The Fascist(s?) vs The Mouse

What do fascists do when they don’t like someone’s politics? They use their power to silence them.

Our rights to speak freely be it in writing, speech, or symbolically, without restraint, is essential to our democratic form of government. It helps all of us develop better laws and policies through the democratic process of challenge, rebuttal, and debate. When we all enjoy the ability to speak in the public forum, we make it the case that offensive opinions should be combated with an opposing argument, a more inclusive approach, a more effective idea.

Over the course of our American experiment, we Americans have learned to tolerate offensive speech and protect the right to speak even for people who would deny it to us. We aren’t ruled by kings, we are ruled by ourselves.

Our collective belief has been that exposing thoughts and opinions to open debate will result, ultimately, in the discovery of truth. It is bad enough that both conservatives and liberals have been banning books and canceling those whose words don’t comport to current sensibilities, but I worry that these activities might just the tip of an iceberg.

Background

On March 28 of this year, Republican Gov. Ron DeSantis signed Florida’s controversial House Bill (HB) 1577 into law. Dubbed the “Don’t Say Gay” bill by critics, the legislation states that school districts in Florida “may not encourage classroom discussion about sexual orientation or gender identity in primary grade levels.” Republicans, who for decades have been complaining about government restrictions on civil liberties (including most recently enforced mask wearing), are seeking to take away a fundamental right, freedom of speech.

Within hours of DeSantis’ signing the employees of The Walt Disney Company spoke out via the company’s official Twitter:

Suddenly, Florida’s largest employer and taxpayer thrust itself into the position of “the enemy.” DeSantis quickly assumed the mantel of knight in shining armor engaged in the battle against (imaginary) “transgenderism in kindergarten and first-grade classrooms.” But hey, disinformation and conspiracy theory is the fuel on which Florida Republicans run for state office.

DeSantis and Republicans just won’t stand for corporations that don’t operate on their convenient political terms. And, like the wound-up bullies they are, they set out to find a way to “punish” Disney. So, this past Friday (May 22, 2022) Gov. DeSantis signed into law a bill revoking Disney’s Ready Creak Improvement District in Florida.

The law, which reverses a 55-year arrangement effectively allowing the company to self-govern its theme park complex came after a weeks long battle with Disney that became a symbol of the country’s broader cultural fights over education, sexuality and identity. Thus, we saw the full circle for DeSantis and Florida Republicans: (1) Pass a law in search of a problem which wraps the cloak of parental rights around bigotry, (2) Receive legitimate criticism from a large local employer, (3) Demonstrate that government will bring down it’s full weight on anyone who dares oppose the “father knows best” views of the “modern” elected Republican politician and pass a law designed to punish the offender.

The Real Motivation

Seemingly, especially the way the conflict has been portrayed, Disney was getting some perk from the state of Florida. There is one thing people should not do, which is underestimate the intelligence of Florida’s Gov. DeSantis. Like his orange toned role model, DeSantis is a media-savant and is expert at whipping up fear in his increasingly afraid and delusional base.

At first blush the “perk” provided Disney with several advantages — among other things, if it wants to build a road or a new hotel, it can approve that project itself rather than going through the ordinary permitting process run by local Florida governments. That said, Disney still must comply with state building codes (lax as those might be). This Reedy Creek arrangement also allows Disney to tax itself at a higher rate to pay for governmental services like sewage and a fire department.

However, it was immediately obvious to even the casual observer that the impacts of this bill would not be felt by Disney in a very punishing way:

• Orange County will likely now have to pay for emergency and law enforcement services that Disney previously reimbursed it for.

• Disney will no longer be obligated to pay for all of the government-related services on Walt Disney World property (like fixing roads, fire department services and more).

• Orange and Osceola counties will also likely be forced to assume Reedy Creek’s debt of near $1 billion.

• Reedy Creek currently generates $105 million in tax revenue for itself every year that won’t get transferred to the counties if it dissolves.

• Orange County will take on an extra $163 million in costs per year, while Disney will get the equivalent amount as a tax break.

• Orange County will likely have to raise property taxes by 20% to 25% to accommodate these changes.

Seemingly, this is more of a punishment of the countries and not the company.

I think this is exactly what Ron DeSantis had in mind. He sees an opportunity to get a big win with his base by taking on a “woke” California based company AND at the same time punish Democratic counties in Florida by having them foot the bill for his agenda.

Take a quick look at a map of Florida’s 2020 voting patterns. See the color around Orlando? Get it?

Florida’s Voting Patterns by Area in 2020

Aside: this is also highly probably his giant attempt to take the attention off of his illegal attempt to prevent teachers from talking honestly to their students.

