A federal judge has dismissed a lawsuit filed by a political committee after state officials threatened TV stations airing an ad in support of 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, Floridians Protecting Freedom, 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 the ad constituted a public “health nuisance.”
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The ad, titled “Caroline,” featured a woman recounting her decision to have an abortion after being diagnosed with brain cancer at 18 weeks pregnant. The woman stated that continuing the pregnancy would have endangered her life, adding, “Florida has now banned abortion even in cases like mine.”
The ad referenced Florida’s controversial law, signed by Governor Ron DeSantis and the Republican-controlled Legislature, which bans most abortions after six weeks of pregnancy. The measure was aimed at defeating Amendment 4, the 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, following the election, Walker denied the committee’s request for a preliminary injunction, citing insufficient evidence of ongoing or imminent enforcement action against broadcasters.
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In his ruling, Walker wrote, “The plaintiff has identified no evidence in this record demonstrating that television broadcasters will continue to be unconstitutionally coerced, nor that plaintiff faces an imminent threat of enforcement action for any other pro-Amendment 4 speech it may engage in after the election.” He also noted the absence of plans for future ads likely to trigger similar enforcement actions.
The case’s dismissal brings an end to the legal battle surrounding the controversial ad and the broader fight over abortion rights in Florida, which remains a contentious issue in the state.
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