Florida Republican Governor Ron DeSantis was criticized for threatening to bring legal charges against television station WFLA for airing an ad supporting Amendment 4, which would overturn DeSantis' 6-week abortion ban and restore access to the procedure until fetal viability by enshrining reproductive freedom in the state's constitution.
DeSantis has directed significant taxpayer funds to challenge Amendment 4, using a nonpartisan government agency to spread misleading information. He has also initiated an unprecedented investigation into petition signatures, which had already been verified by the state, citing a need to address voter fraud.
An ad supporting the initiative, sponsored by Floridians Protecting Freedom, features a woman named Caroline, who was diagnosed with brain cancer during her second pregnancy. Caroline chose to have an abortion to pursue life-extending cancer treatment.
At one point, she says:
“The doctors knew if I did not end my pregnancy, I would lose my baby, I would lose my life and my daughter would lose her mom. Florida has now banned abortion even in cases like mine.”
You can see the ad below.
- YouTubeyoutu.be
In response, the Florida Department of Health sent a letter to the station signed by general counsel John Wilson that states, in part:
“While your company enjoys the right to broadcast political advertisements … that right does not include free rein to disseminate false advertisements which, if believed, would likely have a detrimental effect on the lives and health of pregnant women in Florida."
Wilson argued that Florida’s abortion ban wouldn’t stop women in situations like Caroline’s from getting an abortion, but it would impose significant burdens on a cancer patient navigating the process:
“[A]n abortion may be performed if ‘two physicians certify in writing that, in reasonable medical judgment the termination of the pregnancy is necessary to save the pregnant woman’s life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition.'"
The letter also threatened television stations that air the ad with criminal penalties if the ad was not taken down within 24 hours, though thus far none have complied.
Lawyers for Amendment 4 claim that the Department of Health is engaging in an “unconstitutional attempt to coerce the station into censoring protected speech” and are urging the stations to continue airing the ad. Attorneys from the Elias Law Group stated, “This is not just an unfounded request, it is an unconstitutional state action,” adding that the letter represents “a textbook example of government coercion that violates the First Amendment.”
Nikki Fried, chair of the Florida Democratic Party, also condemned the DeSantis administration's action and encouraged citizens to register to vote:
"Floridians, THIS is not democracy! We do not live in a free state, free of government interference, free of government intimidation and free of government overreach."
You can see what she wrote below.
Others have also criticized DeSantis and stressed the importance of Amendment 4.
A recent report from Physicians for Human Rights highlighted similar challenges faced by a terminal pancreatic cancer patient who became unexpectedly pregnant.
“Because she had been on and off chemotherapy and radiation for the better part of five years, because of her recurrences, her periods had been irregular for ages… She has always wanted to be pregnant, but never could because of her treatments,” her OB-GYN told researchers. Her oncologist advised, “We have to stop treatment unless you have an abortion, essentially because this poses a risk to the pregnancy.”
In this case, it took over a week for the doctor to gather the necessary documentation to justify a health exception under Florida’s abortion ban. Afterward, they arranged for an abortion at a hospital that could handle her medical risks, which was a 4-hour drive from her home.
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