Florida broadcasters threatened with criminal charges by state agency

At least two Florida broadcast stations were sent cease and desist letters on Oct. 3, 2024, by the state’s Department of Health after airing a campaign ad to overturn the state’s six-week abortion ban.

The letters to WFLA-TV in Tampa and WCJB-TV in Gainesville threatened to bring criminal charges for “sanitary nuisance” against the outlets for airing an ad entitled “Caroline” that encouraged voters to support an amendment to enshrine abortion rights in the state constitution, according to Florida Politics. The South Florida Sun Sentinel reported that stations in Sarasota and Panama City were also targeted. The ad was being run across the state, and is believed to have been on more than 50 stations.

The letter to WFLA-TV, which was first reported by investigative journalist Jason Garcia, read: “While your company enjoys the right to broadcast political advertisements under the First Amendment of the United States Constitution and Article I, section 4 of the Florida Constitution, that right does not include free rein to disseminate false advertisement which, if believed, would likely have a detrimental effect on the lives and health of pregnant women in Florida.”

According to the letter, maintaining a sanitary nuisance is a second-degree misdemeanor. As such, it would carry a maximum of 60 days in prison, up to a $500 fine or both.

Upon hearing of the letters, attorneys representing Floridians Protecting Freedom — which sponsored the abortion rights amendment — wrote to WCJB-TV on Oct. 4 to insist that the ads continue running.

“This is not simply an instance where your station has received a baseless cease-and-desist letter in the context of a heated political campaign,” the letter read. “This is not just an unfounded request, it is unconstitutional state action. The Letter is a textbook example of government coercion that violates the First Amendment.”

Jessica Rosenworcel, the chair of the Federal Communications Commission, decried the letters and said that the stations should not be intimidated for airing political ads.

“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.”

Freedom of the Press Foundation, of which the U.S. Press Freedom Tracker is a project, condemned the letters in a statement, calling them the latest effort from Florida Gov. Ron DeSantis to “censor free speech and punish dissent.”

“A governor who is confident in his policies and secure in his leadership would welcome debate and correct statements he believes are misleading rather than trying to weaponize trash disposal laws against the free press,” wrote Director of Advocacy Seth Stern. “But DeSantis is not that governor. His administration’s conduct would be silly if it weren’t such a transparent bully tactic.”

The Florida Department of Health did not respond to a request for comment. According to The Washington Post, both broadcast stations were continuing to air the ads as of Oct. 9.