With a deadline of August 9th, even more parties are filing amicus briefs in support of Disney’s First Amendment lawsuit against Florida Governor and Presidential hopeful Ron DeSantis. A few days ago, a journalist advocacy group filed a brief in support of Disney’s lawsuit against DeSantis. Now, a similar brief has been filed by former governors, elected officials, and government attorneys showing support for Disney’s position.
The list of former officials included in this amicus brief includes former Minnesota Governor Arne Carlson (R), former New Jersey Governor Christine Todd Whitman (R), former U.S. Rep. Tom Coleman (R), former U.S. Rep. Claudine Schneider (R), former U.S. Rep. Christopher Shays (R), former Lt. Gov. of Massachusetts Kerry Murphy Healy (R), and others.
In the brief, the amici outline the dangers of DeSanits’ actions toward Disney from the perspective of officials who intimately know and understand the power that DeSantis holds. The amici hold that DeSantis’ actions are anti-democratic, saying that “there is no serious question that Governor DeSantis’ actions are retributive”. By taking action to actually punish Disney instead of simply engaging in a debate of ideas, the amici say that DeSantis “has thrown down nothing short of a direct challenge to the founding principles of this country”.
The brief continues by drawing a clear distinction between how the founders of the United States intended for the country to function, and how DeSantis’ actions have violated some of the most basic principles of free speech employed not only in the United States but in free countries around the world. The amici argue that “retaliation and censorship are symptoms of autocracy”, citing examples of how countries like Russia and China have used government to punish businesses and individuals for speaking out against policy. The brief says:
In following these autocratic examples, Governor DeSantis’s actions cause harm that is far broader than that suffered by Plaintiff. In choosing to punish Plaintiff in the public square for criticizing contentious legislation, Governor DeSantis has made clear that he will use the power of his office to exact retribution against any corporation that dares to “[u]se their economic power to advance” an agenda contrary to his own, or to “become political and not merely economic actors.” The Court should not validate this chilling authoritarian impulse if the promise of the Constitution is to have any meaning in the State of Florida.
The brief continues by showing the harm that DeSantis’ actions do to not only Disney directly, but to the State of Florida and the free market therein:
Governor DeSantis, by seeking to legislate economic harm on Plaintiff in retaliation for its political opposition, has signaled to the marketplace that it cannot expect the certainty and predictability it requires to safely and profitably do business in the State of Florida. Any business considering expansion or further investment in the state must now take into account not just the business risks any going concern faces, but also the risk of economic retaliation from the Governor if it publicly opposes his political positions.
The function of the brief was to register opposition to DeSantis’ Motion to Dismiss. While a litigation schedule has not yet been decided upon, the Motion to Dismiss should be resolved this month.
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