FOR IMMEDIATE RELEASE
PRESS RELEASE
October 16, 2024
Contact: [email protected]
Floridians Protecting Freedom Sues Florida Officials for Unconstitutional Censorship of Political Speech
The lawsuit is a direct response to the cease-and-desist letters sent to television stations across Florida airing the ad “Caroline” in favor of Amendment 4
TALLAHASSEE – Today, in response to the Florida Department of Health’s cease and desist letter sent to television stations across the state threatening stations with criminal prosecution if they did not pull down a Yes on Amendment 4 campaign ad, Floridians Protecting Freedom (FPF) filed a lawsuit in the US District Court for the Northern District of Florida Tallahassee Division. The lawsuit was filed against Joseph A. Ladapo, in his official capacity as State Surgeon General and Head of the Florida Department of Health, and John Wilson, former General Counsel to the Florida Department of Health, in his individual capacity.
Earlier this month, the Florida Department of Health, sent a cease and desist letter to television stations threatening criminal prosecution unless they stopped broadcasting FPF’s political advertisement featuring Caroline, a mother diagnosed with terminal brain cancer, recounting her personal story and how the life-extending abortion care she received is now unavailable for women like her under Florida’s extreme abortion ban. FPF’s lawsuit argues the State of Florida is violating its First Amendment constitutional rights.
“The state of Florida’s crusade against Amendment 4 is unconstitutional government interference – full stop,” said Lauren Brenzel, Yes on 4 Campaign Director. “The State cannot coerce television stations into removing political speech from the airwaves in an attempt to keep their abortion ban in place. We will continue our campaign in the face of this blatant government interference, but we must remain focused and continue to organize our communities because the choice this November is to either keep a near-total abortion ban with no real exceptions for rape, incest, or the health of the woman OR to vote YES on Amendment 4 and limit the government from intervening with private medical decisions.”
As the complaint details, FPF’s advertisement “Caroline” is core political speech squarely protected under the First Amendment and the State’s coercion is a textbook violation of the First Amendment. The State cannot advance a favored viewpoint and silence those advancing a different political message – in fact, the First Amendment protects the people against this kind of viewpoint discrimination.
“The State’s attempts to silence me are not only disheartening, they sting and are an abuse of power,” said Caroline, the Tampa mother featured in the ad. “The choice and ability to have an abortion when I was diagnosed with terminal brain cancer, extended my life so I could spend more time with my young daughter and husband. Now, because of Florida’s abortion ban, women like me are unable to make medical decisions with their families and doctors – that’s cruel and unacceptable.”
The lawsuit, from Floridians Protecting Freedom, seeks three major remedies. First, we seek an injunction stopping the State from taking any further actions to coerce, threaten, or intimate repercussions directly or indirectly to television stations, broadcasters, or other parties for airing Plaintiff’s speech, or undertaking enforcement action against Plaintiff for running political advertisements or engaging in other speech protected under the First Amendment. Second, we seek compensatory and punitive damages for this egregious and willful violation of our First Amendment rights. Third, we are entitled to recover our attorneys’ fees.
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Yes On 4 is a citizen-led ballot initiative campaign to give Florida voters the chance to ensure the government doesn’t interfere in Floridians’ personal medical decisions. Learn more about the coalition and its work at: https://floridiansprotectingfreedom.com/