Desantis: Lawbreaker Or Law-Abiding?

Florida Governor Ron DeSantis has been accused of breaking the law and violating the U.S. Constitution's First Amendment protections for free speech. DeSantis has signed into law several controversial bills, including those restricting social media access for minors, banning certain classroom instruction on gender identity and sexual orientation, restricting gun permits, and limiting access to abortion and gender-affirming care. DeSantis has also faced criticism for his immigration policies and his feud with Disney. While some have praised his conservative agenda, others have raised concerns about the impact of his policies on vulnerable communities and the erosion of freedoms. DeSantis has defended his actions, citing his commitment to conservative values and law and order.

DeSantis' anti-LGBTQ+ laws

Florida Governor Ron DeSantis has been accused of targeting the LGBTQ+ community with a series of laws and policies that restrict their rights and limit their access to healthcare and education.

One of the most controversial policies is the so-called "Don't Say Gay" law, which bans classroom instruction on sexual orientation and gender identity in schools. The law was initially limited to up to third grade but was later expanded to cover all grades by the Florida Board of Education at DeSantis' request. The rule change prohibits lessons on sexual orientation and gender identity from grades 4-12, unless required by existing state standards or as part of optional reproductive health instruction.

DeSantis has also signed a bill that prevents school staff or students from being required to refer to people by pronouns that don't correspond to their sex, barring school employees from asking students what pronoun they use. The law also prohibits school staff from sharing their pronouns if they don't align with their sex.

In addition to these education-related policies, DeSantis has also targeted the healthcare rights of the LGBTQ+ community. He signed the "License to Discriminate in Healthcare" bill (SB 1580), which allows healthcare providers and insurers to deny patients care based on religious, moral, or ethical beliefs. This bill also allows healthcare employers to discriminate in hiring practices and protects doctors from discipline for spreading misinformation.

DeSantis has also taken aim at gender-affirming healthcare for transgender minors, signing a bill that makes it a felony to provide such care. This includes banning transgender people from updating their gender marker on their driver's licenses, with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) claiming that gender is the same as biological sex.

These anti-LGBTQ+ laws have sparked widespread criticism and protests, with organizations like the Human Rights Campaign (HRC) and Equality Florida condemning the governor's actions.

DeSantis' stance on abortion

Florida Governor Ron DeSantis has been a vocal supporter of anti-abortion legislation. In April 2023, DeSantis signed into law a bill banning abortions after six weeks of pregnancy, which has been dubbed the "Heartbeat Protection Act". This law includes exceptions for life-threatening medical complications and pregnancies resulting from rape or incest, which can be terminated until 15 weeks with the necessary documentation.

The six-week ban will only take effect if Florida's current 15-week ban is upheld by the state Supreme Court. DeSantis has called the rape and incest provisions in the law "sensible". He has also stated that the law expands pro-life protections and devotes resources to help young mothers and families.

DeSantis has faced criticism for his stance on abortion, with reproductive health advocates calling the parameters for exemptions restrictive. They argue that many people do not find out they are pregnant until after the six-week mark. Additionally, Democrats in the state legislature have opposed the legislation, arguing that it restricts women's health and their right to choose.

DeSantis has also been accused of attempting to prevent an abortion rights ballot measure, known as Amendment 4, from passing in Florida. This amendment seeks to override the state's six-week abortion ban and guarantee the right to abortion before fetal viability, which is generally understood to be around 24 weeks. DeSantis has defended the state's actions as a "public service announcement", despite accusations of spreading misinformation and intimidating voters.

DeSantis' immigration enforcement

Florida Governor Ron DeSantis has been criticised for his stance on immigration enforcement. DeSantis called a special session of the Florida legislature to address the "illegal immigration crisis" in the state. He proposed repealing in-state college tuition for undocumented students, requiring all law enforcement agencies to participate in the 287(g) program (which allows ICE to partner with state and local law enforcement to arrest and remove noncitizens), and expanding the Unauthorized Alien Transport Program to allow for the transportation of undocumented people outside of the US.

