Anthony Fauci was not the only early 2020s relic to reappear in the legal scene last month. Florida’s Stop WOKE Act also made an appearance via a ruling from the Eleventh Circuit against the law. The case, Pernell v. Lamb, was the latest and likely final decision in years of litigation following the law’s passage in 2022.
Immediately following the ruling, Governor Ron DeSantis called it “judicial overreach.” State education employees, hele said, have a duty to follow Florida’s educational mission. As a matter of both principles and consequences, serving that mission requires striking down the law.
First, the principle of free speech. Florida’s defense of the Stop WOKE Act first requires an assertion that the First Amendment allows governments to decide which viewpoints may be endorsed in a university classroom. The law prevents college professors from endorsing or promoting certain divisive viewpoints regarding race, sex, color, and national origin. The 2–1 Pernell majority, with Judge …
