Florida still cannot enforce its Individual Freedom Act, nicknamed the “Stop WOKE Act,” after a federal appeals court upheld a federal district court’s preliminary injunction.
In Honeyfund v. Florida, 11th Cir. (March 4, 2024), a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the preliminary injunction granted by the U.S. District Court for the Northern District of Florida. The district court had found that the statute is both unconstitutionally vague and unlawfully restrictive of speech.
It is important to note that the Eleventh Circuit panel was ruling not on whether the statute is unconstitutional but only on whether the district court had abused its discretion in granting the preliminary injunction. However, in reaching that decision, the appellate panel had to evaluate whether the lawsuit is likely to succeed on the merits. Therefore, its ruling here casts light on the likely outcome of future proceedings.
The case now goes back to the district court for a ruling on the merits.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.