By Frank Faiola 
Photo Credit: Gage Skidmore via Flickr
Floridians Protecting Freedom (FPF) responded to the Florida Department of Health’s October 3rd cease and desist notice, which was issued to WCJB-TV and other stations for airing pro-Amendment 4 advertisements. Florida’s Amendment 4 seeks to restore abortion rights similar to those under Roe v. Wade, allowing the procedure until the point of viability. Currently, Florida prohibits abortion after six weeks, with limited exceptions for cases involving health risks, incest, or rape.
The advertisement, sponsored by Floridians Protecting Freedom, features a story about Caroline, a woman who, during her second pregnancy, was diagnosed with brain cancer and needed an abortion to undergo life-saving cancer treatment. “My abortion allowed me more time to be a mother to my daughter and a wife to my husband,” Caroline says in the ad. “If I were diagnosed today, Florida’s strict abortion ban would force me to choose between my health and being there for my child. No one should have to make that choice.”
FPF’s council argues that the Department of Health’s action infringes on First Amendment rights by attempting to pressure broadcasters to censor protected speech. FPF claims that the advertisement is factual, noting that the cease and desist letter lacks any evidence to dispute this. The Department of Health reportedly threatened criminal action if the ad continued to air.
Federal Communications Commission (FCC) Chair Jessica Rosenworcel recently expressed concern about Florida’s actions, emphasizing, “The right of broadcasters to speak freely is rooted in the First Amendment. Threats against broadcast stations for airing content contrary to government views are dangerous and undermine the core principle of free speech.”
In a separate statement, Chief U.S. District Judge Mark E. Walker of the Northern District of Florida echoed this sentiment: “The government cannot justify indirect censorship of political speech simply by labeling it as ‘false.’” Judge Walker issued a temporary restraining order, blocking the Florida Department of Health from sending additional threatening letters to broadcasters.
Additionally, Florida Secretary of State Cord Byrd, a Republican and former state House member appointed by Governor DeSantis, released a report alleging forged signatures and unlawful compensation for petition gatherers in support of Amendment 4. The report points to issues such as signature verification problems and potential fraud, based on an October 11th report from the Office of Election Crimes and Security.
However, legal precedent presents challenges to overturning Amendment 4. Byrd’s office has already verified the signatures and placement of the amendment on the ballot, and courts generally avoid invalidating election outcomes based on procedural issues alone.
Bacardi Jackson, Executive Director of the Florida chapter of the ACLU, addressed the allegations, stating: “Florida voters will not be misled. This report is the latest attempt to discredit Amendment 4 and uphold an extreme abortion ban. The state is responsible for verifying petition signatures well before placing any amendment on the ballot. The Florida Supreme Court has already ruled that Amendment 4 met the legal standards for placement on the November ballot. Despite months of opposition, the state has not substantively refuted the risks associated with Florida’s current abortion restrictions, instead focusing on silencing advertisements supporting Amendment 4.”