A federal judge in Florida on Thursday ordered the administration of Gov. Ron DeSantis (R-Fla.) to stop threatening television stations with criminal charges for airing certain political ads supporting the Abortion Rights Amendment ballot initiative. I ordered.
The judge ruled that the administration, which had justified its actions by preventing medical misinformation, was violating free speech rights.
DeSantis is a staunch opponent of the Fourth Amendment, which enshrines the right to abortion in the state constitution, and has been accused of using state power to challenge ballot initiatives.
judge mark walker Appointed to the U.S. District Court in Tallahassee by former President Barack Obama in 2012, he temporarily filed a lawsuit against the DeSantis administration, arguing that the Florida Department of Health’s threats against television stations amounted to “viewpoint discrimination” and “unconstitutional coercion.” The restraining order was granted.
Walker’s order was issued after an emergency hearing Thursday after the pro-Fourth Amendment abortion rights group Floridians Defending Freedom filed a lawsuit against the DeSantis administration on Wednesday. Ta.
“The government cannot permit indirect censorship of political speech simply by declaring offensive speech ‘false,'” Walker wrote in a 17-page opinion. “Simply put about Florida: It’s the First Amendment, idiot.”
The 30-second TV spot in question features Caroline Williams, who was 20 weeks pregnant when she was diagnosed with stage 4 brain cancer. Williams claimed in the video that Florida’s abortion ban would prevent her from terminating her pregnancy to receive cancer treatment, leaving her first child without a mother.
In April, the Florida Supreme Court upheld the state’s six-week abortion ban signed by DeSantis in April 2023. There are exceptions to this restriction, not only to save a woman’s life or prevent serious physical harm, but also for rape, incest, and fatal fetal abnormalities. harm.
Since the law went into effect in May, the Florida Department of Health Services has told health care providers that they should make “medically appropriate” decisions when pregnancy threatens the mother’s health. I’ve done it.
This was announced by a spokesperson for the DeSantis administration. washington examiner Ms Williams believed she would have been able to terminate the pregnancy to save her life under the six-week abortion ban.
“The backers of Yes on 4 are also playing politics with women’s lives at stake,” a spokesperson said. “The ad’s disingenuous premise that pregnant women are not allowed access to medical care if their pregnancy develops life-threatening complications is that pregnant women facing a health crisis cannot seek medical intervention necessary to survive. It can deter people from going to the doctor.”
Anti-abortion advocates who support gestational age limits on abortion procedures argue that medical misinformation and confusion among health care providers are putting patient safety at risk, and the medical emergency exception claims that it is sufficient.
It was reported in September that Georgia mother Candy Miller died of complications from abortion pills in 2022, after the state’s six-week abortion ban went into effect. Miller’s family told the coroner that her pregnancy was life-threatening due to a pre-existing condition, so they obtained abortion pills online but did not seek medical attention for fear of prosecution. The families claim that no such thing happened.
This was announced by a spokesperson for the Florida Department of Health. washington examiner It claimed that Yes On 4’s ads were “patently false and harmful to Florida’s public health.”
“The media continues to ignore the truth that Florida’s Heartbeat Protection Act has always protected the life of the mother and includes exceptions for victims of rape, incest, and human trafficking,” the Florida Department of Health said. a spokesperson said.
“The court affirmed what we’ve known all along: The government cannot silence the truth about Florida’s extreme abortion ban,” said Lauren Brenzel, campaign director for Yes on 4. Ta. new york times on Thursday.
Anti-abortion activists in Florida on Wednesday accused the pro-abortion rights movement of engaging in widespread voter fraud to gain control of next month’s ballots and elections in several counties. A lawsuit was filed against the supervisor.
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If the process of placing an amendment on the ballot is deemed invalid by a court, a lawsuit could completely invalidate the vote on the amendment.
In Florida, a 60% majority of voters must approve the voting method for a constitutional amendment to pass, but polling data shows New York Times/siena In a poll earlier this month, 46% of Floridians said they planned to support the abortion rights amendment at the polls.
