Another Day, Another Blatant Attack On The 1st Amendment From The Florida GOP

from the papers-please dept

I keep hearing people pretend that the GOP in general, and Florida GOPers more specifically, and Governor Ron DeSantis most specifically, are fighting for “free speech,” when they continually seem to push blatantly unconstitutional legislation designed to attack free speech and the 1st Amendment in a way that keeps getting Florida shot down in court by judges (while wasting tons of taxpayer money).

But they just don’t stop. The latest is a laughably unconstitutional bill from Florida Senator Jason Brodeur, SB 1316, that violates the 1st Amendment in so many different ways.

The bill has a section on “blogger registration and reporting.” Basically, any blogger reporting on the Florida government in a professional (paid) capacity has to register with the government and file “monthly reports” on who is paying them and how much they’re being paid.

286.31 Blogger registration and reporting.—

(1) As used in this section, the term:

(a) “Blog” means a website or webpage that hosts any blogger and is frequently updated with opinion, commentary, or business content. The term does not include the website of a newspaper or other similar publication.
(b) “Blogger” means any person as defined in s. 1.01(3) that submits a blog post to a blog which is subsequently published.
(c) “Blog post” is an individual webpage on a blog which contains an article, a story, or a series of stories.
(d) “Compensation” includes anything of value provided to a blogger in exchange for a blog post or series of blog posts. If not provided in currency, it must be the fair-market value of the item or service exchanged.
(e) “Elected state officer” means the Governor, the Lieutenant Governor, a Cabinet officer, or any member of the Legislature.
(f) “Office” means, in the context of a blog post about a member of the Legislature, the Office of Legislative Services or, in the context of a blog post about a member of the executive branch, the Commission on Ethics, as applicable.

(2) If a blogger posts to a blog about an elected state officer and receives, or will receive, compensation for that post, the blogger must register with the appropriate office, as identified in paragraph (1)(f), within 5 days after the first post by the blogger which mentions an elected state officer.

(3)(a) Upon registering with the appropriate office, a blogger must file monthly reports on the 10th day following the end of each calendar month from the time a blog post is added to the blog, except that, if the 10th day following the end of a calendar month occurs on a Saturday, Sunday, or legal holiday, the report must be filed on the next day that is not a Saturday, Sunday, or legal holiday.
(b) If the blogger does not have a blog post on a blog during a given month, the monthly report for that month does not need to be filed.
(c) The blogger must file reports with the appropriate office using the electronic filing system:

1. As provided in s. 11.0455 if the blog post concerns an elected member of the Legislature; or
2. As provided in s. 112.32155 if the blog post concerns an officer of the executive branch.

(d) The reports must include all of the following:

1. The individual or entity that compensated the blogger for the blog post.
2. The amount of compensation received from the individual or entity, regardless of how the compensation was structured.

a. The amount must be rounded to the nearest $10 increment.
b. If the compensation is for a series of blog posts or for a defined period of time, the blogger must disclose the total amount to be received upon the first blog post being published. Thereafter, the blogger must disclose the date or dates additional compensation is received, if any, for the series of blog posts.

3. The date the blog post was published. If the blog post is part of a series, the date each blog post is published must be included in the applicable report. 4. The website and website address where the blog post can be found.

This is… not how any of this works. The government cannot require “journalists” to register. They especially cannot have this registration only apply to journalists writing about elected officials. The government cannot demand they file monthly reports. The government cannot demand they reveal who is paying them or how much. The whole thing is nothing but blatant journalist intimidation, and clearly a violation of the 1st Amendment.

But, of course, Brodeur (and DeSantis) don’t care one bit about free speech or the 1st Amendment. They care about culture wars and setting up the media that is exposing their nonsense as “the enemy.” And throwing the 1st Amendment in the trash and lighting it on fire while dancing around the bonfire destroying free speech seems to be the method they’ve taken.

That doesn’t change the facts, of course. This is a blatant attack on free speech, the 1st Amendment, and a free press. I am sure that we will have the usual crew of commenters who have been pretending for months that they support free speech and will somehow twist themselves around to pretend that this is not an attack on free speech. Just think how pathetic that is: pretending to be a free speech warrior while cheering on the government spitting on the 1st Amendment.

