TALLAHASSEE, Fla. — A federal judge on Tuesday continued to block the head of Florida’s health department from taking any more steps to threaten TV stations that air commercials for an abortion rights measure on next week’s ballot.
U.S. District Judge Mark Walker extended a temporary restraining order, siding with Floridians Defending Freedom, the group that created the ads promoting the ballot question that would add abortion rights to the state constitution if it passes Nov. 5.
Walker handed down the decision from the bench after hearing arguments from attorneys for the campaign and state officials. The order extends a previous one that bars State Surgeon General Joseph Ladapo from taking any further action to coerce or intimidate broadcasters that run the commercials.
Walker said extending the temporary restraining order will give him more time to rule on the preliminary injunction that the abortion rights campaign is requesting.
The group filed the lawsuit after Ladapo and John Wilson, who was then the top lawyer at the state health department before resigning unexpectedly, sent a letter to TV stations on Oct. 3 telling them to stop running an abortion rights ad, asserting that it was false and dangerous. The letter also says broadcasters could face criminal prosecution.
The ad at issue features a woman named Caroline Williams who said Florida’s current law — which bans most abortions after six weeks — would have barred her from getting the procedure that her doctors said was needed to extend her life, after she was diagnosed with terminal brain cancer in 2022. Her providers wouldn’t go forward with her cancer treatment while she was still pregnant.
The decision Walker handed down on Tuesday extends an Oct. 18 order barring state officials from “trampling” on the free speech rights of those they disagree with.
“The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is ‘false,’” the judge said in the previous order.
He added, “To keep it simple for the State of Florida: it’s the First Amendment, stupid.”
Tuesday’s hearing is the latest development in an ongoing fight between advocates for abortion rights and officials in the administration of Republican Gov. Ron DeSantis, who has waged his own state-funded campaign to block the ballot measure.
If approved by 60% of Florida voters, the constitutional amendment would protect the right to an abortion until fetal viability, considered to be somewhere past 20 weeks. The measure would override current state law, which bans most abortions after six weeks, before many women know they’re pregnant.
In the weeks leading up to the election, DeSantis has held taxpayer-funded, campaign-style rallies with doctors and religious leaders to advocate against the proposed amendment. Four state agencies have set aside millions of dollars in public funds to create their own commercials railing against the abortion measure and another proposed constitutional amendment that would legalize recreational marijuana use in the state — a move that critics say violates a state law that bars government officials from using their public office for electioneering.
___ Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
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