[Law professors express concerns over Florida anti-riot bill]

Last Call, Florida Politics, 2/10/2021


A coalition of law professors sent a letter to Senate President Wilton Simpson and House Speaker Chris Sprowls to express their "grave concerns" on the anti-protest bill being fast-tracked through the Legislature.

The letter, penned by Loyola University law professor William P. Quigley and signed by dozens more, says the "proposed legislation interferes directly with the constitutional rights of Floridians and is drawn too broadly to survive judicial scrutiny if challenged in court."

The bills, HB 1 and SB 484, are a priority of Gov. Ron DeSantis. They would enhance legal penalties against rioters, vandals and looters. It would also require a person arrested for unlawful assembly to remain in custody until their first appearance.

The letter says the bill language for "committing a riot" and "aggravated rioting" is too broad and would "sweep in persons merely present at protests who do not themselves engage in violent conduct."

Additionally, the legislation would create a new "mob intimidation" offense, the definition of which Quigley writes "is so capacious that any number of commonplace activities fall under it."

The letter concludes, "Law enforcement officials have more than enough existing laws at their disposal to prosecute individuals who engage in violent behavior. The only solution to political unrest, in the long run, will be those which reckon with the stranglehold of wealthy interests on government, racial injustice, the decline of civic and community life, and the other serious structural problems preventing Floridians from enjoying full equality and dignity."