme Court, GOP backlash over former President Donald Trump’s reelection loss and a tidal wave of social media campaigns and commentary aimed at galvanizing conservatives by playing up divisive cultural issues.
Behind Ben & Jerry’s West Bank Decision: Israel Is Losing the Battle for Public Opinion
Ben & Jerry’s said selling ice cream in the West Bank and Gaza “is inconsistent with our values.” The move is emblematic of a larger trend: public sentiment among a group of U.S. voters – including many American Jews – who used to be stalwart supporters of Israel has shifted, and they are increasingly turning their backs on the Jewish state.
Federal Appeals Court Rejects Defamation Claim By Anti-Gay Florida Ministry Termed a Hate Group
Coral Ridge, a nonprofit organization based in Fort Lauderdale, sought to benefit from Amazon Smile’s program but was denied admission because it had been tagged by the Southern Poverty Law Center as a hate group over its positions on LGBTQ issues,
DeSantis Ducks Reporters, His Office Is Unforthcoming About his Whereabouts Again
Lack of notice to the press — intermediaries for the taxpayers the governor works for — has been a persistent problem for the DeSantis administration, though it’s not a problem specific to him. Other governors have played the same games.
Is Islamophobia Hate Speech?
The central question that human rights tribunals must answer in these cases is whether false claims, such as those made by Mark Steyn in “America Alone,” a screed against growing Muslim populations in Europe, are so extreme that they’re likely to encourage hateful views and extreme action.
The Sleaziest Generation
This fourth wave of covid is ravaging the state. It was entirely preventable but for glib, “don’t Fauci my Florida” recklessness and the militancy, disinformation and poisonous selfishness of the unvaccinated. This is on them.
As Flagler Beach Grapples with Tawdry Pro-Trump Gatherings, City’s Wink to Surveillance Cameras Raises Questions
The weekly pro-Trump demonstrations featuring profane language in the heart of Flagler Beach has city commissioners concerned about the city’s image and the administration and police eying surveillance cameras they insist will not target the demonstrators, but be used as a tool in case of criminal activity. Others see a Pandora’s box.
The Seduction of Propaganda
Propaganda is communication as force; it’s designed for warfare. Propaganda is anti-democratic because it influences while using strategies like fear appeals, disinformation, conspiracy theory and more. Political communication is persuasion used in politics. It helps to facilitate the democratic process. Guess what Americans prefer.
Bias Is Natural. How You Manage it Defines Your Ability to Be Just.
We all have biases to some degree, whether we care to admit this or not. Our biases remain innocuous until our assumptions impact our behaviors toward other people. By acknowledging our biases we can find ways to mitigate their impact on our decision making.
Former Florida Chief Justice Kogan: Why Florida Should Abolish the Death Penalty
In a compelling new interview conducted by attorney and filmmaker Ted Corless, the late Florida Supreme Court Chief Justice Gerald Kogan lists the numerous reasons why he believed Florida’s death penalty should be abolished.
A Qualified Defense of Trump Supporters’ Obscenities in Flagler Beach
Obscene pro-Trump demonstrators’ signs now flashing regularly in Flagler Beach are no different than signs using similar language at BLM marches. The fact that BLM marches have justice on their side, as Trump demonstrators do not, does not diminish the goons’ First Amendment rights.
63% of Workers who File an EEOC Discrimination Complaint Lose Their Jobs
People who experience sex discrimination, race discrimination and other forms of discrimination at work aren’t getting much protection from the laws designed to shield them from it, researchers found.
Trump Before Trump: When Nixon VP Spiro Agnew Attacked News Media
In 1969 Spiro Agnew in a speech written by Patrick Buchanan attacked the press with almost unprecedented venom, anticipating a run of anti-media presidents that culminated with Trump. Buchanan later remembered that as Nixon read his proposed draft, he heard him mutter, “This’ll tear the scab off those bastards.”
Critical Race Theory: What it Is and What, Gov. DeSantis, It Is Not
Americans are used to viewing their history through a triumphalist lens, where we overcome hardships, defeat our British oppressors and create a country where all are free with equal access to opportunities. Obviously, not all of that is true.
Florida Supreme Court Will Not Hear Constitutional Challenge to Mask Mandate
The Florida Supreme Court declined to take up a constitutional challenge to Palm Beach County’s decision last year to require people to wear masks during the Covid-19 pandemic.
Debating Weightlifter Laurel Hubbard, 1st Transgender Woman in Individual Sports at Olympics
When Laurel Hubbard was announced as the first out transgender woman athlete to compete in an individual sport at an Olympic Games, controversy wasn’t far behind. One prominent commentator even called it a “disaster for women’s sport.” The arguments are emotive and polarizing, and often ignore key facts.
Your Government Will Have a Harder Time Giving You Run-Around Over Public Records Thanks to New Law
Your government can’t drag you into court anymore if you file a request for a public document. Legislation now signed by Gov. Ron DeSantis has put an end to these “declaratory judgment” lawsuits.
