A Florida Republican’s bill aims to silence accusations of racism, homophobia, sexism, transphobia, or any other allegations of discrimination, making them “defamation” under the law and potentially costing the person who made them up to $35,000 in the state known for its “Don’t Say Gay” law.
The sweeping legislation also appears to void journalists’ right to not reveal sources, and, chillingly removes the long-standing requirement that a public figure needs to show “actual malice” to win a defamation lawsuit.
“In cases of alleged homophobia or transphobia, defendants charged with defamation are not allowed to use the plaintiff’s religious or scientific beliefs as part of their defense. If they are found liable for defamation, the defendant could be fined at least $35,000,” The New Republic reports, noting it “would silence basically any accusations of discrimination.”
“The bill applies to statements made in print, on television, or on social media. It also states that someone who is caught in a viral video engaging in allegedly discriminatory behaviors does not qualify as a ‘public figure,’ giving those people even more grounds to sue.”
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LGBTQ activist Erin Reed, who first reported on the legislation, writes: “A person could not call, for instance, a fiercely anti-gay or anti-trans pastor transphobic. The pastor would be able to sue their accusers for $35,000 and their accusers could not use the pastor’s ‘religious expression or beliefs’ to prove that the pastor is transphobic or homophobic. Similarly, if a shopkeeper kicks a transgender person out of a shop while citing ‘God’s word’ or their ‘scientific beliefs’ and the video goes viral, the shopkeeper could claim that they were acting under their ‘constitutionally protected religious expression or beliefs’ or their ‘scientific beliefs.’ It would bar anyone from calling that shopkeeper transphobic.”
Florida Democratic state Rep. Anna V. Eskamani decried the legislation, writing: “More attempts to chill free speech in the ‘free’ State of Florida.”
Dr Robert Bohan, an Irish artist and scientist who says his “work is about the human condition and understanding how the mind is connected with the body and our environment,” on social media where he has over 300,000 followers voiced concern.
“The US is proud of free speech. The KKK can spit racism, misogynists can attack women & groups can call for the annihilation of Gay ppl,” Dr. Bohan wrote. “Florida is now removing free speech, but just for the Gays. If you can’t name your oppressor how do you call them out?”
Florida State University professor of history Paul Renfro observed, “For these folks, accusations of racism, sexism, transphobia, or homophobia are far more objectionable than the racist, sexist, transphobic, and homophobic policies they enact and support.”
The legislation is being sponsored by Republican state Senator Jason Brodeur, who last year “introduced a bill that would require the registration of bloggers who are critical of the state’s government,” leading a columnist at the right-wing National Review to call him a “moron” and an “idiot.” It’s unclear if that would be considered defamation under Sen. Brodeur’s new bill.