Appeals court rejects Florida's 'Stop Woke' law, citing First Amendment concerns

Created at 7 Jul · 6:30 PM2 sources↑ Market-relevant2 events

IN SHORT

A federal appeals court has struck down a significant portion of Florida's 'Stop Woke' Act, ruling that the law restricting discussions on race and gender in higher education violates the First Amendment's free speech protections. The decision reinforces a previous injunction against the law.

Key Numbers

2022year Florida's 'Stop Woke' law was approved

Who's Involved

Britt Grant

Donald Trump appointed judge who wrote the majority opinion

Ron DeSantis

Governor who championed Florida's 'Stop Woke' Act

LeRoy Pernell

Professor at Florida A&M University's college of law and named plaintiff

Jin Hee Lee

Director of strategic initiatives at the Legal Defense Fund

Carrie McNamara

Staff attorney at the American Civil Liberties Union of Florida

James Uthmeier

Florida's attorney general and former chief of staff to DeSantis

↳ Why This Matters

The ruling is a significant victory for free speech advocates and a setback for Governor Ron DeSantis's agenda, affirming that state governments cannot unconstitutionally restrict academic discourse on sensitive topics in public universities.

Key facts

A federal appeals court has struck down a significant portion of Florida's 'Stop Woke' Act.
The law, championed by Governor Ron DeSantis, restricted college and university professors from teaching or sharing thoughts on concepts of race and gender.
The court found the law violated the First Amendment's guarantee of free speech.
The majority opinion stated the government cannot make educators its mouthpieces by controlling their speech.
The ruling reinforces a previous injunction against the law's implementation.

A federal appeals court has struck down a significant portion of Florida's 'Stop Woke' Act, a law championed by Governor Ron DeSantis that restricted how race and gender could be taught in higher education. The 11th circuit court of appeal ruled 2-1 that the law breached the free expression rights guaranteed under the First Amendment, accusing the state of 'puppeteering' by controlling educators' speech. Judge Britt Grant, appointed by Donald Trump, wrote the majority opinion, stating that the government cannot force educators to be its mouthpieces. The ruling reinforces a district court's injunction against the law, which was passed in 2022 and officially known as the Individual Freedom Act. Civil rights and free speech advocacy groups, including the Legal Defense Fund and the ACLU of Florida, welcomed the decision.

Frequently asked questions

The 'Stop Woke' law, or Individual Freedom Act, was legislation passed in Florida in 2022 that aimed to prohibit schools and companies from teaching or training on topics related to race and sex in ways that could cause students or employees to feel guilt or distress.

The appeals court ruled that the law violated the First Amendment's guarantee of free speech, finding that it penalized certain viewpoints and constituted censorship by controlling what educators could say or teach.

Judge Barbara Lagoa wrote a dissenting opinion, arguing that the First Amendment does not require the state to endorse all viewpoints and that the majority was rewriting precedent.

The ruling removes a flagship element of DeSantis's agenda and reinforces a previous injunction against the law, representing a victory for civil rights and free speech advocacy groups.

What Happens Next

01Florida may seek further appeal of the ruling.

Get the newsletter.

Pick the topics you actually care about. We'll email when there's news worth your time, on the cadence you choose. Cancel any time from your account.

Cadence

How It Developed

A federal appeals court rejected Florida's 'Stop Woke' law, citing First Amendment concerns.

The 11th circuit court of appeal ruled 2-1 that the higher education component of the law breached free expression rights.

The court accused the state of 'puppeteering' by controlling what educators can say or teach.

The ruling removes a key element of Governor Ron DeSantis's agenda concerning perceived left-wing ideology in higher education.

The 'Stop Woke' Act, formally the Individual Freedom Act, was passed in 2022.

The decision mirrors a previous ruling blocking the law's workplace provision.

The ruling reinforces a district court's injunction against the law's implementation in Florida colleges and universities.

Civil rights and free speech advocacy groups welcomed the decision.

Sources

US appeals court partially strikes down Florida law restricting campus race and gender discussionsThe Guardian

‘Breathtaking assertion of power’: Appeals court slams door on Florida ‘Stop Woke’ law championed by DeSantisPolitico