TALLAHASSEE, Fla. — A federal judge has intervened to prevent the head of Florida’s health department from taking any further steps to intimidate television stations regarding an abortion-rights advertisement they have been broadcasting.
On Thursday, U.S. District Judge Mark Walker issued a ruling that favored the advocacy group Floridians Protecting Freedom, which has been promoting a ballot initiative aimed at enshrining abortion rights in the state constitution if it is ratified in the upcoming election on November 5. The group had initiated a lawsuit earlier this week in response to the health department’s correspondence with television outlets.
In his decision, the judge stated, “The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is ‘false.’” He further emphasized, “To keep it simple for the State of Florida: it’s the First Amendment, stupid.”
The legal trouble began when Florida’s Surgeon General Joseph Ladapo, along with John Wilson, the former chief legal officer of the health department who recently resigned, sent a letter to TV stations on October 3. In their letter, they demanded the cessation of an ad produced by FPF, characterizing the content as misleading and potentially hazardous, also implying possible criminal repercussions.
According to FPF, around 50 networks were airing the advertisement, with most, if not all, of them receiving the state’s warning, leading at least one station to discontinue the ad. The group contends that the state’s assertion of falsehood regarding claims made in the advertisement is incorrect. The central issue involved a woman’s statement about receiving an abortion in 2022 after being diagnosed with a terminal brain tumor, suggesting that under current state laws, such an abortion would not be allowed.
Despite the ruling, the state’s stance remains unchanged. A spokesperson for the health department reaffirmed on Thursday that the claims made in the advertisements are “unequivocally false.”
The judge’s order prohibits any further action from the state until October 29, at which time he has scheduled a hearing to review the case.
This ballot initiative is one of nine similar measures proposed nationwide; however, it stands out as the costliest campaign thus far, with advertising expenditures reaching around $160 million, as reported by media analytics firm AdImpact. To be enacted, the measure would need to garner approval from at least 60% of voters and would negate the existing state law that imposes a ban on abortions after approximately six weeks of pregnancy, a timeframe that often precedes a woman’s awareness of her pregnancy.
Governor Ron DeSantis’s administration has taken various actions against the campaign supporting this ballot measure.