Gov. Ron DeSantis’ attempt to silence advertisements in favor of abortion has sparked controversy in the state of Florida, in light of Amendment 4 being on the ballot this month.
The controversy began in early October, when the Florida Department of Health threatened a local television station airing an ad to overturn the state’s six-week abortion ban with criminal charges.
The ad, titled “Yes on 4” is a part of the Floridians Protecting Freedom campaign and a statewide effort by allied organizations and citizens to protect access to abortion as reproductive health care.
The ad featured a woman named Caroline, who developed brain cancer while being 18 weeks pregnant.
“The doctors knew if I did not end my pregnancy, I would lose my baby, I would lose my life, and my daughter would lose her mom,” she said in the advertisement.
The advertisement aired on over 50 TV stations statewide, highlighting Amendment 4, which will be on the ballot on Nov. 5.
Amendment Four would prohibit the state of Florida from interfering with a woman’s decision to have an abortion up to viability, known as the stage 24 weeks into fetal development where a fetus can survive outside of the womb with standard medical procedures. If the woman and her medical care provider decide that an abortion is needed after viability, then the state would not be able to interfere either.
Ronen Wittenberg, a freshman studying Philosophy, expressed his interest in the Amendment 4 circumstance.
“It’s a big point of debate and I look forward to seeing how it will play out on November 5. The outcome could set a huge precedent for future policies and I know I’ll be keeping an eye out for the results,” he said.
Following the advertisement’s release, the State Surgeon General and General Counsel John Wilson sent cease and desist letters to the multiple broadcasting stations that aired it. The administration claimed that the ad falsely asserted that physicians in Florida were prohibited from terminating pregnancies under the six-week abortion ban, when the lives of mothers are at stake.
In addition, they demanded that all broadcasters stop airing the ad within 24 hours, or criminal charges would be pursued.
Yet on Oct. 16, in retaliation to the initial threats, Floridians Protecting Freedom filed a lawsuit against the state and alleged that the state had abused its authority to advance its own interpretation of anti-abortion. Shortly after, former General Counsel John Wilson resigned from his position.
This lawsuit was put before Judge Mark Walker, the chief judge of the United States District Court for the Northern District of Florida. Judge Walker ruled in favor of the plaintiff (broadcasters), and he levied a temporary restraining order blocking further interference by the Florida Department of Health.
He pulled no punches in his response, saying, “Political advertisement is political speech — speech at the core of the First Amendment…To keep it simple for the state of Florida: it’s the First Amendment, stupid.”
Although at least one TV station elected to stop running the ad after the threat of criminal charges, Walker’s ruling temporarily barred the DeSantis administration from intervening in abortion-related television advertisements until Oct. 29.
Just a few days ago, Walker extended the injunction against the DeSantis administration. This block will stay in place until Nov. 12, unless the Judge issues a ruling before that date.
Walker said extending the temporary restraining order will give him more time to rule on the preliminary injunction that the abortion rights campaign is requesting.
This ruling nearly guarantees voters will see these ads right up until they cast their ballots.