Florida Bill Aimed at Curtailing Freedom of the Press Fails, Despite DeSantis’ Backing

The Republican-sponsored measure that tried to make it easier to sue media outlets never even made it out of the committee process in either chamber. But DeSantis and its sponsor are not giving up on what critics are calling the “Death to Public Discourse Bill.”

From a six-week abortion ban to allowing residents to carry a concealed loaded weapon without a permit, Florida’s GOP-majority legislature helped Gov. Ron DeSantis score a slew of conservative policy wins during the Legislative Session that came to a close May 5—with one notable exception.

And for a governor who loathes engaging with reporters, it’s a biggie. 

Sponsored by Rep. Alex Andrade, R-Pensacola, House Bill 991 aimed to make it easier to sue media outlets by lowering the bar on who is considered a public figure under defamation law, and what is considered defamation. In other words, HB 991 would have made it easier to sue for defamation, as it allowed for the assumption that anonymous sources are false in a defamation case, among other measures.

‘Chilling Free Speech and Silencing Critics’

HB 991 was called the “Defamation, False Light, and Unauthorized Publication of Name or Likenesses Bill,” but First Amendment activists call it the “Death to Public Discourse Bill.”

However, the bill never even made it out of the committee process in either chamber, a rare instance of the legislature bucking DeSantis, who said he wanted to make it easier to sue media outlets that, according to him, are society’s “leading purveyors of disinformation.”

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That argument is nonsense, according to Bobby Block, Executive Director of First Amendment Foundation.

“This is about intimidating free speech, chilling free speech and silencing critics,” Block said as the bill made its way through the legislative process.

Public blowback contributed to the bill’s stalling, as even right-wing media figures and outlets came out in strong opposition, worried that it would make them more vulnerable to “left-wing plaintiff’s lawyers.” 

Although the bill failed to pass this time, it remains on the radar of advocates for freedom of the press, because the governor’s contentious relationship with the media is nothing new. In fact, several Florida journalists have raised red flags over what they are view as the DeSantis administration’s ban of journalists that have expressed opposing views. 

Thomas Kennedy, a freelance journalist originally from Argentina, is among those who have called out the DeSantis administration for giving access to journalists who are, by his administration’s own standards, “friendly,” while ignoring or avoiding questions and requests from reporters who might be more critical.

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Ben Frazier, a member of the National Association of Black Journalists (NABJ), was forcibly removed and arrested at a DeSantis press conference in Jacksonville last year, simply because he was identified as a critic of the governor in the past.

“It’s as if they’re monitoring dissent,” Kennedy told Floricua. “It creates a culture that I think is really toxic for journalism.”

Rep. Andrade, the House sponsor of HB 991, said the legislation would be brought back next year. For his part, DeSantis admitted the bill “probably” needs more work.