The governor and legislature's actions toward Disney were retaliation. This is undeniable targeted governmental abuse of power. Anyone who denies that is choosing to ignore the public comments that have been made and cited in the case. They went even further with their legislation to void legally binding contracts. These are egregious actions by a government body that violate the protections for both people and business entities granted by the US Constitution.
• Representative Spencer Roach allegedly stated, “If Disney wants to
embrace woke ideology, it seems fitting that they should be regulated
by Orange County”
• Representative Randy Fine allegedly said to the Florida House State
Affairs Committee, “You kick the hornet’s nest, things come up. And
I will say this: You got me on one thing, this bill does target one
company. It targets The Walt Disney Company”
• In his memoir, Governor DeSantis allegedly narrated his legislative
campaign against Disney, writing, “Nobody saw it coming, and Disney
did not have enough time to put its army of high-powered lobbyists to
work to try to derail the bill. . . . Disney had clearly crossed a line in
its support of indoctrinating very young schoolchildren in woke gender
identity politics”
• Senator Joe Gruters, following the successful vote on Senate Bill 4C
dissolving RCID, allegedly proudly exclaimed, “Disney is learning
lessons and paying the political price of jumping out there on an issue”
• Warning corporations against expressing disfavored viewpoints,
Governor DeSantis’s press secretary, Christina Pushaw, allegedly
stated “Go woke, go broke.”
Specifically, the Legislature passed and the Governor signed legislation that dissolved the Reedy Creek Improvement District and barred its successor from enforcing any agreements that had been agreed to before the dissolution. FAC ¶¶ 63, 162. Subsequently, the new district that replaced the RCID issued a declaration that also purported to void such contracts. Id. at ¶ 158. In addition to numerous statements by legislators acknowledging that these actions were meant to target Disney specifically, the Governor wrote in his memoirs that he only learned that other districts would be affected by the legislation after he worked with staff in the House to develop a plan to punish Disney.
While these actions didn't necessarily gag Disney from making additional statements, it is considered a violation of the Constitution and there have been many cases of it brought before the courts where they overturned the enacted laws. I would encourage you to go read Disney's original filing on this and the amicus brief from The Reporters Committee for Freedom of the Press, both cases cite numerous examples of similar situations of government retaliation.
The Supreme Court has explained that “as a general matter the First Amendment prohibits government officials from subjecting an individual to retaliatory actions . . . for speaking out.” Hartman v. Moore, 547 U.S. 250, 256 (2006).
The Eleventh Circuit has expressly held that “[t]he Government may not retaliate against individuals or associations for their exercise of First Amendment rights by imposing sanctions for the expression of particular views it opposes.” Ga ’n of Educators v. Gwinnett Cnty. Sch. Dist., 856 F.2d 142, 145 (11th Cir. 1988)
You can make the argument about RCID not being Disney, as a few other Internet "lawyers" have, but Disney clarified the connection and damages these actions will have in the case. Also,
it defies logic to say that changing RCID doesn't affect Disney. If that were true, then why did the state change the laws, when their stated purpose was to take away their self-governing powers?
Again, I encourage you to read the case or back thru the many pages here where it's been discussed.
