Florida lawmakers returned to Tallahassee in March for the 2025 legislative session. The legislature continues its trend of censorship and discrimination with a string of bills that would unfavorably impact free speech and free expression, freedom of the press, immigrants’ rights, and LGBTQ+ rights.
However, at least two bills have been introduced by lawmakers that seek to undo many of the censorial trends of the past few years, especially the harmful bills that have undermined public education, led to a terrifying number of book bans, and eroded academic freedom. While these bills have little chance of survival in the super majority in Tallahassee, PEN America Florida applauds and supports the efforts to protect the right to read and learn.
The bills PEN America is tracking this legislative session and our critical perspective on each follows:
HB 811 – Education / “Freedom to Learn” Act
SUMMARY — Removes language from the original Stop WOKE Act and Don’t Say Gay law from Florida statutes, and language from HB 1069 (2023) that has streamlined book bans in Florida, and SB 266 (2023) that has eliminated funding for DEI initiatives on college campuses
- WHY WE SUPPORT — HB 811/the Freedom to Learn Act liberates Florida statutes from language that has chilled speech and spread fear, hatred and censorship in Florida schools, colleges and universities for years.
- HB 811 removes language from the Stop WOKE Act from Florida Statutues—an act that has been blocked from places of employment and from higher education by a federal judge. The courts have ruled the Stop WOKE Act to be unconstitutional, and so HB 811 is aligning Florida with the courts and with democracy by making this correction
- HB 811 removes provisions established in HB 1069 (2023) and SB 266 (2023) that have contributed to sweeping DEI bans and Florida becoming the number one book banner in the nation. Both HB 1069 and SB 266 are currently facing litigation, much like the Stop WOKE Act did.
- Florida is suffering a teacher shortage crisis, a student disengagement crisis, and a reputation for being an uneducated, hateful state due to legislation like the Stop WOKE Act, Don’t Say Gay, HB 1069, SB 266 and so much more. HB 811 is the first step to correcting that and setting Florida on the right track.
HB 609 – Public Postsecondary Academic Freedom
SUMMARY — A bill that revises the definition of intellectual freedom and viewpoint diversity to know longer include “limit students’, faculty members’, or staff members’ access to, or observation of, ideas and opinions that they may find uncomfortable, unwelcome, disagreeable, or offensive.”
- WHY WE SUPPORT — HB 609 establishes a precedent for ensuring that state colleges and universities are free from political influence and interference without resorting to censorious tactics.
- HB 609 correctly identifies that “shielding” students, faculty and staff from ideas that they may find uncomfortable does not truly allow them to understand themselves and learn from others—encountering diverse ideas is necessary for a rigorous and quality education.
- Chilled speech has spread throughout Florida colleges and universities as a result of the current definition, which disproportionately affects marginalized students, faculty and staff. This is what truly causes people to feel uncomfortable and unwelcome.
- Adverse speech can only be fought with more speech—censorship is never the answer.
SB 100 – Display of Flags by Governmental Entities
SUMMARY— A bill that wants to ban flags that represent “political viewpoints” from public schools, colleges and universities, naming “racial, sexual orientation and gender” as the viewpoints being targeted.
- WHY WE OPPOSE — SB 100 is overly vague and infringes on Floridians’ self expression protected under the First Amendment.
- SB 100 makes no distinction between public speech versus private speech, a line that is often blurred at public colleges and universities. This vagueness will lead to overapplication and chilled speech.
- I.e. Is it public or private speech for a student to hang a flag in their dorm, or a professor to hang one in their office? Or for a flag to be displayed at a student event? This bill doesn’t address any of the nuances of what speech can be considered “government speech” in student or communal centers.
- Equating a person’s race, gender and/or sexual orientation with their political stance is deeply troubling and suggests that Floridians of color and LGBTQ+ Floridians are the true targets of this bill. It denies them visibility, expression, and connection to community.
- SB 100 makes no distinction between public speech versus private speech, a line that is often blurred at public colleges and universities. This vagueness will lead to overapplication and chilled speech.
HB 855 – Postsecondary Education
SUMMARY — A bill that wants to prohibit all Florida universities, public and private, from admitting undocumented students.
- WHY WE OPPOSE — HB 855 blatantly violates the Constitution which ensures that undocumented peoples are guaranteed equal protection under the law, which includes access to public education.
- HB 855 demonstrates blind allegiance to the authoritarian takeover of our federal government and prioritization of ideological brownie points over the rights of Floridians.
- HB855 is another attempt by the Florida legislature to get ahead of what is actually legally or constitutionally viable.
- Supreme Court case Plyler v. Doe (1982) ruled that if children who are citizens have access to a free, public education, so should undocumented immigrant children under the 14th Amendment, which says that the government cannot “deny to any person within its jurisdiction the equal protection of the laws.”
- Immigrants are essential to the very fabric of Florida’s history and day-to-day life and play an especially key role in our workforce. Attempting to shut them out from public education/a chance at the “American dream” will disenfranchise them from staying in Florida at all
