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 Similarly, the FEEA, prior to the IFA’s amendments, generally did not “implicate the spoken or written word” on its face. Wollschlaeger, 848 F.3d at 1317. Instead, it prohibited “[d]iscrimination on the basis of race, color, national origin, sex, disability, religion, or marital status” against students or employees in the public education system, consistent with Title IX’s conduct-based prohibition on sex discrimination in public education. § 1000.05(2)(a), Fla. Stat. (2019).

The statute was amended in 2019 to command public K-20 educational institutions to treat discrimination “motivated by anti-Semitic intent in an identical manner to discrimination motivated by race.” See § 1000.05(7), Fla. Stat. (2019). These amendments include examples of speech-based anti-Semitism. See id. § 1000.05(7)(a)–(b) (“[a]ccusing Jews as a people or the State of Israel of inventing or exaggerating the Holocaust … [a]ccusing Jewish citizens of being more loyal to Israel, or the alleged priorities of Jews worldwide, than to the interest of their own nations,” etc.). However, the State of Florida also included the caveat that “criticism of Israel that is similar to criticism toward any other country may not be regarded as anti-Semitic.” Id. § 1000.05(7)(b). Moreover, the State of Florida enacted a “savings clause,” stating that “[n]othing in this subsection shall be construed to diminish or infringe upon any right protected under the First Amendment,” nor shall it “be