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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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California Disney characters are unionizing decades after Florida peers. Hollywood plays a role

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California Disney characters are unionizing decades after Florida peers. Hollywood plays a role


During three years of working as a parade performer at the Disneyland Resort in Southern California, Zach Elefante always has had a second or third job to help him earn a living.

Unlike the experiences of his peers at Disney’s parks in Orlando, Florida, where there is a much smaller talent pool, the performers who play Mickey Mouse, Goofy and other beloved Disney characters at the California parks aren’t always provided a consistent work schedule by the company.

It’s among the reasons the California performers are organizing to be represented by a union now, more than four decades after their Florida counterparts did so.

While Disney asks character performers to be available to work at any time, that demand isn’t always rewarded with scheduled work hours, the California performers said.

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“A lot of performers get the sense that if they don’t give their full availability, we won’t be in shows … and that will impact other jobs we need to sustain a living in this area,” said Elefante, who lives in Santa Ana, California.

Earlier this month, the California character performers and the union organizing them, Actors’ Equity Association, said they had filed a petition for union recognition.

It’s a different era and a different union doing the organizing this time around, so the California character and parade performers likely will avoid some of the bad blood that the Disney performers in Florida have experienced with their union, the International Brotherhood of Teamsters.

It has been a rocky four-decade marriage in Florida between the performers who put the “magic” in the Magic Kingdom and the Teamsters, a union historically formed for transportation and warehouse workers which had deep ties to organized crime until the late 1980s.

Why now for the California character performers, so many decades after their Florida counterparts organized? Unlike in Florida where performing as a character often is a full-time job, many of the character performers in Southern California have multiple other gigs, often in Hollywood movies and TV.

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Elefante performs at rival Universal Studios Hollywood and works as a tour guide for the movie studios. In addition to performing in the “Fantasmic!” show at Disneyland, Chase Thomas works as the director of operations for a theater festival and previously has had jobs as a visual effects coordinator and entertainment licensing agent.

Angela Nichols moved to California to be a TV writer and often works as a writer in addition to her job as an entertainment host at Disneyland, where she assists the character performers when they’re interacting with guests.

“Disney really is a cornerstone of the stories we grow up with in our culture. Being able to watch people immersed in these stories and live it out is magical,” Nichols said. “And when we’re being supported as cast members and performers, we’re able to make that happen. We’re just not being set up for success in the way we need to be at this time.”

When many of their Hollywood gigs dried up because of the COVID-19 pandemic, and the recent actors’ and writers’ strikes, the character performers wanted more consistent scheduling at Disneyland once it reopened after a yearlong, pandemic-related closure. The pandemic also made them more alert to health and safety concerns concerning things like hugging guests or having sanitary costumes.

Most of the more than 35,000 workers at the Disneyland Resort in Southern California already were unionized, and the parades and character department members were among the holdovers.

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“A lot of cast members want to do this fulltime and make it work,” Thomas said.

Unlike their Florida counterparts, the character performers in California are being organized by a union devoted to performers. As such, Actors’ Equity Association officials understand the unique needs of the theme park performers in ways that would be difficult for other unions to grasp.

When there is a new stage show, the shoes of the costumes need to be tested to make sure the performers won’t trip or slip on stage. Union representatives make sure “face performers,” whose faces are visible, such as Cinderella, have the right makeup and double check that parade dancers have ice packs available to nurse sore knees.

Unclean costumes are a perennial problem, and it was a top reason for the Florida performers wanting to organize with the Teamsters in the early 1980s. The other reasons included kids kicking Disney villains like Captain Hook in the shins and adults grabbing at the chests of performers playing Mickey Mouse to see if there was a man or woman underneath.

Clean costumes were so important to the Florida character performers that more than two decades ago the Teamsters succesfully inserted a contract clause to assign individual undergarments that the performers could take home to wash after pubic lice and scabies were shared via the garments.

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There always existed a culture clash in Florida between the costumed character performers and the traditional Teamsters union leaders of truck drivers and warehouse workers. The drivers often viewed the performers as living charmed lives, paid to dress up every day as if it were Halloween.

