The US Appeals Court for the Eleventh Circuit has ruled that Florida Governor Ron DeSantis infringed upon a local prosecutor’s First Amendment rights, stating that these rights were violated when the prosecutor was suspended for his refusal to enforce state laws concerning access to reproductive health. As a result of the appeal’s court decision, the case will be returned to the trial court for reevaluation.
The case stems from the Governor’s move to suspend Hillsborough County State Attorney Andrew Warren in August 2022. This action followed the US Supreme Court’s decision to overturn the pivotal Roe v. Wade ruling on abortion. Warren had publicly expressed his opposition to enforcing Florida laws regarding access to abortion and transgender healthcare. He solidified his stance by signing a letter with 91 other prosecutors across the nation.
Contesting his suspension on grounds of the First Amendment, Warren filed a lawsuit in a federal district court in Florida under 42 U.S.C. § 1983, claiming that his suspension was a reprisal for his First Amendment activity. Though initially dismissed by the district court, the Eleventh Circuit has overturned this decision.
The Eleventh Circuit, presided over by Circuit Judge Jill Pryor, identified two serious errors in the district court’s decision. The court stated that the district court had erred firstly in concluding that the First Amendment did not protect Warren’s public opposition to prosecuting abortion cases, and secondly in deciding that the First Amendment did not prevent DeSantis’s suspension of Warren, which could result in political advantage by dismissing a reform prosecutor.
The Eleventh Circuit emphasized in their decision that the First Amendment protects Warren’s statements as they relate to issues of national importance rather than specific Florida laws. The court articulated, “The First Amendment prevents DeSantis from singling out a reform prosecutor and then suspending him to gather political gain.”
As the case is returned to the district court, the Eleventh Circuit mentioned that DeSantis must “prove that non-protected activity, such as Warren’s actual performance or his policies, drove him to suspend Warren,” rather than the First Amendment grounds that the court highlighted.