Conservatives fighting over Florida action against Disney is OK

Former Trump lawyer Jenna Ellis — who is used to taking abuse from the left — is now taking flak from the right over criticizing Florida's legislative actions to strip Disney of its special tax status and its "special legal setup that allows [it] to operate as an independent government." 

Disney crossed millions of Floridians and non-Floridians with its opposition to Florida's Parental Rights in Education bill, falsely labeled by many on the left as the "Don't Say Gay" bill.  Disney spewed the same misinformation, so the Florida Legislature stripped Disney of some previously granted government privileges.  Hi ho, hi ho, it's off to woke they go.

Ellis has taken the traditional "liberal" approach that we may not agree with what others say, but we'll defend their right to say it.  With some worthy examples to the contrary (Glenn Greenwald and a few others), today's progressive left is mostly no longer traditionally liberal about free speech.  Indeed, it seems that their desire and opportunity to censor opposing views has never been more apparent in modern-day America.

Ellis is correct as a matter of constitutional law.  On Twitter, she even offered to represent Disney.  She'd probably rely on the principles from cases such as Burwell v. Hobby Lobby Stores and Citizens United that protect the First Amendment rights of businesses and corporations.

Conservative free speech advocates are certainly anxious to see how the left defends Disney when leftists have adamantly denied for years that corporations have First Amendment rights.

Officious government action in retaliation against the exercise of First Amendment rights is constitutionally wrong and is often masked more than Florida's revocation of Disney's state-granted privileges.  Ironically, I write this on the day the U.S. Supreme Court takes up oral argument in the case of Joseph Kennedy, a former high school football coach who was fired for praying mid-field with players after the games.

Ellis is a rarity among lawyers on the right because she's what I call a warrior lawyer.  She vocally defended Donald Trump and the rule of law, even as to the right to lawfully challenge the ballot fraud and other irregularities of the 2020 election.

The rule of law Ellis invokes did not stop the left from trying to destroy not only Trump, but many of the outstanding lawyers who represented him, such as America's mayor, Rudy Giuliani; constitutional scholar, John Eastman; and another warrior lawyer, Cleta Mitchell.

Now though, Ellis is getting bombarded from the right for a number of reasons.  Some of the attacks on Ellis have been nasty.  Others such as @KurtSchlichter tweeted more reasonably why they disagree with Ellis:

You seem to think that there are certain kind of powers you can use and certain kinds you can't. But when my enemy is using his power against me I'm going to use my powers back. If you wanna launch a cultural war on me, you'll get a war.

America is indeed in a cultural and spiritual cold civil war, and the left has not merely abandoned the Constitution; it has burned it.  Leftists don't want our Constitution.  Constitutional conservatives want to follow the Constitution and still cheer on Florida.  The feeling is, let's give the left a taste of not having the Constitution and the impartial rule of law over government it so despises.

I suspect that courts will declare Florida's action against Disney unconstitutional.  If so, perhaps conservatives will have more precedent on which to rely when government retaliates against us when we exercise our First Amendment rights.

‪Meanwhile, @CarmineSabia tweets:

I disagree with my friend @JennaEllisEsq Re: Disney. But what I disagree with more is the attacks on Jenna for having an opinion. We are not a party that walks in lockstep behind one idea. That is the Democrats. We can, and do, have varying opinions.

We can disagree about the degree to which the Constitution is paramount law that governs government, but I share Sabine's sentiment about warrior lawyer Jenna Ellis.  Nevertheless, this argument spurred by Florida's action against Disney is healthy.

Image: Tyrell perera.

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