Florida Defamation Bill HB 991 Passes Committee Vote

Several committee members, including Republicans, said they had concerns about sections of the bill that would change requirements for which party must pay the other's attorney fees, fearing it could undermine laws aimed at preventing retaliatory or frivolous lawsuits aimed at silencing critics.

Some expressed hope for amendments to the bill, which was also considered. referred to the House Judiciary Committee for consideration before it is submitted for further consideration by the whole House.

John Harris Maurer, public policy director for the LGBTQ group Equality Florida, told the committee that the bill also needs further clarification in the section on slanderous accusations of discrimination against people of color.

The bill currently states that a defendant cannot attempt to prove the truth of his claim by citing scientific or “constitutionally protected religious expression or belief of the plaintiff.”

Andrade insisted his bill meant a defendant could not use such statements as the only evidence, but Harris Maurer said the text was unclear about that.

“This bill is sexist, racist, homophobic and transphobic,” Harris Maurer said. “Why? Because it limits people's ability to identify sexism, racism, homophobia and transphobia. It's politically motivated.”

Governor of Florida Ron DeSantiswho was widely reported to be preparing to announce his candidacy for the presidency, has openly announced his plans abolish press freedom. DeSantis also held round table on libel issues last month with right-wing figures who pre-empted the legislation.

After the meeting, Block of the First Amendment Foundation told BuzzFeed News that he was disappointed that the bill had cleared the first hurdle, but he suspects state Republicans will soon feel pressure to vote against it from conservative media, which will be just as exposed to libel charges as other press.

“A law like this is like using a virus or bacteria as a weapon,” Block said. “Once you set him free, you have no idea what he's going to do. You have no control over anything. He might turn around and bite you in the ass.”

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