Florida’s chief health agency faces a lawsuit over allegedly spreading “misinformation” about a ballot measure to make abortion a constitutional right in the state.
Florida voters will decide whether to pass the ballot measure, known as Amendment 4, in November’s general election. If it is approved by at least 60 percent of voters, the measure would make abortion legal up until the pregnant patient’s healthcare provider determines the fetus it is viable.
The American Civil Liberties Union of Florida (ACLU) sued Florida’s Agency for Health Care Administration (AHCA) on Thursday on behalf of Floridians Protecting Freedom, Inc., the organization behind Amendment 4.
The lawsuit alleges that the health agency used taxpayer money to carry out a “misinformation” campaign against Amendment 4 using a website, television and radio ads.
The website, which was launched this month, defends Florida’s current six-week abortion ban and states that “Amendment 4 threatens women’s safety” under a banner that reads “Florida is Protecting Life” and “Don’t let the fearmongers lie to you.”
Newsweek reached out to AHCA via email for comment on Friday afternoon.
Abortion rights advocates participate in a protest outside of the U.S. Supreme Court Building on June 24, 2024, in Washington, DC. Florida’s chief health agency faces a lawsuit over allegedly spreading “misinformation” about a ballot measure to make abortion a constitutional right in the state.
Anna Moneymaker/Getty Images
Currently, it is illegal in Florida to perform or get an abortion after six weeks of pregnancy. There are exceptions for rape, incest and human trafficking up to 15 weeks. Abortions in Florida are allowed if it would save the life of the pregnant patient or prevent “substantial and irreversible” physical impairment.
According to Planned Parenthood, many people do not know they are pregnant at six weeks. Meanwhile, state abortion bans—which were made possible by the Supreme Court‘s overturning of Roe v. Wade in 2022—have been scrutinized for causing health risks to pregnant people.
The lawsuit calls for the court to immediately put an end to the Florida health agency’s alleged messaging push and what they argue is the unlawful use of taxpayer money by state officials to aid a political campaign. These actions are claimed to be infringing on Florida’s voters’ rights, according to the suit.
Florida Governor Ron DeSantis, a Republican who signed the six-week ban into law, defended the state health agency’s alleged actions.
“Everything that is put out is factual. It is not electioneering,” DeSantis said at a news conference before the lawsuit was filed, adding, “I am glad they are doing it.”
ACLU of Florida attorney Michelle Morton, meanwhile, said in a statement, “Florida’s government has crossed a dangerous line by using public resources to mislead voters and manipulate their choices in the upcoming election.”
“This lawsuit aims to stop these unconstitutional efforts and restore integrity to our electoral process,” Morton added.
This article includes reporting from The Associated Press.
