A Florida judge declared a Florida law championed by Republican Gov. Ron DeSantis that restricts race-based conversation and analysis in business and education unconstitutional. The judge blocked a key provision of Florida’s “Stop WOKE” Act aimed at private businesses. 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. Walker said the law, as applied to diversity, inclusion and bias training in businesses, turns the First Amendment “upside down” because the state is barring speech by prohibiting discussion of certain concepts in training programs. “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 law, which is officially called the Individual Freedom Act and was signed by Gov. Ron DeSantis this year. The law prohibits teaching or business practices that contend members of one ethnic group are inherently racist and should feel guilt for past actions committed by others. It also bars the notion that a person’s status as privileged or oppressed is necessarily determined by their race or gender, or that discrimination is acceptable to achieve diversity.
The ruling 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.has become one of the latest flash points between big business and lawmakers. It has, in part, made Florida ground zero in the growing debate about how far both businesses and lawmakers can go in taking a stance on divisive social issues — and enforcing certain policies — in the workplace.
That lawsuit says Honeyfund — which provides wedding registries — seeks to protect the rights of private employers to “engage in open and free exchange of information with employees to identify and begin to address discrimination and harm” in their organizations.“Diversity in the workplace is good for business,” Honeyfund CEO Sara Margulis said on Twitter after the ruling. “Diversity training often addresses concepts like systemic racism, unconscious bias, and privilege. This is why @Honeyfund challenged this illegal restriction on free speech.”