Disney vs DeSantis: Disney is Not Holding Back Words
Written by A.M. Ray aka Jamm on April 27, 2023
Disney has filed a lawsuit against Florida Governor Ron DeSantis, alleging that it has been the victim of a “targeted campaign of government retaliation” for speaking out against the “Don’t Say Gay” bill. The lawsuit came after a board appointed by DeSantis moved to recover power it had lost over Disney’s special taxing district. Earlier this year, Disney quietly outmaneuvered the board and struck a decades-long deal to ensure it retained authority over the land around its sprawling Orlando-area theme parks.
DeSantis responded to the lawsuit by stating that he is “unaware of any legal right that a company has to operate its own government or maintain special privileges not held by other businesses in the state” and called the lawsuit “yet another unfortunate example of their hope to undermine the will of the Florida voters and operate outside the bounds of the law.”
However, legal experts have stated that Disney is on firm footing. Floyd Abrams, a renowned First Amendment attorney, said that the case is “a serious First Amendment case” and expected the case to survive a motion to dismiss by Florida. Ted Boutrous, a First Amendment attorney, agreed, saying that Disney had put together “a powerful complaint” and that its “First Amendment arguments are extremely strong.” Rebecca Tushnet, a professor of First Amendment Law at Harvard Law School, noted that Disney “has a strong case, both under the First Amendment and potentially for violation of its property rights that the state is trying to destroy.”
The lawsuit has attracted attention as it has been portrayed in the right-wing media as an attempt by Disney to push a “radical LGBTQ agenda.” However, the legal case is focused on the First Amendment and property rights. While DeSantis faces an uphill legal battle, the anti-Disney narrative has played well in the right-wing media, where facts take a back seat to hyperbole. The truth is that characterizing Disney as a company that aims to morally bankrupt kids has become a mainstream position in GOP media circles.
The lawsuit filed by Disney against Florida Governor Ron DeSantis has garnered attention, with legal experts stating that Disney has a strong case. The case highlights the importance of the First Amendment and property rights and the growing divide between corporations and conservative politicians. While DeSantis has enjoyed support in the right-wing media, the legal case will be decided on the basis of reality and the law, which could cost him.
