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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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Florida

Former teammate of Ewers, Manning at Longhorns could join Florida Gators through transfer portal

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Former teammate of Ewers, Manning at Longhorns could join Florida Gators through transfer portal


The transfer portal continues to generate moves in the NCAAF, even now during crucial moments for the season’s conclusion. The Texas Longhorns, led by Steve Sarkisian, surprisingly lost one of their WRs this fall, who was a key piece alongside Quinn Ewers and Arch Manning. All signs point to his destination finally being Gainesville, where he would join Billy Napier’s Florida Gators.

Johntay Cook arrived at Texas in 2023 from DeSoto High School and, during his time with the Longhorns, became an important player on the offense. However, surprisingly, he decided to leave the program and, after several meetings, could end up with the Gators to help DJ Lagway have a great campaign next season.

The news was reported by Pete Nakos on On3’s, who made it clear that while nothing is confirmed, all signs point to Cook continuing in the SEC next year, specifically wearing the Florida Gators’ jersey.

“Coming off trips to Florida and Washington, the momentum sits with the Gators as Johntay Cook was able to spend one-on-one time with true freshman star DJ Lagway,” Nakos said. “I’ve logged a prediction for Cook to land in Gainesville.”

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Johntay Cook II 1 of the Texas Longhorns warming up before the game vs the UL Monroe Warhawks at DKR-Memorial Stadium.

Cook ends his Longhorns career with just 16 catches for 273 yards and two touchdowns across two seasons. If his move to the Gators is confirmed, the WR will face his former team on October 4, 2025, in Gainesville.

NCAAF News: Jalen Milroe weapon leaves Kalen DeBoer’s Alabama for Michigan

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Sarkisian doesn’t want to repeat mistakes in the matchup against Arizona State

On January 1st, the team lead by Quinn Ewers will face the Arizona State Sun Devils in a Peach Bowl matchup. In this high-stakes game, head coach Steve Sarkisian knows they must minimize the margin for error following their recent games against Georgia and Clemson.

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“We had a real come to Jesus meeting after the SEC Championship game when we essentially lost that game because of the penalties,” Sarkisian said to the press. “We just said we’re not going to do that anymore, and we’re going to play as clean football as we can play, as fundamentally-sound football as we can play. Still be aggressive. We never want to lose our stinger, we never want to lose our aggressiveness, but we can play smarter.

“I critiqued one of the penalties that we got today, you can’t hit the quarterback late, and that was one of our two penalties Saturday,” Sarkisian said. “So we are continually trying to preach playing smarter football as well as playing hard and playing tough and playing physical. But quite frankly, that just came out of a come to Jesus meeting coming out of the SEC championship game.”

Texas Longhorns

Texas head coach Steve Sarkisian looks on during the first half of the college football game between the Texas A&M Aggies and the Texas Longhorns on November 30, 2024 in College Station, Texas.Texas head coach Steve Sarkisian looks on during the first half of the college football game between the Texas A&M Aggies and the Texas Longhorns on November 30, 2024 in College Station, Texas.

Zac Swanson seeks redemption against the Horns

When the Longhorns face the Sun Devils on January 1st, they will see many familiar faces on the opposing team. One of them is none other than Zac Swanson, who once wore the Texas colors and left the program under unfavorable circumstances.

When asked about the situation where Swanson will face his former team, he didn’t hold back in his response: “That’s my dream…That’s a team that kicked me out,” Swanson said. “They said if you want to stay at Texas, you might as well quit football and just go to school here. So, a lot of motivation there for me.”

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Rather than wanting to confront, Sarkisian spoke to the press and expressed his happiness that his former players could be part of this great game: “For them to be in the quarterfinals of the CFP, I’m really happy for those guys,” Sarkisian said. “Our players were talking about it today, so and so, you know that name started popping up again today. I do think that’s the era of college football where we’re at now.”





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Florida

South Florida rings in Christmas with 5OT win in Hawaii Bowl

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South Florida rings in Christmas with 5OT win in Hawaii Bowl


A very merry Christmas to South Florida. (Photo by Darryl Oumi/Getty Image

Twas the night before Christmas, when all through the house
Not a creature was stirring, not even a mouse;
The stockings were hung by the chimney with care
As South Florida won the Hawaii Bowl by a hair.

As much of the nation’s children were sleeping with dreams of Santa, the Bulls were winning one of the wildest games of bowl season, a five-overtime, 41-39 thriller over San José State in the Hawaii Bowl. It was the NCAA’s first bowl or postseason game to go more than three overtimes.

The game nearly ended in a back-and-forth regulation, however, as South Florida got the ball back with less than a minute left and down by three points. A good punt return and pair of first downs got them into field goal territory, at which point kicker John Cannon got a charitable bounce to tie the game.

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Overtime then developed into a classic college football shootout, with the teams exchanging touchdowns, then field goals, then two-point conversions, then failed two-point conversions. With each set of plays, the game inched toward midnight ET, until it was finally Christmas for much of the country.

The game ended a half-hour later, when USF converted its two-point attempt and got the stop it needed.

USF got the win despite being outgained 441-291 and gaining only 1.6 yards per rush. Its biggest plays came on special teams and defense, including a 93-yard kick return touchdown by Ta’Ron Keith. USF quarterback Bryce Archie finished 24-of-34 with 235 passing yards and an interception.

It was the kind of game designed for the people who want to spend the final hours of Christmas Eve cheering for a tug-of-war between two Group of 5 programs. The win gives South Florida back-to-back winning seasons and bowl wins, having gone 7-6 last year with a win in the Boca Raton Bowl.



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1 killed, several injured in Florida boat explosion

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1 killed, several injured in Florida boat explosion


1 killed, several injured in Florida boat explosion – CBS News

Watch CBS News


At least one person was killed and six others injured when a boat exploded in a marina in Fort Lauderdale, Florida. Three people suffered traumatic injuries. Cristian Benavides reports.

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