In its letter to WFLA-TV, the state agency—which is led by Florida Surgeon General Joseph Ladapo, a DeSantis appointee with a history of promoting medical misinformation—alleges that the ad is in violation of state law.
“The advertisement is not only false; it is dangerous,” John Wilson, the agency’s general counsel, wrote in the letter.
The agency alleges that the ad constitutes a “sanitary nuisance” under state law, arguing that the content of the message threatens the health and life of Florida residents. The department goes on to say that if the ad isn’t pulled after the station is given notification, the agency has the right to begin criminal proceedings.
The department further argues that the First Amendment’s constitutional right to free speech “does not include free rein to disseminate false advertisements” which “would likely have a detrimental effect on the lives and health of pregnant women in Florida.”
Despite the letter’s allegations, courts have traditionally given media companies enormous latitude in exercising their freedom of speech, particularly in regards to airing political messages.
In a 2022 interview with NPR, Tom Wheeler, the former Federal Communications Commission chair under President Barack Obama, explained that “you’re allowed to lie” in campaign ads broadcast on television.
Despite the letter’s ominous warnings, Florida residents have had to suffer under the restrictive legislation in situations similar to Caroline’s.
Deborah Dorbert told CNN in 2023 how the state’s abortion ban forced her to carry her baby to term, even though the fetus had no kidneys and would die. She could not afford to travel out of the state to have the procedure, and told the network, “I watched my child take his first breath, and I held him as he took his last one.”
The Florida Agency for Health Care Administration (AHCA) has been sued by the ACLU of Florida and Southern Legal Counsel for previously using the state agency to attack Amendment 4.
“The lawsuit seeks to block AHCA’s dissemination of false and misleading information aimed at swaying voters and undermining the democratic process, all while dismissing the fact that Florida’s extreme abortion ban puts women’s lives at risk,” the ACLU said in a statement.
DeSantis’ actions come as recent polling shows strong public support for Amendment 4. A recent poll from Emerson College for The Hill showed that 55% of likely Florida voters support the initiative, while only 26% opposed it and 20% were unsure how they would vote. The initiative will require 60% support to become law.
Florida enacted its abortion ban after the conservative majority on the Supreme Court overturned Roe v. Wade, eliminating the constitutional right to abortion. Donald Trump, who appointed three of the six justices who voted with the majority, and who is a Florida resident, has said he joins DeSantis in opposing Amendment 4.
Democratic presidential nominee Kamala Harris has backed a federal law that would restore Roe protections and supports ending the Senate filibuster to ensure passage of such a law.
Campaign Action
