As Floridians cast their votes by mail ahead of the November 5 election, a heated legal battle over Amendment 4, which would enshrine abortion rights in the state constitution, continues to escalate.
On Thursday, a federal judge sided with supporters of the measure, who had filed a lawsuit alleging that the state violated the First Amendment by threatening television stations airing an ad supporting Amendment 4. The lawsuit, brought by Floridians Protecting Freedom, sought an emergency order to prevent Governor Ron DeSantis’ administration from intimidating broadcasters over the ad.
READ: WINK News Pulls Florida Pro-Amendment 4 Ad For Misleading Claims
U.S. District Judge Mark Walker granted a temporary restraining order prohibiting state officials from taking any enforcement action against the group for airing the ad. The restraining order will expire after an October 29 hearing, during which the judge will consider a longer-term injunction.
The legal wrangling comes amid a fierce political fight over Amendment 4, a citizen-initiated measure that would legalize abortion in Florida up to the point of fetal viability, typically around 24 weeks. The DeSantis administration has been vocal in its opposition, after signing a law last year that largely bans abortions after six weeks.
Earlier this month, the Florida Department of Health sent letters to TV stations urging them to stop running an ad by Floridians Protecting Freedom, claiming it contained false and “dangerous” information. The ad featured a woman named Caroline, who had an abortion after being diagnosed with terminal brain cancer while 18 weeks pregnant. The ad argued that Florida’s six-week abortion law would prevent similar life-saving procedures.
READ: Six Constitutional Amendments On Florida’s November 5 Ballot: What You Need To Know
The Department of Health disputed this, pointing to exceptions in the law for life-threatening situations. However, Judge Walker ruled that the ad is protected political speech under the First Amendment, and criticized the state’s attempt to suppress it by branding it a “sanitary nuisance.”
In addition to legal maneuvers targeting the ad, the DeSantis administration has ramped up efforts to oppose Amendment 4, including airing public service announcements urging a “no” vote and launching a webpage warning against the proposal. Meanwhile, a separate state report accused some signature gatherers for the ballot initiative of fraud, which opponents have used in lawsuits seeking to invalidate the amendment’s placement on the ballot.
Floridians Protecting Freedom Campaign Director Lauren Brenzel condemned the legal challenges as an “anti-democratic effort” to prevent voters from deciding on abortion rights. She maintained that the campaign has complied with state laws throughout the process.
With the November 5 election fast approaching, the fate of Amendment 4 remains in the balance as both sides prepare for an intense legal and political showdown.
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