Florida Republicans v. The First Amendment
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A legislator in Florida is trying to codify the longstanding Republican conviction that being accused of being racist is much worse than being racist:
Florida State Sen. Jason Brodeur (R) recently introduced a bill that would revoke certain privileges from journalists in the state, including the right to keep sources anonymous. The bill would also make accusing someone of racism, sexism, homophobia or transphobia defamatory, even if the accusation is based on a person’s “scientific or religious beliefs.”
“More attempts to chill free speech in the ‘free’ State of Florida,” State Rep. Anna V. Eskamani (D) said on social media.
The bill, SB 1780, would alter the widely accepted standard in which a defendant would need to prove “actual malice” on behalf of the plaintiff to succeed in a defamation suit. SB 1780 would make “an allegation that the plaintiff has discriminated against another person or group because of their race, sex, sexual orientation, or gender identity [] defamation per se,” meaning that there is a presumption that the statement harmed the reputation of the plaintiff and was, therefore, defamatory. If a defendant is held liable for defamation, they could be fined at least $35,000.
This is also why Clarence Thomas wants Southern juries to be unconstrained by New York Times v. Sullivan again.