Tag Archives: due process clause

Bad Day for DeSantis as ‘Stop WOKE Act’ Hit With Injunction, Lawsuit

“If Florida truly believes we live in a post-racial society, then let it make its case,” a federal judge wrote in blocking part of the controversial law. “But it cannot win the argument by muzzling its opponents.”

By Brett Wilkins  Published 8-18-2022 by Common Dreams

Governor Ron DeSantis speaking with attendees at the 2021 Student Action Summit hosted by Turning Point USA at the Tampa Convention Center in Tampa, Florida. Photo: Gage Skidmore/flickr/CC

Republican Florida Gov. Ron DeSantis and his Stop WOKE Act suffered a two-punch blow Thursday as a federal judge blocked parts of the controversial law and a coalition of civil liberties groups filed a lawsuit against what they are calling “racially motivated censorship.”

U.S. District Judge Mark Walker, an appointee of former President Barack Obama, issued a preliminary injunction against portions of the Stop the Wrongs to Our Kids and Employees Act, also called the Individual Freedom Act, saying it violates First Amendment free speech protections and the 14th Amendment’s Due Process Clause. Continue reading

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Privacy isn’t in the Constitution – but it’s everywhere in constitutional law

Who’s allowed to watch what you do and say?
Shannon Fagan/The Image Bank via Getty Images

Scott Skinner-Thompson, University of Colorado Boulder

Almost all American adults – including parents, medical patients and people who are sexually active – regularly exercise their right to privacy, even if they don’t know it.

Privacy is not specifically mentioned in the U.S. Constitution. But for half a century, the Supreme Court has recognized it as an outgrowth of protections for individual liberty. As I have studied in my research on constitutional privacy rights, this implied right to privacy is the source of many of the nation’s most cherished, contentious and commonly used rights – including the right to have an abortion – until the court’s June 24, 2022, ruling in Dobbs v. Jackson. Continue reading

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