When Gov. Ron DeSantis and the Florida Republican Party punished Disney for its criticism of the "Don't say gay" bill — in other words, for corporate speech that was clearly political in nature, their retaliation was not just fiscally shortsighted, it was illegal. Any government attempt to restrict a corporation's speech based on the content of that speech must satisfy the strictest scrutiny, meaning the restriction adopted by the government must be narrowly tailored to serve a compelling government interest. Restrictions based on political viewpoint have long been prohibited. Stripping Disney of its special tax status in two Florida counties (which both lean Democratic), while leaving intact more than 1,800 similar tax districts in largely Republican counties, is not narrowly tailored to achieve any clear objective, nor is silencing political critics a compelling or even legitimate government interest in the first instance.
More than 10 years ago, the U.S. Supreme Court vested corporations with the same legal protections as other individuals when speaking on political issues. In the infamous Citizens United decision of 2010, the court elevated the protection due corporate political speech, shielding corporate expenditures for that purpose under the First Amendment. Maligned by the left for largely valid reasons, Citizens United has empowered Big Oil, utility companies and other deep-pocket industries to boost politicians like DeSantis, who symbiotically protect their corporate profits instead of protecting constituents worried about climate, even as Florida's coasts sink visibly around them.
