A federal judge on Thursday issued a temporary restraining order against Florida’s surgeon general, the latest development in a legal battle over a television ad supporting the state’s abortion rights ballot measure.
Earlier this month, the Florida Department of Health sent cease and desist letters to many broadcast stations threatening criminal charges against stations that aired the ad that did not stop playing it.
The advertising It’s encouraging people in Florida to vote “yes” on a ballot initiative that would add language to the state constitution that would allow abortions until the fetus is viable. The amendment would repeal Florida’s six-week abortion ban. The campaign ad featured Caroline, a woman with terminal brain cancer who had to terminate her pregnancy in order to receive life-prolonging treatment.
The letters sent to the broadcast stations call the ad false and dangerous, pointing out that Florida’s current abortion law makes an exception for the life of the mother. They suggested that otherwise-minded women could seek out-of-state abortions that would “threaten or impair” their health.
Floridians Protecting Freedom, the group behind the ad, filed a lawsuit Wednesday seeking an injunction to prevent the health department from coercing or threatening television stations that broadcast the group’s ads.
In a clearly worded order, US Chief Justice Mark Walker sided with the plaintiffs. The arrest warrant against Florida Surgeon General Joseph Ladapo continues until October 29.
“To keep it simple for the state of Florida: it’s the First Amendment, stupid,” Walker wrote.
He noted that the state is building its own campaign against the ballot initiative and said that demanding the removal of counter-advertisements is censorship.
Even before the ruling, Federal Communications Commission Chairwoman Jessica Rosenworcel had denounced the cease-and-desist letters as violations of the First Amendment.
“Threats against broadcasters for airing content that contradicts government views is dangerous and violates the fundamental principle of free speech,” Rosenworcel said. said on October 8.
While some TV stations continued to air the ad after receiving the cease-and-desist letter, at least one, WINK-TV, pulled the ad in response.
In the lawsuit, Floridans Defending Freedom also sought a preliminary injunction barring the health department from further intimidating or threatening the television stations, while seeking monetary and punitive damages from the department for what it considers to be a violation of the plaintiffs’ rights to freedom. output. Their complaint said the cease-and-desist letters were “an extension of a broader state campaign” to use public resources and government powers to attack the ballot initiative.
The group filed a lawsuit against both Ladapo and the former health department general counsel who sent the letters.
That attorney, John Wilson, He resigned a week after sending the lettersAccording to the Tampa Bay Times and the Miami Herald. Newspapers wrote that Wilson said in his resignation letter that “a man without a conscience is nothing.”
The judge’s temporary restraining order applies only to Ladapo.
The Florida Department of Health continued to oppose the ads in a statement Friday.
“The fact is, these ads are unequivocally false and harmful to public health in Florida,” said Jae Williams, director of communications for the department. “The media ignores the fact that Florida’s heartbeat protection law always protects the life of the mother and includes exceptions for victims of rape, consanguinity and human trafficking.”
Caroline, the woman who appears in the ad and asked that her last name not be published, said she learned of the health department’s cease and desist letters as she prepared to evacuate her home ahead of Hurricane Milton.
“It surprised me because at first I was getting a lot of sympathy and support,” he said on a call with reporters on Friday.
In response to the judge’s ruling Thursday, Lauren Brenzel, campaign director for the Yes on 4th initiative, said: issued a statement calling it a “decisive victory”.
“The court confirmed what we’ve known all along: the government cannot suppress the truth about Florida’s abortion ban,” Brenzel said.
Bacardi Jackson, executive director of the ACLU of Florida, said the organization was also pleased with the judge’s decision.
“What we’re seeing is an incredible rollback by our government in terms of our freedom to have a free and fair election, and so it’s very alarming that the judge can see very clearly what’s going on,” Jackson said. reporters.
However, the work is not over. A hearing has been set for October 29 to discuss the request for a preliminary injunction.