Court of Appeals rules that DeSantis violated plaintiff’s First Amendment rights

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

The ruling by the U.S. Court of Appeals for the 11th Circuit undermined Mr. DeSantis in an episode in which he played a major role in his presidential campaign. Mr. DeSantis forced Andrew Warren, a Democratic state attorney representing the Tampa region, from office in August 2022 after speaking out against Republican policies on abortion and transgender rights.

During his campaign, Mr. DeSantis has used the suspension of Mr. Warren, who was twice elected to his post, to illustrate his strong approach to progressive administration officials pursuing what he calls a “woke” agenda.

The court on Wednesday overturned a January 2023 decision by a federal judge in Tallahassee not to reinstate Mr. Warren, who challenged the suspension in court, arguing it violated his right to freedom of expression in the First Amendment. Now the judge must reconsider his ruling.

Testimony and documents released as part of a late 2022 trial in the case revealed the extent to which Mr. Warren’s removal was motivated by a desire to strengthen Mr. DeSantis’ political position. 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 panel unanimously ruled that Mr. DeSantis had violated Mr. Warren’s First Amendment rights. The panel said Mr. DeSantis had to prove that Mr. Warren’s performance and policies were the reason he was suspended, not his personal views on issues like abortion.

In a statement calling the decision “a blatant infringement on state sovereignty,” Jeremy Redfern, a spokesman for Mr. DeSantis, said the governor’s office is reviewing the decision to determine next steps, including an appeal to the larger court of the 11th Circuit or the United States Supreme Court.

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

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

Nicholas Nehamas reporting contributed.