Florida judge upholds First Amendment rights of pro-choice group
Obama appointee held that government could classify any speech as unacceptable under its justification
A federal judge issued a temporary restraining order that upholds the First Amendment rights of an abortion rights group that had been advertising in support of its ballot initiative.
The lawsuit had been filed by Floridians Protecting Freedom (FPF) in response to the FL government’s cease and desist letter that had been sent to FL TV stations across the state, threatening stations to pull down Yes on 4’s political ad featuring Caroline, a mother who shared her harrowing story about receiving life-extending abortion care. The advertisement had been deemed a “sanitary nuisance,” a term connected with false advertising, which the Florida government gave as a reason to justify its action.
“If the State can re-brand rank viewpoint discriminatory suppression of political speech as a “sanitary nuisance,” then any political viewpoint with which the State disagrees is fair game for censorship,” Judge Mark E. Walker said.
Walker is an Obama appointee.
The letter the state sent argued that women would leave the state to get abortion care when they could get it in the state under the law’s exceptions for life-saving care. Shortly after that, the department and Gov. Ron DeSantis received a stern rebuke from Jessica Rosenworcel, the chairwoman of the Federal Communications Commission, which oversees broadcasting at the highest level of government. She said that it violated the stations' First Amendment rights.
In their lawsuit, Floridians Protecting Freedom had argued that their advertisement “Caroline” is core political speech squarely protected under the First Amendment and the State’s coercion is a textbook violation of the First Amendment. Lauren Brenzel, campaign director for Yes on 4, said it was a critical initial victory.
“The court has affirmed what we’ve known all along: the government cannot silence the truth about Florida’s extreme abortion ban,” Brenzel said. “It’s a deadly ban that puts women’s lives at risk. This ruling is a powerful reminder that Floridians will not back down in the face of government intimidation.”