Florida Enacts Law Criminalizing Religious and Ethnic Harassment, Carrying Up to Five Years in Prison

Florida Governor Ron DeSantis signed House Bill 269 (HB 269) into law in May 2023, establishing new criminal penalties for actions deemed to harass individuals based on their religious or ethnic heritage. The legislation, aimed at combating a rise in antisemitism, includes provisions for both misdemeanor and felony charges, with potential imprisonment up to five years. The move has drawn strong reactions, including one social media user who described it as "England Style go to prison 'hate speech' laws."

HB 269 specifically prohibits distributing materials onto private property with the intent to intimidate or harass based on religious indicia or ethnic heritage. It also criminalizes knowingly displaying threatening images on buildings without consent. Violations can lead to a first-degree misdemeanor, punishable by up to one year in jail, or a third-degree felony if a credible threat is involved, carrying up to five years in prison. This legislation emerged amidst a significant increase in reported antisemitic incidents in Florida, which saw a 42% rise in 2022 compared to the previous year.

While the bill passed unanimously through the Florida Legislature, it has faced criticism from opponents who argue it infringes upon First Amendment rights. Critics contend that such laws could set a precedent against free speech by regulating "hate speech," a concept that is broadly protected under the U.S. Constitution's First Amendment.

The comparison to "England Style" laws highlights a key difference in legal approaches to free speech. The United Kingdom has statutes, such as the Public Order Act 1986, that prohibit expressions of hatred based on various protected characteristics, including religion and ethnicity, with penalties including fines and imprisonment. Unlike the U.S., which prioritizes broad free speech protections, many other countries, including the UK, adopt a more restrictive stance on speech deemed to incite hatred or discrimination. The tweet from DAKKADAKKA stated, "It’s really nasty that Florida of all places has enacted literally England Style go to prison 'hate speech' laws. Their politicians are fucking traitors," reflecting a strong sentiment against the new law's perceived impact on free expression.