Screenshot of “Caroline” ad displayed on the Yes on 4 campaign website.
The group behind the amendment to protect abortion access in Florida filed a lawsuit Wednesday morning in federal court arguing that the DeSantis administration is attempting to silence political speech it doesn’t agree with.
Floridians Protecting Freedom filed the complaint in the U.S. District Court for the Northern District of Florida in Tallahassee in response to the Florida Department of Health’s Oct. 3 cease-and-desist letters sent to television stations running an ad from the Yes on 4 campaign.
In the complaint, the organization contends that the health department’s letter threatening criminal charges against the broadcasters amounts to coercion and viewpoint discrimination in violation of the First Amendment’s protections for political speech.
“The state of Florida’s crusade against Amendment 4 is unconstitutional government interference — full stop,” said Lauren Brenzel, campaign director for Yes on 4. “The State cannot coerce television stations into removing political speech from the airwaves in an attempt to keep their abortion ban in place.”
Yes on 4 wants punitive damages
The sponsoring organization is asking the federal court to stop the DeSantis administration from threatening it and broadcasters for airing speech in favor of the abortion amendment. The group also seeks monetary compensation and punitive damages for the alleged violation of its First Amendment rights, although the amount is not specified in the suit.
Florida Surgeon General Joseph Ladapo during a news conference with Gov. Ron DeSantis on Sept. 7, 2023. Source: Screenshot/DeSantis Facebook
Florida Surgeon General Joseph Ladapo and former health department General Counsel John Wilson are the named defendants. Wilson wrote the letters to the broadcasters. The Miami Herald reported that he left his job with the department days after submitting the letters. Floridians Protecting Freedom is suing Wilson personally, given his exit from the department.
This is the latest legal dispute to arise from Gov. Ron DeSantis’ deployment of state resources against Amendment 4, which would undo Florida’s six-week abortion ban if more than 60% of voters approve it in November.
The suit cites an Oct. 11 interim report from the Department of State’s Office of Election Crimes and Security, which accused the sponsor of “widespread election fraud” and fined it $328,000, as an attempt to intimidate Floridians Protecting Freedom
At least one station stopped showing the ad
The ad in question, titled “Caroline,” features a woman diagnosed with brain cancer two years ago who had to get an abortion. She says in the ad that the state’s six-week abortion ban, which went into effect in May, would have prevented her from getting the procedure. At least one television station, WINK TV in Fort Myers, stopped airing the ad after receiving the letter from the state, according to the complaint.
In the letter sent to the stations, Wilson wrote that the department could carry out criminal proceedings against the broadcasters.
“The advertisement is not only false; it is dangerous. Women faced with pregnancy complications posing a serious risk of death or substantial and irreversible physical impairment may and should seek medical treatment in Florida,” Wilson wrote.
State law provides for such exemptions on paper, but doctors and hospitals have been reluctant to observe them in practice for fear of sanctions including criminal prosecution and loss of licenses to practice.
The threat caused such outrage that Jessica Rosenworcel, head of the Federal Communications Commission, last week condemned it.
“The right of broadcasters to speak freely is rooted in 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,” she said.
Other attempts by Floridians Protecting Freedom and a South Florida attorney to rein in through state courts the governor’s use of state resources to oppose Amendment 4 have been unsuccessful. However, this is the first case filed in federal court.
The Florida Department of Health did not immediately respond to Florida Phoenix’s request for comment.
Floridians Protecting Freedom v. Ladapo