Florida man is at it again! This time, Republican state Senator Jason Brodeur introduced a bill that would make it defamation to accuse someone of racism, sexism, homophobia, or transphobia in the Sunshine State. Via the New Republic:
The bill, which was introduced Friday, would make it much easier for someone to sue another person for defamation. The measure states that “an allegation that the plaintiff has discriminated against another person or group because of their race, sex, sexual orientation, or gender identity constitutes defamation per se.”
Proving “actual malice” is one of the main requirements of a successful defamation case. And this bill would make that easier, setting up conditions for a fact-finder to automatically infer that actual malice took place after an accusation of discrimination.
In cases of alleged homophobia or transphobia, defendants charged with defamation are not allowed to use the plaintiff’s religious or scientific beliefs as part of their defense. If they are found liable for defamation, the defendant could be fined at least $35,000.
But wait, there's more!
Statements from anonymous sources would be considered “presumptively false,” making journalists reporting on discrimination vulnerable to lawsuits.
The bill might pass, since Republicans control both chambers of their state house. But if it did, it would be unlikely to survive a legal challenge.
