DeSantis' 'Stop WOKE Act' Violates 1st Amendment, Court Rules: Reports

TALLAHASSEE, FL — Race-related restrictions placed on Florida employers and workplace training through Gov. Ron DeSantis' "Stop WOKE Act" were struck down Monday by a federal appeals court, per media reports.

The "Stop WOKE Act," also known as House Bill 7 stemming from a 2022 law, violates the First Amendment, the 11th U.S. Circuit Court of Appeals ruled, the Orlando Sentinel reported.

Per Axios, the act halts the requirement that workers must attend diversity and inclusion training.

State officials argued the act does not violate free speech but rather regulates "conduct," the Sentinel reported. Officials added eight race-related concepts could be addressed in the workplace though training was not to be mandated for employees, the outlet reported.

The court's ruling came after Florida businesses challenged the act, Axios reported.

“This is not the first era in which Americans have held widely divergent views on important areas of morality, ethics, law and public policy. And it is not the first time that these disagreements have seemed so important, and their airing so dangerous, that something had to be done," read the court opinion, per Axios.

"But now, as before, the First Amendment keeps the government from putting its thumb on the scale. 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."

Meanwhile, Axios reported schools could challenge the act through the U.S. Supreme Court.

Related: University Of FL Fires All Diversity, Equity, Inclusion Staff: Memo

The University of Florida in Gainesville axed its diversity, equity and inclusion office, firing all employees in that department Friday to comply with a state regulation that says Florida universities cannot utilize state or federal funding for DEI programs, according to a UF memo.

Thirteen full-time DEI positions and 15 administrative appointments for faculty were let go, the Independent Florida Alligator reported. This includes the university’s chief diversity officer.
The move also ended UF’s contracts with outside vendors.

The university is affording these former workers 12 weeks pay and said they could apply and be considered for current open positions during an expedited process.

The State Board of Education formally defined DEI initiatives as those “that categorize individuals based on race or sex for the purpose of differential or preferential treatment,” the Florida Department of Education said in a news release at the time.

"Additionally, the Office of the Chief Financial Officer will reallocate the approximately $5 million in funds — previously reported to Tallahassee for DEI expenses, including salaries and expenditures — into a faculty recruitment fund to be administered by the Office of the Provost," UF said in an administrative memo.

"Finally, the University of Florida is – and will always be – unwavering in our commitment to universal human dignity. As we educate students by thoughtfully engaging a wide range of ideas and views, we will continue to foster a community of trust and respect for every member of the Gator Nation. The University of Florida is an elite institution because of our incredible faculty who are committed to teaching, discovering and serving."