What Do Legal Experts Say About Disney’s Lawsuit?
The other day, I interviewed several lawyers regarding recent events.
Specifically, I asked for their legal opinions regarding The Walt Disney Company’s lawsuit against Florida Governor Ron DeSantis.
Every one of them stated they would rather argue Disney’s side of the case rather than the Florida government’s side.
However, that’s a small sample size of, well, people I know. The legal community as a whole encompasses a substantially wider spectrum.
Over the past few days, many other legal experts have weighed in as well. What do they expect in Disney vs. DeSantis? Let’s examine the arguments.
“Disney has a ‘strong case’ against DeSantis”
This headline comes from CNN, but I shortened it for brevity in the header.
The full headline is: “Disney has a ‘strong case’ against DeSantis over his ‘retaliatory campaign,’ First Amendment experts say.”
This news report begins with the statement, “Disney just cast Ron DeSantis as the villain in a story of good versus evil.”
As such, you may wonder about its fairness. However, the reporter merely used a clever line here before diving into a detailed discussion.
According to the attorneys interviewed in this piece, Disney’s lawsuit should survive Florida’s initial attempt to dismiss.
Floyd Abrams, the attorney who famously defended The New York Times during the Pentagon Papers lawsuit, believes this fact.
Abrams states, “It’s a serious First Amendment case.” Theodore Boutrous of The Federalist Society is a well-known First Amendment expert. He adds:
“DeSantis has admitted — indeed bragged about — retaliating against Disney to punish it for its speech on an issue of public concern and importance…That is a classic First Amendment violation.”
Finally, Rebecca Tushnet, a First Amendment professor at Harvard University, states:
“(Disney) has a strong case, both under the First Amendment and potentially for violation of its property rights that the state is trying to destroy.”
CNN adds some context to this entire discussion, and it’s something essential to acknowledge.
The governor doesn’t really care whether he loses in court. He certainly desires that outcome, but his eyes are locked on a bigger prize: the Presidency.
His goal all along has been to build his national/international profile and thereby win votes from people outside the state of Florida.
In a Presidential election, DeSantis appears likely to win Florida’s electoral votes. He’s angling for more with his Disney feud.
Somehow, Mickey Mouse has become a popular target for right-wing media attacks.
“You Now Have Republicans Almost Universally Criticizing Him”
That quote comes from the most recent episode of Meet the Press.
Host Chuck Todd shows interview clips from people like Speaker of the House Kevin McCarthy. All of them disparage what DeSantis has done.
Another reporter summarizes the feelings of many Disney fans:
“Going to war with Disney, not only does it look petty and looks small, but you’re also going after a huge employer of blue-collar people who are gonna be your base voters.”
Meanwhile, attorney Norm Eisen, the former American Ambassador to the Czech Republic, described Florida’s actions as “un-America.”
Eisen summarizes the matter by saying “Disney seems to have sufficient legal grounds to defeat DeSantis in his latest assault on the Constitution.”
Eisen points out that earlier in 2023, “a federal judge found that DeSantis violated both the federal and state Constitution when he fired a state prosecutor.”
Iger Is a Mammoth and He’s Not Going to Back Down
Still, you may read “CNN” and “NBC News” and think those sources could act unfairly toward DeSantis. So, let’s evaluate some seemingly favorable outlets.
The Wall Street Journal (WSJ), a Rupert Murdoch company, has published two recent articles. One is entitled “The Disney-DeSantis Knife Fight.”
Another headline reads, “DeSantis’s Miscalculation: Disney Is Playing the Long Game.”
The author of Knife Fight notes, “The Governor’s best defense is that the state has a right to rescind special privileges that it once granted to Disney, which is true.”
Conversely, “(the) legal difficulty is that Republicans appear to have targeted Disney and abrogated contracts for political reasons.”
Also, the author notes the real trouble spot for DeSantis. “(He) will get a black eye as he runs for President if Disney prevails in its lawsuit.”
Finally, the takeaway from the other WSJ piece is, “Some Republicans privately said Mr. DeSantis’s approach is increasingly looking like a personal vendetta and heavy-handed government intervention into the affairs of one of the state’s largest employers.”
Perhaps the most valid criticism of the governor is this: “Many Democratic state lawmakers, who believe the governor has overplayed his hand, assail Mr. DeSantis for fixating on the fight with Disney at the expense of other pressing issues.”
The Sunshine State has objectively suffered mightily over the past 12 months.
A public fight with Disney doesn’t seem like the best use of the state governor’s time.
Even worse is this comment from a former Republican lawmaker in Florida.
This is someone who has taught classes on Reedy Creek. He believes “the new board has no legal standing to declare the agreements void and can’t undo the actions of the previous board.”
In short, “I don’t see how Disney loses.”
The Danger of Discovery
In researching this story, I read more than 15 articles, all of which you can find on Google News.
One of them, an LA Times piece, reinforced something one of my sources mentioned about the article.
DeSantis, his staff, and the new board of the Central Florida Tourism Oversight District could face unexpected exposure.
Disney could ask for specific documents in discovery, and who knows what those would reveal?
As a rule, most parties dislike discovery since it opens Pandora’s Box.
A candidate running for President could witness his entire campaign collapse if the wrong revelation occurs.
Disney’s attorneys know this and likely relish the thought…but the concern cuts both ways. As a reminder, Disney happily worked with DeSantis until 2022.
Some executives, particularly former CEO Bob Chapek, could have skeletons in their closets that embarrass the company.
For DeSantis’ part, much of what he has stated is already a matter of public record.
As Tom Hals of Reuters notes, Disney’s lawsuit “is filled with blunt warnings from DeSantis’ memoir, fundraising material, interviews and announcements…”
The company uses the governor’s own words against him. How much is left to discover beyond that?
As a legal expert summarizes, “There’s a very good chance that he’s going to pay for those in a court of law…” Could Discovery hurt him even more?
Perhaps the Tampa Bay Times encapsulates Disney’s core problem here. “Disney has more to lose than Florida has to gain.”
Ron DeSantis May Have ‘Donald Ducked’ It Up
This Benzinga headline was easily my favorite, even though the article itself mostly rehashed others.
Perhaps the most vivid one comes from Slate.
(Warning: this one isn’t very Disney.)
“It’s Like DeSantis Is Holding a Knife to His Own Throat.” So, yeah. DeSantis is losing in the court of public opinion.
Even David French, who previously contributed at the conservative publication, National Review, argued the following:
“Make no mistake, the Florida government’s actions against Disney were directly motivated by the company’s disagreement with a policy pushed by DeSantis.”
French also adds the following: “At the beginning of this piece, I said that DeSantis should lose, not that he will lose. Court outcomes are never completely certain…”
That’s something we should all keep in mind here. To wit, the Miami Heat recently played a game against the Atlanta Hawks.
A playoff spot was on the line for the winning team, while the other must earn their way in by playing against a different opponent.
Literally every ESPN “expert” predicted that the Heat would win. Atlanta won handily and then gleefully trolled ESPN.
What we think we know isn’t always what we actually know. Disney could feasibly lose this case.
Alternatively, the Mouse could mirror the Hawks, who won that game but were eliminated from the playoffs long before the Heat.
If DeSantis wins the Presidency based on an anti-Disney campaign, who knows what would happen next?
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