On Thursday, October 17, a federal judge ordered the Florida Department of Health to stop threatening local television stations for airing abortion rights ads.
The ruling comes after Florida Gov. Ron DeSantis’ administration aimed to intimidate TV stations across the state by saying it would prosecute those who continued to run political ads supporting a pro-choice amendment on Florida’s ballot this year.
Chief U.S. District Judge Mark Walker of the Northern District of Florida chastised the DeSantis administration for violating free speech in his ruling, saying, “To make it simple for the state of Florida: it’s the First Amendment, dumbass.”
“Whether it’s a woman’s right to choose or her right to discuss it,” Walker wrote, “the First Amendment prohibits the state of Florida from trampling [the pro-choice advocates’] freedom of speech.”
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On Election Day, Floridians will vote on Amendment 4, a ballot measure aimed at repealing the state’s restrictive six-week abortion ban and guaranteeing the right to abort until fetal viability.
A group supporting the amendment, Floridians Protecting Freedom, began running a television ad as part of its “Yes on 4” campaign. The ad, titled “Caroline,” features a woman discussing a miscarriage she had during her second pregnancy.
“The doctors knew that if I didn’t terminate the pregnancy, I would lose my child, I would lose my life, and my daughter would lose her mother,” she says in the 30-second clip. “Florida has now banned abortions, even in cases like mine.”
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After the ad aired, dozens of local TV stations received cease-and-desist orders from the state health department saying they could invoke the “sanitary nuisance” law — often reserved for mitigating the risk of disease caused by things like faulty septic tanks pits and improperly disposed waste — which would enable them to initiate criminal proceedings.
The cease-and-desist letters call the ads “false” and claim they are “likely to have a detrimental effect on the lives and health of pregnant women in Florida.” According to Walker’s ruling, at least one station stopped airing the ad as a result.
In response to the cease-and-desist letters, Floridians Protecting Freedoms sued Florida Surgeon General Joseph Ladapo and Department of Health Solicitor General John Wilson, the latter of whom has since resigned.
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In the lawsuit, Floridians Protecting Freedoms claimed the threats were “unconstitutional coercion and viewpoint discrimination.” A judge sided with the advocacy group, issuing an injunction against the state’s attempt to stop the ad until Oct. 29.
“This critical initial victory is a triumph for every Floridian who believes in democracy and the sanctity of the First Amendment,” Lauren Brenzel, campaign director of Floridians Protecting Freedoms, said in a statement. “The court confirmed what we’ve known all along: The government cannot gloss over the truth about Florida’s extreme abortion ban.”
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Desantis’ deputy press secretary, Julia Friedland, meanwhile, criticized the ruling as “another order that excites the press.”
“The ads are unequivocally false and endanger the lives and health of pregnant women,” Friedland claims. “Florida’s heartbeat protection law always protects the life of the mother and includes exceptions for victims of rape, incest and human trafficking.”
Florida is one of nine states with abortion amendments on the ballot this November. In order for the measure to pass, it needs to receive the support of at least 60 percent.
Categories: Trends
Source: HIS Education