Incident Details
- Date of Incident
- October 3, 2024
A portion of a cease and desist letter sent Oct. 3 to Florida broadcaster WFLA-TV by the state’s Department of Health threatening criminal charges if the station continued to air a political ad in support of reproductive rights.
Judge ends restraining order over Florida abortion ban ads
A federal judge ended a restraining order against Florida Surgeon General Joseph Ladapo on Nov. 6, 2024, that had prevented him from threatening broadcasters with criminal charges for airing an ad to overturn the state’s abortion ban.
Advocacy group Floridians Protecting Freedom began placing the ad on television stations around Florida on Oct. 1. Two days later, Florida’s Department of Health sent multiple broadcast stations, including WFLA-TV in Tampa, WCJB-TV in Gainesville and WINK-TV in Fort Myers, cease and desist letters threatening them with criminal charges for “sanitary nuisance” and alleging that the ad made false claims.
On Oct. 16, the group filed a lawsuit in federal court against Ladapo and the department’s General Counsel John Wilson, who had signed the letters. The next day, the judge granted the group’s request for a temporary restraining order preventing Ladapo from taking any action to prevent the ads from being aired, ruling that the state’s actions constituted viewpoint discrimination and suppression of protected speech.
Wilson, meanwhile, resigned from his position days after issuing the letters and, on Oct. 21, Floridians Protecting Freedom dismissed him as a defendant from its suit. In an affidavit accompanying the notice of dismissal, Wilson wrote that he was directed to send the letters by Gov. Ron DeSantis’ office and resigned his position rather than comply with orders to send more.
Floridians Protecting Freedom had also requested a preliminary injunction against Ladapo, for after the temporary restraining order expired and in the event of future threats against speech in favor of the amendment. But the court ruled Nov. 6 that the plaintiff’s request was moot, as Election Day had passed and the amendment to overturn the six-week abortion ban had been defeated.
Judge says Florida can’t threaten TV stations for airing ad about abortion ban
A federal judge issued a temporary restraining order on Oct. 17, 2024, barring Florida’s surgeon general from threatening broadcasters with criminal charges for airing a campaign ad to overturn the state’s six-week abortion ban, according to court documents reviewed by the U.S. Press Freedom Tracker.
Florida broadcast stations including WFLA-TV in Tampa, WCJB-TV in Gainesville and WINK-TV in Fort Myers were sent cease and desist letters on Oct. 3 by the state’s Department of Health.
The letters, signed by the department’s General Counsel John Wilson, who has since stepped down, threatened to bring criminal charges for “sanitary nuisance” against the outlets for airing the ad, which he said made false claims.
The ad, encouraging voters to support an amendment sponsored by advocacy group Floridians Protecting Freedom to enshrine abortion rights in the state constitution, has been run across the state.
Attorneys representing Floridian Protecting Freedom wrote to WCJB-TV on Oct. 4 to insist that the ads continue running and argue that the cease and desist letters violated the First Amendment.
Days later, Wilson resigned from his position, the Tampa Bay Times reported, writing in his resignation letter, “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, according to the Times, but did not provide more specific details about his motivation for leaving.
On Oct. 16, Floridians Protecting Freedom filed a lawsuit in federal court against Wilson and the state’s surgeon general, Joseph Ladapo, and an emergency motion for a temporary restraining order preventing Ladapo from taking any action to prevent the ads from being aired. It pointed to WINK-TV having taken the ad off the air as evidence of the coercive effect of the state’s letters.
In his order granting the temporary restraining order the next day, Chief U.S. District Judge Mark E. Walker ruled that the state’s actions constituted viewpoint discrimination and suppression of protected speech.
“To keep it simple for the State of Florida: it’s the First Amendment, stupid,” Walker wrote. “The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is ‘false.’”
The restraining order expires Oct. 29. A hearing on the plaintiff’s request for a preliminary injunction against Ladapo will be held that day.
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.
The U.S. Press Freedom Tracker catalogues press freedom violations in the United States. Email tips to [email protected].
