Commentary: First Amendment protects all speech, not just what’s popular
By Bob Shaw
A few months ago, the First Amendment Foundation agreed to partner with the University of Florida Levin College of Law to help launch a First Amendment Law Laboratory—designed to expose students to the real-world complexities of free expression and the right to know.
Now, the UF law school finds itself at the center of a national controversy over one student’s body of work and the offensive views he has expressed. Preston Damsky’s academic paper argues that the Constitution’s opening phrase “We the People” was intended only for whites, and he has advocated for the expulsion of nonwhite citizens. More recently, comments on his personal social media feed included a remark about the need to “abolish” Jews “by any means necessary.”
Public outrage is understandable. These views are odious and the antithesis of what America stands for. But here’s the hard truth: the First Amendment protects vile, hateful speech, not just popular opinions. That is the burden — and the genius — of a free society.
Even before the U.S. Supreme Court wrote in its landmark New York Times v. Sullivan (1964) that public debate must be “uninhibited, robust and wide-open,” Justice Oliver Wendell Holmes noted that perhaps the most important idea in the Constitution “is the principle of free thought — not free thought for those who agree with us but freedom for the thought that we hate.”
The fact that Damsky’s views are widely held to be loathsome does not negate his right to express them, even in a publicly-funded law school. Damsky’s papers — another called for the expulsion of immigrants — have received awards. It’s not likely his professors, who have remained silent, agreed with his conclusions. But they were clearly impressed by his scholarship and writing skills, which are the principal criteria for grading academic papers.
That doesn’t mean his speech is free from consequences. Damsky has reportedly lost a legal internship over his public comments. Bar examiners, potential employers, and civic organizations may — and likely will — make their own judgments and express their own First Amendment rights when it comes to hiring him or even allowing him to practice law. That is how a marketplace of ideas functions in a democracy.
The more serious concern lies in his call on social media to eliminate Jews “by any means necessary.” Here, First Amendment protection hinges on context. Courts distinguish between expressing even hateful ideas and inciting violence. A disturbing opinion stated on social media is different from saying the same thing to a mob. The university should investigate whether Damsky’s comments crossed that legal line, particularly whether his posts violate federal Title VI protections against a “hostile environment” for minority groups, including Jews.
And that is exactly what it is doing. The university’s investigation is scheduled to conclude in July. Meantime, Damsky has been suspended.
But before calling for his expulsion, we must consider a broader principle. Just a few weeks ago, many people criticized ICE and the Trump Administration for forcibly detaining and revoking the visa of a foreign student whose only “crime” was to co-author an op-ed about Palestinian rights in her college newspaper. The logic behind both reactions — one from the right, one from the left — is uncomfortably similar: punish speech we disagree with.
If we allow public universities to expel students based on offensive but legally protected views, we erode the very foundation of academic freedom and constitutional liberty that protects the speech of all of us. Yes, Damsky’s rhetoric is ugly. But the First Amendment was designed precisely to protect such speech — so the public, fully informed, can judge it for what it is.
Free speech is not without cost. Say what you believe, and the world will know who you are. That is both the beauty and the burden of the First Amendment.
Bob Shaw is the chairman of the First Amendment Foundation
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It’s time for lawmakers and citizens alike to push back — hard. The Sunshine State is going dark. It’s up to us to turn the lights back on.
By Bobby Block, Executive Director, First Amendment Foundation
There was a time when Florida set the gold standard for open government. Our Sunshine laws were the envy of the nation, a model for accountability, transparency and public access to information about what our government gets up to. Those days are over. Today, Florida is sliding into secrecy at an alarming pace, and the blame rests squarely with Gov. Ron DeSantis and the state agencies following his lead.
Public records laws in Florida aren’t suggestions; they’re enshrined in law, designed to ensure that the people know what their government is doing in their name. But DeSantis’ office has decided that compliance is optional. Delay, deny or ignore — that’s the new standard operating procedure for the Executive Office of the Governor. The message is clear: If you want access to records that you’re legally entitled to, you’ll have to sue us.
This obstruction isn’t just a nuisance — it’s illegal. Chapter 119 of Florida Statutes requires public officials to provide requested records in a timely manner. But under DeSantis, delays have stretched from months to more than a year. In some cases, records are outright withheld without explanation. Court cases challenging these violations are piling up, and judges are starting to call out the administration’s blatant disregard for the law.
And it’s not just the governor’s office. State agencies, local governments, and even law enforcement are taking their cues from the top, making public records harder to access by citizens, lawyers, and the private sector. The result? A 2024 study from the Joseph L. Brechner Freedom of Information Project at the University of Florida confirms what we already knew: Access to public information in Florida is deteriorating fast. Florida now ranks at number 31, the bottom half of U.S. states when it comes to compliance with public records requests.
The hypocrisy would be laughable if it weren’t so dangerous. After the recent assassination attempt on then-presidential candidate Trump at a golf course near Mar-a-Lago, DeSantis contended that Florida should lead the investigation in part because our records laws would enable the public to request information about it. This, from the same governor whose office has repeatedly hidden public records, fought lawsuits and even claimed an “executive privilege” that does not exist under Florida law.
