A federal appellate court is temporarily allowing Florida to enforce the 2021 state law imposing harsher penalties for protesters who engage in violent or disorderly conduct.
The unanimous decision by a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit reverses a federal trial judge’s ruling blocking the law because its definition of the word “riot” was too vague. Now, the Eleventh Circuit is sending the dispute between several civil rights organizations and Gov. Ron DeSantis back to the lower court.
Although temporary, the reversal of U.S. District Judge Mark Walker’s preliminary injunction means that DeSantis is likely to prevail against the legal challenge to (HB 1), officially labeled the “Combatting Violence, Disorder, and Looting, and Law Enforcement Protection Act,” but better known as the “Anti-Riot Act.”
“The plaintiffs’ fear of guilt by association under the statute is also unfounded,” wrote Judge Jill Pryor in the 17-page opinion. She was appointed to the 11th Circuit by former President Barack Obama. “If a protestor lacks the ‘intent to assist others in violent and disorderly conduct,’ the spontaneous violence of unrelated individuals is not enough to trigger liability under the statute.”
She added: “The statute does not broadly prohibit constitutionally protected speech. Nor does it reach the plaintiffs’ hypothetical photographing or videotaping of police officers at a violent protest, so long as the photography or videography is not intended to assist others in carrying out violence.”
Much of the appellate court’s opinion hinges on the Florida Supreme Court’s interpretation of the law. In June, the Florida court ruled that the law didn’t apply to peaceful protesters who happened to be with a crowd that turned violent. Both DeSantis and the ACLU of Florida celebrated the state Supreme Court’s opinion at the time, with the civil rights organization calling it a “monumental victory for protesters.”
Daniel Tilley, the ACLU of Florida’s legal director, also celebrated Monday’s ruling, writing in a statement that HB 1 threatened Black Floridians who have been criminalized and targeted for exercising their rights.
“Today’s decision reaffirms important legal protections that will benefit anyone who wants to take a public stand to demand racial justice, as well as all Floridians who want to peacefully demonstrate for what they believe in without fear of reprisal,” Tilley wrote.
Walker will have to reevaluate the law in accordance with the appellate ruling.
Pryor thanked the Florida justices for their input in the ruling.
The Florida Legislature passed the law the spring after protests broke out throughout the state and nation against police brutality after George Floyd’s murder by Minneapolis Police Department officers.
After the law’s passage, groups such as Dream Defenders, the Florida State Conference of the NAACP, Black Collective Inc., Chainless Change Inc., and Black Lives Matter Alliance Broward filed suit in the U.S. District Court for the Northern District of Florida. The groups claimed the law chilled First Amendment rights.
This story has been updated to include comment from the ACLU of Florida sent to Florida Phoenix after publication.
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