A federal judge on Tuesday extended a restraining order preventing Florida’s top health official from pressuring TV stations over airing commercials in support of an abortion rights measure on next week’s ballot.
The ruling marks the latest development just days before voters decide on a constitutional amendment that could reshape Florida’s abortion laws.
U.S. District Judge Mark Walker ruled in favor of Floridians Defending Freedom, the group behind ads promoting the ballot measure, which, if passed, would enshrine abortion rights into the state constitution.
Walker’s decision keeps in place a temporary restraining order that prohibits Florida State Surgeon General Joseph Ladapo from taking any steps to intimidate or coerce broadcasters airing the commercials.
Florida Gov. Ron DeSantis holds up a 15-week abortion ban law after signing it on Apr. 14, 2022, in Kissimmee, Fla. DeSantis has waged his own state-funded campaign to block a ballot measure that would protect the right to an abortion in Florida.
John Raoux/AP
Walker’s ruling buys more time to consider a preliminary injunction requested by the abortion rights group.
Ladapo and the state’s then-top health department attorney, John Wilson, sent a letter to TV stations on Oct. 3, warning that airing the group’s ad could result in criminal prosecution.
The letter claimed the ad was “false and dangerous” and told broadcasters to pull it from their lineups.
First Amendment
The ad in question features Caroline Williams, a woman who says Florida’s restrictive abortion law—which bans most abortions after six weeks—would have prevented her from obtaining a lifesaving abortion after being diagnosed with terminal brain cancer in 2022.
Williams says that her doctors wouldn’t proceed with cancer treatment while she was still pregnant.
Judge Walker criticized state officials in his initial Oct. 18 order, asserting that the government cannot justify indirect censorship of political speech by simply labeling it as “false.”
He said, “To keep it simple for the State of Florida: it’s the First Amendment, stupid.”
Claims of Electioneering
Republican Gov. Ron DeSantis has actively opposed the proposed amendment and held a series of taxpayer-funded rallies featuring doctors and religious leaders to rally opposition.
Meanwhile, four state agencies have allocated millions of public dollars to produce ads condemning the abortion measure, as well as another proposed amendment to legalize recreational marijuana.
Critics argue that the state’s actions blur the line between governance and electioneering.
What Does Florida’s Abortion Amendment Do?
If approved by 60 percent of voters, the proposed amendment would secure the right to an abortion in Florida up to the point of fetal viability, typically around 20 weeks.
It would override current state law, which imposes a near-total ban on abortions after six weeks—often before many women even realize they’re pregnant.
This article includes reporting from The Associated Press
