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Defend your right to know | Opinion
By Bobby Block, FAF Executive Director

As we move forward from a landmark election, it’s important to remember a fundamental truth: The strength of American democracy rests in the freedoms that define it. In every era, and particularly in times of change, it is the job of all citizens to double down on efforts to preserve these freedoms — our rights to speak, to hear and to know what our government is doing on our behalves. These are not just ideals; they are the safeguards of an open and accountable society.

Here in Florida, however, our right to know is under siege from the very officials sworn to defend it. Government transparency and access to public records — critical parts of Florida’s Sunshine laws — are increasingly being flouted or simply ignored by politicians who want to draw a veil of secrecy across the state. These laws ensure that everyone, regardless of background or belief, has the chance to see how decisions are made and to hold leaders accountable. But today, these rights are being curtailed, making it harder for Floridians to stay informed about matters that impact their communities and daily lives.

Sometimes, it’s hard for people to grasp why access to this information is so important, or why we should even be allowed to ask for it. Unlike physical property such as firearms protected under the Second Amendment, your rights to free speech and public information are intangible — ideas, rather than something you can hold. But make no mistake: These rights shape every aspect of your life. They are embedded in every conversation, debate or demand for accountability. When government transparency is selectively curtailed, your right to understand, question and engage in public life is eroded bit by bit, often without notice.

For example, as of 2022, we now select university presidents in Florida largely in secret. The next year, the Legislature passed a law shielding where the governor travels or even whom he invites to the Governor’s Mansion. To qualify for a public education table in Florida’s Capitol, a group first must pledge it “aligns” with the mission of the state.

Public records laws are straightforward: They protect our right to know. In Florida, access is not a privilege but a constitutionally enshrined right. However, increasing delays, selective disclosures, and prohibitive fees highlight a growing reluctance to share information. Enormous charges for public records, like the $2 million requested from a firefighter in Broward County who wanted to know why he was passed over for promotion, or $400,000 from a former employee in Lee County wanting to understand why they were fired, serve as barriers to information, discouraging Floridians from asserting their rights, chilling free speech as well as people’s right to question government.

This isn’t a partisan issue; it’s an American one and a Floridian one. Preserving access to public records, open meetings and unimpeded speech is something we can all rally behind, regardless of our political leanings. Transparency fosters trust, strengthens communities, and upholds the values that make our country resilient. When we know what’s happening in our government, we’re better equipped to work toward the future we all want to see.

The First Amendment Foundation stands as a steadfast defender of these rights, working daily to keep public records public. Without widespread support, however, we face an uphill battle. We need your help — through tax-free donations, advocacy and your voice.

Let’s ensure Florida’s Sunshine laws remain a vital promise of open government. Please, stand up for your rights. Support the First Amendment Foundation. Demand transparency. Advocate for accountability. Together, we can protect our right to know. Join us in this mission to preserve Florida’s right to know.

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It is with great sadness that we announce the passing of Pete Weitzel, the Director Emeritus of the First Amendment Foundation and a tireless advocate for government transparency. Pete's remarkable career as a journalist and champion of open government shaped the landscape of press freedom and public access to information not just in Florida, but across the nation.

Pete dedicated nearly 40 years to the Miami Herald, serving as both a reporter and editor, before founding the First Amendment Foundation in 1984 during his presidency of the Florida Society of Newspaper Editors. His vision of a transparent government led to the Foundation’s creation, and he served as its president until 1995. His legacy includes drafting an amendment to the Florida Constitution, guaranteeing citizens the right to access government records, and his work on a Florida Supreme Court commission that helped modify court rules on public access to court records.

Among Pete’s many accomplishments, he played a pivotal role in establishing the National Freedom of Information Coalition, serving as its second president, and was a founding force behind Sunshine Week, launched in 2005 with the American Society of News Editors. His lifelong dedication to protecting and promoting the public’s right to know earned him numerous accolades, including his induction into Florida’s Freedom of Information Hall of Fame and the State Open Government Hall of Fame.

Pete’s legacy will live on through the many protections he fought for in support of the public’s right to know, and we at the Foundation will continue to honor his life’s work.

Funeral arrangements are being handled by the Neptune Society. For more information, please contact (817) 201-3468.

Our thoughts are with his family and loved ones during this difficult time.

 

A newspaper beat a libel lawsuit filed by a politician – using a law that some politicians want to weaken

By Jason Garcia

Seeking Rents

June 28, 2024

The Orlando Sentinel invoked a legal shield to defeat a defamation claim made by a local lawmaker. Gov. Ron DeSantis and some other Republicans in Tallahassee keep trying to take that shield away.
 

Earlier this year, Carolina Amesty, a Republican state representative from central Florida, sued the Orlando Sentinel.

Amesty claimed that the newspaper had defamed her. But she pretty quickly backed down after the Sentinel invoked a longstanding state law meant to stop powerful people from filing flimsy lawsuits just to silence speech they don’t like.

The episode is an example of how Florida deters what are commonly known as “SLAPP” suits — an acronym that stands for “Strategic Lawsuits Against Public Participation” and a type of suit that can be filed against everyone from neighborhood activists fighting a toxic landfill to a news and comedy show exposing coal industry corruption.

But some Florida politicians want to unravel those protections. Over the past three years, Republicans in Tallahassee ranging from Gov. Ron DeSantis to certain state legislators have proposed changes that would sabotage Florida’s anti-SLAPP laws.

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Texas councilwoman can sue over arrest she claims was politically motivated, Supreme Court rules

By John Fritze

CNN

June 20, 2024

The Supreme Court on Thursday allowed a Texas woman who served on a small-town council to continue her lawsuit against her mayor after she was arrested for what she claims were political reasons.

In an unsigned opinion, the high court said a federal appeals court took an “overly cramped view” of an earlier precedent that control when people may sue for First Amendment retaliation claims. Justice Clarence Thomas authored the only public dissent.

Sylvia Gonzalez was arrested in 2019 shortly after she took her seat as a council member in Castle Hills, Texas, following a campaign in which she heavily criticized the city manager.

Gonzalez, then 72, was arrested for stealing a government document at a council meeting – a charge that stemmed from what she said was an inadvertent shuffling of papers and what city officials said may have been motivated by a cover-up.

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A Florida Man Was Arrested for Filming Marion County Sheriff's Deputies. Now He's Suing.

By CJ Ciaramella

Reason

June 19, 2024

Numerous federal appeals courts have ruled that filming police is protected under the First Amendment, but police continue to illegally arrest people for it.
 

A Florida man has filed a federal civil rights lawsuit three years after a Marion County sheriff's deputy arrested him for filming officers from a public sidewalk.

In 2021, Marion County Sheriff's Deputy Neil Rosaci arrested George Nathansen and charged him with obstruction of justice for refusing to follow his orders to leave the scene of an investigation. However, body camera footage showed Nathansen standing at least 30 feet away on a public sidewalk before Rosaci walked over and handcuffed him.

In Nathansen's lawsuit, filed last Friday in the U.S. District Court for the Middle District of Florida, he alleges that Rosaci and the Marion County Sheriff's Office (MCSO) violated his Fourth Amendment and Fourteenth Amendment rights by falsely arresting and incarcerating him.

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