Court bans Florida officials from threatening TV channels over abortion ads

TALLAHASSEE, Fla. (AP) — A federal judge who recently chastised Florida officials for “trampling” free speech rights continued to block the head of the state health department from taking further steps on threaten TV channels that an ad for an abortion rights measure will appear on next week’s ballot.

U.S. District Judge Mark Walker extended the temporary restraining order, siding with the group Floridians Defending Freedom, which created an ad promoting a ballot question that would add abortion rights to the state constitution if passed Nov. 5.

Walker made his decision after hearing arguments from campaign lawyers and government officials. The order expands on a previous one that prohibits State Surgeon General Joseph Ladapo from taking any further action to coerce or intimidate broadcasters airing advertisements.

Walker said extending the temporary restraining order would give him more time to rule on a preliminary injunction sought by the abortion rights campaign. The order will remain in effect until Election Day and expire Nov. 12 unless a judge rules by then.

The group filed lawsuit after Ladapo and John Wilson, who was then the top lawyer for the state health department before unexpectedly resigning, sent a letter to television networks on Oct. 3 urging them to stop broadcasting abortion rights advertisementclaiming it was false and dangerous. The letter also states that broadcasters could face criminal prosecution.

The ad in question features a woman named Caroline Williams, who said that Florida’s current law, which bans most abortions after six weeks, would have barred her from undergoing a procedure that her doctors said was necessary to prolong her life. after she was diagnosed with terminal brain disease. cancer in 2022. Her doctors will not continue cancer treatment while she is still pregnant.

The state’s attorney said the ad’s claims are dangerously misleading and could put Floridians at risk if they don’t seek medical help because they believe all abortions are illegal in the state.

The dissemination of “false information about the availability of vital health care services” is not protected by the Constitution, state attorneys wrote in court papers.

At Tuesday’s hearing, attorney Brian Barnes compared FPF’s ad to a hypothetical ad that falsely claims the state’s emergency system went down, creating a public health emergency.

“We believe this case is governed by the same legal principles that would apply to a hypothetical 911,” Barnes said.

FPF’s attorney argues that “the ad is truthful” and that it depicts a Florida woman describing her own medical condition in her own words.

Lawyer Ben Stafford argues that strong protections for free speech are vital to a functioning democracy, especially in issues where there are clear divisions on complex moral and religious issues such as abortion.

“The First Amendment leaves such matters to the discretion of the public marketplace of ideas,” Stafford said, “not to the whim of a government censor.”

Walker’s ruling on Tuesday extends an Oct. 18 order that prohibits government officials from “trampling” on the free speech rights of those with whom they disagree.

“The government cannot justify its indirect censorship of political speech by simply declaring offensive speech ‘false,'” the judge said in a previous ruling.

He added: “To simplify it for the state of Florida: This is First Amendment stupid.”

Tuesday’s hearing is the latest development in an ongoing battle between abortion rights advocates and officials in the administration of Republican Gov. Ron DeSantis, who is fighting his own battle. government-funded campaign block the ballot measure.

If approved by 60% of Florida voters, the constitutional amendment would protect the right to abortion until the fetus is viable, which is considered to be sometime after 20 weeks. The measure would override an existing state law that bans most abortions after six weeks, before many women know they are pregnant.

In the weeks before the election, DeSantis held taxpayer-funded campaign-style rallies with doctors and religious leaders to oppose the proposed amendment. Four state agencies have committed millions of dollars in public funds to create their own commercials protesting the abortion ban and another proposed constitutional amendment that would legalize recreational marijuana use in the state – a move that critics say violates state law. prohibiting government officials. from using his public office for election campaigning.

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Kate Payne is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

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