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What happened and what’s to come: A First Amendment recap of Florida’s legislative session

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What happened and what’s to come: A First Amendment recap of Florida’s legislative session


The 2024 Florida legislative session is over. Its effects are soon to come, especially as they relate to First Amendment issues.

A number of bills were passed in the session that ended Friday. They intersect — and maybe clash — with the values and five freedoms enshrined in the Bill of Rights: speech, religion, press, assembly and petitioning the government.

Here’s what readers need to know about measures implicating the First Amendment that passed and failed this session — and what they can expect in the months ahead:

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Our first story on social media bill: Florida House leader pushes social media restrictions, porn viewer age verification

Controversial from the start: Questions of parental rights raised as Florida lawmakers push social media ban for minors

Social media and porn sites

If it gets Gov. Ron DeSantis’ expected signature and survives expected court challenges, Floridians younger than 16 years old would be banned from social media platforms deemed “addictive” — unless they’re 14 or 15 and get a parent’s permission.

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While the bill (HB 3) doesn’t set age verification requirements for social media, platforms would still need to figure out how to filter out those too young or face civil penalties. But the bill, despite data privacy concerns from opponents, does require age verification to access pornographic websites.

Stripper age

Floridians soon will have to be the drinking age to be able to strip for money, if DeSantis signs this legislation.

Bill supporters said the measure (HB 7063) was about combatting human trafficking. And, despite First Amendment questions and concerns about what happens to those who’ll lose their jobs, the Legislature passed a bill banning anyone younger than 21 years old from working in an adult entertainment establishment, which includes adult bookstores and theaters. The bill also creates criminal penalties for those who hire such workers at those establishments.

Bill that drew pro-Palestinian protests

One measure (HB 465/SB 470) drew multiple pro-Palestinian protests to the Capitol. Yet, the bills didn’t move very far. Only one, the House version, made it through a single committee.

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The legislation would have yanked state scholarships or tuition aid from college students promoting a foreign terrorist group. It also would have required universities to report those students to the U.S. Department of Homeland Security if they’re in the country on a visa.

Protesters worried the bill would be used against students advocating for Palestinians and criticizing Israel for its operations in Gaza following Hamas’ Oct. 7 surprise attack.

Defamation

For the second year in a row, legislation that would make it easier to launch and win defamation lawsuits in Florida stalled after receiving a barrage of criticism from influential conservative officials and media outlets. First Amendment and media advocates also accused it of infringing constitutional rights and chilling speech.

One of its key provisions would have created the presumption that anyone publishing a false statement that relied on an anonymous source acted with “actual malice,” a key legal hurdle for public figures to win defamation lawsuit. It also would have made a new kind of legal claim against false and offensive artificial intelligence content that a “reasonable person” is likely to believe.

Artificial intelligence

As AI technology advances, so do concerns about its misuse. This session proves that, even beyond the failed defamation legislation. AI is complicated to regulate, the technology being so new and rapidly evolving that there’s numerous legal uncertainties, particularly related to the First Amendment.

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But lawmakers pushed through two notable measures. One bill (HB 919) would require disclaimers on political advertisements that use AI to deceive about a ballot issue or injure a candidate in a depiction of a person doing something that didn’t happen.

Another (SB 1680) creates a state “Government Technology Modernization Council” with the goal to make recommendations on AI regulations. It also combats “generated child pornography,” which is computer-generated portrayals of fictitious minors engaged in sexual conduct.

School chaplains

Florida lawmakers passed a bill authorizing school districts and charter schools to adopt a policy for chaplains “to provide support, services, and programs to students.” Supporters of the bill (HB 931) said it’s a win for school children, addressing concerns about youth mental health and the need for more school counselors.

Some opponents worried the bill would be a vehicle for Christian nationalism. Others had constitutional concerns and questions about the credentials of those interacting with minors who may be facing life crises.

