Federal Judge Blocks Key Part of Florida’s Anti-CRT Law
In a significant ruling, Judge Mark Walker of the U.S. District Court in Tallahassee has permanently blocked a key provision of Florida’s Individual Freedom Act, also known as the “Stop Woke Act.” The law, which aimed to prevent private employers from conducting training inspired by Critical Race Theory (CRT) and similar ideologies, has been deemed unconstitutional by the judge. The provision in question, Florida statute § 760.10(8), violated the constitutional right to free speech, according to the court order issued on July 26.
The Stop Woke Act, signed into law by Governor Ron DeSantis in April 2022, included provisions to prevent the promotion of discriminatory instruction in public schools and workplaces. However, a group of businesses challenged the employment-related provisions, arguing that DEI training enhances productivity and that they should have the right to engage their employees in discussions on topics such as cultural competency and systemic racism.
The plaintiffs claimed that the Stop Woke Act infringed on their constitutional right to free speech. In response, attorneys representing the defendants, including Governor DeSantis, argued that the law did not limit constitutionally protected speech. They maintained that the law aimed to protect workers from being compelled to participate in mandatory DEI-related discussions or training against their will.
Judge Walker’s preliminary injunction, issued in August 2022, blocked the workplace-related provisions of the Stop Woke Act. The judge criticized the policies as “bordering on unintelligible” and sided with the plaintiffs. The 11th Circuit Court of Appeals upheld this ruling in March 2024, stating that the law attempted to control speech by recharacterizing it as conduct.
While the DeSantis administration expressed disagreement with the ruling and hinted at a possible appeal to the U.S. Supreme Court, it did not oppose the motion by the business groups to convert the preliminary injunction into a permanent one. Protect Democracy, which represented the businesses in the case, hailed the judge’s order as a “resounding defeat for imposing speech codes on business.”
This ruling reflects the ongoing debate surrounding CRT and its influence on education and workplaces. While some argue that CRT-based training is necessary to address systemic issues of racism and inequality, others believe it promotes an overly divisive narrative and restricts free speech. The decision by Judge Walker adds to the legal landscape surrounding CRT and may have implications for similar laws in other states. Ultimately, the fate of the Stop Woke Act and the broader discussion on CRT will likely be determined in the higher courts and the “clanging marketplace of ideas,” as the 11th Circuit Court of Appeals put it.