Supreme Court Blunts Voting Rights in Arizona, and Potentially Nationwide, in Consequential Ruling
Arizona may keep two voting laws that Republicans say protect election integrity and Democrats believe will make it harder for some residents to cast ballots. That’s the United States Supreme Court’s decision in Brnovich v. Democratic National Committee, one of the decade’s most important voting rights cases.
Federal Judge Blocks DeSantis’ Social Media Law, Finding It “Riddled with Imprecision and Ambiguity”
The controversial law seeks to prevent large social-media platforms from banning political candidates from their sites and to require companies to publish — and apply consistently — standards about issues such as banning users or blocking their content.
Florida Adds Orwellian By-Laws to Academic Freedom
What do you do when a student endorses genocide during a class discussion? And follows it up with a two thumbs up endorsement for racism? Does curtailing disruptive behavior like this, which prevents others from learning, count as shielding students from uncomfortable “ideas and opinions”?
13-Year-Old Soccer Player Files Suit Against Florida’s Just-Enacted Ban on Transgender Girl Athletes
A 13-year-old Broward County soccer player and her parents are challenging a a new state law that bans transgender female athletes from participating on girls’ and women’s sports teams, arguing that it is unconstitutional and “ignores basic medical science” about trans students.
You May No Longer Legally Lodge Anonymous Code Enforcement Complaints, But Mandate Is Easily Evaded
The new law does not address enforcement of the identification provision, it does not set out any requirements for verification, it does not signal any penalties for people who invent names, and it imposes no requirements either on local governments in general or on code enforcement officers to do more than note whether a complainant has been identified or not.
Federal Judge Doesn’t Hide Distaste for Florida Law Forbidding Social Media from Banning Users
Arguing that the law would violate social-media companies’ First Amendment rights and harm their efforts to moderate content, the industry groups have asked U.S. District Judge Robert Hinkle to block the law from going into effect Thursday as scheduled.
Derek Chauvin Sentenced to 22 1/2 Years in Prison for Murder of George Floyd
The sentencing marks a significant milestone in the effort to get justice for Floyd, who died begging for his life under Chauvin’s knee for more than 9 minutes on Memorial Day 2020. Three other officers present also face charges in Floyd’s death, with trials scheduled for next year.
We Can Have the Filibuster Or Democracy, Not Both
Republicans are champions of the filibuster now, but it was only a few years ago that they weakened it so they could pack the Supreme Court with unpopular nominees like Brett Kavanaugh, who was credibly accused of sexual assault.
Florida Prisons Want to Ban Most ‘Routine’ Mail, Replacing It with Communal Email. Families Are Outraged.
Florida prison officials’ plan to replace prisoners’ “routine” mail with digitized versions viewed on tablet computers or communal kiosks has sparked an outcry among inmates’ families and advocates, who argue that preserving bonds with loved ones while prisoners are locked up dramatically increases later chances of success on the outside.
No Acquittal This Time for For L’Darius Smith as Jury Convicts Him of Aggravated Assault in Race-Tinged Confrontation
Two brothers, 63 and 59, had allegedly called L’Darius Smith the N word in a confrontation that began with one of the men complimenting him for his Batman jacket. He picked up a baseball bat–and a conviction for aggravated assault that may now send him to prison. Four years ago he was acquitted of charges of molesting his sisters when they were young children. He still faces a burglary charge.
Florida Universities Are Now Required to Conduct Annual Surveys Measuring ‘Intellectual Diversity’
Under the auspices of intellectual freedom, Florida’s universities, colleges and and community colleges will be required to do an annual survey to ensure diverse views on campuses, including conservative opinions. At issue is that some lawmakers believe that colleges and universities are liberal bastions where conservative voices have been suppressed on campuses.
Supreme Court Upholds Religious Liberty Over LGBTQ Rights and Nods to Bigger wins for Conservatives Ahead
Last week’s Supreme Court ruling is narrow, but it means that any unequal treatment of religious groups will be regarded as a violation of the First Amendment, even if it comes at the expense of the dignity of LGBTQ citizens.
State Workers Across the Nation Had a Holiday for Juneteenth, but Not in Florida
Even with short notice after the president signed the federal holiday into law, some states were able to manage authorizing a paid day off Friday for their state employees. Gov. Ron DeSantis could have granted state workers a paid holiday. He did not.
Reagan’s Legacy for Women
The Reagan “vision” for America, with its disproportionately negative impact on the female half, is now firmly embedded in Republican dogma. The 40th president envisioned a world where women would never be granted equality under the U.S. constitution, where abortion was illegal, and where equal employment laws would be history, argues Martha Burk.
Florida and Seven Other States, All Republican-Controlled, Enact Anti-Protest Laws
Eight states have passed laws cracking down on protest activity since Black Lives Matter protests erupted across the United States last summer, according to the International Center for Not-For-Profit Law, which tracks such legislation. Similar bills are pending in 21 states, according to the Washington, D.C.-based center.
Biden Signs Law Making Juneteenth a New Federal Holiday
“Throughout history, Juneteenth has been known by many names—Jubilee Day, Freedom Day, Liberation Day,” Vice President Kamala Harris said at the White House signing ceremony, noting that the White House was built by slaves. “And today, a national holiday.”