In a 6-3 decision written by Justice Neil Gorsuch, the Supreme Court rejected the claim that criminalizing sleeping in public by those with nowhere to go violates the Constitution’s prohibition on cruel and unusual punishment. The decision, disappointing but not surprising, will not lead to any reduction in homelessness, and will certainly result in more litigation.
Rights & Liberties
Law Still Blurry as Supreme Court Punts on Florida’s Social Media Law
The U.S. Supreme Court on Monday vacated appeals court decisions involving Florida and Texas laws designed to restrict the power of social media companies to curb content that those platforms consider objectionable, sending Florida’s case back to the U.S. Court of Appeals for the Eleventh Circuit and the Texas case to the Fifth Circuit.
DeSantis to Farmworkers’ Need for Housing: Drop Dead
Pointing to concerns that it could provide housing for illegal foreign workers, Gov. Ron DeSantis on Friday vetoed an agriculture industry-backed bill that would have made it easier to build housing for farmworkers.
Trump Is No Longer the Greatest Danger to the Country. Biden Is.
Biden has a choice: certain defeat and a Trump win, or stepping aside and letting Democrats take the only kind of gamble that gives them at least a competitive chance to win in November, with either California’s Gavin Newsom or Michigan’s Gretchen Whitmer at the top of the ticket–and with Whitmer clearly the better of the two. If the Democratic Party allows Biden to dig in, the party loses all legitimacy going forward.
DeSantis Vetoes Occupational License Reform Bill Aimed at Broadening Opportunities and Reducing Recidivism
The bipartisan measure (HB 133) sponsored by Miami-Dade Democrat Kevin Chambliss and Seminole County Republican Rachel Plakon, would have reduced the time from five years to three years that the Barbers’ Board and Board of Cosmetology could use a criminal conviction as grounds to deny licenses.
Ocala Prayer Vigil Organized by Police and City Officials to End Violent Crime Ruled Unconstitutional
Nearly a decade after the event was held amid a crime spree, a federal judge Wednesday ruled that the city of Ocala violated the U.S. Constitution in organizing and carrying out a prayer vigil. U.S. District Judge Timothy Corrigan issued a 50-page decision that sided with atheists, who argued the prayer vigil in a town square violated the Establishment Clause of the Constitution.
Supreme Court Will Decide Legality of Transgender Care Bans in Decision That Will Affect Florida Law
The U.S. Supreme Court on Monday agreed to decide whether a Tennessee law restricting puberty blockers and hormone therapy for transgender children is unconstitutional, in a closely watched case that is almost certain to affect similar laws in Florida and more than a dozen other states. Justices will hear the case in the fall, with a decision likely coming in June or July 2025.
The Write-In Fraud
Two people who have zero intention to run campaigns have filed to run as write-ins, closing two Flagler County Commission races to 51 percent of the electorate in cynical maneuvers to benefit Ed Danko and Kim Carney in their respective races, against Pam Richardson in one and Nick Klufas and Bill Clark in the other. The write-in fraud takes advantage of a loophole in the law that enables anyone, without paying a dime or showing any intention to campaign, to be a write-in, thus closing otherwise open primaries.
Flagler Sheriff’s Office Implements Rapid DNA at Jail with $250,000 State Grant
Rapid DNA analysis is a fully automated process of developing a DNA profile from a mouth swab. Rapid DNA takes a qualifying arrestee’s DNA profile and automatically enters it in CODIS/NDIS during the booking process. The arrestee’s DNA sample is then searched against all unsolved crimes within 24 hours. The results are usually returned in one or two hours. No human laboratory scientist is needed.
Florida Supreme Court Finds No Threat to ‘Peaceful’ Protest in DeSantis Restrictions on Protesters
Rejecting arguments that the law is ambiguous, the Florida Supreme Court said Thursday that peaceful protesters are not threatened by a measure that Gov. Ron DeSantis and the Legislature passed in 2021 to crack down on violent demonstrations.
