Attempts by the State of Florida to take down a pro-Amendment 4 television ad are now on hold.
A federal judge ruled Wednesday that the Florida Department of Health cannot take “any further actions to coerce, threaten, or intimate repercussions against broadcasters for airing the ads” or “undertaking enforcement action against them…”
Chief Judge U.S. District Judge Mark E. Walker added in his ruling, “to keep it simple for the State of Florida: it’s the First Amendment, stupid.”
On October 3rd, the Department of Health sent a cease-and-desist letter to several television stations across the state, including NBC6, threatening them if they didn’t stop airing the ad.
The Hurricane season is on. Our meteorologists are ready. Sign up for the NBC 6 Weather newsletter to get the latest forecast in your inbox.
AMENDMENT 4
“It surprised me because I was receiving so much compassion and support, until that cease and desist came. I was also packing up my house to evacuate for Milton,” said Caroline who lives in Tampa. She asked that her last name not be used in this story for security reasons.
In the 30-seconds ad, Caroline reveals her personal story: she was diagnosed with brain cancer when she was 18 weeks pregnant. Her doctors implored her to start chemotherapy and radiation immediately to save her life, but first she needed an abortion.
“I am grateful for the legal right to make that decision with my doctor and husband. I know that today Florida’s extreme ban would force me to choose between my health and being there for my child and no one should have to make that choice,” said Caroline.
The DeSantis administration argues Caroline would’ve had access to an abortion under Florida’s current law which has exceptions for rape, incest and the life of the mother.
The governor’s office sent a statement saying in part: “The ads are unequivocally false and put the lives and health of pregnant women at risk. Florida’s heartbeat protection law always protects the life of a mother.”
The American Civil Liberties Union - Florida praised the judge’s decision that allows Caroline’s story to be heard.
“The State of Florida cannot wield its power to silence the voices of women who are bravely sharing their stories about reproductive health care,” said Keisha Mulfort, with ACLU-Florida.
Caroline’s ad has started playing again on television stations across the state. At least one state had stopped airing it after the cease and desist letter from the health department.
The temporary injunction expires on October 29th. A hearing is scheduled for the same day to allow for a more permanent resolution.
