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Disney drops all but free speech claim in political retaliation suit against DeSantis [Disney Folds]
CNBC ^ | September 7, 2023 | Kevin Breuninger

Posted on 09/07/2023 2:26:48 PM PDT by Reno89519

Disney amended its federal lawsuit against Florida Gov. Ron DeSantis to focus solely on its First Amendment claim that the governor politically retaliated against the company.

Disney last week had asked to drop its other claims in the case because they are being actively pursued in a separate state-level lawsuit in Florida.

It’s the latest wrinkle stemming from Disney’s battle with DeSantis that began when the company publicly denounced the controversial classroom bill dubbed “Don’t Say Gay” by critics.

...

The revision, which nixes four claims Disney had previously presented in the case, shrinks the company’s federal civil complaint to 48 pages, down from 84 in the prior version.

...

DeSantis has leaned into culture-war battles as governor and on the campaign trail as he seeks the Republican presidential nomination.

...

Following Disney’s latest amendment to its federal complaint, the [Florida] board said it was “pleased that Disney backtracked on these legal claims against the district in their federal case.”

(Excerpt) Read more at cnbc.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: Florida
KEYWORDS: antiwoke; culturewars; desantis; disney; fl; florida
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Disney has now folded, dropping most of their complaint against Florida. Another win for DeSantis.
1 posted on 09/07/2023 2:26:48 PM PDT by Reno89519
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To: Reno89519

“Disney drops all but free speech claim in political retaliation suit against DeSantis [Disney Folds]”

Too late for Disney, they should have thought about that prior to taking on DeSantis, as now Trump will SAIL to the nomination.


2 posted on 09/07/2023 2:35:40 PM PDT by BobL (I eat at McDonald's and shop at Walmart, I just don't tell anyone)
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To: Reno89519
Disney last week had asked to drop its other claims in the case because they are being actively pursued in a separate state-level lawsuit in Florida.

This doesn't sound like folding to me.

3 posted on 09/07/2023 2:37:52 PM PDT by JayGalt (A proud slave must be broken before the contagion spreads. Ever was it thus.)
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To: BobL

” as now Trump will SAIL to the nomination.”

Aided by his biggest supporter, Disney.


4 posted on 09/07/2023 2:42:33 PM PDT by TexasGator
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To: TexasGator

An April 2022 Newsweek article, which stated how Disney had donated “at least $100,000” to a political action committee (PAC) linked to DeSantis before their legal battle.

The report referenced campaign contributions between March 2019 and March 2021 to the Friends of Ron DeSantis PAC, amounting to a total of $106,809.38.


5 posted on 09/07/2023 2:53:19 PM PDT by JayGalt (A proud slave must be broken before the contagion spreads. Ever was it thus.)
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To: JayGalt

And I guess it turns out that DeSantis is not beholden to campaign contributors. That’s a nice chunk of change that Disney thought could curry favor. I mean, they already knew he was anti woke.


6 posted on 09/07/2023 2:58:55 PM PDT by cport (How can political capital be spent on a bunch of ingrates)
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To: JayGalt

What it means is they didn’t have standing for the other aspects of the suit.


7 posted on 09/07/2023 3:00:43 PM PDT by cport (How can political capital be spent on a bunch of ingrates)
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To: cport

That is one way to parse things. I think DeSantis thought he could get more money & political credit by attacking Disney. IMO the way he went about this issue is very problematic. In essence he took action against a corporation for protected political speech. Despite the knee jerk reaction of joy for pushback against “groomers” DeSantis’ actions set a dreadful president.

https://letranlaw.com/insights/desantis-vs-disney-a-national-showdown-between-a-u-s-senator-and-mickey-mouse/

The constant bickering with Disney has now become a prominent feature of his presidential campaign, documented in fundraising emails and rallies. Beyond the press conferences and interviews, DeSantis dedicated a full chapter of his autobiography, “The Courage to Free,” to none other than Disney and their feud. DeSantis portrayed his feud against the Mickey Mouse company as a battle for justice: “Leaders must be willing to stand up and fight back when big corporations make the mistake, as Disney did, of using their economic might to advance a political agenda.”

DeSantis’ book is noted to be a substantial piece of evidence for Disney’s First Amendment lawsuit with the Florida governor. The lawsuit utilizes DeSantis’ statements and excerpts of his books as evidence as they were “left with no choice but to file this lawsuit to protect its cast members, guests, and local development partners from a relentless campaign to weaponize government power against Disney in retaliation for expressing a political viewpoint unpopular with certain State officials.”

Even though Disney’s argument is quite strong, many experts say that it does not necessarily indicate an immediate victory for Mickey Mouse and the case has the potential to escalate to the federal Supreme Court. Rebecca Tushnet, a First Amendment professor at Harvard Law School, said that should DeSantis come out victorious, “legislatures that share his views are going to accelerate this, unquestionably, in any way they can.” Meanwhile, if Disney wins, it could prevent future forms of retaliation by government officials. A Florida First Amendment lawyer, Gary Edinger, predicts that Disney will prevail on the First Amendment grounds.

