Appeals Court Finds DeSantis Violated Prosecutor’s First Amendment Rights

Dealing a blow to Gov. Ron DeSantis of Florida, a federal court of appeals on Wednesday ruled that he had violated First Amendment protections when he suspended a progressive state prosecutor for political gain.

The ruling, by the U.S. Court of Appeals for the 11th Circuit, undercut Mr. DeSantis on an episode he has made a key credential in his presidential campaign. Mr. DeSantis forced Andrew Warren, a Democratic state attorney representing the Tampa area, out of office in August 2022 after he had spoken out against Republican policies on abortion and transgender rights.

On the campaign trail, Mr. DeSantis has used the suspension of Mr. Warren, who had been elected to his post twice, to illustrate his strong-arm approach to progressive public officials who push what he calls a “woke” agenda.

The court on Wednesday vacated a decision from a federal judge in Tallahassee in January 2023 not to reinstate Mr. Warren, who has fought the suspension in court, arguing that it violated his First Amendment right to free speech. Now, that judge must reconsider his ruling.

Testimony and records released as part of a late 2022 trial in the case revealed the extent to which the removal of Mr. Warren was motivated by a desire to bolster Mr. DeSantis’s political standing. The district court judge, Robert L. Hinkle, ruled that Mr. DeSantis did not violate Mr. Warren’s First Amendment rights when he suspended him for his own political benefit.

But in its 59-page decision, a three-judge appeals court panel unanimously ruled that Mr. DeSantis did violate Mr. Warren’s First Amendment rights. The panel said Mr. DeSantis needed to prove that Mr. Warren’s performance and policies were the reason he was suspended, and not his personal views on matters such as abortion.

In a statement calling the decision “an egregious encroachment on state sovereignty,” Jeremy Redfern, a spokesman for Mr. DeSantis, said the governor’s office was looking over the decision to determine next steps, which could include appealing to the larger 11th Circuit court or the U.S. Supreme Court.

Mr. Warren, who has said he will not run for office again this year, said he looked forward to seeking his reinstatement in court.

“This is what we’ve been fighting for from the beginning — the protection of democracy,” he said in a statement.

Nicholas Nehamas contributed reporting.