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jackjjackson ST. PETERSBURG, Fla. — Florida's new "anti-riot" law championed by Republican Gov. Ron DeSantis as a way to quell violent protests is unconstitutional and cannot be enforced, a federal judge ruled Thursday.
The 90-page decision by U.S. District Judge Mark Walker in Tallahassee found the recently-enacted law "vague and overbroad" and amounted to an assault on First Amendment rights of free speech and assembly as well as the Constitution's due process protections.
People engaged in peaceful protest or innocently in the same area when a demonstration turned violent could face criminal charges and stiff penalties under the law, the judge said.
A key issue is defining what the word "riot" means in the statute. Walker noted that past Florida laws sought to prevent demonstrations that could threaten segregationist Jim Crow-era practices.
Florida Adopts Nation's Toughest Restrictions On Protests
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Florida Adopts Nation's Toughest Restrictions On Protests
"If this court does not enjoin the statute's enforcement, the lawless actions of a few rogue individuals could effectively criminalize the protected speech of hundreds, if not thousands, of law-abiding Floridians," Walker wrote.
"It unfortunately takes only a handful of bad actors to transform a peaceful protest into a violent public disturbance," the judge added.
DeSantis said during an appearance in New Port Richey that the state will take its case to the Atlanta-based 11th U.S. Circuit Court of Appeals. The governor called the ruling by Walker a "foreordained conclusion" and has said he frequently prevails when appealing Tallahassee judges' orders.