Against Common Sense? Florida Judge BLOCKS Anti-Woke CRT Bill Because Its "Dystopian"

The Blaze reports that a federal judge has weighed in.

November 21, 2022

“A federal judge struck down a key provision in an anti-woke law in Florida and called it ‘positively dystopian’ because it infringed on free speech rights.

November 21, 2022

“The Individual Freedom Act was passed earlier in the year by the Republican-led Florida legislature and signed by Republican Gov. Ron DeSantis. The law banned schools and companies from giving instructions or training that place blame on any group of people, based on race or sex, for the feelings of ‘guilt, anguish, or any other form of psychological distress’ other groups may experience.

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“The lawsuit against the law was filed on behalf of a University of South Florida professor, a student, and a student group under the objection that it would illegally curtail free speech on college campuses.”

Fox News related Judge Mark Walker’s reasoning for imposing the temporary injunction against the provision while litigation continued.

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“’ The law officially bans professors from expressing disfavored viewpoints in university classrooms while permitting unfettered expression of the opposite viewpoints,’ Walker wrote in a Thursday order. ‘Defendants argue that, under this Act, professors enjoy ‘academic freedom’ so long as they express only those viewpoints of which the State approves. This is positively dystopian.’”

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The law expressly forbids the teaching of Critical Race Theory, which ascribes characteristics of “oppressor” or “oppressed” based on skin color.

“The law prohibits imposing ’a condition of employment, membership, certification, licensing, credentialing, or passing an examination’ on anything that promotes any of a list of eight specified principles, which include the idea that members of one race, color, sex, or national origin are morally superior to any other; are inherently racist because of their race, color, sex, or national origin; that one’s status as privileged or being an oppressor is dictated by such characteristics, and that ‘virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist[.]’”

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The plaintiffs claimed that the law violated their 1st Amendment and 14 Amendment rights. “The Florida government argued that because professors at public schools represent the government, they do not have First Amendment protection in this case.”

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Judge Walker disagreed with the State of Florida’s reasoning.

“’ Our professors are critical to a healthy democracy, and the State of Florida’s decision to choose which viewpoints are worthy of illumination and which must remain in the shadows has implications for us all,’ Walker wrote, concluding that ‘the First Amendment does not permit the State of Florida to muzzle its university professors, impose its own orthodoxy of viewpoints, and cast us all into the dark.’ ”

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“‘Our professors are critical to a healthy democracy, and the State of Florida’s decision to choose which viewpoints are worthy of illumination and which must remain in the shadows has implications for us all,’ Walker wrote, concluding that ‘the First Amendment does not permit the State of Florida to muzzle its university professors, impose its own orthodoxy of viewpoints, and cast us all into the dark.’”

Florida has not responded to the ruling but will likely appeal it in due course.