Andrew Warren is suing to get his job back, and he tells The Daily Beast this is more than a fight over his employment; it’s about whether a strongman governor can single-handedly toss a democratically elected local official out of office.
For starters, the Warren case landed before U.S. District Judge Robert L. Hinkle, who already had some experience throwing a damp towel on DeSantis power grabs. In 2021, DeSantis and MAGA Republicans tried to throw Trump and extreme right-wing conservatives a lifeline by passing a law forbidding any social media company from deplatforming a political candidate. Hinkle was the judge who
them, issuing a preliminary injunction that was eventually upheld on appeal and is currently awaiting input from the Supreme Court.the DeSantis administration’s request to dismiss the lawsuit. On Sept. 29, he issued an order saying that Warren can continue claiming his First Amendment rights were violated when he was fired.
And just last week, Hinkle again sided against DeSantis—and hinted at how this case might go. The judge issued anreiterating how wrong the governor’s legal theory is, namely that public employees’ on-the-job statements aren’t protected by the First Amendment and can be subject to discipline by their employer.
The law DeSantis’s lawyers are trying to cite “does not apply to speech of elected officials, who are not subject to employer discipline,” the judge wrote. It shows how the judge is already making a distinction here that Warren was an elected official, not an agency employee the DeSantis administration can target vindictively—as it is accused of doing to
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