Chief U.S. District Judge Mark Walker extended last week a restraining order blocking Florida state officials from taking action against TV stations running a contentious ad in support of Amendment 4, a proposal to protect abortion rights that appears on the November 5 ballot.
The ad, sponsored by the Floridians Protecting Freedom committee, came under fire after the state Department of Health issued letters warning broadcasters that airing the ad could constitute a public “health nuisance.” In response, the committee filed for a temporary restraining order and preliminary injunction, arguing that such threats infringed on First Amendment rights.
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On October 17, Judge Walker initially granted the restraining order, blocking any state action against broadcasters and has now extended it to allow more time to deliberate on issues raised in a hearing earlier this week.
Attorney Brian Barnes, representing the state, argued that the ad posed risks comparable to a hypothetical scenario where a political ad falsely claimed all 911 operators had been fired, potentially sparking a public health crisis.
“The state must be allowed to intervene to prevent a public health crisis,” said Barnes.
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Floridians Protecting Freedom’s attorney, Ben Stafford, countered that the restraining order is crucial to prevent any punitive measures after the election, citing concerns about potential “coercive threats” from the administration.
Judge Walker’s original restraining order described the ad as “political speech — speech at the core of the First Amendment,” adding that the state “cannot excuse its indirect censorship of political speech by simply declaring the disfavored speech is ‘false.’”
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