However, it is not the only Amendment that Disney claims that DeSantis violated as he also took their “property without adequate compensation” without “legitimate state interest”—ultimately violating the 14th Amendment’s Due Process clause. DeSantis had requested immunity from their legal feud, aiming to push the trial to August 4, 2025—more than 2 years from now and a year after the presidential election (should he manage to defeat Trump’s overwhelming lead). On Disney’s side, they aim for the trial to start on July 15, 2024—the 1st day of the Republican National Convention where Republicans will decide on who their 2024 presidential candidate will be. Regardless of the date, the consequences of the lawsuit will have significant implications on free speech, dictating whether the government can have control over corporations’ free speech and allegiances.


8 posted on 09/07/2023 3:10:14 PM PDT by JayGalt (A proud slave must be broken before the contagion spreads. Ever was it thus.)
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To: JayGalt

As per http://www.opensecrets.org/orgs/walt-disney-co/totals?id=d000000128 , Disney gives far more to Democrats than to Republicans.


9 posted on 09/07/2023 3:10:46 PM PDT by skr (Righteousness exalteth a nation: but sin is a reproach to any people. - Proverbs 14:34)
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To: cport

They obviously did because they are pursuing in in another venue. Those decisions are made based on where the party initiating the suit thinks it has the best chance to prevail.


10 posted on 09/07/2023 3:11:25 PM PDT by JayGalt (A proud slave must be broken before the contagion spreads. Ever was it thus.)
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To: skr

That is not germane to the discussion. I think all of the Hollywood types give more to the left and the current Disney leading executives are disastrously woke, injuring not only our children but also the company & stockholders.
The point is Disney donated to Trump & to DeSantis.


11 posted on 09/07/2023 3:14:36 PM PDT by JayGalt (A proud slave must be broken before the contagion spreads. Ever was it thus.)
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To: JayGalt
The move is almost certainly only a tactical adjustment due to Disney's lawyers appraising the state suit as the more appropriate and favorable forum for state law claims. Generally, federal courts do not like taking up state law claims that are appended to a federal constitutional law claim; and even when a federal court takes up state law claims, they tend to complicate and delay the progress of the case.

In this instance, I believe that Disney's lawyers see the federal judge as more likely to issue a favorable ruling and will do so more quickly if the federal court case is based solely on the First Amendment.

12 posted on 09/07/2023 3:20:33 PM PDT by Rockingham
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To: JayGalt

I meant they didn’t have federal standing.


13 posted on 09/07/2023 3:31:40 PM PDT by cport (How can political capital be spent on a bunch of ingrates)
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To: JayGalt
"The point is Disney donated to Trump & to DeSantis"

And DeSantis slammed Disney afterwards while Trump gave words of encouragement. All this talk about how DeSantis will be beholden to donors, and Trump proved that he is.

14 posted on 09/07/2023 3:34:31 PM PDT by cport (How can political capital be spent on a bunch of ingrates)
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To: Rockingham
"I meant they didn’t have federal standing."

But after reading your subsequent post on the matter, I see where I erred. A tactical adjustment seems the right explanation.

15 posted on 09/07/2023 3:37:00 PM PDT by cport (How can political capital be spent on a bunch of ingrates)
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To: Reno89519

” Another win for desantis”

looks like he’s got a long way to go in order to match Trumps accomplishments and his poll ratings. But, good luck with that

https://trumpwhitehouse.archives.gov/trump-administration-accomplishments/


16 posted on 09/07/2023 3:54:21 PM PDT by patriot torch (..)
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To: JayGalt

DeSantis 8s a great Govenor l, let him stay thier.


17 posted on 09/07/2023 3:55:36 PM PDT by cowboyusa (YESHUA IS KING OF AMERICA! DEATH TO MARXISM AND GLOBALISM! Trump 2024, NO more Mr Nice)
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To: BobL

Disney just keeps digging its grave.


18 posted on 09/07/2023 6:17:58 PM PDT by Bookshelf
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To: Reno89519

“Disney last week had asked to drop its other claims in the case because they are being actively pursued in a separate state-level lawsuit in Florida.”

seriously? do you REALLY expect us to believe that’s “folding”?


19 posted on 09/07/2023 9:17:22 PM PDT by catnipman (In a post-covid world, ALL "science" is now political science: stolen elections have consequences)
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To: Reno89519; JulieRNR21; Travis McGee; AAABEST; kinganamort; katherineisgreat; floriduh voter; ...

Florida Freeper

I'm compiling a list of FReepers interested in Florida-related topics.
If you want to be added, please FReepMail me.

20 posted on 09/08/2023 5:38:55 AM PDT by Joe Brower ("Might we not live in a nobler dream than this?" -- John Ruskin)
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