DeSantis escalates legal fight against Amendment 4 abortion ads, leveraging state resources in opposition

TALLAHASSEE, Fla. — Gov. Ron DeSantis and his administration have escalated their fight against a proposed amendment aimed at enshrining abortion rights in Florida’s Constitution, using unprecedented state resources and legal maneuvers to oppose both Amendment 4 and disputing claims made by a television ad supporting the measure.

READ: ‘He’s staking his reputation on it:’ DeSantis hits the trail to campaign against abortion amendment

On Tuesday, attorneys representing the DeSantis administration accused the group backing Amendment 4, Floridians Protecting Freedom, of spreading false information about the state’s six-week abortion ban. This accusation came after the political committee sponsoring the amendment filed a lawsuit in response to the Department of Health’s warning letters sent to Florida TV stations airing the ad, which labeled the pro-Amendment 4 advertising as false and “dangerous.”

The legal battle escalated last week when U.S. District Judge Mark Walker issued a temporary restraining order last week, preventing state officials from taking action against broadcasters airing the ad titled “Caroline.”

Judge Walker stated, “To put it plainly for the state of Florida, it’s the First Amendment, stupid.”

The 30-second TV ad in question tells the story of a woman diagnosed with terminal brain cancer at 18 weeks pregnant, who had an abortion because doctors said treatment was not possible while she was pregnant under current state law. The ad argues that Florida’s law, which bans nearly all abortions after six weeks, would prevent women in similar situations from receiving necessary medical care.

Below is the Yes On 4 TV ad, viewers may watch it at their discretion:

In response, the state’s lawyers argued that the ad is deceptive, stating that Florida’s law has provisions for abortions if necessary to save the life of the mother. They argued that Floridians Protecting Freedom has no constitutional right to “spread false information” and accused the group of “fear-mongering.”

“The Constitution does not grant individuals a right to spread false information about the availability of lifesaving medical services,” attorneys from the D.C.-based firm Cooper & Kirk, representing the administration, stated in court filings.

Adding to the controversy, the Florida Department of Health has hired Cooper & Kirk under a $200,000 contract to represent the state in this lawsuit. Meanwhile, former Department of Health General Counsel John Wilson, who had signed the letters to TV stations, resigned last week. Wilson in an affidavit released Monday claimed he had been mandated to send the letters by top legal advisors in DeSantis’ administration, but chose to step down instead of complying with further directives.

“A man is nothing without his conscience. It has become clear in recent days that I cannot join you on the road that lies before the agency,” Wilson wrote in his resignation letter.

READ: Gov. DeSantis’ legal battle against abortion rights TV ads escalates as former health official resigns

Beyond the legal skirmish over the ad, DeSantis and his administration have leveraged state government in unprecedented ways to oppose both Amendment 4 and another ballot measure, Amendment 3, which would legalize recreational marijuana for those 21 and older.

Starting on October 21, DeSantis and a team of doctors held press conferences across the state, urging voters to reject Amendment 4, claiming it would “repeal parental consent requirements for minors seeking abortions,” “virtually repeal all limitations on late-term abortions,” and “allow unlicensed physicians to perform the procedures.”

Additionally, the DeSantis administration has aired numerous attack ads directly opposing the amendments, created several webpages urging voters to reject the abortion and recreational marijuana measures, and pushed for a scathing financial impact statement that appears below Amendment 4 on the ballot. Furthermore, the Department of State’s Office of Election Crimes and Security released a report accusing petition gatherers for the abortion initiative of fraud, a claim that the proposal’s opponents have leveraged in lawsuits seeking to block the amendment.

In defense, Floridians Protecting Freedom argues that the state’s actions, including the letters to TV stations, represent an unconstitutional attempt to stifle free speech and censor pro-choice messaging. The group claims that at least one broadcaster pulled the ad due to the state’s threats, although the administration disputes this assertion in its latest court filing.

Meanwhile, Florida doctors in support of the amendment held news conferences on Tuesday, warning that the current six-week abortion restriction endangers women’s lives. Tampa obstetrician Dr. Samantha Baer explained in a press call that the law forces doctors to delay care for pregnant patients until their conditions become life-threatening, out of fear of legal repercussions.

She and other representatives argued that the law’s complex requirements, including certifications from multiple physicians, create extensive delays that can have devastating consequences for patients.

READ: DeSantis using state money, time and his power to fight abortion rights measure

“Patients are not being provided care until they are on the brink of death, even if we put them at risk of life-threatening infection,” Baer said, stressing the dangers posed by the law to Florida women’s health and future fertility.

As the legal and political battle over Amendment 4 continues to escalate, all eyes are on the courts and the November ballot, where Florida voters will ultimately have the final say. Under Florida law, each amendment requires a supermajority of 60% to pass, making every vote critical in determining the state’s direction.

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