Florida Gov. Ron DeSantis is threatening to criminally prosecute Florida television stations that have run an pro-choice ad, The Miami Herald reported on Tuesday.
The ad features a woman who was diagnosed with brain cancer while pregnant with her second child and would’ve lost her baby had she not gotten an abortion. She advocates for a November ballot initiative, Amendment 4, that would expand abortion access in the state.
“Florida has now banned abortion, even in cases like mine. Amendment 4 is going to protect women like me,” she says in the ad.
On Oct. 3, Florida’s Department of Health sent a letter to at least one local television station threatening criminal charges for airing the ad, journalist Jason Garcia first reported. The letter says the ad is “dangerous” and may confuse pregnant women seeking life-saving care, making it a “sanitary nuisance” in violation of state law.
Though companies have the right to air political advertisements under the First Amendment, the letter states “that right does not include free rein to disseminate false advertisements, which if believed, would likely have a detrimental effect on the lives and health of pregnant women in Florida.”
U.S. Federal Communications Chair Jessica Rosenworcel slammed DeSantis’ attempted censorship
"The right of broadcasters to speak freely is rooted in the First Amendment," Rosenworcel said in a statement. "Threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech."
After the overturning of Roe v. Wade in 2022, Florida enacted a 15-week abortion ban, making it somewhat of a refuge for abortion-seekers in the south coming from states with near-total abortion bans. But in May 2024, DeSantis’ administration made it a felony to perform or participate in an abortion six weeks after gestation.
Amendment 4, the ballot initiative being advertised, would provide a constitutional right to abortion “before viability” and when "necessary to protect the patient's health, as determined by the patient's healthcare provider."
DeSantis has thrown all his political power into fighting Amendment 4, which includes a tax-payer funded website against the bill and an investigation into signers of the bill’s petition.
Floridians will vote on Amendment 4 when they head to the polls on Nov. 5.
