DeSantiss Anti-Disney Moves Are Illegal – The Atlantic
In the late 1980s, the fortunes of Nick Navarro, the sheriff of Broward County, Florida, were on the rise. Elected in 1984 and on his way to nearly tripling his agencys budget, he was also demonstrating a flair for dealing with the mediaP. T. Barnum with a Cuban accent, said one South Florida defense lawyer. Navarro and his office starred in the inaugural season of Cops, the pioneering Fox reality-TV series, and made national news by clashing with the rap star Luther Campbellincluding having him arrestedfor sexually explicit lyrics on albums by Campbells 2 Live Crew.
Navarros relations with the media werent universally cordial, however, and spawned a constitutional challenge that may now have profound implications for another publicity-loving Florida politician, Governor Ron DeSantis: It exposes one of DeSantiss most recent high-profile gambits as a brazen violation of the First Amendment.
On November 17, 1988, a Fort Lauderdale daily, The Broward Review, ran a front-page article that Sheriff Navarro found especially vexing. It was headlined Navarro Failed to Act on Corruption Warnings, with the subhead Broward Sheriff didnt pursue reports that a Bahamian cocaine trafficker was bribing his deputies.
The story was the latest in a series the Review had run criticizing the Broward sheriffs office, the countys largest law-enforcement agency, and Navarro was fed up. The morning it appeared, he ordered a halt to the 20-year business relationship between the sheriffs office and the Review, which, along with covering local business and law, had been the chief publishing venue for required public notices of sheriffs sales and forfeitures. This revenue amounted to thousands of dollars each yearnot a fortune, but enough to matter to a small daily.
From the July/August 2020 issue: The dark soul of the sunshine state
I was the editor in chief of the Review (later renamed the Broward Daily Business Review) and its sister papers in Miami and West Palm Beach, which were owned by American Lawyer Media, the legal publisher created and run by the journalist and entrepreneur Steven Brill. When I told Brill what Navarro had done, he conferred with his friend Floyd Abramsthe First Amendment litigator who had represented The New York Times in the Pentagon Papers caseand we did the traditional American thing: We sued.
We won in 1990, after a two-day trial in the U.S. District Court in Miami. We were upheld unanimously on appeal to the Eleventh Circuit in Atlanta. Navarros appeal to the U.S. Supreme Court was rebuffed.
We won because what Navarro did was plainly illegal. He had used the power of his public office to punish my newspaper for exercising its First Amendment rights.
The parallels between Navarros actions and those of the current governor are unmistakable. DeSantis has spearheaded the successful move to withdraw something of value from the Walt Disney Companyits 50-year control of the special taxing district that essentially governs a 25,000-acre Central Florida spread including Disney Worldin reprisal for Disneys vocal criticism of Floridas Parental Rights in Education Act, assailed as homophobic. With DeSantis, as with Navarro, public authorities withheld a public benefit as punishment for exercising a core constitutional right, and yesterday Disney finally sued.
Even in 1988, the law in this area was neither subtle nor oblique. Brill told me he got the idea of suing the sheriff from his recollections of a class in constitutional law taught by Thomas I. Emerson, a legendary First Amendment scholar at Yale, and Abrams was able to rely on fresh precedent: a 1986 case out of Mississippiupheld by the Fifth Circuitthat was almost precisely on point. There, the federal court ordered a local governing board to restore public-notice advertising it had yanked from a local newspaper in retaliation for the papers criticism of its performance.
The principle wasnt new even then. In a 1972 U.S. Supreme Court case brought by a fired community-college teacher, Associate Justice Potter Stewart wrote the majority opinion: For at least a quarter-century, this Court has made clear that even though a person has no right to a valuable governmental benefit and even though the government may deny him the benefit for any number of reasons, there are some reasons upon which the government may not rely. It may not deny a benefit to a person on a basis that infringes his constitutionally protected interestsespecially, his interest in freedom of speech.
The main difference between the Navarro case and the DeSantis-versus-Disney affair was Navarros refusal to admit to his motives. In deposition, Navarro acknowledged that he had learned of the November 17 article from an aide on the morning it ran, while he was vacationing in the Bahamas. Still, he claimed to have ordered the severing of the business relationship out of concern that the Reviews circulation was too low, even though he could cite no circulation numbers or indications that sales picked up after ads began running elsewhere. (During a break in Navarros deposition, the Reviews lead counsel, Abrams, said to me, Now we know what his defense isa fabrication.) Elsewhere, Navarro offered further justifications for what hed done, telling one Review reporter he ran into in a convenience store, A mans got to do what a mans got to do.
