Florida Gov. Ron DeSantis’s administration has accused a pro-abortion TV ad of distorting the state’s abortion law.
A federal judge has decided not to extend a preliminary injunction that prevented Florida Gov. Ron DeSantis’s administration from taking legal action against a pro-abortion ad that the state government claims spreads “misinformation.”
District Judge Mark Waller, in a ruling on Nov. 6, stated that although he initially supported the plaintiff’s argument that their constitutional rights protecting political speech would be harmed leading up to the election, he could not continue the injunction now that the election has passed.
The controversy revolves around an organization called Floridians Protecting Freedom (FPF) advocating for Amendment 4, a state ballot measure aimed at “limiting government interference with abortion.”
In 2023, DeSantis signed the “Heartbeat Protection Act,” which prohibits abortions after six weeks unless the woman has been a victim of rape, incest, human trafficking, or has a health condition.
The FPF released a TV ad titled “Caroline” in support of Amendment 4. The ad featured a woman named Caroline who claimed that when she was diagnosed with terminal brain cancer, doctors denied her treatment because she was 20 weeks pregnant, preventing her from getting an abortion.
Although Amendment 4 did not pass, it would have allowed women to have an abortion after 20 weeks. The proposal received 57 percent of the vote, falling short of the required 60 percent for approval.
FPF did not respond to requests for comment on Judge Waller’s ruling by publication time.
The Florida Health Department called the ad “categorically false” because the law permits abortion after six weeks if a woman’s life is in danger or to prevent irreversible physical impairment.
In addition to various departmental efforts, the state invoked a 2018 law penalizing organizations for spreading information that could harm a person’s life or health and instructed TV stations to pull the ad.
FPF filed a complaint on Oct. 16 against Florida Surgeon General Joseph Ladapo and other officials seeking injunctive relief.
The organization expressed concerns that the Department may continue to pressure TV stations not to air FPF ads, stating they will continue to run ads educating voters about the lack of exceptions to Florida’s strict abortion ban.
Judge Waller stated that he could not support FPF’s claim of ongoing harm post-election, noting that the need to continue airing the ad now seems moot.
The judge highlighted that while there was evidence to support a temporary restraining order before the election to prevent the Department of Health from coercing broadcasters to stop airing the ad, there is no evidence that broadcasters will face coercion post-election or that FPF will be targeted for other pro-Amendment 4 speech. Please rewrite the following sentence:
“The new company policies will be implemented starting next month.”
“The implementation of the new company policies will begin next month.”
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