A federal judge ruled on Thursday that the administration of Gov. Ron DeSantis of Florida must cease ‘threatening’ television stations with criminal prosecution for airing a political ad in support of codifying abortion rights in the state’s Constitution.
In a provisional restraining order, Judge Mark E. Walker of the Federal District Court in Tallahassee determined that the Florida Department of Health’s threats to stations throughout the state were likely the result of “unconstitutional coercion” and “viewpoint discrimination.”
Following a lawsuit filed by Floridians Protecting Freedom, the organization responsible for the campaign for Amendment 4, an abortion-rights ballot measure, on Wednesday, the order was issued following an emergency hearing on Thursday.
This month, the health department of the state issued a cease-and-desist letter to numerous television stations, requesting that they discontinue the broadcast of an advertisement titled “Caroline” as part of the “Yes on 4” campaign.
She discusses her diagnosis of stage four brain cancer at the age of 20 weeks while expectant.
Mr. DeSantis has pledged to defeat Amendment 4 and has employed the state’s power to oppose the measure, resulting in numerous legal challenges. In previous instances, the courts had declined to intervene.
The campaign is requesting a preliminary injunction against the state. A hearing has been scheduled by Judge Walker for October 29.
A separate lawsuit, submitted by opponents of Amendment 4 and seeking to remove the measure from the ballot, is currently pending in state court.
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