If Gov. Ron DeSantis wins a federal lawsuit in which Disney claims its free speech rights were violated by the Republican leader, the company won’t be the last entity to be punished over supporting a “disfavored viewpoint,” Disney said in court papers on Monday.
The First Amendment protects the right of free speech even if it goes against government powers, Disney said in court documents asking a judge to reject DeSantis’ motion to dismiss the entertainment giant’s First Amendment lawsuit in Tallahassee.
The Disney lawsuit says DeSantis unconstitutionally revamped and took over Walt Disney World’s governing district in retaliation after Disney publicly opposed a state law banning classroom instruction on sexual orientation and gender identity in early grades.
“If the line is not drawn here, there is no line at all,” Disney’s filing said. “The retaliation against Disney for crossing the Governor’s ‘line’ was swift and severe: for the explicitly stated purpose of punishing Disney for its comments, the State immediately stripped Disney of its voting rights in the governing body that oversees Disney’s use of its own private property.”
DeSantis and other defendants, including a state agency and the DeSantis appointees on the board of the revamped district — now called the Central Florida Tourism Oversight District — say the First Amendment lawsuit is meritless and that they are immune from liability.
Disney also is battling the Central Florida Tourism Oversight District in state court in Orlando over control of the district.