Florida’s new anti-gay bill aims to limit and punish protected free speech

SB 1780, would make accusing someone of being homophobic, transphobic, racist or sexist, even if the accusation is true, equivalent to defamation, and punishable by a fine of at least $35,000. If passed, the bill would severely limit and punish constitutionally protected free speech in the state.

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Though SB 1780 is not likely to survive past higher courts, its introduction is indicative of a wider conservative strategy to stifle criticism of racist, sexist and homophobic behavior.

Simon and Austin both argue that by crafting bills that specifically target LGBTQ+ people, DEI efforts and free speech, conservative legislators are trying to push those who do not fit the mold of what they believe Florida should look like out of the state.

The passage of SB 1780 would have sweeping implications for free speech, as the bill’s restrictions apply to everything from print and television to online social media posts.

If enough people were charged under the bill, Simon said, it would likely intimidate others from coming forward about discrimination, effectively silencing victims of hate crimes or other forms of bigotry.

Journalists who report on discrimination would be particularly vulnerable to lawsuits, as the bill stipulates that “a statement by an anonymous source is presumptively false for purposes of a defamation action”.

A similar, more sweeping bill, HB 991, explicitly made it easier to sue journalists and passed the civil justice subcommittee last year.

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