TALLAHASSEE—A hotly contested Florida bill banning Pride, Black Lives Matter, and Trump flags in schools and atop government buildings passed its second Senate hearing on Tuesday.
Filed by Republican Sen. Randy Fine, expected to head to Congress in April, SB 100 would outlaw all “politically partisan” flags, which he says include flags denoting race or sexuality, on government buildings, universities, or public schools. This is the third time the measure has been introduced, though Senators raised doubts about its ability to become law.
But Fine remained undeterred, insisting that “politics is for the politicians,” not for the government.
“If somebody wants to walk in here draped in a flag of any political group, so be it: it’s their First Amendment right,” Fine said in the Senate Committee on Community Affairs. “But a teacher should not be hanging a political flag in their classroom, having the government take a position on political views.”
Fine, the sole Jewish Republican in the state Senate, filed the bill in the wake of the cultural divide caused by the Israel-Hamas war, which kicked off a slew of nationwide protests across college campuses against Israel. Fine said that this year, while his bill was also filed to keep the Black Lives Matter and Pride flags out of the classroom, it was also done so to strike the “fictional” Palestinian flag.
What Does the Bill Do?
The measure prohibits flags representing a “political viewpoint” in these government buildings, which Fine argues includes flags symbolizing political or “divisive” groups. He pointed out that this would also apply to Make America Great Again flags heralding President Donald Trump, who has endorsed Fine for Congressional District 6, because that would fall under “political viewpoint.”
Of note, public school teachers have not had the right to advocate for or against a political candidate since at least 2006, when the U.S. Supreme Court ruled that speech expressed at work is not protected by the First Amendment.
The measure would also allow active or retired National Guard or Armed Forces members to use “reasonable force” to prevent the desecration of the American flag—a provision that Republican Sen. Kathleen Passidomo took issue with.
“I don’t want a retired military person to feel that they need to enforce this bill,” said Passidomo, who as Rules Chair, decides which bills should be considered. “I do not want to see a 90-year-old veteran getting into an altercation with someone twice his size.”
She continued, noting that while she’d work with the bill’s future sponsor, Republican Sen. Jonathan Martin, once Fine leaves for Congress, if the issues are not addressed, “I don’t see it moving forward.”
Elected to the state Senate on Nov. 5, Fine will resign on Mar. 31 to pursue the newly vacant seat in Congressional District 6. He will face Democrat Josh Weil for the seat on Apr. 1 during the special general election.
The bill passed the committee hearing down party lines and will next head to the Rules Committee.
