Abuse of Power

We are being silenced in Florida, with dangerous legislation making its way through the state Legislature that could stifle the ability of everyday Floridians to speak freely. House Bill 991 and the companion bill Senate Bill 1220 would dramatically change our state’s defamation laws and allow for monetary judgments when elected officials or others think they’ve been slighted on social media or in critical press reports. By doing away with the long-held standard of proving actual malice or ill intent in a defamation case, Florida would be inviting frivolous lawsuits to proliferate and arming elected officials and others with the ability to silence outspoken critics.

But one issue trailed him: a complaint had been filed with the Federal Election Commission by the good-government group Common Cause about his payment to Ms. Daniels, which was publicly revealed in January 2018 by The Wall Street Journal.

“When things are added at the last minute, they don’t go through that same process. Meaningful discussion and opportunity for input doesn’t exist in the same way,” said Anne Gray Herring, a policy analyst for Common Cause Georgia, which advocates for government transparency. “Sometimes new versions (are introduced) right before a hearing and the public hasn’t had meaningful time to review the proposal.”

Neal Katyal, an attorney for Common Cause, a voting rights group that was among the challengers to the map, disagreed: "The court should, if at all possible, decide this question now, rather than on an emergency basis during the 2024 election cycle."

But Common Cause, a group that opposes the GOP lawmakers, disagreed with the position taken by its own side and urged the justices to decide the case. Neal Katyal, a lawyer for the group, stressed that the court should use the North Carolina case to decide the Independent State Legislature doctrine issue rather than wait until it arises again on an emergency basis “during the 2024 election cycle.”

“Voters who know the truth about our elections have faith in them,” said Liz Iacobucci, election security program manager with the voter advocacy group Common Cause. “But the people who have been led into disbelief — those people can be led into other things, like Jan. 6.”