TV stations were not threatened by DeSantis administration over pro-abortion ads.
The First Amendment protects political speech as a fundamental right.
On Thursday, a Florida district judge issued a temporary restraining order, preventing the state government from taking legal action against television stations due to pro-abortion advertisements.
The pro-abortion group Floridians Protecting Freedom filed a lawsuit against Florida Surgeon General Joseph Ladapo and former general counsel to the Florida Department of Health John Wilson earlier this week, seeking to end the state's 6-week abortion ban through the Amendment 4 Right to Abortion Initiative.
The language of Amendment 4 prohibits any law from restricting or delaying abortion before viability or when necessary to protect the patient's health, as determined by their healthcare provider.
The suit was prompted by the Florida Department of Health's letters to TV stations, stating that pro-abortion ads were "false" and "dangerous." The department demanded the ads be removed within 24 hours or legal action would be taken.
The First Amendment right of Floridians Protecting Freedom to run political advertisements in support of the proposed amendment was violated, according to their argument.
In the order, District Judge Mark E. Walker stated that although Defendant Ladapo refuses to acknowledge this basic truth, the Plaintiff's political advertisement is protected as speech under the First Amendment.
The government cannot justify its indirect censorship of political speech by claiming that the disfavored speech is false. As Walker stated, 'The First Amendment's purpose is to prevent public authorities from controlling the public's thoughts through regulation of the press, speech, and religion,' quoting a U.S. Supreme Court opinion.
"Jae Williams, communications director for the Florida Department of Health, stated in a Planet Chronicle Digital interview that the ads are undeniably false and harmful to public health in Florida. He emphasized that the media is ignoring the truth that Florida's heartbeat protection law safeguards the life of a mother and provides exceptions for victims of rape, incest, and human trafficking."
The order was a victory for every Floridian who supports democracy and the protection of the First Amendment, according to Lauren Brenzel, campaign director of Yes on 4.
"The court has confirmed what we have long known: the government cannot suppress the truth about Florida's extreme abortion ban, which is a lethal ban that endangers women's lives. This decision serves as a potent reminder that Floridians will not be intimidated by the government."
Florida's heartbeat protection law safeguards the life of a mother and offers exceptions for victims of rape, incest, and human trafficking, as stated by Gov. Ron DeSantis' deputy press secretary Julia Friedland in a statement to Planet Chronicle Digital. Despite the excitement generated by the most overturned judge on the district court issuing another order, the current stories fail to address the core issue: the ads are unquestionably false and endanger the lives and health of pregnant women.
The order is set to expire on Oct. 29.
In an interview with Planet Chronicle, former President Donald Trump characterized Florida's proposed amendment as "radical" but also expressed his belief that the state's six-week abortion ban is too short.
""I disagreed with the idea of six weeks being enough time when I first heard about it, and I still disagree with it now. The Democrats are radical because the nine months is an unrealistic situation," Trump said in an interview with Planet Chronicle in August."
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