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Disney Sues Desantis

Discussion in 'Too Hot for Swamp Gas' started by slayerxing, Apr 26, 2023.

  1. slayerxing

    slayerxing GC Hall of Fame

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    Plenty of links out there - and I only have this through paid access so can't share a link, but from the complaint, and it really hits home...

    16.Disney takes seriously its responsibility to shareholders, employees, and the many residents and local businesses in Central Florida whose livelihoods depend on Walt Disney World. And Disney now is forced to defend itself against a State weaponizing its power to inflict political punishment.

    17.It is a clear violation of Disney’s federal constitutional rights—under the Contracts Clause, the Takings Clause, the Due Process Clause, and the First Amendment—for the State to inflict a concerted campaign of retaliation because the Company expressed an opinion with which the government disagreed. And it is a clear violation of these rights for the CFTOD board to declare its own legally binding contracts void and unenforceable. Disney thus seeks relief from this Court in order to carry out its long-held business plans.

    18.Disney finds itself in this regrettable position because it expressed a viewpoint the Governor and his allies did not like. Disney wishes that things could have been resolved a different way. But Disney also knows that it is fortunate to have the resources to take a stand against the State’s retaliation—a stand smaller businesses and individuals might not be able to take when the State comes after them for expressing their own views. In America, the government cannot punish you for speaking your mind.

    Honestly, borrowing a phrase from of our Ukrainian friends... "Ron? Go Eff yourself."
     
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  2. shaun10

    shaun10 Senior

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    Think of all the time and money that will not be spent on a case that never needed to happen. What a waste.
     
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  3. l_boy

    l_boy 5500

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    This may or may not be good for MBR and rallying the MAGA base. But it seems like it is disastrous among the general electorate, independents and suburban women, as well as much of the Republican donor class. Even Trump knows it and has been rubbing it in MBR’s face.
     
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  4. duggers_dad

    duggers_dad GC Hall of Fame

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    Four DeSantis threads on the same page, one of them chronicling the good he’s doing for Florida Panthers.
     
  5. G8tas

    G8tas GC Hall of Fame

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    Thanks for keeping count
     
  6. G8tas

    G8tas GC Hall of Fame

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    It's not just an attack on Disney, but an attack on other businesses that work with Disney and their employees
     
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  7. channingcrowderhungry

    channingcrowderhungry Premium Member

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    Iger's comments. Freaking nailed it

     
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  8. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    I agree with Disney. DeSantis overstepped.

    I agree with the baker in Colorado. Colorado overstepped

    To me this is both or neither, but you cant only support one.

    And before you claim I am off topic, that depends. The topic is government trying to control speech of a private entity. I am commenting directly to the topic.
     
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  9. duchen

    duchen VIP Member

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    The Panthers are about to be eliminated in the first round again. Some help!
     
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  10. tampajack1

    tampajack1 Premium Member

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    What’s MBR?
     
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  11. tampajack1

    tampajack1 Premium Member

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    Dear Mr. Moderate:

    Enacting a law that makes it illegal to refuse to bake a cake for a gay man is completely different than the State of Florida retaliating against Disney for opposing a bill that has been introduced in the Legislature.
     
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  12. mrhansduck

    mrhansduck GC Hall of Fame

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    Putting aside the very narrow factual basis for that 7-2 Opinion, I think there's at least one distinction that jumps out as important.

    That case wasn't about a business being punished for merely expressing a political opinion about a law or a proposed law. It was about the actual and admitted business practice of the company, and its first amendment arguments regarding why it shouldn't have to comply with the law. In contrast, I'm not aware of any allegation that Disney violated any Florida statute, and the education bill was entirely unrelated to Disney's business operations.
     
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  13. VAg8r1

    VAg8r1 GC Hall of Fame

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    I think it's Meat Ball Ron.
     
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  14. GatorRade

    GatorRade Rad Scientist

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    I think there are definite similarities here, Tilly, but I also take @mrhansduck’s point that the baker case includes competing individual freedoms, whereas in the Disney case, I don’t see how there is any argument for the State’s case.

    I think I’m probably ultimately on your side with the baker case, but I’m open to opposing arguments and would be really interested to see a similar case properly decided by the Supreme Court. IMO, this Disney situation doesn’t deserve to get anywhere near the Supreme Court.
     
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  15. gator_lawyer

    gator_lawyer VIP Member

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    The problem is the limiting principle, since you're giving people an opt out to civil rights laws (an opt out that doesn't stop at civil rights laws protecting LGBTQ people).
     
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  16. GatorRade

    GatorRade Rad Scientist

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    This is a tough one because there’s a real chance that the civil rights laws clash with the first amendment here, so either way we’d have a problem. If this is so, I side, lightly, with the baker here because the LGBTQ consumers have other options to obtain the cake. At least this side has a private solution, but again, I don’t feel overly ardent about this.
     
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  17. gator_lawyer

    gator_lawyer VIP Member

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    Segregationists could have made the same argument in 1964/65 against the Civil Rights Act. As I said, without a limiting principle, you're gutting civil rights protections.
     
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  18. channingcrowderhungry

    channingcrowderhungry Premium Member

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    I'm with you but ultimately fell on the side of the consumer. But it's certainly a clashing of rights.
     
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  19. tampajack1

    tampajack1 Premium Member

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    That sounds right. Thanks.
     
  20. mrhansduck

    mrhansduck GC Hall of Fame

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    I haven’t even read the complaint yet and don’t know the relevant law. But I’m assuming the state can’t admit it was all over the education bill, right? Don’t they need a better answer, whether true or not?
     
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