American University
Browse
Disney’s Legal Battle with Florida Governor Ron DeSantis_ Political Retaliation Arguing Free Speech.pdf (71.35 kB)

Disney’s Legal Battle with Florida Governor Ron DeSantis: Political Retaliation Arguing Free Speech

Download (71.35 kB)
journal contribution
posted on 2023-11-20, 20:08 authored by Nandana Kumar

The ongoing legal battle between entertainment giant Disney and Florida Governor Ron DeSantis is a complex and tiresome dispute that touches on several key aspects of controversial legislation. Disney’s federal lawsuit has gone through a tumultuous journey of multiple revisions with the company now focusing solely on its claim that Governor DeSantis has violated their right to freedom of speech. Disney had wanted to withdraw their further claims in the case, which are related to disagreements over development contracts as they are currently the subject of an ongoing state-level lawsuit in Florida [1]. In addition to its complex legal issues, this high-profile litigation has drawn plenty of interest due to its potential consequences for the relationship between corporate power and governmental policy.

At the center of this legal battle is infamously controversial “Don’t Say Gay” bill, or officially known as House Bill 1557. Significant debate and controversy have been generated by this legislation. This bill limits discussions in the classroom about gender identity and sexual orientation, raising issues concerning discrimination and censorship [2]. Disney actively opposed this law and sided with others who claimed it stifles inclusiveness and free speech in the classroom.

Disney’s amended lawsuit now revolves around the First Amendment, namely the allegation that Governor DeSantis politically retaliated against the entertainment company as they publicly opposed the “Don’t Say Gay” bill. This action from DeSantis raises important questions about free speech rights and government interference in opposing expression. The First Amendment of the United States Constitution protects the rights to freedom of speech and expression, which prohibits the government from taking any action that might discourage people or organizations from expressing their opinions in a free and unrestricted manner. Disney asserts Governor DeSantis' actions, namely calling its company "woke" and charging it with "sexualizing children," were an act of political vengeance [3]. The distinction between political rhetoric and government overreach is questioned by this claim.

At first, Disney's lawsuit included disputes on development agreements pertaining to its theme parks. Disney had even established a board to carry out these measures; however, Governor DeSantis appointed a new board that invalidated these contracts. Disney made the decision to handle each of these concerns separately in state-level litigation, though the circumstance serves as a reminder of the complexity of contractual arrangements, the impact of regulatory changes, and the importance of state law in company operations. Governor DeSantis initiated measures to rename the district overseeing Disney's theme parks in the Orlando area from the "Reedy Creek Improvement District" to the "Central Florida Tourism Oversight District." Due to the new government structure and the governor's ability to designate his own delegates to the district's board of supervisors, this seemingly procedural decision had substantial ramifications for Disney [4]. The possible impact of state-level choices on the management of private companies and real estate is highlighted by this legislative maneuver.

Disney filed counterclaims in state court in response to the annulment of their development contracts, including one for breach of contract and another for damages against the Governor DeSantis-appointed board. This element of the litigation illustrates the value of contractual responsibilities and the legal repercussions that can result from violations of these agreements.

The legal conflict between Disney and Florida Governor Ron DeSantis is convoluted and touches on important legislative issues. The "Don't Say Gay" measure, which has sparked discussions about free expression and governmental involvement, is at the center of the dispute. The complexity of corporate operations in the context of state-level legislative changes is further highlighted by problems with development contracts and modifications to governance structures. In addition to Disney, this legal dispute also concerns the larger effects of government acts on the rights and operations of private enterprises. It emphasizes the value of the First Amendment in defending the right to free speech, the necessity of unambiguous contracts, and the impact of state law on corporate environments.

History

Publisher

The Juris Mentem Law Review

Notes

This Article is brought to you for free and open access by the Juris Mentem Law Review. This article has been accepted for inclusion in the Juris Mentem Digital Collection. The Digital Collection is edited by Juris Mentem Staff but is not peer-reviewed by university faculty. For more information, visit: https://www.american.edu/spa/jlc/juris-mentem.cfm Questions can be directed to jurismentem@american.edu

Journal

Juris Mentem Law Review

Usage metrics

    Juris Mentem Digital Collection

    Categories

    No categories selected

    Licence

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC