A bill that could impact Freedom of Speech in Florida

Reporter: Chris Cifatte
Published: Updated:
freedom of speech
The Florida Capitol. CREDIT: WINK News

A bill in Tallahassee has brought liberals and some conservatives together.

Critics believe the bill could eliminate some of the voices you listen to, the people you read, and what you see on TV.

House Bill 757 was introduced by Republicans, and liberal groups oppose it.

People on conservative and Christian radio said this bill could silence them instead.

“It’s an activist lawyer’s dream. I mean, almost certainly come after local folks like you and your station,” said a person who called into The Drive with Trey Radel on 92.5 FOX News.

On 92.5 FOX News, which is owned by a company affiliated with WINK, callers are worried about what this GOP-sponsored measure could mean for conservative talk radio.

“I just wanted to call, and I took the time, and I emailed all of the politicians that were on your list on Fox plus Governor DeSantis,” added a caller.

The bill pushed by Pensacola Representative and lawyer Alex Andrade has critics, like host Trey Radel, worried. They believe the bill would make it easier for public figures to sue anyone for defamation.

“Their thinking is that we’re gonna lower these thresholds or create these rules to make it easier for conservatives to sue these organizations that they believe are acting against their interests,” explained Radel. “But the reality is that this cuts both ways. You can’t just set up the rules to sue those organizations and not expose people who might report the news in a different way.”

First Amendment Lawyer Jim Lake, who works for Thomas & LoCicero Law Firm, which represents us here at WINK, said this would make liberal, conservative, and Christian broadcasters targets.

“Litigation is certainly something that’s being used against conservatives, and this would be another tool in the toolbox of folks who want to go after conservative voices,” added Lake.

Why? He felt that this bill allows something called forum shopping, which means whoever brings the suit picks the court where it will be argued.

“So a conservative broadcaster in your area might be dragged across Florida to answer for a conservative view in Broward County,” explained Lake.

Andrade, the bill’s sponsor, faced off with Radel on 92-5 FOX News and disagreed with this analysis of what the bill would do.

“There’s nothing that makes it easier to draft a defamation lawsuit,” stated Andrade.

He pointed out that judges would still be able to deny forum shopping, and he denies that the other provisions of the bill would lead to more lawsuits.

“But you’re calling it opening the gates for frivolous lawsuits,” added Andrade.

Republican Byron Donalds, who as a U.S. Congressman wouldn’t directly work or vote on a state law, agreed on 92.5 FOX News that free speech shouldn’t be limited.

“I’m an absolutist when it comes to free speech. I think that if you’re going to say something, you can be as stupid as you want to be.  And it’s important for people to read how stupid you are or hear how stupid you are,” said the Congressman.

The First Amendment Foundation, also fighting this bill, gave us an example of how it could work.

“Hunter Biden would be a good target,” said Bobby Block. “Let’s say a religious broadcaster said he, it’s absolutely clear, he’s corrupt based on what’s coming out of Washington D.C., and he’s godless, and something like that. Well, if Hunter Biden’s legal team were listening to this, they could find the most liberal part of Florida and make sure those broadcasts were accessible from Broward County, which is blue. And, they could launch his lawsuit.”

Andrade insisted the courts wouldn’t allow that. “If it’s a frivolous lawsuit being brought in Broward County about a topic being discussed in Duval County, every judge in America, not just Florida, every judge in America would be overturned on appeal.”

But listeners on this conservative talk radio station, along with its hosts and owners, said their voice, and yours, are on the line.

The Better Business Bureau opposed the bill. They said it would allow un-trustworthy businesses to claim defamation and sue more easily, costing the non-profit more to defend itself.

WINK News Anchor Chris Cifatte asked Andrade and Governor Ron DeSantis for interviews and didn’t hear back.

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