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Nicolas Medina

Abstract

The Disney v. DeSantis lawsuit is a product of the current times. Political tensions and animosity between Americans have reached an all-time high. Moreover, it is from these tumultuous times that massive changes can arise. The Disney v. DeSantis lawsuit has highlighted some of the difficulties and challenges modern-day courts face when resolving First Amendment issues in our current political climate. This Article attempts to provide an in-depth understanding of how this lawsuit began, what it is about, how it implicates core American values and ideals, and what new challenges courts might face in future First Amendment litigation.

Part I of this Article will cover the background knowledge needed to understand this case, including how The Walt Disney Company (Disney) ended with such a unique special district; what special districts are and why they are helpful; what comments Disney made; how the Florida Governor acted against Disney; the dissolution of the Reedy Creek Improvement District (RCID); the filing of the lawsuit against the Governor; and finally the Complaint itself. Part II will focus on the legal basis for Disney’s Complaint, analyzing and explaining the different elements that entail a First Amendment retaliation claim and the difficulties Disney faces in order to bring a successful First Amendment retaliation claim. Part III will focus on the Defendant’s Motion to Dismiss and its legal basis, including the cases that complicate Disney’s case and how they might preclude Disney from bringing this claim. Part IV will focus on the District Court's Opinion and why it ruled in favor of the Defendants. Part V will discuss whether the Court was correct in dismissing Disney’s Complaint and how it might have gotten it wrong. Finally, Part VI concludes the Article and explains why this case is essential and why it might be worthwhile for courts to tackle this contentious issue.

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