Florida Gov. Ron DeSantis’ “Stop WOKE Act” has been shut down for a second time. Even the conservative 11th Circuit Court of Appeals slammed the act as embodying “the greatest First Amendment sin.”
The Stop WOKE Act is what The Individual Freedom Act, or Stop Wrongs to Our Kids and Employees Act, has been dubbed. It was signed into law by DeSantis in mid-2022. The law specifically targets schools and the workplace and restricts the type of training and instruction that can be held in each setting. It specifically prohibits “subjecting any student or employee to training or instruction that espouses, promotes, advances, inculcates, or compels such individuals to believe specified concepts constitutes discrimination based on race, color, sex, or national origin.”
The implications of the law are huge, as it could make it illegal for employees to undergo mandatory bias or sexual harassment training in the workplace and prevent schools, including higher education institutes, from discussing topics like systemic racism or gender discrimination in American history. It would essentially force teachers to give a whitewashed version of history and employers to abandon DEI training to prevent being accused of making employees or students feel guilty or responsible for America’s history or acknowledging that it’s possible for one to be privileged or oppressed based on one’s race, gender, or national origin.
Fortunately, the law was quickly challenged by U. S. District Judge Mark E. Walker, who deemed it unconstitutional. It was subsequently unanimously blocked from going into effect by a panel of three federal judges in March 2023. Despite the defeat, DeSantis remained confident that the Court of Appeals would quickly reverse the decision. However, he was wrong.
The Court of Appeals slams the Stop WOKE Act
After federal judges unanimously blocked the law, DeSantis appealed it to the 11th Circuit Court of Appeals, which is known for being one of the most conservative appeals courts in the country. The circuit agreed only to consider the workplace element of the Stop WOKE Act, thus refusing to hear the appeal for the educational portion. Meanwhile, the 11th Circuit has now also upheld the ruling on the workplace element.
Not only did the court block the law from being imposed in the workplace, but it had some very scathing remarks for DeSantis and Florida. In particular, it slammed the Stop WOKE Act for essentially creating a “list of ideas designated as offensive” and then solely prohibiting speech that “endorses any of those ideas.” It very clearly is an infringement on free speech that specifically “penalizes certain viewpoints.” The ruling concluded by determining that what the law proposes is “the greatest First Amendment sin.”
For now, DeSantis’ attempts to revive the Sop WOKE Act have been effectively crushed again. Although the court merely ruled that the law is an attack on free speech, DeSantis’ office issued a statement accusing the 11th Circuit of giving companies the “right to indoctrinate their employees with racist and discriminatory ideologies.” However, the only thing that two Florida-based employers sought by challenging the law was the right to provide diversity and inclusion training for staff within their private businesses without government interference.
It’s unfathomable why DeSantis is so scared of employers being encouraged to hire without bias and workplaces enforcing a positive and accepting environment for employees. For now, though, Florida has failed to make it illegal for colleges to discuss racism or for private workplaces to require their employees to undergo diversity and inclusion training.
(featured image: Scott Eisen / Getty)
