{"id":10199,"date":"2023-03-11T16:08:40","date_gmt":"2023-03-11T16:08:40","guid":{"rendered":"http:\/\/lonecandle.com\/?p=10199"},"modified":"2023-03-11T16:08:40","modified_gmt":"2023-03-11T16:08:40","slug":"desantis-wants-to-roll-back-press-freedoms-with-an-eye-toward-overturning-supreme-court-ruling","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=10199","title":{"rendered":"DeSantis wants to roll back press freedoms \u2014 with an eye toward overturning Supreme Court ruling"},"content":{"rendered":"\n

\n\n“At the governor\u2019s urging, Florida\u2019s Republican-dominated Legislature is pushing to weaken state laws that have long protected journalists against defamation suits and frivolous lawsuits. The proposal is part DeSantis\u2019 ongoing feud with media outlets like The New York Times, Miami Herald, CNN and The Washington Post \u2014 media companies he claims are biased against Republicans \u2014 as he prepares for a likely 2024 presidential bid.
 Beyond making it easier to sue journalists, the proposal is also being positioned to spark a larger legal battle with the goal of eventually overturning New York Times v. Sullivan,<\/em> the landmark 1964 U.S. Supreme Court ruling that limits public officials\u2019 ability to sue publishers for defamation, according to state Rep. Alex Andrade, the Florida Republican sponsoring the bill.”  
…
“the proposed bill goes further than simply decrying media bias. Free-press advocates call the measure unconstitutional and suggest it could have far-reaching consequences beyond major media outlets.<\/p>\n\n\n\n

\u201cI have never seen anything remotely like this legislation,\u201d said Seth Stern, director of advocacy for the Freedom of the Press Foundation. \u201cI can\u2019t say I have seen every bill ever introduced, but I\u2019d be quite surprised if any state Legislature had seriously considered such a brazen and blatantly unconstitutional attack on speech and press freedoms.\u201d<\/p>\n\n\n\n

He added: \u201cThis bill is particularly remarkable since its provisions have the vocal support of a governor and likely presidential candidate.\u201d<\/p>\n\n\n\n

DeSantis\u2019 office said he \u201cwill make a decision on the merits of the bill in final form if and when it passes and is delivered to the governor\u2019s office.\u201d”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“Andrade\u2019s proposal incorporates many of the elements DeSantis called for during the roundtable, including:<\/p>\n\n\n\n

\u2014 allowing plaintiffs who sue media outlets for defamation to collect attorneys fees;<\/p>\n\n\n\n

\u2014 adding a provision to state law specifying that comments made by anonymous sources are presumed false for the purposes of defamation lawsuits;<\/p>\n\n\n\n

\u2014 lowering the legal threshold for a \u201cpublic figure\u201d to successfully sue for defamation;<\/p>\n\n\n\n

\u2014 repealing the \u201cjournalist\u2019s privilege\u201d section of state law, which protects journalists from being compelled to do things like reveal the identity of sources in court, for defamation lawsuits.<\/p>\n\n\n\n

Stern said 49 states and several appellate circuits recognize a reporter\u2019s privilege against court-compelled disclosure of source material and stressed that it\u2019s essential for people to be able to speak to reporters without risking their jobs or freedoms.<\/p>\n\n\n\n

\u201cJournalists do not work for the government and it\u2019s none of the government\u2019s business how journalists gather news,\u201d he added.<\/p>\n\n\n\n

Andrade, however, said the privilege language in his bill would not allow a judge to force a journalist to reveal an anonymous source, but removes existing protections if they decide not to.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“\u201cThe law protects journalists from being \u2018compelled\u2019 by judges to disclose anonymous sources, but if a journalist has been sued for defamation, and wants to avoid liability, this section makes clear that they cannot claim a special privilege to avoid disclosing the source of the defamatory information and also avoid liability,\u201d Andrade said.<\/p>\n\n\n\n

Critics of the bill took issue with the section about attorneys fees, saying it could add a financial incentive to file defamation lawsuits and erode the laws preventing retaliatory lawsuits filed to silence criticism. Florida, like other states, has anti-SLAPP (strategic lawsuits against public participation) laws designed to help stop frivolous lawsuits.<\/p>\n\n\n\n

\u201cOne of my largest concerns with the bill is the rolling back of the anti-SLAPP protection for defamation defendants,\u201d said Adam Schulman, a senior attorney with the Hamilton Lincoln Law Institute, which advocates for free markets, free speech and limited governments. \u201dThat\u2019s just moving in the wrong direction.\u201d<\/p>\n\n\n\n

He said beyond large media companies, some of which have legal teams, the changes could affect the \u201cordinary guy\u201d who leaves an \u201cunfavorable Yelp review.\u201d<\/p>\n\n\n\n

\u201cAt one time, it was not considered \u2018conservative\u2019 to advocate for turning on the spigot to all sorts of troll-like civil litigation that will line the pockets of bottom-feeding plaintiffs\u2019 lawyers,\u201d Schulman said.<\/p>\n\n\n\n