Unlike Navarro, however, theres no fabrication or ambiguity when it comes to the recent actions of Florida Governor DeSantis and state lawmakers. DeSantis has proudly denounced Disney for its wokeness, in particular its public opposition to the Dont Say Gay law, which severely restricts classroom instruction related to sexual orientation and gender. I think they crossed the line, DeSantis said of Disney last spring. Were going to make sure were fighting back when people are threatening our parents and threatening our kids.
In a tweet a few weeks later, DeSantis elaborated: Youre a corporation based in Burbank, California, and youre going to martial your economic might to attack the parents of my state? he wrote. We view that as a provocation, and were going to fight back against that.
The result was a bill, passed by the legislature, to strip Disney of authorization granted in 1967 that allowed it to administer the expanse outside Orlando where Disney World is located.
The money is of a different order of magnitude, but at their core, the anti-Disney moves are illegal for the same reason Sheriff Navarros advertising cutoff was illegal: They are governmental actions that punish a private person or entity for exercising constitutional rights.
From the May 2023 issue: How did Americas weirdest, most freedom-obsessed state fall for an authoritarian governor?
As Abrams wrote to me, Florida didnt have to make any deal with Disney in the first place. It was free to seek to change the terms of it or even abandon it for all sorts of reasons except one: that Disney exercised its First Amendment right to speak out on an issue of public policy. Just as Sheriff Navarro was barred by the First Amendment from cancelling a commercial relationship with a publication because it had criticized him, Gov. DeSantis violated the First Amendment by stripping Disney of a benefit because of its public position on anti-gay rights legislation.
Likewise, the First Amendment scholar Erwin Chemerinsky, the dean of UC Berkeleys law school, wrote in an email to me, The law is clear that retaliation against a personthat includes a corporationfor its speech violates the First Amendment. Gov. DeSantis and the Florida legislature have done exactly that, and said that is what they were doing, in its reprisal against Disney.
Navarro lost his race for a third term as sheriff and left office in 1993. At the time, some commentators blamed his media notoriety, especially his dustup with 2 Live Crew, for his defeat. (Navarro passed away in 2011.) The Broward Review case seems to have played no role in his downfall. Indeed it did little beyond winning my paper $23,000 in damages and our lawyers hundreds of thousands of dollars in fees.
It would, however, be a delicious sort of irony if the rulinga response to Navarros petulant and vindictive actionsnow resurfaces as his most enduring contribution to the rule of law, and affirms anew one of our countrys most basic principles.
More here:
DeSantiss Anti-Disney Moves Are Illegal - The Atlantic
- Philly Cops Admit That Theyre Tracking First Amendment Activity Critical of AI - The Intercept - June 3rd, 2026 [June 3rd, 2026]
- Free Speech Unmuted: The First Amendment and Privacy Rights - Reason Magazine - June 3rd, 2026 [June 3rd, 2026]
- Join the Conversation: The First Amendment and the American Flag - WSHU - June 3rd, 2026 [June 3rd, 2026]
- What Is the Equal Opportunities Rule? FCC Regulation Explained as ABC Claims First Amendment Violation - Freedom Forum - June 3rd, 2026 [June 3rd, 2026]
- VICTORY! Tennessee man jailed 37 days for Trump meme wins $835,000 settlement after First Amendment lawsuit - FIRE | Foundation for Individual Rights... - May 27th, 2026 [May 27th, 2026]
- 'If you can frighten people, you can control them': Journalist Alex Berenson warns about fear-based tactics after securing $150K First Amendment... - May 27th, 2026 [May 27th, 2026]
- The First Amendment exists to protect speech we dont want to hear - CT Mirror - May 27th, 2026 [May 27th, 2026]
- ACLU of Indiana reaches settlement in First Amendment lawsuit against Ball State University - WTHI-TV - May 27th, 2026 [May 27th, 2026]
- Justice Department Appeals Federal Judges Ruling That First Amendment Protections Apply to Sanctioned UN Special Rapporteur - Foundation for Defense... - May 27th, 2026 [May 27th, 2026]
- Q&A: Anna Gomez Is the Sole Democrat on the FCC. She Has a Warning for Big Media Companies - First Amendment Watch - May 27th, 2026 [May 27th, 2026]
- How does the First Amendment apply to protesters at church? Onondaga County lawmakers consider question raised by new bill - AOL.com - May 27th, 2026 [May 27th, 2026]
