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‘It’s the First Amendment, stupid:’ US judge blocks Florida from threatening TV stations over Amendment 4 ad

Judge called threats ‘viewpoint discrimination’

FILE - Florida Surgeon Gen. Dr. Joseph A. Ladapo, left, speaks at a news conference with Florida Gov. Ron DeSantis, right, Monday, Jan. 3, 2022, at Broward Health Medical Center in Fort Lauderdale, Fla. (AP Photo/Wilfredo Lee, File) (Wilfredo Lee, Copyright 2022 The Associated Press. All rights reserved) (Wilfredo Lee, Wilfredo Lee, Copyright 2022 The Associated Press. All rights reserved.)

The Florida Department of Health is barred from going after local television stations for airing a pro-abortion rights ad, according to our partners at WJXT in Jacksonville.

A federal judge sided with stations after the surgeon general threatened to bring criminal charges against broadcasters.

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And the judge didn’t mince words.

“To keep it simple for the state of Florida: It’s the First Amendment, stupid,” Chief U.S. District Judge Mark E. Walker of the Northern District of Florida wrote on Thursday as he granted a restraining order against the surgeon general. You can read the order below.

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The case stems from a 30-second ad by the group Floridians Protecting Freedom, which is the group behind Amendment 4.

The ad features a brain cancer survivor named Caroline.

“If I did not end my pregnancy, I would lose my baby, lose my life and my daughter would lose her mom,” she said in the ad.

The state health department said the ad’s claims are “false” and “dangerous” to the public health.

Stations across the state aired the ad and the Health Department’s general counsel responded by sending out cease-and-desist letters.

Floridians Protecting Freedom then filed a lawsuit asking the court to keep the state from following through on threats to sue.

The judge ruled the health department’s threats were “viewpoint discrimination.”

He said there was “a substantial likelihood of proving an ongoing violation of its First Amendment rights through the threatened direct penalization of its political speech.”

The judge’s order is valid through Oct. 29, which is a week before election day. A preliminary hearing will be held that day in Tallahassee.

That ruling keeps Florida’s surgeon general from going after local stations for airing the Amendment 4 ad.

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About the Author
Chris Will headshot

Chris Will has joined the News4JAX team as a weekend morning reporter, after graduating from the University of Florida in spring 2024. During his time in Gainesville, he covered a wide range of stories across the Sunshine State. His coverage of Hurricane Ian in southwest Florida earned a National Edward R. Murrow Award.

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