What is Florida's 'Stop WOKE Act?'

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Florida's "Stop WOKE Act" remains unenforceable at colleges and universities after a federal appeals court ruled against removing the temporary block.

The three-judge panel with the 11th U.S. Circuit Court of Appeals on Thursday denied the request — coming from Gov. Ron DeSantis' administration and higher education officials — for a stay of U.S. District Judge Mark Walker's injunction.

Last November, Walker blocked the higher-education provision of the speech-limiting legislation he described as "positively dystopian."

Walker ruled it unconstitutional, saying it violates the First and 14th Amendments and the Equal Protection Clause.

The judge issued a similar ruling last August, making the law unenforceable among corporations and employers.

So far, the bill remains enforceable in K-12 schools.

Hearings have yet to be scheduled in connection to the multiple lawsuits the state faces over the legislation, also known as the "Individual Freedom Act," a title Walker said was the "State's doublespeak."

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What is the 'Stop WOKE Act?'

The "Stop the Wrongs to Our Kids and Employees Act" restricts how race is talked about in Florida schools, colleges/universities and corporations.

The legislation dictates that American history "shall be viewed as factual, not as constructed, shall be viewed as knowable, teachable, and testable, and shall be defined as the creation of a new nation based largely on the universal principles stated in the Declaration of Independence."

Schools and higher-education facilities must follow certain principles when teaching or discussing certain subjects.

The principles, according to the law:

  • No individual is inherently racist, sexist, or oppressive, whether consciously or unconsciously, solely by virtue of his or her race or sex.

  • No race is inherently superior to another race.

  • No individual should be discriminated against or receive adverse treatment solely or partly on the basis of race, color, national origin, religion, disability, or sex.

  • Meritocracy or traits such as a hard work ethic are not racist but fundamental to the right to pursue happiness and be rewarded for industry.

  • An individual, by virtue of his or her race or sex, does not bear responsibility for actions committed in the past by other members of the same race or sex.

  • An individual should not be made to feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race.

The law goes on to state that educators "may facilitate discussions and use curricula to address, in an age-appropriate manner," the following topics:

  • Sexism

  • Slavery

  • Racial oppression

  • Racial segregation

  • Racial discrimination

  • Topics "relating to the enactment and enforcement of laws resulting in sexism, racial oppression, racial segregation, and racial discrimination"

Instruction and curriculum in schools "may not be used to indoctrinate or persuade students to a particular point of view inconsistent with the principles" or state academic standards, the law states.

Gov. Ron DeSantis signs Stop Woke Act.
Gov. Ron DeSantis signs Stop Woke Act.

How does the act impact businesses and employers?

Businesses and employers are prohibited from practices that would lead a person to believe the following:

  • Members of one race, color, sex, or national origin are morally superior to members of another race, color, sex, or national origin.

  • An individual, by virtue of his or her race, color, sex, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.

  • An individual’s moral character or status as either privileged or oppressed is necessarily determined by his or her race, color, sex, or national origin.

  • Members of one race, color, sex, or national origin cannot and should not attempt to treat others without respect to race, color, sex, or national origin.

  • An individual, by virtue of his or her race, color, sex, or national origin, bears responsibility for, or should be discriminated against or receive adverse treatment because of, actions committed in the past by other members of the same race, color, sex, or national origin.

  • An individual, by virtue of his or her race, color, sex, or national origin, should be discriminated against or receive adverse treatment to achieve diversity, equity, or inclusion.

  • An individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race, color, sex, or national origin.

  • Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist, or were created by members of a particular race, color, sex, or national origin to oppress members of another race, color, sex, or national origin.

This article originally appeared on The Daytona Beach News-Journal: Florida's 'Stop WOKE Act' still blocked. What DeSantis-backed law says