“Strongest Antisemitism Bill in the U.S.” Could Land You In a Florida Prison for Five Years
ORLANDO, FLORIDA — The state of Florida has begun enforcing a new law aimed at curbing expressions of antisemitism.
On Wednesday, the Florida Department of Law Enforcement (FDLE) announced that police had arrested four people allegedly involved in “hanging antisemitic hate banners” on an overpass above the I-4 freeway near Orlando on June 10.
Three men and one woman were charged with criminal mischief for hoisting a banner on the Daryl Carter Parkway bridge that said “Vax the Jews,” alongside two other banners displaying swastikas.
“This activity will not be tolerated in the greatest state in the country, Florida,” FDLE commissioner Mark Glass said in a press release announcing the first arrest.
“We want to thank Governor DeSantis for his support of law enforcement and for the signing of HB 269, giving us the tools to arrest this hate-filled radical.”
The bill Glass referenced – entitled “Public Nuisances” – passed the Florida Legislature with unanimous approval and was signed by Governor Ron DeSantis in Israel on April 27.
Made a secret trip to JERUSALEM (!!!) with @RepMikeCaruso to deliver @GovRonDeSantis HB 269, the strongest antisemitism bill in the United States. To Florida’s Nazi thugs, I have news: attack Jews on their property and you’re going to prison. Never again means never again. pic.twitter.com/FYXNE5c5RU
— Rep. Randy Fine (@VoteRandyFine) April 27, 2023
HB 269: “PUBLIC NUISANCES”
The new law does not specifically address issues related to free speech, but increases the penalty of existing crimes depending on certain viewpoints or displays involved during such infractions, if these are deemed a “credible threat” by another individual.
For example, according to Florida Statute 806, “A person may not knowingly and intentionally display or project, using any medium, an image onto a building, structure, or other property without the written consent of the owner of the building, structure, or property. For purposes of this subsection, the term ‘image’ means a visual representation or likeness of a person or object, including text, graphics, logos, other artwork, or any combination thereof.”
If this action contains a “credible threat,” the person who committed the act can be charged with a third-degree felony. However, the definition of what constitutes a “credible threat” is vague:
“‘Credible threat’ means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat,” Florida Statute 784 stipulates.
The bill also outlawed “willfully and maliciously harass or intimidate another person based on the person's wearing or displaying of any indicia relating to any religious or ethnic heritage.”
HB 269 AND THE FIRST AMENDMENT
Critics of the bill have argued that it violates the First Amendment of the U.S. Constitution – while supporters argue that it has nothing to do with speech.
“People seem to have no idea what the First Amendment means,” Barak Lurie, an attorney specializing in constitutional law told The Florida Standard in April.
“They think it includes a right not to be offended,” he said. “You can’t specifically single out certain groups, religious or not, based on symbols and clothing and say they have a right not to be offended,” Lurie elaborated.
“The exception is ‘fighting words’ – that is, if someone is directly inciting violent acts against another person.”
READ MORE: Hate Crime or Free Speech? New Law Pushes Its Way through the Florida Legislature
The bill’s most vocal sponsor, Florida Rep. Randy Fine (R-Brevard), has repeatedly insisted the legislation in no way infringes upon citizens’ First Amendment rights.
“Don’t break the law and you can say anything you want,” Fine tells The Florida Standard. “The same flier that would get you arrested if you litter it on someone’s yard you can hand out on a street corner without any consequence.
“Motive matters in crime. But your speech, in and of itself, is not a crime. It’s your motive for committing a crime,” he continues. “Putting a flier in a bag and throwing it in someone’s yard – the content matters.”
FDLE and FHP arrested a neo-Nazi demonstrator for hanging hate-filled messages along I-4 in Orlando. #YourFDLE #fdleteam #keepingfloridasafehttps://t.co/N7AtNy5qZj pic.twitter.com/4fUOuivvQf
— FDLE (@fdlepio) September 13, 2023
“MORE TOOLS TO FIGHT ANTISEMITISM”
The term “antisemitism” is not used in the text of HB 269, but comments by those championing the bill suggest that it was drafted and is now implemented for the purpose of deterring people from “spreading hate.”
“This [bill] is going to provide more tools to combat antisemitic activity,” Governor DeSantis said after signing the legislation.
Rep. Fine has publicly called HB 269 “the strongest antisemitism bill in the United States.”
But when asked by The Florida Standard whether or not the legislation was designed to target specific viewpoints or protect a specific ethnic or religious group from verbal attacks or criticism, he backtracks from that characterization.
“No, it’s not,” Fine says. “I mean… it was inspired by antisemitism and I’m not going to apologize for trying to keep Jews in this state safe. But the bill does not just affect Jews.”
However, Florida’s public officials – from local sheriffs to the governor – are not decrying generic “litterers” or “property criminals.” Instead, they’re promising that “antisemitism” will not be tolerated and point to the bill as supporting this endeavor.
The governor’s office issued a bill summary calling it “legislation to fight antisemitism and support Israel.” The one-page flier juxtaposed outlines of the state of Florida and the state of Israel, noting that the bill will “create recourses for law enforcement to fight antisemistim and demonstrate Florida’s commitment to doing business with Israel.”
HOW DOES THE STATE DEFINE ANTISEMITISM?
In 2019, DeSantis signed HB 741 – also while visiting Israel. It’s a law prohibiting antisemitism in public K-12 schools, colleges and universities. That bill provides the following examples in its definition of antisemitism:
1. Calling for, aiding, or justifying the killing or harming of Jews, often in the name of a radical ideology or an extremist view of religion.
2. Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as a collective, especially, but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions.
3. Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, the State of Israel, or even for acts committed by non-Jews.
4. Accusing Jews as a people or the State of Israel of inventing or exaggerating the Holocaust.
THE MINADEO PHENOMENON
Speaking at a press conference alongside Fine in February, Volusia County Sheriff Mike Chitwood pledged to “crush a cowardly group of radical scumbags.”
At the press conference, Chitwood played multiple video clips of recent activity from alleged neo-Nazi groups. Those clips can be watched here.
One of the videos shows Jon Minadeo II, leader of the neo-Nazi Goyim Defense League (GDL), standing on a sidewalk outside of an Orlando synagogue hurling insults at Jewish people as they drive out of the parking lot.
Minadeo’s rhetoric falls within what most Americans would consider despicable – saying, for example, “Look at the horse face on this Jew” and “Leave our country, go back to Israel … where you bomb Palestinian kids.” But do his comments rise to the level of “harassment” or “threats,” or are his words protected under the First Amendment?
When asked about that incident, Fine pointed out that it occurred prior to the passage of HB 269 and said he hasn’t watched it since the press conference seven months ago.
“When they crowded around the guy's car and started screaming at him, I believe that was illegal,” Fine said. “You’re not allowed to threaten or intimidate people.”
Minadeo’s use of a megaphone likely violated a city ordinance concerning noise amplification. He and other GDL members got very close to the vehicles, but did not block them from pulling out of the parking lot. Minadeo barked at one of his comrades: “Back up! Don’t touch his car!”
FROM RAPPER TO NEO-NAZI LEADER
Minadeo, who is reportedly from California and goes by the moniker “Handsome Truth,” showed up in Florida in December 2022 as the leader of Goyim Defense League. His outlandish and flamboyant antics – often wearing make-up – give the impression of a professional provocateur.
Internet sleuths, including conservative influencer Laura Loomer, have dug into Minadeo’s background, which is curious – to say the least. He has apparently dabbled in acting and as a musical artist, releasing rap songs with explicit lyrics before he took on the role of Florida’s most prolific neo-Nazi.
The main guy, Jon Minadeo is a failed rapper and actor, who used to go by the rap name of Shoobie Da Wop.
— Lucky (@TheMagaHulk) September 3, 2023
It’s all so fake. pic.twitter.com/HCxOfaCxmU
“He may think he’s educating people, but it doesn’t matter,” Fine says about Minadeo’s comments. “People don’t get to make up the truth. It either is education or it’s not. People don’t get to decide what’s educational.”
READ MORE: Neo-Nazis in Theatrical Protest on Florida Overpass Cause Speculations of Staged Event
U-HAULS, GO-PROS AND OBSCENITIES
Back to Sheriff Chitwood’s press conference. Once all the video clips had finished playing, Chitwood said: “To be clear, this is a neo-Nazi ideology on display. They wear go-pro cameras, they rent U-Haul trucks, they spent the time traveling on the [International Speedway Boulevard] during the [Daytona] 500 yelling obscenities from the back of the truck.”
After reciting the group’s activities, the sheriff declared: “Clearly, I don’t see anything that people can say this is [protected under the] First Amendment. This is nothing but pure, pure, pure evil.”
“Henry Ford was right about the Jews”
— Aviva Klompas (@AvivaKlompas) February 20, 2023
A white supremacist group raised this disgusting banner during Daytona 500 weekend in Florida pic.twitter.com/Pu1YTeoZQV
In response to his remarks, Minadeo and his allies issued public notices challenging Chitwood to an online debate and demanding he apologize and pay them $100,000. The group claimed they “no longer feel safe to perform First Amendment activities in Volusia County.” Chitwood responded by mocking their complaints and calling them “pieces of (expletive).”
During the press conference, a visibly furious Chitwood stunned attendees when he dramatically alleged that the neo-Nazis had threatened to “put a bullet” in the back of his head and plant child pornography on his computer.
Why nobody was arrested or investigated – as far as we know – for such serious conspiracies and threats directed at an officer of the law has never been explained.
“This clown group want to shut my big mouth and put a bullet in the back of my head. Go for it! That’s my message to you. Go for it!”
— Chris Nelson 🇺🇸 🏝 (@ReOpenChris) March 3, 2023
“You want to try to get into my computer and plant child porn in there? Go for it!”@VolusiaSheriff Mike Chitwood addresses the GDL at a Presser pic.twitter.com/2LpssMD8fr
The Florida Standard asked the Volusia County Sheriff’s Office for clarification on several of Chitwood’s comments, but did not receive a response.
“AN UNCONSTITUTIONAL METHOD OF FIGHTING HATE”
This summer, Jacksonville Sheriff T.K. Waters traveled to Israel, where he “learned how law enforcement in the Jewish State combats antisemitic hate crimes,” according to Action New Jax.
Waters praised the foreign government’s approach, saying: “They have the liberty to do different things in Israel that we don’t have.”
On Sunday, the Jacksonville Sheriff’s Office (JSO) posted a message on Instagram in all caps: “IMPORTANT INFORMATION – Hate Displays in Public.”
“As a reminder, Sheriff Waters has reiterated recently that #JSO will not tolerate individuals spreading hate in our community,” the caption read.
“JSO is ready to enforce recently passed legislation, both local and state, that target those individuals using specific signage and electronic devices to cast visible displays onto public and private property without permission with enhanced penalties when the display may be hateful towards groups of citizens.”
The most-liked comment on the post reads: “Unfortunately this sounds like an unconstitutional method of fighting hate.”