Social Media and Gun Laws Await Supreme Court Rulings, with Big Implications for Florida
The social-media ruling likely will decide whether Florida can carry out a 2021 state law that placed restrictions on platforms such as Facebook and X. The gun ruling in a Texas case could help determine the fate of a 2018 Florida law that barred people under age 21 from buying rifles and shotguns.
Banning Asylum Is No Way to an Immigration Fix
Under both U.S. and international law, anyone fleeing persecution in another country has a right to request asylum and have their claim assessed. But both the Trump and Biden administrations have dramatically undermined these protections. Most recently, Biden’s executive order and accompanying federal rule on “Securing the Border” — which effectively closed the U.S.-Mexico border this June — all but suspended the right to asylum altogether.
Florida Argues in Court It Is Free to Censor or Control State-School Professors’ Academic Freedom in Classrooms
The state of Florida is free to forbid college professors from criticizing the governor in the classroom, an attorney argued on behalf of the state during an appellate court hearing over the Stop Woke Act — adding that those professors are free to seek work elsewhere if they don’t like a legislature-controlled curriculum. Academic freedom and when the government can insert itself into the classroom were focal points for a U.S. Circuit Court of Appeals for the Eleventh Circuit panel.
The Broader Strategy to Push Out Homeless People
Advocates for unhoused people argue anti-camping laws targeting the homeless effectively make homelessness a crime. Depending on its ruling, the Supreme Court could intensify cities’ efforts to treat the unhoused as criminals.
Supreme Court Unanimously Upholds Access to Abortion Pill Without Foreclosing on a Future Challenge
Thursday’s ruling means that mifepristone will continue to remain widely available in the United States, where it is used in over 60% of abortions by health care providers. The decision, however, does not necessarily foreclose another challenge to the FDA’s actions. Three states with Republican attorneys general – Idaho, Missouri, and Kansas – joined the dispute in the lower court earlier this year.
Sidestepping Executive Privilege, Appeal Court Sides with DeSantis on Records Denial, Calling Request ‘Overly Broad’
The appeal stemmed from a public-records request, filed by a person identified in court documents as J. Doe, seeking information from DeSantis’ office about influential conservatives involved in discussions about appointing Florida Supreme Court justices. In a subsequent lawsuit, Leon County Circuit Judge Angela Dempsey rejected the public-records request on a series of grounds, including that the governor had “executive privilege” that could be used to prevent release of certain documents.
Federal Judge Stops Florida’s Law Banning or Restricting Transgender Care, Calling It Discriminatory
A federal judge on Tuesday ruled that a 2023 Florida law and regulations prohibiting the use of puberty blockers and hormone therapy to treat children for gender dysphoria and making it harder for trans adults to access care are unconstitutionally discriminatory and were motivated by “animus” toward transgender people.
DeSantis Is Right: Even As a Convicted Felon, Trump Would Be Eligible to Vote in Florida
Florida Gov. Ron DeSantis on June 7 suggested on X that former President Donald Trump is still eligible to vote in Florida, his home state, even though he is now a convicted felon 34 times over. DeSantis is correct, though not necessarily for all the reason he stated on X.
Stetson’s Roellke Joins 70 College and University Presidents in Diversity, Free Expression and Free Inquiry Consortium
Recognizing this urgent moment for American higher education and democracy, Stetson University President Christopher F. Roellke is joining 70 other college presidents of diverse institutions from across the country to advance higher education’s pivotal role in preparing students to be engaged citizens and to uphold free expression on campus.
State Laws Like Florida’s Are Threatening Academic Freedom
Over the past few years, Republican state lawmakers have introduced more than 150 bills in 35 states that seek to curb academic freedom on campus. Twenty-one of these bills have been signed into law, several of them in Florida. Taken together, this legislative onslaught has undermined academic freedom and institutional autonomy in five distinct and overlapping ways.
In Florida and Elsewhere, New GOP Rules Hostile to Voter Registration Threaten Fines and Criminal Penalties
Republican lawmakers in Florida , Alabama, Georgia, Kansas, Missouri, Montana, and Texas have enacted a variety of voter registration laws over the past four years. The measures add new requirements around registering and communicating with voters and threaten hefty penalties for violations. The stated goal of the new laws is to prevent fraud, but in the absence of any evidence of more than very rare fraud some voting rights groups contend their real purpose is to dampen participation by likely Democratic voters.
