New: 11th Circuit Strikes Down Florida's 'Stop Woke' Act

A three-judge panel of the 11th U.S. Circuit Court of Appeals on Monday upheld a Florida federal judge's August 2022 ruling that the “Stop WOKE” act violates the First Amendment as it applies to businesses and is impermissibly vague.

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“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,” Circuit Judge Britt C. Grant wrote for the court. ...

“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 governor's office said in an email. “The First Amendment protects no such thing, and the State of Florida should have every right to protect Floridians from racially hostile workplaces.”

Ed Morrissey

Don't be surprised by this ruling. The state of Florida can pass this rule for its own operations -- maybe -- but forcing private businesses to comply is another matter. The Supreme Court may just decide to let the 11th Circuit ruling stand rather than grant cert to the appeal, but even if four justices agreed to hear it, I doubt that Florida would get five to overturn the ruling. 

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