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Comments on “Another Day, Another Blatant Attack On The 1st Amendment From The Florida GOP”

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Anonymous Coward says:

The Florida GOP Seems Confused

I thought they were arguing that we had a First Amendment right to see the President’s son’s penis.

Then they argue that we don’t have a First Amendment right to mock a kid wearing a red hat.

Now they’re arguing that bloggers don’t have a First Amendment right to be anonymous.

Get it together, Florida.

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Matthew M Bennett says:

Re:

You don’t have a 1A right to claim the kid in the red hat was being aggressive to the old guy when the reverse is true, and in fact quite a few publications had to pay (probably) several million dollars over that.

Because 1A and defamation law are largely separate things. Which Masnick is apparently too dumb to realize.

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Anonymous Coward says:

Re: Re:

You don’t have a 1A right to claim the kid in the red hat was being aggressive to the old guy when the reverse is true,

Most news reports accurately reported that the kid was a part of a crowd that was jeering and standing in front of the guy’s way. By your own argument, you’re now defaming the older gentleman because he wasn’t being aggressive. He walked up and sang a song.

and in fact quite a few publications had to pay (probably) several million dollars over that.

There’s a lot of weight hanging on that probably. Best estimates from experts is that he walked away with fuck off money, and not millions.

Because 1A and defamation law are largely separate things. Which Masnick is apparently too dumb to realize.

The first amendment already has exceptions for unprotected speech like defamation though, so when Mike says this violates the first amendment, he’s not saying defamation is legal. You’re fighting with a strawman. And the strawman is winning.

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Matthew M Bennett says:

Re: Re: Re:

Most news reports accurately reported that the kid was a part of a crowd that was jeering and standing in front of the guy’s way.

No, they didn’t but no, not even that was true. The old man came up to them and was banging a drum in their faces cuz he didn’t like their attire.

Best estimates from experts is that he walked away with fuck off money, and not millions.

No, best estimate was millions.

The first amendment already has exceptions for unprotected speech like defamation though, so when Mike says this violates the first amendment,

So you’re just unfamiliar with the other article, then.

Stephen T. Stone (profile) says:

Re: Re: Re:2

No, they didn’t

Show me which of the papers sued by Sandmann said anything other these facts: He was there, he was part of a crowd, and that crowd had a confrontation with a Native American man. And I’ll note that context in terms of the timing of what information was available when is important here:

but no, not even that was true

Initial reporting was based on an incomplete video of the incident, so saying “they lied” when they didn’t have all the information would be you trying to bullshit your way through this point. Once a longer video of the incident came to light, outlets updated their reporting based on what they saw in that longer video.

best estimate was millions

Key word: “best”. And I’m sure the people who made that estimate had absolutely nothing whatsoever to gain from portraying Sandmann as a vindicated “pro-life” conservative martyr who stood up to Evil Mainstream Media Outlets~.

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Anonymous Coward says:

Re: Re: Re:2

The old man came up to them and was banging a drum in their faces cuz he didn’t like their attire.

Holy mind reading miracle, Batman! You know his motives and how they’re contrary to what he and others have said. Do you perform shows in Vegas? You could make some money off this trick.

No, best estimate was millions.

Some Lawyers Think Covington Catholic’s Nick Sandmann Walked Away from Media Lawsuits with Peanuts

So you’re just unfamiliar with the other article, then.

I’m familiar with the other article and your usual bullshit. The irony is that you bitch about “Masnick says ‘red team bad!’ and yet your entire schtick on this website is just ‘Masnick bad!'”

I know it’s useless to mention this since you’re either financially incentivized to post here or clinically diagnosable with a condition that compels you to seek negative attention, but you don’t have to read or respond to articles on this site. You’re not some brave knight fighting a dragon. You’re a troll spewing worthless bile.

When you criticize Mike for posting content you disagree with, you’re only insulting yourself by pointing out that you’re obsessed with responding to almost every article with seething vitriol. I will literally contribute a few bucks to a GoFundMe if you post a link to a campaign to get you some therapy.

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Matthew M Bennett says:

Just admit this is a political attack blog, not a tech blog.

This (proposed) law btw, actually is unconstitutional, and violates the 1A, but it also doesn’t have anything to do with DeSantis, does it? But you’re gonna link it to DeSantis cuz you’re a hard partisan and DeSantis the next, biggest threat to progressive’s (awful) goals.

