Title: 11th Circuit Court Upholds Decision Against Florida’s “Stop WOKE Act” for Infringing Employers’ Free Speech Rights
The United States Court of Appeals for the Eleventh Circuit recently upheld a lower court ruling that Florida’s “Stop WOKE Act” partakes in the infringement of employers’ free speech rights. The appeals court declared that the government cannot favor particular viewpoints over others without inviting First Amendment scrutiny.
Background: Florida’s Individual Freedom Act, commonly referred to as the “Stop WOKE Act,” is one of several bills passed under Republican Governor Ron DeSantis in 2022 during his campaign against “woke ideology.” The legislation aimed to prevent teachings or mandatory workplace activities that suggest individuals are privileged or oppressed based on race, color, sex, or national origin.
Implications of the Ruling: In its Monday ruling, the Eleventh Circuit Court of Appeals stated that the government cannot target speech based on its content and penalize specific viewpoints. The court argued that speech codes have no place in American society, and elected officials should not censor the expression of business owners based on their disagreement with the content.
Legal Challenge: The challenge was initiated by two Florida-based employers seeking to mandate diversity and inclusion training for staff and consultants. A federal judge granted a preliminary injunction in August 2022, stopping the enforcement of sections dealing with corporate training. The ruling stated that the law discriminates on the basis of viewpoint in violation of the First Amendment and is impermissibly vague under the Fourteenth Amendment.
The Eleventh Circuit Court agreed, stating that even if they presumed the Act aimed to combat discrimination in some way, its broad reach and scope would render it unconstitutional. The court emphasized that banning speech on a wide range of political topics is detrimental; however, banning speech on various political viewpoints is more concerning.
Further Developments: This case is ongoing and will be updated as new information becomes available. Shalini Goel Agarwal, counsel for Protect Democracy representing the challenging businesses, commented, “Speech codes have no place in American society, and elected officials have no business censoring the speech of business owners simply because they don’t agree with what’s being expressed.”
Implications for Employers and Society: The 11th Circuit Court’s decision reinforces the importance of employers’ ability to encourage diverse and inclusive workplaces without fearing government intervention or censorship based on controversial topics or viewpoints. This ruling not only sets a significant precedent but also sends a powerful message about the value of preserving free speech rights in our society.
