As I suggested Friday and yesterday, Supreme Court precedent is unclear on whether Florida's dissolving the special government district that Florida had created for Disney in the 1960s violates the First Amendment. On one hand, the dissolution appears to be retaliation for Disney's prominent opposition to the Florida law that restricts "classroom instruction by school personnel or third parties on sexual orientation or gender identity … in kindergarten through grade 3 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards"; government retaliation for a person's or corporation's speech is often unconstitutional. On the other hand, the dissolution is the withdrawal of specially legislatively granted governmental power, not a generally available benefit or contracting opportunity, and that may well be constitutional.
Lawyer Adam Schulman, however, points out that the precedent in the Eleventh Circuit—the federal appellate court in charge of, among other things, Florida cases—is very much against any First Amendment challenge.
In 2011, the Alabama Legislature barred payroll deductions "of any contribution to an organization that uses any portion of those contributions for political activity." A union (the Alabama Education Association) sued, claiming the statute violated the First Amendment "the subjective motivations of the lawmakers in passing the Act were to retaliate against AEA for its political speech on education policy. No, said the court in In re Hubbard (11th Cir. 2015):
