Judge Orders DeSantis Administration to Stop 'Threatening' Florida TV Stations for Airing Abortion Ads

On Thursday, Oct. 17, a federal judge ordered the Florida Department of Health to stop threatening local television stations for airing abortion rights commercials.

The ruling comes after Florida Gov. Ron DeSantis' administration aimed to intimidate TV stations across the state by saying they would prosecute those that continued to run political ads supporting a pro-choice amendment on the Florida ballot this year.

Chief U.S. District Judge Mark Walker of the Northern District of Florida chastised the DeSantis administration for infringing on free speech in his ruling, saying, "To keep it simple for the State of Florida: it’s the First Amendment, stupid."

“Whether it’s a woman’s right to choose, or the right to talk about it,” Walker wrote, “the First Amendment prohibits the State of Florida from trampling on [the pro-choice advocates'] free speech.”

On Election Day, Floridians will vote on Amendment 4, a ballot measure that aims to repeal the state's restrictive six-week abortion ban and guarantee the right to an abortion until fetal viability.

A group in favor of the amendment, Floridians Protecting Freedom, began running a television ad as part of their "Yes on 4" campaign. The ad, titled “Caroline,” features a woman discussing the abortion she received during her second pregnancy.

"The 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," she says in the 30-second spot. "Florida has now banned abortions, even in cases like mine."

After the ad aired, dozens of local TV stations received cease-and-desist orders from the state’s health department saying they could invoke a "sanitary nuisance" law — often reserved for mitigating disease risks from things like faulty septic tanks and improperly disposed waste — which would allow them to initiate criminal proceedings.

The cease-and-desist letters called the ads "false" and claimed they "would likely have a detrimental effect on the lives and health of pregnant women in Florida." According to Walker’s ruling, at least one station stopped airing the ad as a result.

In response to the cease-and-desist letters, Floridians Protecting Freedoms sued Florida Surgeon General Joseph Ladapo and the health department's top attorney John Wilson, the latter of whom has since resigned.

In the lawsuit, Floridians Protecting Freedoms claimed the threats were "unconstitutional coercion and viewpoint discrimination." The judge sided with the advocacy group, instituting an injunction against the state’s attempt to halt the ad until Oct. 29.

"This critical initial victory is a triumph for every Floridian who believes in democracy and the sanctity of the First Amendment," said Lauren Brenzel, campaign director for Floridians Protecting Freedoms, in a statement. "The court has affirmed what we’ve known all along: The government cannot silence the truth about Florida’s extreme abortion ban."

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Desantis’ deputy press secretary Julia Friedland, meanwhile, criticized the ruling as “another order that excites the press.” 

"The ads are unequivocally false and put the lives and health of pregnant women at risk," Friedland claimed. "Florida’s heartbeat protection law always protects the life of a mother and includes exceptions for victims of rape, incest, and human trafficking."

Florida is one of nine states with abortion amendments on the ballot this November. For the measure to pass, it needs to receive at least 60% support.