- A free press is for all of us. Why I cover the First Amendment - The Tennessean - May 17th, 2026 [May 17th, 2026]
- First Amendment rights at center of clash between Pa. schools and students over ICE walkouts - LancasterOnline - May 17th, 2026 [May 17th, 2026]
- Letter to the Editor: An assault on the First Amendment - Brattleboro Reformer - May 16th, 2026 [May 16th, 2026]
- Re-Aligning Incentives in the Democratic Public Sphere - | Knight First Amendment Institute - May 13th, 2026 [May 13th, 2026]
- In Legal Dispute Over The View, ABC Argues Trump Administration Is Trying To Chill Free Speech - First Amendment Watch - May 13th, 2026 [May 13th, 2026]
- Appeals Court Spares Trump From Paying $83 Million Defamation Award to E. Jean Carroll For Now - First Amendment Watch - May 13th, 2026 [May 13th, 2026]
- Online Speech and Jawboning Hypocrisy: Does an Inglorious First Amendment Legacy Await Bondi and Noem? - American Enterprise Institute - AEI - May 13th, 2026 [May 13th, 2026]
- First Amendment rights at center of clash between Pa. schools and students over ICE walkouts - The Daily Item - May 13th, 2026 [May 13th, 2026]
- ABC accuses FCC of violating its First Amendment rights over its scrutiny of "The View" - CBS News - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Government of Violating First Amendment - The New York Times - May 9th, 2026 [May 9th, 2026]
- Jane Fonda, Patti Smith, Rufus Wainwright to Gather in Celebration of the First Amendment in NYC - Rolling Stone - May 9th, 2026 [May 9th, 2026]
- FCC's warnings on political interviews 'chill' First Amendment, ABC says - Politico - May 9th, 2026 [May 9th, 2026]
- ABC Says FCCs Equal Time Crackdown On The View Chills Its First Amendment Rights - Deadline - May 9th, 2026 [May 9th, 2026]
- ABC accused the U.S. government of violating the First Amendment in a dispute with the FCC over The View. The networks argument is the most aggressive... - May 9th, 2026 [May 9th, 2026]
- ABC accuses government of violating First Amendment - Editor and Publisher - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Trump Administration of Violating First Amendment with FCC's Pointed Attacks on The View - People.com - May 9th, 2026 [May 9th, 2026]
- Sen. Kelly First Amendment Case: Government Cannot Be Arbiter of Its Own Speech Restrictions - Cato Institute - May 9th, 2026 [May 9th, 2026]
- DCYF warning to union leader raises First Amendment concerns, ACLU says - Rhode Island Current - May 9th, 2026 [May 9th, 2026]
- ABC accuses the FCC of violating its first amendment rights - WQAD - May 9th, 2026 [May 9th, 2026]
- Local news and the First Amendment: Whats at stake - Roswell Daily Record - May 9th, 2026 [May 9th, 2026]
- Mark Kelly lawsuit: impact on First Amendment rights of retired veterans - KTAR News 92.3 FM - May 9th, 2026 [May 9th, 2026]
- ABC and Disney accuse Trump admin of violating First Amendment rights - The Verge - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of violating the First Amendment in their attacks on 'The View': An overreach that "threatens to upend decades of settled... - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - KBAK - May 9th, 2026 [May 9th, 2026]
- Disney-Owned ABC Accuses U.S. Government of Violating First Amendment - WDW News Today - May 9th, 2026 [May 9th, 2026]
- ADL Reports a Sharp Drop in US Antisemitic Incidents in 2025, Driven by a Steep Fall on Campuses - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- Bette Midler and Jane Fonda to Headline Protest Concert for the First Amendment in New York - TheWrap - May 9th, 2026 [May 9th, 2026]
- Rutgers University Withdraws Invite to a Graduation Speaker Over His Criticism of Israel - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - WKRC - May 9th, 2026 [May 9th, 2026]
- Patti Smith to take part in Rise Up, Sing Out: A Concert for the First Amendment - Everett Post - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of chilling The View's First Amendment rights to be The View - AV Club - May 9th, 2026 [May 9th, 2026]
- James Comey Faces New Indictment With First Amendment Implications: What You Need to Know - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Supreme Court First Choice ruling crushes lawfare in win for First Amendment - Washington Examiner - May 5th, 2026 [May 5th, 2026]
- Letter: Exercising the First Amendment - The Daily News of Newburyport - May 5th, 2026 [May 5th, 2026]
- Celebrating the Power of Music and the First Amendment at Freely Fest - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Trump uses assassination attempt to justify his assault on first amendment rights to free speech - The Conversation - May 3rd, 2026 [May 3rd, 2026]
