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

Mar. 15, 2025

Florida Gov. Ron DeSantis at a press conference on Jan. 15, 2024.Photo:Scott Olson/Getty

Scott Olson/Getty

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

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 restrictivesix-week abortion banand 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 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.

source: people.com