“In the popular television series Stranger Things, the “upside down” describes a parallel dimension containing a distorted version of our world. (See Stranger Things, Netflix 2022). Recently, Florida has seemed like a First Amendment upside down. Normally, the First Amendment bars the state from burdening speech, while private actors may burden speech freely. But in Florida, the First Amendment apparently bars private actors from burdening speech, while the state may burden speech freely.”
–U.S. District Judge Mark Walker
So goes the opening paragraph of the ruling by the referenced judge enjoining the enforcement of a law recently passed by Florida’s elected representatives prohibiting employers from imposing political indoctrination on their employees.
I practiced before federal court judges including the Supreme Court Justices and respect almost all of them, including Democrat appointees. When I saw a news account quoting this language, I assumed it must be from a state court judge, not a federal court judge.