Stern said the new bill would leave those protections \u201ctoothless.\u201d Under most anti-SLAPP laws, individuals can recover attorneys\u2019 fees if they can show they were sued in retaliation for criticizing the government. “<\/p>\n\n\n\n

https:\/\/www.politico.com\/news\/2023\/02\/23\/florida-gop-desantis-proposal-sue-media-00084023<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

“At the governor\u2019s urging, Florida\u2019s Republican-dominated Legislature is pushing to weaken state laws that have long protected journalists against defamation suits and frivolous lawsuits. The proposal is part DeSantis\u2019 ongoing feud with media outlets like The New York Times, Miami Herald, CNN and The Washington Post \u2014 media companies he claims are biased against Republicans \u2014 as he prepares for a likely 2024 presidential bid.<\/p>\n

Beyond making it easier to sue journalists, the proposal is also being positioned to spark a larger legal battle with the goal of eventually overturning New York Times v. Sullivan, the landmark 1964 U.S. Supreme Court ruling that limits public officials\u2019 ability to sue publishers for defamation, according to state Rep. Alex Andrade, the Florida Republican sponsoring the bill.” <\/p>\n

…<\/p>\n

“the proposed bill goes further than simply decrying media bias. Free-press advocates call the measure unconstitutional and suggest it could have far-reaching consequences beyond major media outlets.
\n\u201cI have never seen anything remotely like this legislation,\u201d said Seth Stern, director of advocacy for the Freedom of the Press Foundation. \u201cI can\u2019t say I have seen every bill ever introduced, but I\u2019d be quite surprised if any state Legislature had seriously considered such a brazen and blatantly unconstitutional attack on speech and press freedoms.\u201d<\/p>\n

He added: \u201cThis bill is particularly remarkable since its provisions have the vocal support of a governor and likely presidential candidate.\u201d<\/p>\n

DeSantis\u2019 office said he \u201cwill make a decision on the merits of the bill in final form if and when it passes and is delivered to the governor\u2019s office.\u201d”<\/p>\n

…<\/p>\n

“Andrade\u2019s proposal incorporates many of the elements DeSantis called for during the roundtable, including:<\/p>\n

\u2014 allowing plaintiffs who sue media outlets for defamation to collect attorneys fees;<\/p>\n

\u2014 adding a provision to state law specifying that comments made by anonymous sources are presumed false for the purposes of defamation lawsuits;<\/p>\n

\u2014 lowering the legal threshold for a \u201cpublic figure\u201d to successfully sue for defamation;<\/p>\n

\u2014 repealing the \u201cjournalist\u2019s privilege\u201d section of state law, which protects journalists from being compelled to do things like reveal the identity of sources in court, for defamation lawsuits.<\/p>\n

Stern said 49 states and several appellate circuits recognize a reporter\u2019s privilege against court-compelled disclosure of source material and stressed that it\u2019s essential for people to be able to speak to reporters without risking their jobs or freedoms.<\/p>\n

\u201cJournalists do not work for the government and it\u2019s none of the government\u2019s business how journalists gather news,\u201d he added.<\/p>\n

Andrade, however, said the privilege language in his bill would not allow a judge to force a journalist to reveal an anonymous source, but removes existing protections if they decide not to.”<\/p>\n

…<\/p>\n

“\u201cThe law protects journalists from being \u2018compelled\u2019 by judges to disclose anonymous sources, but if a journalist has been sued for defamation, and wants to avoid liability, this section makes clear that they cannot claim a special privilege to avoid disclosing the source of the defamatory information and also avoid liability,\u201d Andrade said.<\/p>\n

Critics of the bill took issue with the section about attorneys fees, saying it could add a financial incentive to file defamation lawsuits and erode the laws preventing retaliatory lawsuits filed to silence criticism. Florida, like other states, has anti-SLAPP (strategic lawsuits against public participation) laws designed to help stop frivolous lawsuits.<\/p>\n

\u201cOne of my largest concerns with the bill is the rolling back of the anti-SLAPP protection for defamation defendants,\u201d said Adam Schulman, a senior attorney with the Hamilton Lincoln Law Institute, which advocates for free markets, free speech and limited governments. \u201dThat\u2019s just moving in the wrong direction.\u201d<\/p>\n

He said beyond large media companies, some of which have legal teams, the changes could affect the \u201cordinary guy\u201d who leaves an \u201cunfavorable Yelp review.\u201d<\/p>\n

\u201cAt one time, it was not considered \u2018conservative\u2019 to advocate for turning on the spigot to all sorts of troll-like civil litigation that will line the pockets of bottom-feeding plaintiffs\u2019 lawyers,\u201d Schulman said.<\/p>\n

Stern said the new bill would leave those protections \u201ctoothless.\u201d Under most anti-SLAPP laws, individuals can recover attorneys\u2019 fees if they can show they were sued in retaliation for criticizing the government.”<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[1281,1736,471,971,848,138,528],"class_list":["post-10199","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-desantis","tag-first-amendment","tag-florida","tag-free-press","tag-freedom-of-speech","tag-press","tag-supreme-court"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/10199","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10199"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/10199\/revisions"}],"predecessor-version":[{"id":10200,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/10199\/revisions\/10200"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10199"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10199"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10199"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}