Why We Should All Worry

When the government seeks to suppress speech which is directly critical against the government, that is bad news for everyone. When they use voters who failed to vote with them as a means of meting out punishment, that’s worse. What DeSantis and the Florida Republicans have done in first banning and then punishing is simply unconscionable.

We are witnessing the Republican Party as it devolves from a party focused on individual liberty and limits on government power to a party that more fully embraces government control of the economy and morality. Let’s face it, the new mainstream of the GOP is best described as “Dictator Curious.” A well functioning democracy is not nearly as important as owning the libs.

This new GOP has made common cause with the left as they reverse many of their previous stances on free speech in public universities, in public education, and in private corporations. Driven by a lust for power combined with partisan animosity and public fear, Republican are now embracing the very tactics which they once opposed.

Lest we forget, the left has been curtailing free speech at colleges for some time now. Their efforts were inspired by a desire to make campuses more welcoming to historically marginalized communities. As such, colleges created speech regulations that were designed to eliminate “hate speech” and other forms of speech that members of university communities deemed offensive. Yep. I’m with you. A recipe for disaster.

The impulse behind these codes might have been virtuous, but their application in practice was profoundly problematic. College speech codes tended to possess three key characteristics:

1. they were aimed directly at the suppression of words and ideas.

2. they were usually broad and vague, leaving teachers and students with little guidance as to the law’s true meaning.

3. they typically relied on the subjective feelings of community members for enforcement.

None of these are beneficial to society, no matter the perceived justification. If the powerful on the left AND the powerful on the right can’t be counted upon to stand up for free speech, who will stand to defend this core ingredient of democracy?

In the last few years, state and local governments around the U.S. have been disproportionately enforcing existing laws, and enacting new ones, which aim to stifle protesters for progressive causes including racial justice and police reform. It is precisely those who lack political or economic power who are the most dependent on robust freedom of speech. Equal rights and social justice movements have gained momentum through forceful exercise of free speech rights.

These rights enable people to band together to advocate and demonstrate, litigate and lobby. Conversely, as it is being done in Florida, censorship is consistently wielded in an effort to stymie these causes. Compound that with what is happening as some on the left are insisting that some speech (the kind they tend to think of as hateful) constitutes violence and that some speakers must not be allowed on college campuses, and you quickly see how both sides have jumped the shark.

Why? Some ideas are allegedly too dangerous to be shared or heard.

Equally clear is the right to hear. To suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker. It is just as criminal to rob a man of his right to speak and hear as it would be to rob him of his money.

— Fredrick Douglas
December 9, 1860

Both sides need to get real. Every single free-speech win for a conservative corporation or individual is also a win for progressive liberty. Currently, that is viewed by both sides as the problem. It turns out that both the left and the right want to maximize their own freedom and minimize that of their opponents. Loose loose.

Conclusion

Censorship is inconsistent with American pluralist values. Book bans and speech codes undermine one of the core purposes of American education. Our kids go to school not just to learn reading, writing, and arithmetic, but to learn how to be citizens in a liberal democracy. A core value of that enterprise is a commitment to freedom of speech.

It’s time to reconsider how we are approaching the people whose ideas we disagree with. It’s time to end the madness that places speech in the category of a weapon that cause existential threats. It’s time to remember that we are all citizens in the same grand experiment and we depend on the free exchange of ideas to make progress for us all.

We’ve been here before and we can get past this. Kudos to Disney for using the law (and it’s own lawyers) to fight Florida’s hateful attempts to suppress free speech. Kudos to FIRE for taking on campus speech codes.

Please consider supporting those who seek to advance free speech and the goals of civil society:

• The Electronic Frontier Foundation : help EFF’s attorneys, activists, and technologists protect privacy, free expression, and digital creativity at a time when the world needs it most.

• Fairness and Accuracy In Reporting : works to invigorate the First Amendment by advocating for greater diversity in the press and by scrutinizing media practices that marginalize public interest, minority and dissenting viewpoints.

• American Civil Liberties Union : the ACLU dares to create a more perfect union — beyond one person, party, or side. Our mission is to realize this promise of the United States Constitution for all and expand the reach of its guarantees.

• The Foundation Against Intolerance and Racism : a nonpartisan organization dedicated to advancing civil rights and liberties for all Americans, and promoting a common culture based on fairness, understanding and humanity.

• Shining City Upon a Hill : a non-profit social welfare organization whose primary purpose is the promotion and advancement of American values and ideas such as freedom, integrity in government, the Rule of Law, economic prosperity, and a sensible and limited government.