Summary of the Florida Supreme Court’s decision in DeSantis v. Dream Defenders:
The Florida Supreme Court, in an opinion by Justice John Couriel, ruled that Florida’s law prohibiting riot does not apply to individuals who are present at a violent protest but do not engage in, or intend to assist others in engaging in, violent and disorderly conduct. The Court considered the definition of “riot” under the amended statute and concluded that to be guilty of the crime, one must actively participate in violent actions.
The case involved a challenge to the statute by various plaintiffs, including Dream Defenders and other organizations, who argued that the law could criminalize peaceful protesting. The Eleventh Circuit Court of Appeals sought clarification from the Florida Supreme Court on the interpretation of the statute.
The majority of the Florida Supreme Court determined that the statute’s language required proof of intent to engage in violent and disorderly conduct in order to be convicted of riot. Justice Labarga, concurring in the decision, emphasized the importance of narrowly interpreting the term “violent public disturbance” to protect First Amendment rights and prevent unwarranted arrests of peaceful protestors.
The case has been remanded to the Eleventh Circuit for further proceedings based on the Florida Supreme Court’s interpretation of the law.
In a constantly changing situation, it is possible for innocent people to be arrested and held in custody until their case is resolved. This can have serious consequences, impacting their work or education. As a result, individuals may be hesitant to participate in peaceful protests to exercise their constitutional rights to free speech and assembly.
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