OPINION: Florida’s revised defamation bill attacks constitution and conservative media
Florida Republican lawmakers are once again on the attack against liberal mainstream media. Their goal is to pass a new bill making it easier to sue news organizations and hold them accountable for their distortions of the truth. It sounds great in theory, but I believe conservative media will, undoubtedly, be hit the hardest.
Florida Republican lawmakers are once again on the attack against liberal mainstream media. Their goal is to pass a new bill making it easier to sue news organizations and hold them accountable for their distortions of the truth. It sounds great in theory, but I believe conservative media will, undoubtedly, be hit the hardest.
As a Republican who works in the media, I empathize with the frustration of conservatives every time I see hit pieces, headlines and the overall framing of news stories written to run cover for the Democratic Party or intentionally hurt Republicans. Clearly, the author of the bill, Rep. Alex Andrade, R-Pensacola, feels the same way. I believe his intentions are noble.
Unfortunately, this renewed effort to revise defamation laws in the state stirs deep concerns, echoing the same fears I voiced earlier last year. The initial bill, HB 991, would have stifled political speech and increased the legal vulnerability of media, including conservative outlets.
Rep. Andrade’s pared-down version still presents significant challenges, particularly around the use of anonymous sources. This focus not only undermines nearly 60 years of U.S. Supreme Court precedent but also dismisses the historical value of anonymous speech in America—a point highlighted best by Gov. Ron DeSantis.
DeSantis has repeatedly recalled the anonymity of The Federalist Papers’ authors, Alexander Hamilton, John Jay and James Madison, emphasizing the long-standing tradition and importance of anonymous speech in our nation’s history. His words resonate with the concerns surrounding the bill’s impact on anonymity for sources, valued by whistleblowers and integral to the work of journalists exposing wrongdoing.
The bill also introduces the option to select any circuit court for internet-related defamation cases. This is sometimes referred to as “forum shopping,” and it would enable anyone, including liberals and their trial-lawyer allies, to weaponize the law to target conservative media.
Simply put, the person suing gets to pick the location. That means a liberal activist lawyer can choose to go to trial in deep-blue Broward County, where no conservative would fare well with judge or jury.
Democrats, leftist activists and liberal lawyers are likely to see this as a golden opportunity to do exactly what they’re doing to President Donald Trump—engage in “lawfare.” Sue-happy lawyers will attack influential conservative voices, starting with independent entities that have massive reach but certainly don’t have unlimited corporate defense funds. That includes individuals such as Benny Johnson and Dave Rubin, as well as center-right media organizations like Florida’s Voice and The Floridian, and my Naples/ Fort Myers radio station, a FOX News affiliate.
These organizations will be crippled with legal bills, threatening their ability to provide the counterweight they present every day to the liberal media outlets.
Speaking of Rubin and Johnson, who create unique and cutting-edge content often laced with humor and sarcasm, the bill also attempts to define and lay out AI-guidelines with a “false light” provision.
It states, “A person who uses artificial intelligence to create or edit any form of media so that it attributes something false to or leads a reasonable viewer to believe something false about another person is subject to liability.”
This opens a Pandora’s box of infinite legal challenges. Where do we even start? Define “believe.” Define “false.” Who defines those words?
Not only is this component of the bill irresponsibly vague, it states that anyone can sue if “the false light in which the other person was placed would be highly offensive to a reasonable person.” Again, define “highly offensive.” Better yet, can someone please tell me who is a “reasonable person?”
In his defense of the bill, Rep. Andrade argues for the need to balance the scales for public figures in defamation cases. As a conservative, I understand the urge to counteract the liberal-dominated media landscape. However, his approach overlooks the bedrock of our country— the First Amendment. It will inadvertently silence the very voices it seeks to protect, echoing DeSantis’ concerns about the importance of safeguarding our Constitutional right to free speech.
Editor’s Note: This commentary by Fox 92.5 host Trey Radel opposes both defamation proposals, House Bill 757 and Senate Bill 1086. Radel is a Republican who previously represented Florida in the U.S. House of Representatives. Radel’s Fox News radio affiliate in Florida shares its parent company with The Naples Press.