After Los Angeles protesters attracted public attention for targeting President Donald Trump’s immigrant crackdown, Florida became the next battlefield between protesters and law enforcement after Trump sent US troops citing cases of violence.
The protest is planned in Florida and took place on Saturday on the same day as Trump’s military parade in Washington as part of the “No Kings” event. In a podcast interview released on June 11, R-Fla Gov. Ron Desantis revealed that he sided with law enforcement over protesters who became violent towards people and property.
DeSantis told podcaster Dave Rubin that Florida has a policy that “If you drive one of those streets and the mob surrounds your car and threatens you, you have the right to flee for your safety. So if you hit any of these people, it’s their fault to crash into you.
Desantis refers to a 2021 law known as HB 1, sometimes referred to as the “anti-riot” law. The law generally strengthens criminal treatment of state protests. It passed after the 2020 protests following the murder of George Floyd, a resident of Black Minneapolis.
“Under Florida law, it is illegal to obstruct the roads and threaten innocent bystanders,” said Sierra Dean, the governor’s assistant reporter. “Florida is a state of law and order and remains. Violence is not tolerated. Residents have the right to protect themselves and their families.”
Brevard County Sheriff Wayne Ivy took the same strict line, saying at a press conference:
Desantis’ comments attracted a huge public attention on social media.
Posted by one X user with 230,000 followers. “Ron Desantis can get away if protesters block your car and surround you.
In a video of Tiktok shared on X, DeSantis said that he “given the Floridian a green light to run through protesters blocking them on the streets.”
A detailed reading of the law shows that the governor has ruled out several important contexts. And social media users have further expanded apparent protections under the law.
Many of the social media posts left the impression that Florida laws provide full protection for drivers who hurt rioters surrounding cars. The 2021 law provides for aggressive legal defense for such drivers who later filed civil suits related to riot-related cases, but the law does not protect them from facing criminal charges.
What do you say about Florida’s 2021 anti-Riott law?
Critics, including civil liberty groups and liberal organizations, oppose the law, claiming that peaceful protesters will be led to be considered rioters, and that they may face severe sentences for what is considered protected speeches. The Florida Supreme Court confirmed the law in 2024.
An important provision of what DeSantis was discussing is that in civil cases such as “personal injuries, unlawful deaths, and damages to property damage,” defendants in the suit can use their participation in “riots” as defined by the 2021 Act as “active defense.” This means that the person being sued can argue in court that it was justified by the riot.
However, there are two important limitations to note:
First, this is a defense that can be used by lawsuit targets in court. It does not prevent the filing of civil lawsuits. So, under the law, drivers could still face lawsuits. The court will determine whether defense is effective.
Second, the law addresses civil lawsuits rather than criminal prosecution.
Legal experts told Politifact that the law would not eliminate drivers who were injured during the crime while insured, to prevent criminal prosecution.
“People who ran through the crowds of peaceful protesters were able to be held accountable very well,” said Caroline Wright, a Harvard lecturer and book author.
Former Democrat Sen. Dave Alonberg, a former Democratic Sen. who served as state attorney for Palm Beach County, Florida from 2013 to January 2025, agreed. “A driver who injured or killed a person blocking the street could still be arrested and charged for worsening battery, manslaughter and murder,” Alonberg said.
There is a recent Florida precedent.
In March, Palm Beach County authorities arrested Andrew Deutil and charged him with assault aggravated with deadly weapons without killing, after deputies said they drove the car towards the crowd near a Florida Tesla dealer. The sheriff’s office said Deutil ran to the curb and ran slowly towards the protesters.
Court records show that the prosecutor dropped the case. This could indicate a high stick for prosecuting drivers for action against protesters.
Wright said Florida’s 2005 “Stay on Your Ground” Act allows them to use people with deadly forces without trying to reasonably retreat as they are in imminent danger — that can help defendants defeat the charges at trial, or file a lawsuit before going to trial, or boost defense at trial’s prospects.
Wright said DeSantis is “relying” to not pursue the case “if the driver claims he is afraid when he runs through the protesters.”
Aronberg warned that the nature of a hit person, whether they are threatening, for example, or standing on a mere sign, could make a big difference in whether the case is being charged, and if it is pursued, how it is determined.
“If a driver hits a non-violent protester who is only standing and holding signs, the driver could be charged with a crime,” he said.
Politifact researcher Caryn Baird contributed to this report.
