Florida Bill Would Classify Calling Someone Anti-LGBTQ, Racist, Or Sexist As “Constituting Defamation Per Se”

The New Republic reports:

A Florida Republican lawmaker has introduced a bill that would make it defamation to accuse someone of racism, sexism, homophobia, or transphobia, a measure that would deal a devastating blow to freedom of speech in the Sunshine State. The bill would make it much easier for someone to sue another person for defamation. The measure states that “an allegation that the plaintiff has discriminated against another person or group because of their race, sex, sexual orientation, or gender identity constitutes defamation per se.”

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 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.

Read the full article. Sen. Jason Brodeur last appeared here for a similar bill that spawned furious editorials from major Florida newspapers as well as national outlets like the New York Times and Washington Post. Brodeur’s first DeSantis-backed attempt, which targeted bloggers and newspapers, died in committee in April 2023. The new bill cited above targets individuals. Brodeur was narrowly elected in 2020 in an election in which a ghost candidate was convicted of a scheme to siphon votes from the Democratic candidate.

A proposed Florida bill would remove certain journalistic privileges, like the right to keep sources anonymous. Statements from anonymous sources would be considered “presumptively false,” making journalists covering discrimination vulnerable to lawsuits. https://t.co/25pGX58u9k

— The New Republic (@newrepublic) January 9, 2024

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