Gross said she was also alarmed by a section of the bill that would require defendants who lose in court to pay “reasonable costs and attorneys' fees” to plaintiffs in addition to any other penalties, which would presumably encourage more people to sue media outlets. A key section on this issue undermines laws aimed at preventing retaliatory or frivolous lawsuits aimed at silencing critics—so-called anti-SLAPP (strategic lawsuits against public participation) laws—by allowing government figures or other powerful plaintiffs to recover their attorney's fees from defendants if their suit survives such a legal hurdle.
“This will result in more incentive for government officials and their powerful allies to bring frivolous libel suits because they will be able to get their attorneys' fees paid,” Gross said.
Andrade insisted he was trying to fight for less powerful people with his bill. He particularly focused on the case Nicholas SandmanCovington Catholic High School student involved in a confrontation with a Native American protester on the steps of the Lincoln Memorial in Washington, D.C., in 2019. Sandmann did settle lawsuits with CNN, the Washington Post and NBCUniversal over their coverage of the incident, but lawsuit against other publications dismissed in federal court last year.
“Right now, the only people who can successfully bring a defamation lawsuit against anyone are the rich and powerful. Nobody else can afford to do that,” Andrade said. “How can a person with an average income now afford $100,000 to pay an attorney to bring this lawsuit?”
But critics who spoke to BuzzFeed News said they believe the bill would ultimately benefit powerful public figures, who FCGA's Petersen noted are much more likely to be the subject of media coverage.
“I don’t see where in this bill you can find anything that protects the little guy,” Petersen said. “I don't see it.”
The FAF block noted that “Facebook citizens” would also be affected, as the bill broadly covers any “online speech,” such as social media posts or online reviews, as well as “any speech before an audience,” such as a citizen who might speak at a public meeting.
“The only people I see benefiting are the rich and powerful,” Block said. “I know Governor DeSantis said it's all about the little guy, but I don't see any benefit for the average Joe. On the contrary, I think it will deeply hurt the average Joe.”
The bill's cumulative effect, critics told BuzzFeed News, would be to limit media and public attention to powerful figures by imposing a huge financial burden if they make mistakes. The costs of insuring media outlets to defend themselves in court are likely to rise sharply, putting smaller groups like the FCGA at risk. Ultimately, many media outlets may decide that some stories are simply not worth the risk of litigation, according to Hans, who called the bill an attempt to intimidate the press.
“Instead of doing complex analysis, Well, is this politician acting as a public figure when we talk about this or not? And how do we find out?Many organizations and reporters will quite rationally say: We're just not going to deal with it. We're not going to report this– said Hans.
And while some may celebrate what they see as a right-wing Florida government targeting left-wing media, the chill in public discourse will affect people of all political persuasions. After all, Fox News is currently the defendant in two of the most closely watched slander trials in the country.
“Many conservatives and supporters Donald Trump and Ron DeSantis will look at it and say, “Ha ha, cool weirdos, New York Times, CNN and Washington Post!” But I don’t think they understand how this could impact their local conservative radio station,” Block said.
HB 991 is just the latest recent attempt by the Florida government to suppress free speech, whether in classes, universitiesor protests in the state capitaland DeSantis and his allies are working to silence everyone teachers To Disney. Many of these bills have already inspired imitators in other statesand given the Governor's widely publicized statements presidential ambitionsPetersen said people across the U.S. should be focused on this latest attack.
“People need to pay attention to what's going on in Florida,” she said, “because our governor will be running for president in 2024, and he's made it very clear that he's trying to make Florida a model for the rest of the country.”
