Federal circuit court judges dealt a partial blow to Florida Governor Ron DeSantis' "Stop WOKE" Act, on Monday, striking down restrictions on employers that one judge described as the "greatest First Amendment sin."
The Stop WOKE (Wrongs to Our Kids and Employees) Act is part of a slate of recent Florida legislation that largely targets discourse around social issues including race, gender and sexuality.
The provision before the 11th Circuit Court of Appeals would have banned employers from mandatory workplace training that suggest that people are privileged or oppressed due to their race, gender or national origin.
"The ideas targeted in Florida's Individual Freedom Act are embraced in some communities, and despised in others," Donald Trump-appointed-Judge Britt Grant wrote in the ruling.
"By limiting its restrictions to a list of ideas designated as offensive, the Act targets speech based on its content. And by barring only speech that endorses any of those ideas, it penalizes certain viewpoints - the greatest First Amendment sin."
Among the lawsuit's plaintiffs were the owners of popular wedding registry, Honeyfund.com and the proprietors of several Ben & Jerry's franchises.
"We moved Honeyfund to Florida in 2017 because it was known as a business-friendly state. " said CEO Sara Margulis. "Passing laws that seek to squash free speech like HB7 is not only a violation of The First Amendment but is also a losing strategy because businesses serve people of all backgrounds, walks of life, and political views."
DeSantis said that he was "reviewing all options on appeal" in a statement released on Tuesday.
"We disagree with the Court's opinion that employers can require employees to be taught - as a condition of employment - that one race is morally superior to another race," the statement read. "The First Amendment protects no such thing, and the State of Florida should have every right to protect Floridians from racially hostile workplaces."
The decision was celebrated by Protect Democracy, the self-described "nonpartisan, anti-authoritarianism group" that represented the Florida employers in the suit.
"Speech codes have no place in American society, and elected officials have no business censoring the speech of business owners simply because they don't agree with what's being expressed," Shalini Goel Agarwal, Protect Democracy counsel wrote in a statement.
"Barring employers from engaging in speech that powerful politicians don't like is a move straight out of the authoritarian playbook. Today is a good day for the First Amendment and the ability of American businesses to speak freely."
