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ARTICLE · 08 AUGUST 2024

Escaping The "Upside Down" – Halting Florida's Stop WOKE Act

Two years ago, Florida became the center of widespread media attention with its enactment of a new law, which set out to curb training and teaching relating to inclusion, equity, and diversity ("IE&D").

United StatesLitigation, Mediation & Arbitration

Two years ago, Florida became the center of widespread media attention with its enactment of a new law, which set out to curb training and teaching relating to inclusion, equity, and diversity ("IE&D"). Since then, there has been a battle in the courts as to the validity of the legislation based on the argument that it constitutes impermissible state government restriction of free speech. That battle just ended: the Stop WOKE Act's prohibition against certain workplace IE&D trainings and teachings has been permanently struck down as a violation against free speech.1

In 2022, Florida enacted the Individual Freedom Act ("IFA"), labeled the "Stop the Wrongs to Our Kids and Employees Act" or "Stop WOKE." Among other things, Stop WOKE sought to prohibit employers from requiring employees to attend a meeting or undergo a training or instruction "that espouses, promotes, advances, inculcates, or compels" employees to believe various concepts based on "race, color, sex,

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