Florida Federal Judge Backs TV Stations in Dispute Over Pro-Abortion Rights Ad; “It’s the First Amendment, Stupid”

A federal judge sided with local TV stations in their dispute with the Florida surgeon general regarding a pro-abortion rights advertisement.

“It’s the First Amendment, stupid.” U.S. District Judge Mark E. Walker stated as he granted a temporary restraining order after the state health department threatened broadcasters with criminal charges for airing the ad promoting a ballot measure to overturn Florida’s six-week abortion ban.  The ad features Caroline, a brain cancer survivor, who asserts that the law would have prevented her from receiving a life-saving abortion, stating, “Florida has now banned abortions, even in cases like mine.”

The Florida Health Department, part of Gov. Ron DeSantis’s administration, labeled the ad’s claims as “false” and “dangerous.” In response, the advocacy group Floridians Protecting Freedom filed a lawsuit against Health Department General Counsel John Wilson and Surgeon General Joseph Ladapo, arguing that the threats constituted “unconstitutional coercion and viewpoint discrimination.” Judge Walker agreed, noting the group had a strong case for a violation of its First Amendment rights due to the state’s intimidation tactics.

The restraining order is effective until October 29th, preventing further threats against local stations airing the Amendment 4 ad. This ruling follows Wilson’s resignation, during which he expressed that his conscience could not align with the agency’s direction.