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Appeal could come next after judge rules 'Stop WOKE Act' can't be enforced

Stop Woke Act
Posted at 4:47 PM, Aug 19, 2022
and last updated 2022-08-19 21:30:15-04

TAMPA, Fla. — Whether you know it as Florida’s Individual Freedom Act or the "Stop WOKE" Act, a federal judge ruled that parts of the law pushed by Governor Ron DeSantis cannot be enforced.

“Constitutional scholars, like myself, warned Florida that this had so many constitutional problems even in drafting,” Stetson law professor Ciara Torres-Spelliscy said.

She also said the governor has the chance to appeal the ruling to the 11th Circuit Court but doesn't think the appeal will go in his favor, despite the court being made up primarily of conservative judges.

“Under the first amendment, the government doesn’t get to tell us what to think," she continued. "And this was couched in language that sounded as if it was about individual choice. But it actually stops people from saying and learning certain concepts."

The law not only restricted race-based conversation in both schools and the workplace but also teachings that some groups believe are inherently racist or privileged.

"We are putting the people of Florida first and we are going to do what’s in their best interest," Governor Desantis said. "Not whatever the delusions of what some wealthy, woke CEO wants to do."

Clearwater-based Honeyfund.com filed a lawsuit challenging "Stop WOKE," claiming it violates their free speech during diversity training programs.

“I hope this discourages this governor and future governors from enacting thought control laws the way this governor has," Torres-Spelliscy said. "The first amendment doesn’t allow the government to favor one viewpoint over another. It’s called viewpoint discrimination.”

The Governor's office tells ABC Action News they will appeal the ruling and communications director Taryn Fenske said “Judge Walker has effectively ruled that companies have a first amendment right to instruct their employees in white supremacy. We disagree and will be appealing his decision.”