A federal appeals court Monday rejected restrictions that Gov. Ron DeSantis and Republican lawmakers placed on addressing race-related issues in workplace training — part of a controversial 2022 law that DeSantis dubbed the “Stop WOKE Act.”
A three-judge panel of the 11th U.S. Circuit Court of Appeals said the restrictions violated First Amendment rights.
“This is not the first era in which Americans have held widely divergent views on important areas of morality, ethics, law and public policy,” the 22-page opinion said. “And it is not the first time that these disagreements have seemed so important, and their airing so dangerous, that something had to be done. But now, as before, the First Amendment keeps the government from putting its thumb on the scale.”
The panel upheld a preliminary injunction issued in 2022 by Chief U.S. District Judge Mark Walker against the restrictions. The law was challenged by Primo Tampa, LLC, a Ben & Jerry’s ice-cream franchisee; Honeyfund.com, Inc., a Clearwater-based technology company that provides wedding registries; and Chevara Orrin and her company, Collective Concepts, LLC. Orrin and her company provide consulting and training to employers about issues such as diversity, equity and inclusion.
Walker also separately issued a preliminary injunction against part of the law that would restrict the way race-related concepts can be taught in universities. The state has appealed that decision, with arguments scheduled in June.
The workplace-training part of the law listed eight race-related concepts and said that a required training program or other activity that “espouses, promotes, advances, inculcates, or compels such individual (an employee) to believe any of the following concepts constitutes discrimination based on race, color, sex, or national origin.”
As an example of the concepts, the law targeted compelling employees to believe that an “individual, by virtue of his or her race, color, sex, or national origin, bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the individual played no part, committed in the past by other members of the same race, color, sex, or national origin.”
In court documents, the state disputed that the law violated speech rights, saying that it regulated “conduct.” It said businesses could still address the targeted concepts in workplace training — but couldn’t force employees to take part.
But the appeals court flatly rejected such arguments Monday. It described the law as the “latest attempt to control speech by recharacterizing it as conduct. Florida may be exactly right about the nature of the ideas it targets. Or it may not. Either way, the merits of these views will be decided in the clanging marketplace of ideas rather than a codebook or a courtroom.”
“By limiting its restrictions to a list of ideas designated as offensive, the act (the Florida law) targets speech based on its content,” said the opinion, written by Judge Britt Grant and joined by Judges Charles Wilson and Andrew Brasher. “And by barring only speech that endorses any of those ideas, it penalizes certain viewpoints — the greatest First Amendment sin.”
The opinion also said the law “prohibits mandatory employee meetings — but only when those meetings include speech endorsing certain ideas.”
“Whether Florida is correct that the ideas it targets are odious is irrelevant — the government cannot favor some viewpoints over others without inviting First Amendment scrutiny,” wrote Grant, who was appointed to the Atlanta-based appeals court by former President Donald Trump. Brasher also was appointed by Trump, while Wilson was appointed by former President Bill Clinton.
Plaintiffs and one of their attorneys, Shalini Goel Agarwal, issued statements Monday praising the opinion.
“The government obviously has no right to patrol my workplace for words that some politicians don’t like,” Antonio McBroom, CEO of Primo Tampa, said in a statement. “And the government obviously has no right to substitute its preferences for those of any businesses’ guests and team members.”
–Jim Saunders, News Service of Florida
JimboXYZ says
Workplace Training on Bigotry ? Zero tolerance on Bigotry, fire the work force cancer(s), both the baiters & bigots. That’s a policy that is presented at length in the employee handbook that nobody seems to read that is available to every employee from CEO to staff. This is a parenting issue that really should be addressed long before anyone reaches the age of formal employment in the workforce.
Joseph Barand says
The Scumbag DeSantis should be billed for all costs associated with this and all of his NAZI inspired actions.
Samuel says
You would never think DeSantis ever went to law school since he does think that are usually against the Constitution or individual rights. Go back to law school and this time read the law books.
Endless Dark Money says
LOL, you mean the party of hate wants to get rid of diversity and inclusion. They love the constitution but only the 1st and 2nd amendment def not the 14th. You would have a hard time finding more reputable scum than the fascist morons they choose as leaders.
Michael J Cocchiola says
A rare win for sanity in Floriduh. The extremist faithful will search for a workaround.
Robjr says
Can any of the anti woke clan provide a coherent definition of woke?
Laurel says
Thank goodness, sanity still exists.
“All animals are equal, but some animals are more equal than others.”
– Animal Farm by George Orwell.
Right where DeSantis was heading.