The National Religious Broadcasters (NRB) urged Florida state lawmakers on Monday to oppose a controversial bill that has a “very real possibility of weaponizing a wave of ‘lawfare’ against Christian broadcasters,” according to the group’s general counsel.
Senate Bill 752, which has been widely criticized by conservatives, would amend Florida’s retraction statute, which limits defamation damages if a retraction or correction is published, to force publishers to also remove online content that contains false information. The bill also notes that a publisher must act if a “reasonable person” would conclude a statement is false.
The NRB, which bills itself as “a nonpartisan, international association of Christian communicators whose member organizations represent millions of listeners, viewers, and readers,” sent a letter to GOP state Senate president Ben Albritton urging lawmakers to oppose it.
“We urge you and your Senate colleagues to oppose SB 752. The legislation is well-intentioned but contains serious flaws which could adversely affect publishers and broadcasters, including religious broadcasters,” NRB general counsel Michael Farris wrote in a letter obtained by Fox News Digital.
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“The most significant problem arises from the changes related to demands for corrections to articles archived on a broadcaster’s website. Plaintiffs can demand changes to old publications on one of two grounds. First, if a statement has been determined to be false in a judicial proceeding. Second, a change can be demanded if the publisher or broadcaster ‘receives notice of facts that would cause a reasonable person to conclude that such statement was false,’” Farris added. “It is the second provision that is the most problematic. The ‘reasonable person’ standard is inherently ambiguous in this context and is often a matter of perspective or opinion.”
The NRB general counsel then explained that “Christian broadcasters often take positions that are at odds with views of certain elites within society” and SB 752 could result in lawfare.
“For example, if a transgendered male presents as a female and competes in girls’ sports, and a Christian broadcaster says that a male has been competing in women’s sports, the broadcaster could be potentially sued under this section for old articles on the subject. Armed with ‘evidence’ from experts who support the affirmation of gender transition, a plaintiff could see relief under this legislation by claiming that his new gender is a fact and to refer to him as a male is both false and defamatory. The claim would be that reasonable people would conclude that transgendered males are in fact females and should be referred in such a manner,” Farris wrote.
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“This possibility opens up a very real possibility of weaponizing a wave of ‘lawfare’ against Christian broadcasters simply for standing up for what they believe to be true,” the letter continued. “First Amendment rights are precious and tampering with the time-honored legal standards is a task that should be undertaken with the greatest care and precision.”
Ferris concluded the letter by urging senators to oppose the bill.
“This legislation should be defeated for now. If there are other problems that this bill seeks to address, I would offer to collaborate with legislators or staff so that legitimate problems could be addressed without risking unanticipated harm to broadcasters and publishers—many of which share your worldview,” Ferris wrote.
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Earlier this month, the Senate Judiciary Committee voted 8-2 in favor of the bill.
Others have taken to social media to condemn the bill:
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