FCC Blasts State Threats Against Broadcaster Over Abortion Ad

Federal Communications Commission Chair Jessica Rosenworcel on Tuesday denounced threats made by a Florida agency against broadcast TV stations for airing advertisements in support of an abortion rights referendum.

"The right of broadcasters to speak freely is rooted in the First Amendment," Rosenworcel said in a statement who overseas the agency that regulates broadcast networks. "Threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech."

Rosenworcel cited a media report that said the Florida Department of Health had sent letters to broadcast stations saying the advertisement "is categorically false." The state agency disputed the ad's claim that Florida law does not allow physicians to perform abortions necessary to preserve the health or life of pregnant women.

Rosenworcel

The Florida agency's letter suggested the stations could face criminal charges for airing the ad. It said First Amendment free speech rights of TV stations do not "include free rein to disseminate false advertisements which, if believed, would likely have a detrimental effect on the lives and health of pregnant women in Florida."

Lawyers representing supporters of the amendment said in an Oct. 4 letter seen by Reuters that the state agency's letter "reflects an unconstitutional attempt to coerce the station into censoring protected speech" and said the advertisement is true.

"The state of Florida cannot bar political advertisements that do not agree with the state’s own preferred narratives and characterizations," the letter said. "The department cannot criminalize media outlets running political advertisements with which it disagrees.

Voters in Florida will decide in November on an amendment that would enshrine abortion rights in the state's constitution and overturn a current six-week abortion ban.

Voters have chosen to protect or expand abortion access in all seven statewide ballot measures put to a vote since the U.S. Supreme Court in 2022 eliminated the nationwide right to abortion, including in conservative strongholds such as Ohio, Kentucky and Kansas.