And they warned there could be unintended consequences of opening up the door for religion in schools. The Satanic Temple has already said its ministers “look forward to participating” in Florida school chaplain programs.

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Police accountability

Bills passed that critics say would undermine the public’s ability to prevent police brutality and corruption, despite increased public attention to those issues following the police murder of George Floyd and other documented cases of police misconduct.

Lawmakers approved a bill (SB 184) that puts a 25-foot “no-go” zone around first responders like police, even though Democrats warned it could be used to prevent their constituents from documenting injustice.

Bill supporters, though, say it’s aimed at making first responders and those on emergency scenes safer. It would create a second-degree misdemeanor for anyone who, after a warning, approaches or remains within 25 feet of working first responders with the intent to harass, threaten, impede or interfere.

Another approved bill would limit what citizen police oversight boards can do and would require these panels to be re-established under county sheriffs who would appoint several members.

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Book bans

PEN America, a free speech group, recently named Florida as the No. 1 state for “book banning,” a term conservatives hate but one many people use to describe book removals from public schools. Even Gov. Ron DeSantis has called for limits to how many books the public can challenge in schools.

He got what he wanted. The Legislature passed a bill that states a “resident of the county who is not the parent or guardian of a student with access to school district materials may not object to more than one material per month.”

Yet, many — if not most of — books being removed aren’t challenged. School districts are preemptively removing them, fearful of running afoul of recently-passed state laws many view as vague.

Public records exemptions

There are more than 1,000 public records exemptions in Florida, enshrouding what was once openly available information. Continuing an annual trend, lawmakers approved a multitude of exemptions this session.

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One bill shields autopsies, photographs, videos or audio recordings of a suicide when the information is held by a state agency. Another bill conceals a swath of information in applications for the My Safe Florida Home Program, which helps Floridians harden their homes against hurricanes.

A number of exemptions didn’t reach the finish line. One would have weakened the accountability and transparency ushered in by a recent state Supreme Court ruling that said that Marsy’s Law, a constitutional amendment approved by voters in 2018, which granted a number of rights to crime victims, doesn’t guarantee anonymity for police officers — or any victim of crime.

No change to constitutional amendment process

Another session means another failed attempt to try to make it harder for Florida voters to pass constitutional amendments.

If they get enough signatures through a petition process and survive review from the Florida Supreme Court, they appear on the ballot, regardless of what Legislature’s Republican supermajority wants. Case in point: the Supreme Court is soon going to weigh in on two amendments for the 2024 election that would legalize recreational marijuana and protect abortion rights.

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But lawmakers can also get amendments on the ballot, if approved by three-fifths of each chamber. A measure (HJR 335) this session would have raised the threshold for such amendments to pass with the support of Florida voters from 60% (three-fifths) to 66.67% (or two-thirds of those voting). But it didn’t, just like years prior.

‘Woke’ in education targeted again

GOP lawmakers also pushed through a measure (HB 1291) that would ban teacher preparation programs from instruction on “identity politics” or “theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political, and economic inequities.”

PEN America said the bill was “set up for failure,” citing federal court blocks on the previously-passed “Stop WOKE Act.” That law targeted businesses’ diversity practices and trainings and what’s taught in collegiate classrooms.

Contributed: USA TODAY NETWORK-Florida. This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Douglas Soule can be reached at DSoule@gannett.com.

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Old Dominion vs. South Florida prediction: Cure Bowl odds, pick and best bet

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Old Dominion vs. South Florida prediction: Cure Bowl odds, pick and best bet


There is a reason why bettors adore bowl season. Each game feels like a series of riddles. How do these two teams match up? Will they be motivated for this game? Who is opting out? Who is even coaching this game?

All of that comes into question in Old Dominion vs. South Florida in Wednesday’s Cure Bowl in Orlando, Fla. 

Let’s try to sort through all the details for this contest, which features a spread of 2.5 points in favor of South Florida.

