DeSantis vs. Disney

How do I refuse to be educated on legal issues? I've quoted Gorsuch multiple times in this thread.

I don't have all of the answers, especially to legal issues that involve gray areas. That doesn't mean I have no desire for knowledge regarding legal issues. That couldn't be further from the truth.

 

Is that a threat?

I hate to break it to you, but I don't think DeSantis changes anything as to how leftists would react to speech they don't like. They already characterize everything they don't like as hate speech or misinformation and threaten businesses with regulation, liability, and taxes.

All this did was piss them off.

 

Gorsuch's dissents are not law. They are his opinions rejected by the majority. And, the quotes have nothing to do with this issue; those quotes addressed constitutional issues concerning the authority of Congress to pass legislation enabling administrative agencies to pass regulations.

Perry v Snyderman was quoted in this thread. It is on point authority. Read it again.

 

I posted concurrences.

 

Does not matter. The majority did not reach the constitutional issue or overrule Congress' authority to enable administrative agencies to pass regulations. and, his opinions are at odds with prevailing Supreme Court precedent. What Gorsuch wrote is not the law.

And, they are still off topic.

At least one was a dissent.

 

It should piss off any American who values free speech. Unfortunately, we have a segment of our population who have never outgrown the "Why are you mad at me, Mommy? They did it first" cliché.

 

No. It is a warning. Why do you think that you would be different for criticizing someone who wants to impose political consequences on what you say?

They just did that to Disney.

I am not talking about how "leftists" react. Or right wingers.

Just spare us the accusations about "leftists"; Disney's special governance district just got canceled by government.

Sadly, you can't see the difference between private boycotts and government sanction of speech.

You see this as some form of "tit for tat." And every one of your posts reflect that.

My warning is because once you adopt the "political consequences" doctrine rendering sanction for speech appropriate, it applies to everyone.

Even you.

That you feel threatened should be enough for you to understand the problem.

 

Per Curiam... Same case:

"In our system of government, that is the responsibility of those chosen by the people through democratic processes. Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category."

I'm sorry, I don't need your condescension about the law.

I'll ask you the same question I asked @g8rjd : "What is the highest American legal authority that prohibits OSHA from exercising powers not delegated to it by Congress?"

Gorsuch just happened to go a step further and suggest that even if Congress had delegated that kind of authority as OSHA and the Biden Administration believed, it would have been Unconstitutional.

 

The problem is that you can't educate anything with unreliable sources. Is "Libs of Tik Tok" an objective, non-partisan, non agenda-driven source with validation of integrity? I think not. I've questioned the extent that gender indoctrination, etc. is occurring in elementary schools. I don't doubt it's happening and disapprove of some of the curricular resources that have been shared. I don't trust your source, though.

On topic: Noted education expert Diane Ravitch chimes in on the Disney issue.
Ron DeSantis’ Abuse of Government Power to Impose His Hatreds Is Dangerous

What’s at issue is the use of such a policy as retaliation against Disney for taking a stand on DeSantis’s law. The measure bars or restricts instruction on sexual orientation and gender orientation in a way that’s plainly designed to chill even the most routine discussion of LGBTQ topics. Disney opposes the law on the grounds that “it could be used to unfairly target” LGBTQ kids and families. And this is an absolutely understandable fear.

But here again, the law’s specifics are beside the point. You don’t have to back Disney’s stance to agree that the company should not be punished with a change in government policy for expressing its opinion of the law.

So what does this tell us about a possible GOP future? Well, on multiple fronts, the Republican Party is growing much more inclined to use state power to fight the culture wars, well beyond just DeSantis.

 

Not sure they are willing to accept the trade off in services that would result if this stands. I suspect they will bankroll a suit from one of the other districts being negatively impacted by this. Or the counties may file suit themselves

 

That concern is legitimate.

The problem is we've already been living under these standards for a while. DeSantis is just being more open about it.

I also think it's fair to question whether revoking "special privileges" which are unique to Disney qualifies as sanctioning speech.

There is a line Florida could have crossed here, it's just not clear if they did, which is a huge reason I want to see this litigated. I want these questions to be answered.

I'd rather live in a world where none of this happened. The problem is that it's been happening.

 

That is statutory interpretation and has nothing to do with constitutional interpretation or this thread. Gorsuch addressed the Constitutional authority of Congress to empower administrative agencies. You just won't listen to any of the lawyers who keep telling you this.

The sentence you quoted does not hold that Congress cannot, in the exercise of its powers, empower administrative agencies to regulate.

But, enough diversion from this thread to teach you administrative law principles you refuse to understand.

 

Pretty detailed analysis on county and state law implicated. Don’t know if I agree with their political analysis and Greg Doucette disagrees with some of the 1A analysis. But good detail on the municipal governance issues

Conservative Media Cheering DeSantis Crackdown on Disney Are Ignoring What a Catastrophe It Would Be for Florida

 

Because with all due respect, I don't completely trust the lawyers on this forum, and that is earned.

But it says that OSHA cannot act without Congressional delegation of authority. Which I ask again... why not? What legal authority stops them?

I also noted, again, Gorsuch just happened to go a step further and suggest that even if Congress had delegated that kind of authority as OSHA and the Biden Administration believed, it would have been Unconstitutional.

 

Did you read Perry v Snyderman that @gator_lawyer cited upthread?

Discuss what the Court held?

Disney's right of self governance is not the speech. It is the opposition to the law that motivated the taking away of that right.

Also, "special privileges" is your word. You need to be precise about what was taken. The history is upthread. It is rights bargained for by Disney that induced it to convert raw land into a multi billion dollar development. These re not "special privileges," especially considering what Florida got from the bargain.

 

Do you want me to post 100 examples of male teachers that have sexually abused students to support a law that forbids men from teaching? You have extremes packaged up in nice size pieces of red meat to enrage the base.