Parents Sue Florida Board of Education Over Policy Denying Them Right to Challenge Book Bans
Three parents of children attending Florida public schools filed a lawsuit in federal court against the Florida Board of Education on Thursday, claiming that a 2023 education law discriminates against parents who oppose book bans and censorship.
Supervisors of Election Push Back Against Proposed DeSantis Rule On Determining Voter Intent
Florida supervisors of elections are pushing back on a rule proposed by Gov. Ron DeSantis’ administration to update standards for determining voters’ intent on ballots, saying the proposal includes “inconsistencies” that could lead to problems for county canvassing boards.
Lured by State’s $3,000 ‘Civics’ Bonus, Thousands of Florida Teachers Train in Christian Nationalist Tenets
Training materials produced by the Florida Department of Education direct middle and high school teachers to indoctrinate students in the tenets of Christian nationalism, a right-wing effort to merge Christian and American identities. Thousands of Florida teachers, lured by cash stipends, have attended trainings featuring these materials.
Florida High School Athletic Association Replaces Word ‘Gender’ With ‘Sex’ in Snub at Anti-Discrimination Guidelines
The State Board of Education on Wednesday approved changes in the Florida High School Athletic Association’s bylaws that include replacing mentions of the word “gender” with the word “sex,” amid a larger dispute between federal and state officials. The changes came as Florida and other Republican-led states are challenging a Biden administration rule that would help carry out Title IX, a decades-old law that bars discrimination in education programs based on sex.
Scott DuPont Booted Off Ballot as Judge Rose Marie Preddy Prevails in Challenge Over Eligibility to Run
Circuit Judge Rose Marie Preddy, who sits in Putnam County, will not face an opponent in her bid to retain her seat as a judge today threw out Scott DuPont–a former judge–off the August ballot. DuPont, a former judge in the circuit, was removed from the bench by the Supreme Court in 2018, then suspended from the Bar for several months. That suspension meant he could not be eligible for a judgeship until 2026.
Florida’s Attorney General Calls Starbucks’ Diverse Hiring ‘Illegal’
Florida’s Attorney General took to a national radio show hosted by Gov. Ron DeSantis–he was sitting in for Sean Hannity–to charge that Starbucks’s pledge to hire people of color in 30 to 40 percent of its positions violates the law.
California Will Add 11% Tax Guns and Ammo. That Could Diminish Violence.
Starting in July, California will be the first state to charge an excise tax on guns and ammunition–11% on each sale on top of federal excise taxes of 10% or 11% for firearms and California’s 6% sales tax. The National Rifle Association has characterized California’s Gun Violence Prevention and School Safety Act as an affront to the Constitution. But the reaction from the gun lobby and firearms manufactures may hint at something else: the impact that the measure, which is aimed at reducing gun violence, may have on sales.
St. Augustine/St. Johns County Win Nod for Museum of Black History; Getting It Built Is Next Challenge
A state task force assessing possible sites for a proposed Florida Museum of Black History voted 5-4 Tuesday in favor of St. Johns County, where Martin Luther King once rallied protests against segregation in the city of St. Augustine but where the site would require extensive development, including roadbuilding. The close vote followed intense lobbying by St. Augustine/St. Johns, which branched out to support from surrounding counties, including Flagler County, where Palm Coast and the School Board lent support.
Federal Appeals Court Will Decide Whether Florida Ban on Strippers Younger Than 21 Is Constitutional
A panel of the 11th U.S. Circuit Court of Appeals is scheduled to hear arguments June 6 in Jacksonville about whether a city ordinance barring dancers under 21 in adult establishments violates First Amendment rights.
How Dare These College Kids Protest for Humanity Toward Palestinians Instead of Getting Wasted?