DeSantis’s proposed law to make defamation law more clear and robust has very little to do with the 1A and is clearly consitituional but for a bit of judicial activism from the Warren court (of which there were many). But you’re gonna hate on it cuz again, whatever a liberal opposes must be labeled “nazi”. It also, notably, has nothing to do with THIS.

But none of those facts matter to you because this is about partisanship and politics to you, not the 1st amendment (which you don’t understand, even though you’ve probably given speeches on it, which is both hilarious and sad) and it barely has anything to do with tech.

This law is bad, the other fine, probably good, and it doesn’t matter cuz you might as well label all your articles “Red team bad”.

Anonymous Coward says:

Re: Re: Words have consequences

Eh, I see his name on the comment, I burn the comment regardless of content.

He’s happy to post outrageous things … (“for the clicks”)
… and not provide evidence about them (because people debunk them).

So yeah. He could say “I repent my Musk fanboyism” and I’d still burn him. You make a rep, you gotta live with it.

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Paul B says:

Re: Fairly Sure

Your smoking something, Techdirt will call out anyone being dumb. Republicans as a whole tend to do more dumb things. Off the top of my head I can call out Inbox Spam, Trump asking for donations for someone else then giving 90% to himself, and one guy saying so many lies that his own party wont talk to him, but he keeps his job somehow.

Dems are not immune to this stuff, I can point to countless bills passed through democratic held congress that are stupid, not well thought out, or actively hurt people. I can also call out Dems who have done bad things, or the fact that Biden had some classified docs that were not kept safe. But you know what, Dems try to fix stuff, or ask members to resign if they did something awful or even just look bad.

Trump bad man not because I have an axe to grind, but because he honestly wastes money by filing unlimited insane lawsuits against rivals, did not own up after being asked about classified docs, and broke almost every norm he could in a quest for personal power.

But honestly Post articles about Dems being dumb, Techdirt will post those too. Only you might find that the person in trouble might be quitting, not getting reelected, or going to jail.

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Stephen T. Stone (profile) says:

Re:

This (proposed) law btw, actually is unconstitutional, and violates the 1A, but it also doesn’t have anything to do with DeSantis, does it?

This story has to do with the Florida GOP. The most high-profile representative of that political group, at least as far as public officeholders go, is currently the governor of the state of Florida. Guess who that is!

DeSantis’s proposed law to make defamation law more clear and robust has very little to do with the 1A

That proposal has everything to do with the First Amendment because defamation law is one of the few exceptions to the First Amendment’s protections against government intrusion into speech. Whatever changes he wants to make to defamation law will have to take that into account.

you’re gonna hate on it cuz again, whatever a liberal opposes must be labeled “nazi”

A conservative is not necessarily a fascist⁠—but fascists are almost always conservative.

this is about partisanship and politics to you

Do you see Democrats passing laws that ban conservative-leaning/conservative-authored books from public/school libraries? Do you see Democrats passing laws that enforce gender-nonconforming dress codes? Do you see Democrats passing laws that force women to have abortions even if the pregnancy is wanted?

Because I see Republicans passing laws that ban pro-queer books from public/school libraries, enforce gender-conforming dress codes (i.e., ban public drag performances), and forcing women to carry pregnancies to term depending on where they live.

This is political and partisan whether you like it or not. Get used to it, sunshine.

This law is bad, the other fine, probably good, and it doesn’t matter cuz you might as well label all your articles “Red team bad”.

This blog has openly criticized Democrat lawmakers in the past whenever they’ve proposed short-sighted anti-1A bullshit bills and come out against Section 230. That you see this blog as leaning “anti-Republican” is largely the fault of the GOP for doing that shit more often (and with far more openly fascist fervor) than the Democrats. The GOP is now the party of American fascism; Trump emboldened that evolution and DeSantis is taking it to its logical endgame. Don’t shit on Mike because the Republicans decided that queer people should be “othered” out of society and dissent against GOP leaders is tantamount to treason⁠—he didn’t make any of them become Trumpists by writing about their bullshit.

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Anonymous Coward says:

Re: Re:

He’s here to harass Mike and Techdirt in general, he has even said so. The reasons why doesn’t really matter since by all evidence he has some psychological problems that should be dealt with. Until something happens he will keep up the harassment, which if you missed it, he’s very proud of.

