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“To keep it simple for the State of Florida: it’s the First Amendment, stupid.” Yes, in the strange carnival of political theater that is the Sunshine State, a federal judge just threw a righteous tangle of legal spaghetti at the wall, and it stuck.
Judge Mark E. Walker, perhaps seeking a role in the next judicial action movie, ruled that Florida’s health department would need a bit more than a cease-and-desist letter to shut down local TV stations airing ads advocating for abortion rights. After all, it’s not like freedom of speech is just a suggestion, right?
This controversy concerns a cheeky little campaign ad from the group Floridians Protecting Freedom. They’re all about the “Yes on 4 Campaign,” which aims to flip the bird to Florida’s draconian six-week abortion ban and instead etch abortion rights into the state constitution like it’s a high school graduation message.
The 30-second ad features Caroline, a brain cancer survivor, who is willing to show her cards and roll the dice on life by sharing how the state law might have snatched her near-impossible chance at survival, proclaiming, “Florida has now banned abortions, even in cases like mine.” Cue the dramatic musical score!
Meanwhile, the health department has taken a staunch stance. They claimed that the ad’s assertions are as “false” as a two-dollar bill and “dangerous” to public health. Guess someone’s read the latest health brochure on emotional wellness and decided to shoot for a dramatic narrative instead.
John Wilson, the health department’s general counsel, sent cease-and-desist letters like they were candy on Halloween, hoping to spook the broadcasters into submission. But rather than trick or treat, the stations opted to trick Wilson back by filing a lawsuit, claiming they were being bullied like a kid in a schoolyard.
Spoiler alert: the judge saw right through Wilson’s threats, labeling them “viewpoint discrimination.” Instead of sending Wilson to his room without dessert, Walker put his foot down and said the state better back off from its unconstitutional tango.
Oh, and just to add a dash of irony on top of this legal cake, Wilson decided to pack his bags and resign shortly after the judge put down the gavel. “A man is nothing without his conscience,” he wisely penned before retreating, leaving us wondering why he didn’t listen to it before sending those letters in the first place.
The health department remains steadfast, declaring that the abortion rights ad is unequivocally false and “detrimental to public health in Florida.” Sounds an awful lot like a “no girls allowed” sign on a high school bathroom door, but hey, who are we to judge?
Naturally, some medical experts see through the smoke and mirrors of this absurd drama. The nonprofit group Physicians for Human Rights warned that “Florida’s extreme abortion ban has created an unworkable legal landscape that endangers both patients and clinicians.” It’s less like a tightrope walk and more like a high-speed chase through an obstacle course—with flaming hoops and no safety net.
One CBS affiliate, shaken perhaps by the state’s icy threats, decided to immediately remove the controversial ad from its lineup, proving once again that when it comes to big government vs. local media, the latter tends to know when to fold ‘em.
Thankfully, the broadcasters have found allies in some unexpected corners, including Jessica Rosenworcel, the Democratic chair of the FCC. She spoke out, saying that “threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech.” A little late to the party, but hey, at least someone brought snacks.
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