In what could very clearly become the slipperiest of slopes, a bill introduced in the Florida Senate would make calling someone ‘transphobic’ , ‘homophobic’ , racist, or sexist a form of defamation.
Introduced on Friday, SB 1780 “Defamation, False Light, and Unauthorized Publication of Name or Likeness,” would make it easier for people to sue each other for defamation.
According to the bill, “an allegation that the plaintiff has discriminated against another person or group because of their race, sex, sexual orientation, or gender identity constitutes defamation per se,” which means that even when said allegations are false, they are automatically defamatory – meaning that anyone accused of said ‘isms’ wouldn’t have to prove “actual malice,” a higher standard set for defamation suits following a 1964 Supreme Court case, New York Times vs. Sullivan.
In instances where someone is accused of homophobia or transphobia, defendants charged with defamation wouldn’t be allowed to use the plaintiff’s religious or scientific beliefs as part of their defense, and could face fines of at least $35,000.
The bill, which has a counterpart in the Florida House (HB 757), would also significantly narrow the definition of “public figure” in defamation lawsuits to exclude non-elected or appointed public employees, as well as individuals who became publicly known for defending themselves against accusations – either by giving interviews or being the subject of a viral “video, image, or statement uploaded on the Internet,” CBS News reports.
The bill also weakens protections for anonymous sources for journalists – and classifies their statements as “presumptively false,” making journalists vulnerable to lawsuits.
Hellbound and Down 
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