A recent report by PEN America has highlighted emerging weaknesses in the extensive censorship initiative led by Governor Ron DeSantis and the Florida Legislature. The aggressive legislative agenda aimed at undermining freedoms of speech, reading, and education is facing increasing pushback, suggesting a shift in the battle for free expression in Florida, the white paper entitled “Cracks in the Facade: Lessons Learned from Florida’s Ongoing Censorship Campaign” suggests.

The analysis, produced by PEN America’s Florida division, is optimistic citing recent legislative and court victories against censorship laws. However, it stresses the necessity of ongoing resistance to permanently counter these free expression threats. “Only sustained resistance can permanently beat back the attack on free expression,” the report reiterates.

The cost of censorship: financial and constitutional implications

Katie Blankenship, the director of PEN America’s Florida office, criticised the state’s legislative actions, saying, “By continuing to pass bills that are a knife to the heart of our Constitutional protections, Florida lawmakers are not only willing to attack the rights that Americans hold sacred but they are also wasting taxpayer dollars to try to uphold them.”

The white paper underscores the extensive impact of DeSantis’ censorship campaign, from increasing book bans—Florida leads the nation—to targeting educational content addressing systemic sexism and racism. The 2024 Florida legislative session, however, showed signs of a changing tide, with several proposed bills either failing to pass or being significantly modified due to growing resistance.

The document also highlights the financial cost of defending these laws in court, noting that in 2022, litigation costs against multiple lawsuits amounted to approximately $17 million for Florida taxpayers. Yet, recent court victories striking down some of the most controversial laws suggest a promising counter to the wave of government-sponsored censorship.

Victories in court: striking down restrictive laws

The analysis credits a mix of grassroots activism, political shifts, and declining influence of conservative groups like Moms for Liberty and Florida Citizen Alliance for the successes in opposing the censorship agenda. The public backlash against these groups, particularly regarding their stance on LGBTQ+ and diversity education, indicates a broader weariness with censorship efforts.

Concluding, the report suggests that the combination of legislative and court failures, alongside Governor DeSantis’ waning political fortunes, points to the increasing political liability of such censorious policies. “What this means for DeSantis’s willingness to pursue his agenda of censorship-as-policy remains to be seen, but offers new opportunities for opponents of censorship to turn the tide,” the white paper states, indicating a pivotal moment in the fight for free expression in Florida.