A federal judge has dismissed a lawsuit filed by the political committee Floridians Protecting Freedom after state officials threatened TV stations airing an ad supporting a ballot measure to enshrine abortion rights in Florida’s Constitution. Chief U.S. District Judge Mark Walker issued the dismissal order on Tuesday after the committee decided to drop the case.
The lawsuit, filed in October, sought a temporary restraining order and preliminary injunction against the Florida Department of Health, which had sent letters to broadcasters claiming that the ad in question constituted a public “health nuisance.”
The ad, titled “Caroline,” featured a woman sharing her experience of having an abortion after being diagnosed with brain cancer at 18 weeks pregnant. She explained that continuing the pregnancy would have endangered her life and highlighted that Florida had banned abortions even in cases like hers.
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The ad was in reference to Florida’s controversial law, signed by Governor Ron DeSantis and the Republican-controlled Legislature, which bans most abortions after six weeks of pregnancy. The ad was aimed at opposing Amendment 4, a proposed constitutional amendment on the November 5 ballot. The amendment ultimately failed to pass.
In October, Judge Walker granted a temporary restraining order, agreeing with Floridians Protecting Freedom’s argument that the Department of Health’s letters violated First Amendment protections. However, after the election, Walker denied the committee’s request for a preliminary injunction, citing insufficient evidence of ongoing or imminent enforcement action against broadcasters.
In his ruling, Walker wrote that the committee had not provided evidence showing that television broadcasters would continue to be coerced or that the committee faced an imminent threat of enforcement for engaging in future pro-Amendment 4 speech. He also noted that no future ads were planned that would trigger similar enforcement actions.
With the case now dismissed, the legal battle over the controversial ad and the broader debate surrounding abortion rights in Florida comes to an end, though the issue remains highly contentious in the state.
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