Akin Secures Landmark Ruling Clarifying Florida’s Controversial Anti-Protest Legislation

(Washington, D.C.) – Today, Akin, as co-counsel, achieved a precedent-setting victory at the Florida Supreme Court, which provided clarity on the application of Florida’s controversial anti-protest law, H.B. 1. This law, enacted in response to nationwide protests in the aftermath of the murder of George Floyd, faced criticism for its broad definition of “rioting,” which could potentially criminalize protected protest activities.

Akin worked with the NAACP Legal Defense and Educational Fund (LDF), the American Civil Liberties Union (ACLU) of Florida and the Community Justice Project, offering pro bono legal services to The Dream Defenders, The Black Collective, Chainless Change, Black Lives Matter Alliance of Broward, the Florida State Conference of the NAACP and the Northside Coalition of Jacksonville, the plaintiffs in this case. The lawsuit challenged the constitutionality of H.B. 1, arguing it infringed on First and Fourteenth Amendment rights.

After the team secured a preliminary injunction at the U.S. District Court for the Northern District of Florida—which agreed with the team’s argument that the broad definition of “rioting” could potentially criminalize protected forms of expression— the Eleventh Circuit certified the state-law interpretive question to the Florida Supreme Court. There, the team offered a narrowing construction to the Florida Supreme Court, seeking a statewide, binding ruling that would ensure that the law does not apply to individuals who are present at a protest that turns violent, but who themselves have not engaged in violence or assisted others in violent acts.

The Court, agreeing with the team’s argument, ruled that mere presence at such events does not constitute participation in a riot, clarified its definition of a “violent public disturbance,” and required the state to prove either violent acts or willful intent to assist others in engaging in violence. This clarification ensures that the law targets only those actively involved in violence, protecting peaceful protesters from unwarranted legal consequences.

Commenting on the Court’s decision, Supreme Court & appellate partner James Tysse said, “We are gratified to see that the Florida Supreme Court adopted the construction we proposed, which limits the statute’s facially expansive reach by ensuring that only those engaging in violent conduct (or willfully intending to assist others in doing so) can be prosecuted for riot. This decision will protect not only our clients’ First Amendment rights, but the First Amendment rights of all Floridians.”

James led the Akin team on appeal, while litigation practice head Joseph Sorkin led the trial effort. They were joined by pro bono partner Steven Schulman; litigation partner Annie Evans; senior counsel Christine Doniak, Chris Gessner and Caroline Wolverton; counsel Miranda Dore, Erica Holland and Kristen Loveland; associates Evan Frohman, Kyle McGoey, Thomas Napoli and Zach Tan; and practice attorney Melodie Young. The matter was referred to the firm by the Law Firm Antiracism Alliance.

Akin is a leading international law firm with more than 900 lawyers in offices throughout the United States, Europe, Asia and the Middle East.

###