Disney v. DeSantis, Trump v. Hawaii, and Citizens United v. FEC
by Michael C. Dorf The lawsuit by Disney against Florida Governor DeSantis makes constitutional claims under the Contracts Clause, the Takings Clause, and the Due Process Clause, as well as two First Amendment claims. In this essay I focus on the fourth cause of action, which strikes me as the central claim and certainly the one that the narrative portion of the complaint most clearly tees up: that the legislation DeSantis promoted and signed to abolish the Reedy Creek Improvement District (RCID) and replace it with an institution beholden to the governor was retaliation for Disney's exercise of its First Amendment right to free speech--in particular, its criticisms of the so-called Don't-Say-Gay law. Disney's factual claims seem unassailable. Its legal position is also strong, but it intersects interestingly with two highly controversial SCOTUS cases. In today's essay, I'll compare and contrast Disney's First Amendment claims with Trump v. Hawaii , which up...