A new bill in Florida would make accusations of Transphobia would be treated as defamation. The defendant could not “prove truth” by citing a plaintiff’s “scientific or religious beliefs.”


A new bill introduced in Florida, Senate Bill 1780, would make accusations of discrimination towards transgender people “defamation per se,” with accusers on the hook for a hefty $35,000 penalty. Critically, the bill states that if you are sued for defamation under the statutes, you cannot use the defendant’s scientific or religious beliefs or expression to prove that they are acting in a discriminatory fashion towards transgender people. These and other provisions would make it so that accusations of transphobic discrimination would be nearly impossible to prove, and would leave anyone making the accusation on the hook for damages.

The bill outlines several methods and protections for individuals accused of transphobic actions to sue their accusers. For example, one clause stipulates that a person cannot be deemed a public figure due to their association with “a video, image, or statement uploaded on the internet that has reached a large audience.” This implies that if someone is captured on video engaging in discriminatory behavior against transgender individuals, such as denying entry or using slurs, this viral content cannot establish their status as a “public figure.” Consequently, this makes it easier for them to initiate lawsuits against those who accuse them of transphobia, regardless of what the video shows.

Most importantly, the bill contains a section that would make allegations that someone is operating in a discriminatory fashion towards “race, sex, sexual orientation, or gender identity” defamation per se, meaning accusations of racism, sexism, homophobia, or transphobia could result in hefty lawsuits. For homophobia and transphobia, there is an additional provision that would make lawsuits much more likely to succeed: defendants could not cite a plaintiff’s “constitutionally protected religious expression or beliefs” or a plaintiff’s “scientific beliefs” to prove the truth of their allegation of homophobia or transphobia.

read more: https://www.erininthemorning.com/p/florida-bill-would-make-accusations?publication_id=994764&post_id=140479556

  • xantoxis@lemmy.world
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    1 year ago

    Your ideology must be going great if you need laws to punish people just for observing that it exists.

  • TimLovesTech (AuDHD)(he/him)@badatbeing.social
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    1 year ago

    So basically a “you can’t sue or I’m rubber and your glue” bill to go with the “don’t say gay bill”. Imagine needing to put this much time into bills like this because you can’t stop your hate from getting you in trouble and you would rather attack marginalized groups than do any actual governing.

    • lolola
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      1 year ago

      The rubber and glue rule. It almost kinda rhymes.

      Seriously tho wtf are they doing

    • pingveno@lemmy.ml
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      1 year ago

      Imagine putting time into bills like this instead of solving Florida’s insurance crisis.

  • Neato@ttrpg.network
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    1 year ago

    Defamation is so difficult to convict on in the US because of 1st amendment protections. This new statute is DOA once a non-shitass court looks at it.

    • pingveno@lemmy.ml
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      1 year ago

      Yup. Defamation case law has set an incredibly high bar in the United States. There’s no way this is going to stand up in court, assuming it even passes.

    • Stillhart@lemm.ee
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      1 year ago

      The problem here is that it will be quite some time before the Supreme Court is non-shitass.

  • Jessica
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    1 year ago

    Jason Brodeur Is a transphobe. My friend told me that Jason Brodeur is the one who shits on the toilet seats of public restrooms. Anyways, Jason Brodeur once tried to kiss me on the way home from school. So he is totally gay now, and also shits on toilet seats, like a poorly trained dog. How much is 35,000 Floridian Meth Money in USD?

  • A Phlaming Phoenix@lemm.ee
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    1 year ago

    Thought these guys were big on free speech. This sounds like abridging expression to me.

    Don’t we already have crimes like slander and libel that cover when people do this and it’s not true? Thus, this law would widen that to include saying it when it is true?

  • Auzy@beehaw.org
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    1 year ago

    just let them have florida i’d say. You’re all welcome here in Australia. Florida’s not winning any awards anyway

    • rynzcycle@kbin.social
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      1 year ago

      FSM help me, but I’m about to defend Florida…

      I just spent some time there, visiting a friend, and while yes, I encountered some of the worst humanity has to offer, the LGBTQ+ scene is pretty great in some places. Saw some of the best drag performers I’ve ever seen in Miami, at some of the warmest most inviting queer bars I’ve ever been to. It had the vibes of circling the wagons, but if you want in, you’re welcome and “we got you”.

      Shit like this breaks my heart for them, but there are a lot of good people still fighting the good fight down there. Fuck Desantis and all the fascists.

      • Auzy@beehaw.org
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        1 year ago

        I’ve never been, but I guess I just hear what the media says. Also, I’m not LGBT so I’m not really exposed to much of that stuff anyway.

        So you might be right anyway