Standing around on college lawns, protesting against genocide, calling for a ceasefire in Gaza and an end to arms shipments — what are they thinking? These students should be shopping, getting wasted at end-of-semester parties, and engaging in meaningless sex. Instead, they’re going around acting like citizens, engaging in civil disobedience, exercising their right to free speech, telling university administrations to get rid of all investments in Israel, and demanding humanitarian aid for Palestinians.
Judge Rules Unconstitutional Part of Florida Law Forbidding Non-Citizens from Gathering Petitions
A federal judge Wednesday issued a final decision blocking part of a 2023 Florida elections law that placed new restrictions on voter-registration groups, including preventing non-U.S. citizens from “collecting or handling” registration applications.
Flagler Pride Fest Cancelled Amid Turmoil as Organization’s Founder Resigns, Board Frays and Wagons Circle
To the dismay of a following that had grown substantially over the years, what was to be the fifth annual Flagler Pride Fest at Palm Coast’s Central Park in a month was abruptly cancelled last week through a cryptic, short-lived Facebook post that was scarcely cleared up when what remained of the organization’s officials posted a not-entirely accurate statement attempting to explain the decision on Tuesday, and betraying infighting.
Bacardi Jackson , New Florida ACLU Leader, Points to ‘Urgency of Now’ at ‘Deeply Disturbing’ Juncture
Bacardi Jackson, a veteran litigator seeped in civil-rights advocacy, took the leadership of of the American Civil Liberties Union of Florida on Monday amid a growing number of challenges to laws passed by the Republican-controlled Florida Legislature and signed by Gov. Ron DeSantis. Jackson views her new position as an opening to spur action at a critical juncture in the history of the state and the nation.
DeSantis Office Dismissed from Open Records Case Over Travels, But Lawsuit Against FDLE Continues
A Leon County circuit judge has dismissed Gov. Ron DeSantis’ office from a lawsuit filed by the Washington Post over access to DeSantis’ travel records. Judge J. Lee Marsh this week issued a nine-page ruling that said DeSantis’ office is not the “custodian” of disputed records held by the Florida Department of Law Enforcement. The ruling did not dismiss the case against the law-enforcement agency.
Recording Someone Without Permission Is Illegal in Florida. What If the Recorder Is in Ohio?
Justices are grappling with whether gamer David Race, who lives in Ohio, violated Florida law when he secretly recorded fellow gamer Billy Mitchell without the Broward County resident’s permission. Florida is one of 11 states that require all parties to consent to being recorded.
Flagler School Board Will Send Letter of Support for Locating Museum of Black History in St. Johns
Following the recommendation of Will Furry, its chair, the Flagler County School Board will send a letter of support to a state task force in hopes of luring the future Museum of Black History to St. Johns County. St. Johns was ranked first among three finalists for the location. Its competitors are Eatonville in Orange County and Opa-locka in Miami-Dade County.
DeSantis Lawyer Argues Governor’s ‘Executive Privilege’ Places Him Above Public Record Law
In a case that could have far-reaching implications for the state’s public-records laws, an appeals court heard arguments Tuesday in a challenge to a judge’s ruling that “executive privilege” shields Gov. Ron DeSantis’ administration from releasing records. During Tuesday’s arguments before a three-judge panel of the Tallahassee-based 1st District Court of Appeal, the plaintiff’s attorney said that the constitutional right to public records does not include an exemption for the governor’s records.
County Judge Andrea Totten Is Considering Applying for a Circuit Judge Appointment as Perkins Retirement Looms
With Circuit Judge Terence Perkins retiring in September, and opening a spot among the Seventh Judicial Circuit’s 27 circuit judgeships for appointment, Flagler County Judge Totten is considering applying, she said in a radio appearance on Friday.
Florida Law Restricting Property Ownership By Nationals of 7 Countries Draws 2nd Discrimination Lawsuit
Almost exactly a year after Florida lawmakers and Gov. Ron DeSantis approved a measure to restrict property ownership by people from China and six other countries, housing and real-estate groups Monday filed a federal lawsuit alleging it is discriminatory. The lawsuit, filed in Miami, contends that the law violates the federal Fair Housing Act and part of the Florida Constitution.
