Legislators file appeal of HB1 anti-free speech bill passed post BLM protests

Legislators file appeal of  HB1 anti-free speech bill passed post BLM protests
  • Sumo

Two Democrat legislators have filed an appeal of last session’s controversial House Bill 1, the so-called “anti-riot” law, which was pushed by Republicans to punish Black Lives Matter protesters and chill free speech.

Sen. Shevrin Jones (D-Miami Gardens) and State Rep. Angie Nixon (D-Jacksonville) have filed companion bills last week — in collaboration with The Black Collective and the Community Justice Project — to undo the “Combating Public Disorder” law, which not only infringes on everyone’s First Amendments rights but also punishes local law enforcement agencies that don’t treat demonstrators like criminals.

This was Gov. Ron DeSantis priority last year. Instead of COVID-19 protections or fixing the broken unemployment system. It went with his nationally-rising profile as the great white conservative hope.

Read related: Governor’s anti-protest bill gets through first committee hearing — on partisan vote

He didn’t care about its constitutionality. It made great headlines. Who cares about a little thing like rights? A federal judge, that’s who. In September, U.S. District Judge Mark Walker temporarily blocked the enforcement of a key portion of the law, in part, because it “encourages arbitrary and discriminatory enforcement.”

Ya think?

Sen. Shevrin Jones and State Rep. Angie Nixon filed bills to undo last session’s HB1.

“HB 1 blatantly violates Floridians’ constitutionally-protected rights and is yet another demonstration of just how fragile our democracy is as power-hungry politicians attempt to silence any and all voices that disagree with them,” Jones said in a statement. “The right to peacefully assemble is fundamental to any healthy democracy and a force behind positive change throughout history. As a federal judge ruled recently, this dangerous law has no place in Florida and ought to be repealed immediately.” 

Added Nixon: “Repealing HB 1 will stop the silencing of Black and Brown communities which has always been a part of our country’s history. Instead of infringing on people’s first amendment rights, legislators should be focusing on creating policies that allow Floridians to have the freedom to be healthy, prosperous, and safe.”

Read related: Charges dropped against FIU protesters and arrest reports don’t match the 911 call

Community Justice Project Senior Staff Attorney Berbeth Foster said that GOP legislators “twisted Florida’s laws to violate the constitutional right of individuals and municipalities alike.”

George Floyd

And last month, nine Florida cities sued DeSantis because of the law’s provision to control local law enforcement budgets and decision making. 

“HB 1 is an abuse of power, the state’s attempt to silence Black people and condone violence perpetrated against them. Communities are asking more of their local elected officials, and through HB 1 the state established a process to interfere in the participatory local democracy and governance of cities,” said Francesca Menes, co-founder of The Black Collective and a 2016 State House candidate in District 108.

“Reimagining public safety is about shifting resources to where they are most needed, laying a path for our communities to thrive rather than maintaining the status quo.”

Florida’s legislature is still mostly controlled by the GOP so the chances of this bill even seeing the light of day are, at the very best, 50/50.