Politics

/

ArcaMax

Group behind Amendment 4 sues DeSantis administration over threats to TV stations

Romy Ellenbogen, Miami Herald on

Published in Political News

MIAMI — The campaign behind Florida’s proposed abortion amendment is suing the state, claiming First Amendment violations stemming from threats from the DeSantis administration to criminally prosecute television stations if they do not stop running a political ad.

The federal lawsuit is the latest battle between Floridians Protecting Freedom, the group behind Amendment 4, and Gov. Ron DeSantis’ administration. DeSantis has leaned heavily on the power of state government in recent months as he attempts to defeat the amendment, which would undo the state’s ban on most abortions after six weeks of pregnancy.

The lawsuit centers on cease-and-desist letters the Florida Department of Health sent Oct. 3 to at least two Florida TV stations, telling the stations to take down an ad in favor of the amendment and threatening prosecution if the stations did not.

The ad features a woman, Caroline, who was diagnosed with brain cancer two years ago while pregnant with her second child. In the advertisement, the woman said that if she did not get an abortion, she would not be able to receive cancer treatment and could have died and been unable to be there for her daughter.

“Florida has now banned abortion even in cases like mine,” the woman said in the advertisement.

The Department of Health’s general counsel, John Wilson, called the claims “categorically false” and said the message could put women’s health at risk if it continues to air. Since sending the letter, Wilson has left his job with the state. Wilson is a defendant in the lawsuit, along with Surgeon General Joseph Ladapo.

At least one TV station, WINK-TV in southwest Florida, has since stopped airing the Caroline ad, according to the lawsuit.

In the lawsuit, Floridians Protecting Freedom said that like any political campaign, it has sought to “inform, energize, and persuade voters” to support its cause. It said that while opponents are free to engage in oppositional speech, the state can’t use “coercive powers” to chill speech.

The complaint also argues that the cease-and-desist letters are an “escalation of a broader State campaign to attack Amendment 4 using public resources and government authority to advance the State’s preferred characterization of its anti-abortion laws as the ‘truth’ and denigrate opposing viewpoints as ‘lies.’”

In the complaint, Floridians Protecting Freedom said it fears the state’s threats will cause television stations not to run other advertisements from the group that deal with “the lack of meaningful exceptions” to Florida’s abortion laws, including an ad that features Deborah Dorbert, a woman who was denied an abortion despite knowing her child would likely not survive after birth. Another ad it said it plans to launch will focus on Anya Cook, who was denied an abortion after her water broke at 16 weeks.

“Simply put, these advertisements reflect FPF’s understanding—rooted in an undeniable reality and women’s words about their own experiences—that the exceptions to the current law, a near-total ban on abortion, are not meaningfully accessible to many patients,” the lawsuit says.

 

The campaign asks for a temporary restraining order and a permanent injunction to keep the state from taking any further actions to “coerce, threaten, or intimate” repercussions to broadcasters airing the campaign’s advertisements. It also asks for an order directing the state to withdraw its cease-and-desist letters, and for monetary damages to compensate for the loss of airtime.

“The state of Florida’s crusade against Amendment 4 is unconstitutional government interference — full stop,” Lauren Brenzel, the Floridians Protecting Freedom campaign director, said in a statement. “The State cannot coerce television stations into removing political speech from the airwaves in an attempt to keep their abortion ban in place.”

The head of the Federal Communications Commission issued a statement earlier this month denouncing the state’s cease-and-desist letters and saying TV stations have a right to air political ads under the First Amendment.

“Threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech,” FCC Chairwoman Jessica Rosenworcel said in a statement on Oct. 8.

A spokesperson for the Department of Health did not immediately return a request for comment Wednesday about the lawsuit, or about two new contracts the department signed last week to get legal representation “in regard to false political advertisements.”

It’s unclear if the state plans to sue the broadcast stations.

In its cease-and-desist letters, the state noted that Florida’s law allows for abortions to the six-week cutoff in certain instances, including to save the life of the mother or averting irreversible physical impairment. But opponents say uncertainty over the state’s law, and the threat of criminal prosecution, could mean that someone like Caroline may not have been able to get an abortion.

The Florida Supreme Court last week unanimously rejected a petition filed by a Palm Beach County attorney that alleged that top state officials were improperly interfering with the abortion referendum, citing an Agency for Health Care Administration website opposing Amendment 4. The court said the Palm Beach County man’s petition did not follow legal precedent.

Earlier this month, a circuit judge rejected a lawsuit filed by Floridians Protecting Freedom against the state over the same website. In that case, the judge said it wasn’t the court’s place to intervene.


©2024 Miami Herald. Visit at miamiherald.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Christine Flowers

Christine Flowers

By Christine Flowers
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
Joe Guzzardi

Joe Guzzardi

By Joe Guzzardi
John Micek

John Micek

By John Micek
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Michael Reagan

Michael Reagan

By Michael Reagan
Mona Charen

Mona Charen

By Mona Charen
Oliver North and David L. Goetsch

Oliver North and David L. Goetsch

By Oliver North and David L. Goetsch
R. Emmett Tyrrell

R. Emmett Tyrrell

By R. Emmett Tyrrell
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

John Branch Gary Markstein Jack Ohman Jeff Koterba Gary Varvel Clay Bennett