DeSantis's proposals were met with resistance from Senate President Ben Albritton and House Speaker Daniel Perez, who criticised the governor for attempting to "generate headlines" and ignoring the "constitutional authority" of the legislature. Albritton and Perez called their own special session, focused on immigration and overturning several of DeSantis's line-item budget vetoes. The resulting bill, known as the TRUMP Act, included some of DeSantis's proposals, such as repealing in-state tuition for undocumented students, but notably did not include his request to require all law enforcement agencies to participate in the 287(g) program.

DeSantis responded to the TRUMP Act by calling it "substantially weaker" than his original proposals and criticising its provision to give immigration enforcement powers to the state's agriculture commissioner. He also posted a video on social media, casting the bill as "window dressing" and "theatrics". The conflict between DeSantis and the Florida legislature escalated, with the governor promising to raise money for candidates who challenge his rivals in legislative primaries and for a preferred candidate for governor.

DeSantis's stance on immigration enforcement has been characterised as a "power struggle" with the legislature, with neither side willing to back down. The governor has vowed to veto the TRUMP Act, while legislative leaders have accused him of trying to remain politically relevant after being defeated by Donald Trump in the 2024 Republican primaries.

DeSantis' social media restrictions

Florida Governor Ron DeSantis has signed a bill restricting social media access for minors. The bill bans children under 14 from having social media accounts and requires 14 and 15-year-olds to obtain parental consent to access social media. The law also blocks anyone under 18 from accessing "materials harmful to minors," which could include porn sites.

The bill was initially proposed to ban all minors under 16 from social media, but DeSantis vetoed this version, arguing that it limited parents' rights. The amended version, which goes into effect on January 1, 2025, allows parents to provide consent for older children to use social media.

Supporters of the bill, including DeSantis, argue that it is necessary to protect children from the harmful effects of social media on their mental health. DeSantis stated that "social media harms children in a variety of ways," and that the legislation "gives parents a greater ability to protect their children."

However, critics have raised concerns about the bill violating the First Amendment protections for free speech. They argue that parents, not the government, should decide about their children's online presence. Meta, the parent company of Instagram and Facebook, opposed the legislation, citing concerns over limited parental discretion and data privacy.

The law defines a social media site as one that allows content uploading and viewing, employs algorithms to analyze user data, and has addictive features like infinite scrolling and push notifications. If the law becomes enforceable, social media companies could face penalties, including a $50,000 fine per violation.

DeSantis' Disney dispute

The dispute between DeSantis and Disney arose in 2022 when Disney officials expressed disapproval of the proposed Florida Parental Rights in Education Act, which was labelled by critics as the "Don't Say Gay" bill. DeSantis responded angrily, and the Florida State Legislature repealed the Reedy Creek Improvement Act that had established a special governance and taxing district around Walt Disney World in Lake Buena Vista, Florida.

The Reedy Creek Improvement Act was initially signed in 1967 by then-Florida governor Claude R. Kirk Jr. to allow Walt Disney to build a community with a focus on zoning issues. DeSantis' move to repeal the act was seen as a punishment for Disney's criticism of the "Don't Say Gay" bill.

Disney sued DeSantis in federal court, claiming that he waged a "targeted campaign of government retaliation" after the company opposed the bill. DeSantis further escalated the dispute by signing bills to enhance state oversight of the resort's monorail and undo agreements made by the Disney board before the state took over.

The lawsuit was dismissed in January 2024, with a federal judge ruling in favour of DeSantis. However, Disney filed an appeal, and the dispute continued to be a flashpoint in the 2024 Republican Party presidential primaries, as DeSantis was a potential candidate.

In March 2024, Disney and DeSantis reached a settlement, with Disney agreeing to defer briefings in the federal lawsuit while negotiating a new development agreement for Walt Disney World. The settlement marked a de-escalation in the bitter legal feud, indicating a desire by both sides to move past the skirmish and restore the historically strong relationship between Disney and Florida officials.

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