Walt Disney Company last week sued Ron DeSantis and the State of Florida for violating its First Amendment rights because Florida retaliated against Disney for speaking out against Florida’s new “don’t say gay” law. While there’s been a lot of press on this fight, attention is just being given to the strength of Disney’s First Amendment claims in the lawsuit. The reality is states can’t discriminate, as Florida is doing here, against companies that take political positions they don’t like. The US Supreme Court in the famous Citizens United case said corporations have the same free speech rights as individuals.
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