Cure Bowl: South Florida vs. Old Dominion odds, prediction

There’s no doubt over who the better team is in this matchup. Up until a loss to Navy on Nov. 15, it looked like South Florida was headed to the AAC Championship Game, and quite possibly, the College Football Playoff.

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But that loss ended those hopes, and subsequently allowed head coach Alex Golesh to have his head turned by Auburn. Golesh will undoubtedly bring plenty of his best players with him to the Plains, a list that could include quarterback Byrum Brown.

South Florida was in and out of the Top 25 all season long. Getty Images

Betting on College Football?


Brown has already indicated that he will opt out of the Cure Bowl, though he will serve as an assistant coach, for whatever that’s worth.

It’s hard to understate Brown’s importance to the Bulls. The 21-year-old’s statline was as impressive as just about any quarterback in the country this side of Fernando Mendoza, and he will command a whopping payday in the coming weeks as he decides whether to hit the portal or stick with USF for 2026.

The Monarchs will also be without their starting quarterback, Colton Joseph, who is entering the transfer portal after a stellar 2025 campaign. Losing Joseph’s dual-threat capabilities isn’t a good thing, but they should have a like-for-like swap with Quinn Henicle running the show.

Like Joseph, Henicle has shown he can beat you with his legs, which should keep the Monarchs in some sort of rhythm when they have the ball.

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The same can’t be said of the Bulls. Going from Brown to Gaston Moore figures to be a massive dropoff, as Brown accounted for almost 4,200 yards and 42 touchdowns when you combine his passing and rushing stats.

With all the unknowns, this feels like a coin flip, so we’ll take the plus-money on Old Dominion.

The Play: Old Dominion moneyline (+128, FanDuel)


Why Trust New York Post Betting

Michael Leboff is a long-suffering Islanders fan, but a long-profiting sports bettor with 10 years of experience in the gambling industry. He loves using game theory to help punters win bracket pools, find long shots, and learn how to beat the market in mainstream and niche sports.

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New law, recent memo outline new rules for license plate frames in Florida

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New law, recent memo outline new rules for license plate frames in Florida


TALLAHASSEE, Fla. (WCTV/WCJB) – Covering your license plate is now considered a second-degree misdemeanor in Florida.

The new law, which went into effect Oct. 1, sets new penalties for people who have coatings, covers or devices designed to shield their license plates from traffic cameras and toll cameras.

The Florida Department of Highway Safety and Motor Vehicles sent a memo to all law enforcement agencies on Dec. 12 to clarify the rules for license plate frames, which are a popular way for people to support their favorite sports teams, causes and alma maters.

The memo says the new law does not prohibit frames, as long as it doesn’t obscure the visibility of the “alpha numeric plate identifier” or the “decal located in the top right hand corner of the plate.”

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Tallahassee Police are now weighing in on the new guidelines.

“My best advice is to remain clear and visible,” said TPD Detective Michael Carter. “If you have any concerns, any doubts, just keep it clear and visible.”

Detective Carter said the new law really aims to crack down on people who have ill intent and are trying to avoid detection by traffic cameras or toll cameras.

Carter says having an unobstructed license plate helps law enforcement solve crimes.

“Let’s say you were involved in a hit-and-run — we may potentially be able to use that plate to get a lead to get a direction to start looking,” Carter said. “But if someone is actively avoiding or putting something on their plate so it’s not readable, where it can’t be detected, that’s hurting you, that’s hurting me, that’s hurting everyone.”

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TPD is one of several law enforcement agencies across the state trying to clarify the new frame rules for motorists in their area.

A social media post from the Seminole County Sheriff’s Office shared examples to help people determine if their license plate frames comply with the new rules.

The law went into effect in October and was signed by Florida Gov. Ron DeSantis on May 19.

The second-degree misdemeanor carries a penalty of up to a $500 fine, up to 60 days in jail, or both, meaning you’d have to appear in court.

But the law itself isn’t new. It used to only be a non-criminal traffic infraction.

