Dec 23, 2024

Federal Court Puts Preliminary Injunction on Florida’s Stop WOKE Act

by Haley Larkin | Sep 01, 2022
Governor Ron DeSantis holding a signed document promoting the "Stop WOKE Act" surrounded by supporters, including children and individuals holding "Stop WOKE" signs. Photo Source: Daniel A. Varela / Miami Herald/Tribune News Service via Getty Images

A federal judge in Florida issued a preliminary injunction after the ACLU filed a lawsuit challenging Florida’s “Stop WOKE act” for allegedly violating the First and Fourteenth Amendments to the United States Constitution. The ACLU, joined by the ACLU of Florida and the Legal Defense Fund, accused the state of passing a law that is racially motivated and will create censorship in schools and the workplace.

Judge Mark Walker of the U.S. District Court for the Northern District of Florida commented that the state will need to argue its case, “but it cannot win the argument by muzzling its opponents.” He continued to call the bill something you might find in an alternate universe, referencing the Netflix show “Stranger Things.”

House Bill 7, also known as the “Stop WOKE Act,” went into effect in April 2022 and puts restrictions on how race, gender, and inequality can be discussed and taught in schools, colleges, and workplaces. It targets any discussion that could potentially make an individual feel guilty for past actions committed by their racial ancestors. Additionally, it denies that meritocracy is in any way racist and prohibits the teaching of critical race theory (CRT) in schools.

In a press release from the Governor’s office after the signing of the bill, Governor DeSantis called this action a way “to give businesses, employees, children, and families tools to stand up against discrimination and woke indoctrination.” DeSantis continued to state that “In Florida, we will not let the far-left woke agenda take over our schools and workplaces.”

Individuals and groups that oppose CRT are under the impression that this school of thought places the blame of racism on white people and instills the idea that white people are inherently oppressors while Black people are “hopelessly oppressed victims.” However, those who support the teaching of CRT argue that it is teaching students to be aware and to be vigilant that “social institutions are laced with racism embedded in laws, regulations, rules, and procedures that lead to differential outcomes by race.”

Since 2014, in the aftermath of the police killing of Michael Brown in Ferguson, the phrase ‘stay woke’ or ‘being woke’ has risen in popularity to describe individuals who are aware of (or awake to) racial and social justice issues. It started as a watchword for Black Americans. In recent years, the phrase has shortened to just ‘woke,’ and while used by both the left and the right, it has come to have very different meanings.

To left-leaning individuals, being ‘woke’ is a badge of honor. It is a term that makes advocates of social justice stand out for their work and political ideology and is usually centered around the promotion of teaching critical race theory. However, on the other side of the aisle, to be “woke” to a right-leaning individual is synonymous with the ‘cancel’ culture and is restricting speech by forcing substantial ‘political correctness.’

The complaint argues that the law passed last April is a violation of First and Fourteenth Amendment rights. First, it denies the right of an individual to receive information free from viewpoint-based discrimination. Viewpoint discrimination and content discrimination restrict or censor speech on a subject and the opinions and perspectives on that subject matter. The government cannot restrict teaching about slavery, as that would be content discrimination. The argument, in this case, is that banning CRT is a form of viewpoint discrimination or banning speech that allows for perspectives on this point in American history. The Court continued to opine that “viewpoint discrimination is thus an egregious form of content discrimination.”

The Supreme Court stated in Rosenberger v. Rectors and Visitors of the University of Virginia (1995) that “when the government targets not subject matter but particular views taken by speakers on a subject, the violation of the First Amendment is all the more blatant.”

And second, it violates the Fourteenth Amendment’s Due Process Clause because the legislation is impermissibly vague.

Governor Ron DeSantis’s office stated they will appeal the decision stating that they believe “Judge Walker has effectively ruled that companies have a First Amendment right to instruct their employees in white supremacy.”

Share This Article

If you found this article insightful, consider sharing it with your network.

Haley Larkin
Haley Larkin
Haley is a freelance writer and content creator specializing in law and politics. Holding a Master's degree in International Relations from American University, she is actively involved in labor relations and advocates for collective bargaining rights.

Related Articles

Florida Governor Ron DeSantis speaking at an event, discussing recent legislation on education.
DeSantis signs bill limiting LGBTQ talk in school and opens door to civil lawsuits by parents of children who believe the law was violated, even by third parties

Last week, Florida Governor Ron DeSantis signed House Bill 1557, Parental Rights in Education, which impacts children from kindergarten to third grade. The bill follows on the heels of Florida’s 2022 Parents’ Bill of Rights. The controversial new law goes above and beyond classroom instruction, however. According to a press... Read More »

A man in a suit speaking into a microphone, surrounded by a group of people.
Florida Law Singling out Social Media Shot Down by District Judge

A Florida law governing how social media platforms like YouTube, Twitter, and Facebook censor politicians was struck down last week by U.S. District Judge Robert Hinkle of the Northern District of Florida. This law was signed by Florida governor Ron DeSantis, and many have called it “Trump-inspired legislation” after the... Read More »