Those tensions came to a head in the late 2010s as a new leader of the local Teamsters affiliate in Orlando began targeting the costumed character performers for harassment. The character performers pushed back and the fight went up to James Hoffa, then-head of the International Brotherhood of Teamsters, who intervened.

In California, Elefante is hopeful union representation will give performers a voice in decisions about issues including the larger-than-life costumes, which can cause long-term injuries when ill-fitted, and the safety of performing in parades during rain.

“It’s about having a seat at the table and being a part of the conversation from the performers’ perspective,” Elefante said.

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Associated Press reporter Amy Taxin in Orange County, California, contributed to this report.

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Mike Schneider’s book, “Mickey and the Teamsters: A Fight for Fair Unions at Disney,” was published in October by the University Press of Florida. Follow him on X, formerly Twitter.



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San Francisco 49ers pick LB Tatum Bethune in Round 7 of 2024 NFL Draft. Everything you need to know

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San Francisco 49ers pick LB Tatum Bethune in Round 7 of 2024 NFL Draft. Everything you need to know


Florida State linebacker Tatum Bethune has been picked 251 overall by the San Francisco 49ers in the 2024 NFL Draft.

He began his college career at Central Florida (UCF) in 2019 before transferring to FSU in 2022, playing two seasons in Tallahassee.

Here’s everything you need to know about Bethune.

Tatum Bethune height and weight

Bethune was measured at 5-foot-11-inches and 229 pounds at the NFL Scouting Combine.

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Tatum Bethune college, hometown

Bethune began his college career at UCF in 2019 before he transferred to FSU in 2022. He has spent the last two years in Tallahassee.

He is from Miami, Florida and attended national powerhouse Miami Central High School.

Tatum Bethune college stats, highlights

There were questions when it came to FSU’s linebacker room at the beginning of the season and Bethune played a major role in keeping play consistent.

In 2023, he recorded 71 tackles, three pass deflections and one interception.

During his entire college career, he’s recorded 340 tackles, nine pass deflections 7.5 sacks and four interceptions. 108 tackles came during his junior year at UCF.

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Bethune had two massive games this season. He recorded nine tackles in FSU’s season-opening win over No. 5 LSU, 54-24. At Wake Forest, he had nine tackles again.

One of his biggest moments came in the ACC Championship when he made a game-saving interception in the end zone in the fourth quarter, helping the Seminoles to a 16-6 win over Louisville.

While Bethune wasn’t FSU’s star linebacker, he has proven in the past to thrive in the right team environments and be a constant producer on the defensive side of the ball.

Tatum Bethune NFL Combine results

  • 40-yard dash – did not participate
  • Bench press (225 pounds) – 16 reps
  • Vertical jump – did not participate
  • Broad jump – did not participate
  • 3-cone drill – did not participate
  • Shuttle run – did not participate

Jack Williams covers Florida State athletics for Tallahassee Democrat. Contact him via email at jwilliams@tallahassee.com or on X @jackgwilliams.



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Live updates: Florida, local players going on NFL draft Day 3

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Live updates: Florida, local players going on NFL draft Day 3


UCF wide receiver Javon Baker kicked off Day 3 for Florida prospects in the NFL draft. The Patriots took him in the fourth round (No. 110 overall).

The 6-foot-1, 202-pound Atlanta native and transfer from Alabama was one of the Big 12′s top receivers last season as the Knights transitioned to a major conference. He led the league with 1,139 receiving yards, and his yards per catch (21.9) ranked second nationally. He finished with 52 catches and seven touchdowns.

Baker is the first UCF player taken so far.

Florida State had six players picked through the first two days. The Gators had one (first-round receiver Ricky Pearsall), and Miami had another (third-round pick Kamren Kinchens).

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Notable state Day 3 hopefuls include: FSU quarterback Jordan Travis, USF and Gaither High alumnus Donovan Jennings, FSU receiver Johnny Wilson, Gators offensive lineman Kingsley Eguakun and Iowa State defensive back T.J. Tampa (from Lakewood High).

We’ll update this post as more state/local players are chosen.

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