Disney Powerless to Stop DeSantis from Carelessly Smearing Its Reputation

With the Supreme Court’s recent ruling favoring free speech over gay rights, the topic fueling a war in Florida is still extremely polarized. The Walt Disney Company has told many stories about overcoming the odds, but its reality has been slightly different lately. Florida Governor Ron DeSantis has been completely tarnishing the company’s reputation at every chance, telling supporters that it is “sexualizing children.” The controversial governor has been pushing toward becoming the Republican nominee for president in 2024, and he has largely used his war with the entertainment giant as a major talking point. As Governor DeSantis criticizes Disney along his campaign trail, the company is essentially powerless to stop him from smearing its good name.

DeSantis Changes the Narrative

Ron DeSantis escalated his battle with Disney when he announced his presidential bid. In one of his first appearances on Fox News after announcing, he referred to Disney as a “multibillion-dollar company that sexualizes children.” Since then, the governor has beefed up his slanderous rhetoric at rallies and town halls. What started as just a “woke” social agenda has quickly devolved into brutal accusations of child grooming and objectification. Disney hasn’t exactly been pushing to defend itself over these comments. One would think that the Walt Disney Company would end this via a defamation lawsuit, but the reality is that they would have a hard time winning on the merits.

According to Business Insider, experts in free speech laws believe the options available to Disney in this situation are rather limited. The likelihood of Disney pursuing a defamation lawsuit appears low, as winning such cases can be challenging. These experts emphasize that the Constitution of the United States safeguards individuals’ rights to express their opinions, even if they are untrue or potentially harmful.

To successfully prove defamation, Disney must demonstrate that DeSantis knowingly made false statements with a reckless disregard for the truth. This burden of proof is no easy task, as explained by David Logan, a Roger Williams University School of Law professor specializing in defamation. Disney may be a “whipping boy” without significant legal recourse.

DeSantis Criticizes Disney

Both parties likely have to tread very carefully in this legal matter. While Disney would love this “sexualization” narrative to end, a lawsuit would put it further into public discussion. The company has to choose its battles wisely or risk causing more harm than good. A lawsuit would also cause fans to question Disney’s resolve on the subject, which could give rise to it losing their support.

Keeping silent and letting DeSantis attack Disney could actually benefit the company in the long run, as many polls show Disney’s reputation isn’t floundering as much as the governor’s lately. Disney fans and those who sway more liberal on social matters stress the difference between LGBTQ+ issues and “sexualizing” children, and many find DeSantis recklessly linking the two as appalling. Likewise, DeSantis could lose control of the narrative if he doesn’t handle it with care. Many of his critics believe that representation in media, even children’s media, isn’t inherently sexual. In promoting this talking point, the governor risks overstepping his bounds.

The dispute between DeSantis and the Walt Disney Company began when the entertainment giant reacted to Florida’s “Don’t Say Gay” bill. In response, Governor DeSantis and Florida lawmakers took away Disney World’s special district autonomy, resulting in a complicated legal battle currently unfolding in Federal Court.