DeSantis Seeks to Weaken Laws Protecting Journalists

Florida continues to lurch towards becoming a fascist state under Ron DeSantis and his Republican minions in the Florida legislature.   In addition to blocking those viewed as opposition from the state capital building so as to censor protests, DeSantis and company are launching an assault on journalists and seek to weaken state laws that have long protected journalists against defamation suits and frivolous lawsuits.  It's as if Florida is in the early stages of what Germany saw in the earlier days of the Nazi regime which sought to slience journalists.  The effort is part and parcel with Republicans labeling any media coverage they don't like or which exposes their wrongdoing as "fake news"  - all in an effort to undermine public confidence in the media and to keep news outlets cowed and on the defensive.  The effort is very dangerous and is yet another sign of the GOP's embrace of authoritarianism while working to undermine democracy.  A piece in Politico looks at the disturbing development.  Here are excerpts:

Florida Gov. Ron DeSantis’ broken relationship with the mainstream media could get even worse.

At the governor’s urging, Florida’s Republican-dominated Legislature is pushing to weaken state laws that have long protected journalists against defamation suits and frivolous lawsuits. The proposal is part DeSantis’ ongoing feud with media outlets like The New York Times, Miami Herald, CNN and The Washington Post

Beyond making it easier to sue journalists, the proposal is also being positioned to spark a larger legal battle with the goal of eventually overturning New York Times v. Sullivan, the landmark 1964 U.S. Supreme Court ruling that limits public officials’ ability to sue publishers for defamation, according to state Rep. Alex Andrade, the Florida Republican sponsoring the bill.

DeSantis has a combative relationship with many media outlets, refusing to conduct interviews with platforms except Fox News and building a communications team that openly brags that its role is to be antagonistic to members of the press. His former press secretary, Christina Pushaw, frequently argued with journalists on Twitter and was once suspended by the social media giant for abusive behavior.

Yet the proposed bill goes further than simply decrying media bias. Free-press advocates call the measure unconstitutional and suggest it could have far-reaching consequences beyond major media outlets.

“I have never seen anything remotely like this legislation,” said Seth Stern, director of advocacy for the Freedom of the Press Foundation. “I can’t say I have seen every bill ever introduced, but I’d be quite surprised if any state Legislature had seriously considered such a brazen and blatantly unconstitutional attack on speech and press freedoms.”

He added: “This bill is particularly remarkable since its provisions have the vocal support of a governor and likely presidential candidate.”

Andrade’s proposal incorporates many of the elements DeSantis called for during the roundtable, including:

— allowing plaintiffs who sue media outlets for defamation to collect attorneys fees;

— adding a provision to state law specifying that comments made by anonymous sources are presumed false for the purposes of defamation lawsuits;

— lowering the legal threshold for a “public figure” to successfully sue for defamation;

— repealing the “journalist’s privilege” section of state law, which protects journalists from being compelled to do things like reveal the identity of sources in court, for defamation lawsuits.

Stern said 49 states and several appellate circuits recognize a reporter’s privilege against court-compelled disclosure of source material and stressed that it’s essential for people to be able to speak to reporters without risking their jobs or freedoms.

Critics of the bill took issue with the section about attorneys fees, saying it could add a financial incentive to file defamation lawsuits and erode the laws preventing retaliatory lawsuits filed to silence criticism. Florida, like other states, has anti-SLAPP (strategic lawsuits against public participation) laws designed to help stop frivolous lawsuits.

“One of my largest concerns with the bill is the rolling back of the anti-SLAPP protection for defamation defendants,” said Adam Schulman, a senior attorney with the Hamilton Lincoln Law Institute, which advocates for free markets, free speech and limited governments. ”That’s just moving in the wrong direction.”

He said beyond large media companies, some of which have legal teams, the changes could affect the “ordinary guy” who leaves an “unfavorable Yelp review.”

Stern said the new bill would leave those protections “toothless.” Under most anti-SLAPP laws, individuals can recover attorneys’ fees if they can show they were sued in retaliation for criticizing the government.

“The new bill would change that so that plaintiffs whose lawsuits survive anti-SLAPP motions can recover their attorney’s fees,” he said. “That means the anti-SLAPP law would lose all of its value as a deterrent against powerful people filing abusive lawsuits to silence their critics.”

Be very afraid.  DeSantis is extremely dangerous and must be stopped.