Florida Republican Gov. Ron DeSantis at a press conference discussing his Stop Woke Act (Photo courtesy of Facebook).

By David L. Snelling

MIAMI – As Florida Republican Gov. Ron DeSantis is set to leave political office this year due to term limits, a federal appeals court dealt him a devastating blow to his legacy.

The DeSantis-led Stop Woke Act, which restricts schools teaching about racism, gender and other systemic issues, was shot down last week by federal appeal judges, upholding a lower court’s decision.

The Stop Woke Act went into effect in July 2022, sparking public outcry from Black leaders and the LGBQT community on Florida’s efforts to whitewash Black history and suppress important discussions about systemic racism and inequality.

The law is a broader effort by Florida to limit discussions around race and gender, and protect individuals who people labeled racist because of their race history, and that they shouldn’t feel guilt or anguish due to past actions of their heritage.

DeSantis condemned the court’s decision which defeated his Stop Woke Act agenda on social media.
“State universities are funded by taxpayers and directed by elected officials and their appointees,” DeSantis wrote, reiterating an argument made by the state in the lawsuit spanning four years. “The state has both a right and a responsibility to ensure instruction at these universities is consistent with the underlying mission and to exclude indoctrination and ideological agendas.”

In the case of Pernell versus Lamb, in a 2-1 decision, U.S. Court of Appeals Judges Britt Grant, appointed by President Trump and Charles Wilson, nominated by former President Bill Clinton, agreed that the Stop Woke law violates First Amendment rights, and trusts students to figure out the complete history of systemic racism.

Judge Barbara Lagoa, another Trump appointee and a former Florida Supreme Court justice picked by DeSantis, dissented.

Lagoa argued Florida acted within its authority to control what professors may endorse in state-sponsored classrooms.
“The First Amendment protects all viewpoints in the public square, whether they are conventional or controversial,” Lagoa wrote. “But it does not compel all viewpoints to be worthy of state-sponsored endorsement.”

The American Civil Liberty Union (ACLU) , which was among the plaintiffs in the lawsuit, said the ruling sets a strong precedent that higher education cannot be limited to the whims of politicians.
“All students and educators deserve to have a free and open exchange about ideas without government control,” said Leah Watson, senior staff attorney with the ACLU’s Racial Justice Program. Students can’t fight racial discrimination that they don’t see; training and instruction is key to empowering future leaders to pursue racial justice.”

Florida professors at public universities said the act impacted their teaching on history.
“We are thrilled the court has stopped the erasure of topics that have real implications for our students, allowing them to learn, discuss, and develop tools for combatting the complex issue of racism in our country without being gagged by those who would dictate that only state-approved thought may be promoted,” said LeRoy Pernell, a Florida A&M University College of Law professor and the named plaintiff in this lawsuit.

Florida Attorney General James Uthmeier praised Lagoa after the ruling, writing on X that she “may be the best jurist in our country” and “should be be on the SCOTUS.

The Stop Woke Act has been challenged in the courts since the law was enacted.

Critics argued it constitutes viewpoint and discrimination and violates the rights of the First Amendment.

In 2022, a U.S. district judge issued a preliminary injunction against the law’s workplace training provisions, stating that it imposed unconstitutional restrictions on free speech.

The ruling was upheld by the Eleventh Circuit Court of Appeals in March 2024, leading to a permanent injunction against the law’s enforcement in workplace settings

Another part of DeSantis’ Stop Woke Act, which restricts workplace training, was also defeated in the courts.

Photo courtesy of Facebook