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

TALLAHASSEE, Fla. — Supporters of a proposed constitutional amendment to protect abortion rights in Florida asked a federal judge on Monday to dismiss the former general counsel of the Florida Department of Health from a legal dispute over efforts by Gov. Ron DeSantis’ administration to halt TV ads backing the measure.

However, the DeSantis administration remains defiant in stopping the pro-choice rhetoric.

RELATED: Florida judge rejects attempt to block AHCA’s anti-Amendment 4 messaging

The controversy erupted earlier this month when the Florida Department of Health sent letters to TV stations, urging them to stop airing an ad sponsored by Floridians Protecting Freedom, the group behind the proposal. The letters, signed by then-general counsel John Wilson, alleged the pro-Amendment 4 ad contained false and “dangerous” information and threatened legal action, including injunctions or criminal prosecution.

Chief U.S. District Judge Mark Walker sided with the group, granting a temporary restraining order last week that blocked the DeSantis administration from “taking any further actions to coerce, threaten, or intimidate” TV stations or other entities airing the ads.

Wilson resigned from his position on Oct. 10 amid the legal battle. In an affidavit filed Monday, Wilson stated that he neither wrote nor approved the letters that bore his signature. He reportedly said he was ordered to send the letters on behalf of the state health agency by DeSantis’ general counsel Ryan Newman and deputy general counsel Jed Doty.

Wilson said he resigned “in lieu of complying with directives from Newman and Doty to send out further correspondence to the media outlets.”

Floridians Protecting Freedom included Wilson’s affidavit in its motion to remove him as a defendant in the ongoing lawsuit.

Meanwhile, DeSantis’ administration remains openly defiant. Deputy press secretary Julia Friedland called the targeted ads “unequivocally false.”

“These current stories all look past the core issue — the ads are unequivocally false and put the lives and health of pregnant women at risk,” Friedland said in an email. She added that Florida’s six-week abortion law “always protects the life of a mother and includes exceptions for victims of rape, incest, and human trafficking.”

The 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. The ad argues that Florida’s law, which bans almost all abortions after six weeks, would prevent women in such situations from receiving care.

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

The Department of Health’s letter disputed this claim, stating the law includes exceptions for cases where abortion is necessary to save a pregnant woman’s life or to prevent serious physical harm.

In his ruling, Judge Walker rebuked the state for attempting to censor political speech. “The DeSantis administration cannot excuse its indirect censorship of political speech by simply declaring the disfavored speech is ‘false,’” Walker wrote. He emphasized that the ad is political speech and thus protected by the First Amendment.

The lawsuit is part of a broader battle over Amendment 4, which would enshrine abortion rights in the Florida Constitution. The proposal has become a major political flashpoint, with DeSantis and his allies staunchly opposing the measure. At a press conference Monday, the governor described the amendment as “very, very extreme.”

“It would make Florida one of the most radical abortion jurisdictions, not just in the United States, but anywhere in the world, if this were to pass,” DeSantis said.

Amendment 4, set to appear on the November 2024 ballot, seeks to ensure that no law could “prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”

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

Floridians Protecting Freedom began the initiative after DeSantis signed a law banning most abortions after six weeks of pregnancy. His administration has actively campaigned against the amendment, including paying for public service announcements urging voters to reject it and launching a webpage warning against the measure.

Additionally, the Florida Department of State’s Office of Election Crimes and Security released a report alleging fraud in the petition-gathering process for the proposal. That report has been cited by opponents in lawsuits filed across the state seeking to invalidate the amendment.

Judge Walker is scheduled to hold a hearing on Oct. 29 regarding the committee’s request for a preliminary injunction.

READ: What’s on Florida’s 2024 ballot?: A complete guide to the six proposed state amendments

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