The Fear and Loathing Behind GOP’s Christian White Nationalism
MAGA adherents to Aryan tough-guy Jesus see America becoming less white and less Christian, so they’re freaking out, flailing around, breaking things — such as your right to control your own body, your right to read what you want, identify however you want, and love who you want.
Jacksonville Rep. Angie Nixon Stands With Pro-Palestine Protesters at UNF
For months, Jacksonville Democratic Rep. Angie Nixon has advocated for a cease-fire in the Israel-Hamas war. She has been labeled an antisemite for doing so, too. But last Tuesday she made an appearance at the pro-Palestine protest at the University of North Florida.
Reporters Without Borders Condemns Wave of Arrests and Violence Against Journalists Covering Campus Protests
Four journalists have been arrested by police and four others attacked in the course of covering university campus protests in the past week. Reporters Without Borders (RSF) condemns this wave of arrests, criminal charges, and violence against journalists and urges law enforcement agencies and school administrators to protect and respect the rights of all journalists, including student media.
DeSantis Signs Bill Censoring Teacher Training Programs, Saying It Will Prohibit Their ‘Indoctrination’
Gov. Ron DeSantis on Thursday signed bills that include seeking to prevent “indoctrination” in teacher-training programs and beginning to allow credit unions to hold state money. The teacher-training bill (HB 1291) was one of the most-controversial education issues of this year’s legislative session, which ended March 8. It seeks to prevent “identity politics” from being included in teacher-preparation programs at colleges and universities.
When Is Punishment Enough for a Predator? A Child Rapist Makes His Case to End Probation, and Loses.
Lawrence William Morton, formerly of Flagler Beach, served 20 years in prison and five on probation for sex crimes against six minors. He appeared before a judge Monday, seeking to end his probation five years early, as the law allows, arguing that he’s been a model probationer. The judge denied the motion in a case broadly illustrative of recurring requests by sex offenders and predators, and dilemmas faced by the court and prosecutors.
Florida Joins GOP Lawsuit to Kill Federal Protections for Transgender Students
Republican State Attorney General Ashley Moody has enlisted Florida in multi-state litigation challenging new Biden administration regulations protecting transgender people from discrimination in schools, colleges, and universities.
Joan Naydich, Brendan Depa’s Victim of Beating, Details How ‘Everything Was Taken Away’ from Her
Joan Naydich, the former teacher’s aide at Matanzas High School, described how Brendan Depa destroyed her life at 10 o’clock that Tuesday morning in 2023, when the then-17-year-old special education student rushed her as she was leaving his classroom–after he spat on her–knocked her unconscious and pummeled her, all on video.
Arrests and Threats of Expulsions of Students Protesting Gaza War Increase at Florida University Campuses
Arrests of protesters on Florida university campuses increased this week, after tensions ratcheted up at the University of Florida and the University of South Florida during demonstrations about the war between Israel and Hamas. The arrests Monday of a dozen people at the two Florida universities came as pro-Palestinian campus protests draw attention across the country. The ACLU of Florida denounced the threats of expulsions, calling protest a fundamental right.
Florida’s 6-Week Abortion ban Goes in Effect Wednesday. Here’s What It Means for Patients and the South.
More than 25,000 women traveled to Florida for an abortion over the past five years, most from states like Alabama, Louisiana, and Mississippi with little or no access to abortion. Hundreds traveled from as far as Texas. Starting on May 1, Florida’s 6-week ban goes in effect. The ban could be short-lived if 60% of Florida voters in November approve a constitutional amendment adding the right to an abortion.
Chief Engert: How Flagler County Jail Stepped Up to Ensure Brendan Depa’s Continuing Education
The Flagler County Sheriff’s Office and its jail were not responsible for the education of Brendan Depa, the former Matanzas High School student arrested over a year ago on a charge of aggravated battery of a school employee. Nevertheless, the jail, under the supervision of Chief Daniel Engert, has ensured that a team of volunteers and professionals have continued Depa’s education, with notable and continued successes.