Mills urges Florida legislative leaders ‘reassess’ defamation bill over free speech concerns

TALLAHASSEE, Fla. (FLV) – Rep. Cory Mills, R-Fla., sent a letter to Florida Republican legislative leadership asking them to “reassess” the defamation bill.

The proposed bill changes who is considered a public figure and creates a presumption that a statement by an anonymous source is false for purposes of a defamation action.

“While I believe the motivations and concerns that have led to the introduction of these bills are genuine and made in good faith, I am gravely concerned that they violate the free speech rights that are enshrined in the First Amendment of the United States Constitution,” Mills said.

Rep. Alex Andrade, R-Pensacola, filed the bill the same month Gov. Ron DeSantis held a roundtable urging private action to fight against media defamation.

The governor recently commented on the defamation bill, saying he does not think it will cause much of a difference in terms of free speech.

“Corporate media outlets have relied on anonymous sources to smear people,” DeSantis said.

However, Mills said the bills would “target speech based on its content” and “tilt the playing field in favor of plaintiffs in certain defamation actions,” and “functionally eliminate” anonymous sources, “even in cases involving corporate and government whistleblowers.”

Bill sponsor Andrade has told Florida’s Voice that media outlets have “played fast and loose with the truth” as expected standards have not been followed.

“It really just protects non-elected individuals from being considered public figures and having to meet some subjectively, higher standard,” Andrade explained.

Andrade said the bill clarifies that “professional journalists” do not have special protections from a defamation claim.

“The law protects journalists from being compelled by a judge to disclose anonymous sources,” Andrade said. “But if they’ve been sued for defamation, and want to avoid liability, this section makes clear that they cannot claim a special privilege to avoid disclosing and also avoid liability.”

Mills said that he agrees that some media companies have “abused their constitutional protections” and allowed journalists to push their political agendas.

“However, these bills do not affect just those outlets,” Mills said. “If passed, they will stifle all media voices – whether liberal, conservative, or neutral- that your constituents have come to trust and rely on, as well as any individual who chooses to exercise their rights to freedom of speech.”

A FOX radio station owner, which features prominent conservative hosts, recently said the proposed Florida defamation bill will lead to the “death of conservative talk” in Florida.

However, the Republican sponsor of the defamation bill, HB 991, said the concerns are “overblown” and said it does not open the floodgates to lawsuits.

Andrade said the bill does not change current provisions in Florida law to protect broadcasters.

“This bill does not open up the floodgates on broadcasters or publications. There’s nothing in this bill that does that,” Andrade said. 

HB 991 has passed one House committee while a similar version of the Senate bill passed one committee.

“While I agree in principle of the intent of this bill, I urge you to reassess the proposed language before it is further considered,” Mills concluded.