Honeyfund.Com Inc v. Governor, State of Florida, No. 22-13135 (11th Cir. 2024)
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In a case before the United States Court of Appeals for the Eleventh Circuit, the plaintiffs, Honeyfund.com Inc, Chevara Orrin, Whitespace Consulting LLC, and Primo Tampa LLC, challenged a Florida law known as the Individual Freedom Act. This law bans certain mandatory workplace trainings that espouse or promote a set of beliefs related to race, color, sex, or national origin deemed offensive by the state. The plaintiffs asserted that the Act violated their rights to free speech and was both vague and overbroad. The district court granted a preliminary injunction, with the understanding that the Act was both unconstitutionally vague and an unlawful content- and viewpoint-based speech restriction. Florida appealed this decision.
The appellate court held that the Act was indeed a violation of the First Amendment. The court rejected Florida's argument that the Act regulated conduct, not speech, noting that the Act's restrictions were based on the content and viewpoint of the speech in the prohibited meetings. The court applied strict scrutiny, determining that the Act was not narrowly tailored to serve a compelling state interest. It also rejected Florida’s attempt to tie the Act to Title VII, a federal law prohibiting employment discrimination, stating that having similar asserted purposes did not make the two laws equivalent. The plaintiffs' claim of irreparable injury due to an ongoing violation of the First Amendment was also acknowledged. The court thus affirmed the district court's order preliminarily enjoining the operation of the provision.
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