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Muslim rights group sues Florida Gov. DeSantis over ‘foreign terrorist’ label

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Muslim rights group sues Florida Gov. DeSantis over ‘foreign terrorist’ label


ORLANDO, Fla. (AP) — A leading Muslim civil rights group in the U.S. has sued Florida Gov. Ron DeSantis over his order designating it and another organization as a “ foreign terrorist organization,” saying the directive was unconstitutional.

The Council on American-Islamic Relations, known as CAIR, has more than 20 chapters across the United States and its work involves legal actions, advocacy and education outreach.

The lawsuit was filed late Monday by the CAIR-Foundation and CAIR-Florida, its affiliate in the state. The suit asked a federal judge in Tallahassee to declare DeSantis’ order unlawful and unconstitutional and prevent it from being enforced.

“He has usurped the exclusive authority of the federal government to identify and designate terrorist organizations by baselessly declaring CAIR a terrorist organization,” the lawsuit says.

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DeSantis’ order was among a series of recent actions or statements made by Republican elected officials which target U.S. Muslims or their groups.

U.S. Sen. Tommy Tuberville, R-Ala., on Sunday posted on social media that “Islam is not a religion. It’s a cult.”

A day later, CAIR designated Tuberville, who is running for Alabama governor, as an anti-Muslim extremist for his “increasingly hateful and dangerous attacks on Alabama Muslims.” The group said it was the first time it had given a U.S. senator that designation. Tuberville responded on social media that it was a “badge of honor.” When asked Tuesday about his statements, Tuberville spokesman Mallory Jaspers repeated what Tuberville had said.

U.S. Rep. Randy Fine, R-Fla., also posted Monday on social media about his support for “a Muslim travel ban, radical deportations of all mainstream Muslim legal and illegal immigrants, and citizenship revocations wherever possible.”

“Mainstream Muslims have declared war on us. The least we can do is kick them the hell out of America,” Fine wrote.

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Anti-Muslim bias has persisted in different forms since Sept. 11, 2001, and there’s been a rise in Islamophobia during more than two years of war in Gaza.

During a news conference about the Florida lawsuit, Charles Swift, a lawyer for the Muslim Legal Fund of America, called the elected officials’ statements dangerous and bigoted.

“The Constitution protects people’s rights to be bigoted, not the government’s rights,” said Swift, whose group is one of the legal organizations representing CAIR. “When a governor issues an executive order to silence Muslims, that’s a different question altogether because if you can do that, you can silence anyone.”

CAIR said in the Florida lawsuit that it has always condemned terrorism and violence. The lawsuit alleges DeSantis targeted the group for defending the free speech rights of people in cases where state officials and officials elsewhere tried to punish or silence those who expressed support for Palestinian human rights.

The order by DeSantis last week also gives the same “foreign terrorist” label to the Muslim Brotherhood, a pan-Arab Islamist political movement. President Donald Trump last month issued an executive order that sets in motion a process to designate certain chapters of the Muslim Brotherhood as a foreign terrorist organization.

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The governor’s order instructs Florida agencies to prevent the two groups and those who have provided them material support from receiving contracts, employment and funds from a state executive or cabinet agency.

Florida has an estimated 500,000 Muslim residents, according to CAIR.

When reached by email for comment on Tuesday, the governor’s press secretary, Molly Best, referred to DeSantis’ recent social media posts on the topic in which he said he looked forward to a trial. In one post, DeSantis said, “I look forward to discovery — especially the CAIR finances. Should be illuminating!”

Texas Gov. Greg Abbott has issued a similar proclamation in Texas. CAIR last month asked a federal judge to strike down Abbott’s proclamation, saying in a lawsuit that it was “not only contrary to the United States Constitution, but finds no support in any Texas law.”

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Associated Press writers Kimberly Chandler in Montgomery, Alabama, and Kate Payne in Tallahassee, Florida, contributed to this report.

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Follow Mike Schneider on Bluesky: @mikeysid.bsky.social



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