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Skip to main contentSkip to navigationClose dialogue1/1Next imagePrevious imageToggle captionSkip to navigationPrint subscriptionsNewsletters Sign inUSUS editionUK editionAustralia editionEurope editionInternational editionThe Guardian - Back to homeThe GuardianNewsOpinionSportCultureLifestyleShow moreHide expanded menuNewsView all NewsUS newsUS politicsWorld newsClimate crisisMiddle EastUkraineSoccerBusinessEnvironmentTechScienceNewslettersWellnessOpinionView all OpinionThe Guardian viewColumnistsLettersOpinion videosCartoonsSportView all SportSoccerNFLTennisMLBMLSNBAWNBANHLF1GolfCultureView all CultureFilmBooksMusicArt & designTV & radioStageClassicalGamesLifestyleView all LifestyleWellnessFashionFoodRecipesLove & sexHome & gardenHealth & fitnessFamilyTravelMoneySearch input google-search SearchSupport usPrint subscriptionsNewslettersDownload the appSearch jobsDigital ArchiveGuardian LicensingAbout UsThe Guardian appVideoPodcastsPicturesInside the GuardianGuardian WeeklyCrosswordsWordiplyCorrectionsSearch input google-search SearchSearch jobsDigital ArchiveGuardian LicensingAbout UsUSUS politicsWorldClimate crisisMiddle EastUkraineSoccerBusinessEnvironmentTechScienceNewslettersWellness Abortion rights supporters protest in Fort Lauderdale, Florida, on 13 July 2024. Photograph: John Parra/Getty Images for MoveOnView image in fullscreenAbortion rights supporters protest in Fort Lauderdale, Florida, on 13 July 2024. Photograph: John Parra/Getty Images for MoveOnFlorida This article is more than 4 months oldJudge slaps down Florida effort to ban abortion ad: ‘It’s the first amendment, stupid’This article is more than 4 months oldState health department sent letter to stations demanding they not air TV ad backing abortion access ballot measure

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Carter ShermanFri 18 Oct 2024 11.03 EDTLast modified on Fri 18 Oct 2024 12.22 EDTShareFlorida’s health department can’t block a TV advertisement in support of a ballot measure that would protect abortion rights, a federal judge ruled on Thursday, after the department sent letters to local TV stations commanding them to stop airing the ad or risk criminal consequences.“The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is ‘false’,” US district judge Mark E Walker wrote in his ruling. “To keep it simple for the State of Florida: it’s the First Amendment, stupid.”Florida is one of 10 states set to vote on abortion-related ballot measures in November. If enacted, Florida’s measure would enshrine abortion rights into the state constitution and roll back the state’s six-week ban on the procedure, which took effect in May.Earlier this month, Florida’s health department sent cease-and-desist letters to TV stations running an ad by Floridians Protecting Freedom, the campaign behind the measure. In the ad, a woman named Caroline speaks about being diagnosed with cancer while pregnant.“The doctors knew if I did not end my pregnancy, I would lose my baby, I would lose my life and my daughter would lose her mom,” Caroline says in the ad. “Florida has now banned abortion even in cases like mine.”Texas man drops lawsuit against women accused of helping ex-wife get abortionRead moreThe letters said the claim that women can’t get life-saving abortions in Florida was “categorically false”, since Florida’s ban permits abortions in medical emergencies. “The fact is these ads are unequivocally false and detrimental to public health in Florida,” Jae Williams, the Florida department of health communications director, said in an email late on Thursday.However, doctors across the country have said abortion bans are worded so vaguely as to force them to deny people medically necessary abortions. A New York doctor recently said that she had treated a woman with an ectopic pregnancy – which is nonviable and potentially life-threatening if left untreated – who had been turned away from a Florida hospital.In response to the letters, Floridians Protecting Freedom sued the Florida surgeon general, Joseph Ladapo, and John Wilson, the former general counsel for the state health department. At least one TV station stopped airing the ad, the coalition’s lawsuit alleged.On Thursday, Walker granted a temporary restraining order blocking Ladapo from taking any further action against broadcasters or other media outlets that might air ads by Floridians Protecting Freedom.skip past newsletter promotionSign up to Headlines USFree newsletterGet the most important US headlines and highlights emailed direct to you every morningEnter your email address Sign upPrivacy Notice: Newsletters may contain info about charities, online ads, and content funded by outside parties. For more information see our Privacy Policy. We use Google reCaptcha to protect our website and the Google Privacy Policy and Terms of Service apply.after newsletter promotion“Of course, the surgeon general of Florida has the right to advocate for his own position on a ballot measure,” Walker wrote. “But it would subvert the rule of law to permit the state to transform its own advocacy into the direct suppression of protected political speech.”Over the last several weeks, Florida’s government, run by Ron DeSantis, the Republican governor, has sent law enforcement officials to investigate people who signed a petition to get the measure on the ballot, set up a webpage urging people not to vote for it, and issued a report suggesting the measure got on the ballot due to “a large number of forged signatures or fraudulent petitions”. Floridians Protecting Freedom has denied wrongdoing.Anti-abortion activists have since filed a lawsuit to remove the measure from the ballot or nullify votes cast for it.Explore more on these topicsFloridaAbortionUS constitution and civil libertiesReproductive rightsWomen's healthUS politicsnewsShareReuse this contentMost viewedMost viewedUSUS politicsWorldClimate crisisMiddle EastUkraineSoccerBusinessEnvironmentTechScienceNewslettersWellnessNewsOpinionSportCultureLifestyleOriginal reporting and incisive analysis, direct from the Guardian every morningSign up for our emailAbout usHelpComplaints & correctionsSecureDropWork for us Privacy policyCookie policyTerms & conditionsContact usAll topicsAll writersDigital newspaper archiveTax strategyFacebookYouTubeInstagramLinkedInNewslettersAdvertise with usGuardian LabsSearch jobsBack to top© 2025 Guardian News & Media Limited or its affiliated companies. All rights reserved. (dcr)


I am surprised by the judge's statement, but thankful that somebody finally said it out loud!