My advice, don’t interact with him because that just feeds his ego, just flag and ignore.

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That One Guy (profile) says:

You can vote pro-republican or pro-america, not both

One need only flip this around to expose how blatantly unconstitutional it is, just imagine the screams of outrage if a democrat on the state or national level demanded that anyone who wants to write about democrat politicians has to register with the state/federal government and give them all that information lest they face consequences.

It would be a matter of seconds before republicans were screaming about the assault on their first amendment rights and how the democrats were trying to silence republican bloggers/reporters so the fact that another florida republicans is doing this in attempt to garner support just shows how much hatred he believes(right or wrongly) republicans in that state have for the first amendment and free speech.

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Sober says:

laughably unconstitutional

Yup, this Florida item is a doozy!

But if yer gonna get picky about constitutionality,
then > 80% of U.S. law js laughably unconstitutional.

Most everybody considers the Constitution to be merely a guideline, where one can readily choose the parts to obey or ignore on any given day.

This is especially true of both major political parties.

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Anonymous Coward says:

“(a) “Blog” means a website or webpage that hosts any blogger and is frequently updated with opinion, commentary, or business content. The term does not include the website of a newspaper or other similar publication.”

Was this written by ChatGOP?

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That Anonymous Coward (profile) says:

Another fun fact I picked up over at JoeMyGod.com

Brodeur first appeared on JMG in 2011 when as a member of the Florida House he introduced a bill that made it a crime for doctors to ask potentially mentally ill patients if they owned guns. Brodeur was elected to the Florida Senate in November 2022 after a “ghost candidate” siphoned votes away from a challenger with a similar name. Brodeur was accused of planting the fake candidate by imprisoned Matt Gaetz crony Joel Greenberg.

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Hyman Rosen (profile) says:

Of course this bill is idiotic and would be unconstitutional if passed, which is unlikely. Just as anyone can file a lawsuit making any claims they want, any legislator can propose a bill containing anything they want. Stupid legislators like Brodeur will produce stupid bills.

I’m curious who you think has been claiming that Republicans, Florida or otherwise, DeSantis or otherwise, are fighting for free speech? Republicans are, and always have been, opposed to freedom, whether it’s library censorship, pushing religion in schools, trying to shut down drag shows, trying to shut down live or published porn, forcing recitation of loyalty oaths, and on and on.

The Republican opposition to New York Times Co. v. Sullivan is certainly against freedom of speech, not for it. If anything, all defamation claims should be held to the actual malice standard, not just claims against certain special people.

The only thing I can think of is Citizens United, where liberals were totally against freedom of even clearly political speech, and sought to shut down such speech using the excuse that the speakers had organized themselves as a corporation, and then falsely claimed that such silencing was OK because “corporations are not people” and that their opponents believed otherwise.

Republicans make occasional noise about opposing cancel culture, but only in self-serving ways, when the speech that is canceled is something they favor. They didn’t oppose retaliation against athletes who knelt during the Anthem, for example.

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Anonymous Coward says:

Re: Re:

You straight white trash are the worst thing to come out of the gene pool. You have nothing to contribute but waste products and rape babies, and you know it. Your relevance on this planet and society is fading away and you’re afraid. You’re afraid like the bug getting mind read by Neil Patrick Harris in the Starship Troopers movie because getting touched by us “teh gheys!” always makes you piss yourself because you get confused boners hiding away in your Catholic closet.

You’re going to get fucked, Hyman.

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Tanner Andrews (profile) says:

requiring journalists to register

The government cannot require “journalists” to register

From proposed S:286.031, ``The term does not include the website of a newspaper or other similar publication. See SB 2023-1316, pg 5, lns 142..143.

So, in theory, I am safe. This year. My column runs in a regular newspaper and shows up on their web site. Next year, if they read what I say about them this year, the exclusion may change.

In fact, things may change sooner. Earlier this week when I checked on bill status, it had just been filed and assigned, but not yet sent through the sausage mill.

None of this can overcome the stench of unconstitutionality from the bill. On the other hand, in Tallahassee, there is not all that much concern about constitutionality.

Insert obligatory comment here about proximity between Chattahoochee and Tallahassee.

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