- The GUARD Act Undermines the First Amendment and Parental Choice - R Street Institute - May 3rd, 2026 [May 3rd, 2026]
- Art by Telephone, Art by Algorithm: Expression, AI, and the First Amendment - - Center for Democracy and Technology - May 3rd, 2026 [May 3rd, 2026]
- The first amendment shall prevail: Plaintiff in 2023 discrimination case speaks after judge orders St. George to pay $350K - ABC4 Utah - May 3rd, 2026 [May 3rd, 2026]
- RANDY EVANS: Reflecting on mentors, opportunity and the First Amendment - Indianola Independent Advocate - May 3rd, 2026 [May 3rd, 2026]
- Utah City Ordered to Pay $350k to Drag Performers After Losing First Amendment Fight - EDGE Media Network - May 3rd, 2026 [May 3rd, 2026]
- The Mouse vs. The White House: Disney Lawyers Up for First Amendment War Over ABCs License - Inside the Magic - May 3rd, 2026 [May 3rd, 2026]
- Analysis: What Disney is thinking as it faces a First Amendment fight with Trump - CNN - April 29th, 2026 [April 29th, 2026]
- First Amendment advocates blast the FCC's early review of ABC broadcast licenses - NBC News - April 29th, 2026 [April 29th, 2026]
- Kimmel, the First Amendment and a brewing battle with the FCC - USA Today - April 29th, 2026 [April 29th, 2026]
- Former Spokane mayor Woodward wants $10 million from the city, alleges First Amendment violations - KXLY.com - April 29th, 2026 [April 29th, 2026]
- The Taricani Visiting Journalist Series on First Amendment Rights Harrington School of Communication and Media - The University of Rhode Island - April 29th, 2026 [April 29th, 2026]
- In rare interviews, Bush hails the First Amendment and Obama says America doesn't have 'kings' - NBC News - April 23rd, 2026 [April 23rd, 2026]
- CBS Hosting Dinner Praising Trump And His Love Of The First Amendment - Techdirt. - April 23rd, 2026 [April 23rd, 2026]
- BREAKING: Street preacher threatens to sue SIUE on grounds of First Amendment rights violation - alestlelive.com - April 23rd, 2026 [April 23rd, 2026]
- First Amendment to Arkansas: You Cannot Sentence Speech on the Internet to Death by a Thousand Cuts in NetChoice Court Victory - NetChoice - April 23rd, 2026 [April 23rd, 2026]
- The GUARD Act dis-GUARDs the First Amendment and competition - Competitive Enterprise Institute - April 23rd, 2026 [April 23rd, 2026]
- Supreme Court Denies Hearing in First Amendment Cases Related to Occupational Speech - The Institute for Justice - April 23rd, 2026 [April 23rd, 2026]
- Code is functional free speech under the First Amendment: Coin Center - TradingView - April 23rd, 2026 [April 23rd, 2026]
- Texas public schools can now have Ten Commandments displays, Appeals Court ruled, but Supreme Court can still save this First Amendment disaster -... - April 23rd, 2026 [April 23rd, 2026]
- Trump admin violated First Amendment by forcing Facebook and Apple to remove ICE-trackers - Law and Crime News - April 19th, 2026 [April 19th, 2026]
- Judge sides with creators of banned ICE trackers who allege DHS and DOJ violated their First Amendment rights - Engadget - April 19th, 2026 [April 19th, 2026]
- How Originalism Broke the First Amendment - Balls and Strikes - April 19th, 2026 [April 19th, 2026]
- Trump says CNN may have committed a crime. The First Amendment says otherwise - Poynter - April 19th, 2026 [April 19th, 2026]
- Jon Prosser's last-ditch effort against Apple's lawsuit is the First Amendment - AppleInsider - April 19th, 2026 [April 19th, 2026]
- California Attorney Who Tried To Help Overturn 2020 Election Loses Law License - First Amendment Watch - April 19th, 2026 [April 19th, 2026]
- ANOTHER VIEWPOINT: First amendment lynchpin of American experiment - The Facts - April 19th, 2026 [April 19th, 2026]
- White House Correspondents Dilemma: Toasting the First Amendment as Trump Tramples Over It | Analysis - TheWrap - April 19th, 2026 [April 19th, 2026]
- Mitali Bags speech on The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026 and The Delimitation Bill, 2026 - All India Trinamool... - April 19th, 2026 [April 19th, 2026]
- Occupational licensing has a First Amendment problem - The Hill - April 10th, 2026 [April 10th, 2026]
- Paterno: Dangerous Times for the First Right of the First Amendment - StateCollege.com - April 10th, 2026 [April 10th, 2026]
- When ICE enforcement and the First Amendment collide - News From The States - April 10th, 2026 [April 10th, 2026]
- Briefing Room: Advice on dealing with First Amendment auditors - Seal Beach News - April 10th, 2026 [April 10th, 2026]
- On Books, Book Reviews, and Bezos - First Amendment Watch - April 10th, 2026 [April 10th, 2026]