This isn’t a partisan issue. Transparency is a fundamental principle of good government, whether you lean left, right or somewhere in between. Every Floridian, regardless of politics, deserves to know how their tax dollars are spent, how decisions are made, and what their leaders are doing behind closed doors.
It’s time for lawmakers and citizens alike to push back — hard. The Florida Legislature needs to hold oversight hearings. The courts need to continue striking down these blatant violations of the law. And the public needs to demand better, because when transparency dies, corruption flourishes.
The Sunshine State is going dark. It’s up to us to turn the lights back on.
The First Amendment Foundation is a nonprofit organization established in 1985 to protect and advance the rights of free expression, protest and the press, as well as to promote open government and access to public records. For more information about us and how to support our efforts please visit www.floridafaf.org
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Defend your right to know | Opinion
By Bobby Block, FAF Executive Director
As we move forward from a landmark election, it’s important to remember a fundamental truth: The strength of American democracy rests in the freedoms that define it. In every era, and particularly in times of change, it is the job of all citizens to double down on efforts to preserve these freedoms — our rights to speak, to hear and to know what our government is doing on our behalves. These are not just ideals; they are the safeguards of an open and accountable society.
Here in Florida, however, our right to know is under siege from the very officials sworn to defend it. Government transparency and access to public records — critical parts of Florida’s Sunshine laws — are increasingly being flouted or simply ignored by politicians who want to draw a veil of secrecy across the state. These laws ensure that everyone, regardless of background or belief, has the chance to see how decisions are made and to hold leaders accountable. But today, these rights are being curtailed, making it harder for Floridians to stay informed about matters that impact their communities and daily lives.
Sometimes, it’s hard for people to grasp why access to this information is so important, or why we should even be allowed to ask for it. Unlike physical property such as firearms protected under the Second Amendment, your rights to free speech and public information are intangible — ideas, rather than something you can hold. But make no mistake: These rights shape every aspect of your life. They are embedded in every conversation, debate or demand for accountability. When government transparency is selectively curtailed, your right to understand, question and engage in public life is eroded bit by bit, often without notice.
For example, as of 2022, we now select university presidents in Florida largely in secret. The next year, the Legislature passed a law shielding where the governor travels or even whom he invites to the Governor’s Mansion. To qualify for a public education table in Florida’s Capitol, a group first must pledge it “aligns” with the mission of the state.
Public records laws are straightforward: They protect our right to know. In Florida, access is not a privilege but a constitutionally enshrined right. However, increasing delays, selective disclosures, and prohibitive fees highlight a growing reluctance to share information. Enormous charges for public records, like the $2 million requested from a firefighter in Broward County who wanted to know why he was passed over for promotion, or $400,000 from a former employee in Lee County wanting to understand why they were fired, serve as barriers to information, discouraging Floridians from asserting their rights, chilling free speech as well as people’s right to question government.
This isn’t a partisan issue; it’s an American one and a Floridian one. Preserving access to public records, open meetings and unimpeded speech is something we can all rally behind, regardless of our political leanings. Transparency fosters trust, strengthens communities, and upholds the values that make our country resilient. When we know what’s happening in our government, we’re better equipped to work toward the future we all want to see.
The First Amendment Foundation stands as a steadfast defender of these rights, working daily to keep public records public. Without widespread support, however, we face an uphill battle. We need your help — through tax-free donations, advocacy and your voice.
Let’s ensure Florida’s Sunshine laws remain a vital promise of open government. Please, stand up for your rights. Support the First Amendment Foundation. Demand transparency. Advocate for accountability. Together, we can protect our right to know. Join us in this mission to preserve Florida’s right to know.
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 It is with great sadness that we announce the passing of Pete Weitzel, the Director Emeritus of the First Amendment Foundation and a tireless advocate for government transparency. Pete's remarkable career as a journalist and champion of open government shaped the landscape of press freedom and public access to information not just in Florida, but across the nation.
Pete dedicated nearly 40 years to the Miami Herald, serving as both a reporter and editor, before founding the First Amendment Foundation in 1984 during his presidency of the Florida Society of Newspaper Editors. His vision of a transparent government led to the Foundation’s creation, and he served as its president until 1995. His legacy includes drafting an amendment to the Florida Constitution, guaranteeing citizens the right to access government records, and his work on a Florida Supreme Court commission that helped modify court rules on public access to court records.
Among Pete’s many accomplishments, he played a pivotal role in establishing the National Freedom of Information Coalition, serving as its second president, and was a founding force behind Sunshine Week, launched in 2005 with the American Society of News Editors. His lifelong dedication to protecting and promoting the public’s right to know earned him numerous accolades, including his induction into Florida’s Freedom of Information Hall of Fame and the State Open Government Hall of Fame.
Pete’s legacy will live on through the many protections he fought for in support of the public’s right to know, and we at the Foundation will continue to honor his life’s work.
Funeral arrangements are being handled by the Neptune Society. For more information, please contact (817) 201-3468.
Our thoughts are with his family and loved ones during this difficult time. |
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