The judge said in the ruling that the law violates the First Amendment and is impermissibly vague.
Tallahassee U.S. District Judge Mark Walker said in a 44-page ruling that the “Stop WOKE” act violates the First Amendment and is impermissibly vague. Walker also refused to issue a stay that would keep the law in effect during any appeal by the state.
“If Florida truly believes we live in a post-racial society, then let it make its case,” the judge wrote. “But it cannot win the argument by muzzling its opponents.” The ruling Thursday came in one of three lawsuits challenging the Stop Woke act. It was filed by private entities, Clearwater-based Honeyfund.com and others, claiming their free speech rights are curtailed because the law infringes on company training programs stressing diversity, inclusion, elimination of bias and prevention of workplace harassment. Companies with 15 or more employees could face civil lawsuits over such practices.
Another lawsuit, which was filed Thursday by college professors and students, claims the law amounts to “racially motivated censorship” that will act to “stifle widespread demands to discuss, study and address systemic inequalities” underscored by the national discussion of race after the killing of George Floyd, who was Black, by Minneapolis police in May 2020.
Like the professors, a group of K-12 teachers and a student claim in a third pending lawsuit that the law violates the Constitution’s protections of free expression, academic freedom and access to information in public schools. “What you see now with the rise of this woke ideology is an attempt to really delegitimize our history and to delegitimize our institutions, and I view the wokeness as a form of cultural Marxism,” DeSantis said in a December 2021 speech. “They really want to tear at the fabric of our society.”
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