A federal judge in Florida on Thursday ordered the state to stop threatening TV stations with criminal charges if they run a political ad in support of a referendum that would repeal the state’s six-week abortion ban.
The Washiington Post reports proponents of Amendment 4 sued the state on Wednesday over letters from the Florida Department of Health to broadcast stations around the state, threatening “criminal proceedings” if they ran the ads.
U.S. District Chief Judge Mark Walker said the state’s actions amount to “unconstitutional coercion” and violate the First Amendment.
“Whether it’s a woman’s right to choose, or the right to talk about it,” Walker wrote, “the First Amendment prohibits the State of Florida from trampling” on the abortion rights proponents’ freedom of speech.
The plaintiff in the case, Floridians Protecting Freedom, celebrated Walker’s injunction against the state, which lasts until Oct. 29 — a week before the Nov. 5 election.
“This critical initial victory is a triumph for every Floridian who believes in democracy and the sanctity of the First Amendment,” said Lauren Brenzel of Yes on 4 Florida, the campaign arm of the organization. “The court has affirmed what we’ve known all along: The government cannot silence the truth about Florida’s extreme abortion ban.”Julia Friedland, Gov. Ron DeSantis’s deputy press secretary, denounced the decision as “another order that excites the press.”
“The ads are unequivocally false and put the lives and health of pregnant women at risk,” she said. “Florida’s heartbeat protection law always protects the life of a mother and includes exceptions for victims of rape, incest, and human trafficking.”
In the ad, Caroline Williams, a parent in Florida, describes how the state’s current abortion ban would have endangered her life if it had been enacted a couple of years ago. She does not say at what point in her pregnancy she obtained the abortion.
The ad is airing on more than 50 stations across the state. The state sent cease-and-desist letters to at least two TV stations, but only one pulled it off air, according to Floridians Protecting Freedom, the main group backing the “Yes on 4” campaign.
The group called the letters “blatant government interference” and a violation of the First Amendment.
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