鈥業t鈥檚 the First Amendment, stupid鈥�: Federal judge blasts DeSantis administration for threats against TV stations
鈥淭o keep it simple for the State of Florida: it鈥檚 the First Amendment, stupid.鈥�
That鈥檚 what a federal judge wrote Thursday as he sided with local TV stations in an extraordinary dispute over a pro-abortion rights television ad.
Chief U.S. District Judge Mark E. Walker of the Northern District of Florida after the state health department threatened to bring criminal charges against broadcasters airing the ad.
The controversy stems from a campaign ad by the group Floridians Protecting Freedom, which is behind the 鈥淵es on 4 Campaign,鈥� promoting a ballot measure that seeks to overturn Florida鈥檚 six-week abortion ban by enshrining abortion rights in the state constitution.
In the , a brain cancer survivor named Caroline says the state law would have prevented her from receiving a life-saving abortion.
鈥淭he doctors knew that if I did not end my pregnancy, I would lose my baby, I would lose my life, and my daughter would lose her mom,鈥� she says on camera. 鈥淔lorida has now banned abortions, even in cases like mine.鈥�
The state health department 鈥� part of Gov. Ron DeSantis鈥� administration, which has aggressively campaigned against the pro-abortion amendment 鈥� said the ad鈥檚 claims are 鈥渇alse鈥� and 鈥渄angerous鈥� to the public health.
John Wilson, the health department鈥檚 general counsel, sent cease-and-desist letters to multiple television stations airing the ad. Floridians Protecting Freedom then filed a lawsuit against Wilson and the state鈥檚 surgeon general, Joseph Ladapo, saying the threats amounted to 鈥渦nconstitutional coercion and viewpoint discrimination鈥� and pressed the court to bar the state from following up on threats to sue.
On Thursday, the judge agreed the health department鈥檚 threats were 鈥渧iewpoint discrimination鈥� and wrote that the group presented 鈥渁 substantial likelihood of proving an ongoing violation of its First Amendment rights through the threatened direct penalization of its political speech.鈥�
, which is valid through Oct. 29, effectively bars Ladapo from intimidating local stations for airing the Amendment 4 ad.
Walker鈥檚 granting of the restraining order comes less than a week after Wilson resigned from his post. In by the Tampa Bay Times and Miami Herald, Wilson wrote that 鈥渁 man is nothing without his conscience,鈥� adding that 鈥渋t has become clear in recent days that I cannot join you on the road that lies before the agency.鈥�
Wilson did not mention the ad controversy.
The state鈥檚 health department continues to assert that the abortion rights ad 鈥渦nequivocally false and detrimental to public health in Florida.鈥� Jae Williams, the department鈥檚 communications director, told CNN on Thursday that 鈥渢he media continues to ignore the truth that Florida鈥檚 heartbeat protection law always protects the life of a mother and includes exceptions for victims of rape, incest, and human trafficking.鈥�
Some medical experts have said otherwise. 鈥淔lorida鈥檚 extreme abortion ban has created an unworkable legal landscape that endangers both patients and clinicians,鈥� the nonprofit group Physicians for Human Rights stated in a report last month. The ban 鈥渓eads to preventable suffering鈥� and 鈥渃ompels clinicians to deviate from established standards of care and medical ethics,鈥� the group said.
The health department鈥檚 threats were so chilling that WINK, a CBS affiliate, pulled the ad from its broadcasts, . Other stations have continued to air the ad, some as recently as Thursday evening, according to the TVEyes video search service.
The broadcasters were supported by Jessica Rosenworcel, the Democratic chair of the FCC, who said earlier this month that 鈥渢hreats against broadcast stations for airing content that conflicts with the government鈥檚 views are dangerous and undermine the fundamental principle of free speech.鈥