Gabrielle Russon
The political committee supporting Amendment 4 worries about the political pressure coming down from Gov. Ron DeSantis after the state threatened TV stations with criminal prosecution for playing pro-abortion rights commercials.
The Department of Health has hired two law firms to follow up on the state’s threats, said Sara Latshaw, the chair of Floridians Protecting Freedom (FPF), in an affidavit filed Friday in FPF’s First Amendment lawsuit in federal court.
“FPF now reviews external communications with an eye towards the threat of criminal prosecution, attempting to consider what statement the State may consider ‘false,’ regardless of whether FPF believes a given statement to be accurate,” Latshaw wrote. “Although FPF will continue to educate voters about Amendment 4 and Florida’s current law, the threat of prosecution is not one that FPF takes lightly.”
FPF is suing Surgeon General Joseph Ladapo, the head of DOH, after the health department sent cease and desist letters to the media that were written by DeSantis attorneys. A federal judge granted a temporary restraining order to keep the state from making more threats until the two sides are due in court Tuesday.
The court records also give new insight into WINK-TV’s decision to pull the ads and then resume them again. The CBS affiliate in Fort Myers was the only known station that acquiesced to the state’s demands — at least temporarily.
The ad in the middle of the legal fight features a woman identified only as Caroline who lives in Tampa. A mom and wife, she found out she had fatal brain cancer when she was pregnant with her second child. She had an abortion in her second trimester in order to get life-extending chemotherapy.
“Florida has now banned abortion even in cases like mine,” Caroline said in the commercial.
DeSantis and the state argue that’s not true and say women in Caroline’s situation are allowed to get an abortion.
“Don’t fall for the scare tactics. Our present abortion law protects the lives of the vulnerable women,” said Dr. Ana Verdeja-Perez of Florida Physicians Against Amendment 4 who joined DeSantis at a rally this week.
FPF stands by the ad and says it’s a reality under Florida’s abortion ban.
Florida currently has a six-week abortion ban in most pregnancies, which abortion rights advocates call one of the most extreme policies in the country. There are exceptions — if incest, sex trafficking and rape survivors can get documentation to prove their crimes, they can get abortions up to 15 weeks — or to save the mother’s life. But doctors in support of Amendment 4 say Florida’s new ban that went into effect in May creates uncertainty and pressure on the medical community not to help women.
Claiming the Caroline ad was false and harmful to the public, the state sent cease and desist letters to TV stations. After after the cease and desist letter dated Oct. 3 were sent, WINK-TV kept playing the ad — including four times Oct. 4, three times Oct. 8, and then seven times Oct. 14, and four time times on Oct. 16, according to a court affidavit from Jae Williams, DOH communications director.
FPF filed the lawsuit Oct. 16.
Latshaw said she did not initially know WINK-TV resumed playing the ad again in mid-October.
“My understanding is that WINK-TV took down ‘Caroline’ as a result of the department’s letter. The advertisement reservation had been booked and fully paid when WINK-TV took it down; WINK-TV did not indicate it was open to putting the advertisement back up until conducting a ‘legal review’ and speaking with FPF’s counsel,’” said Latshaw, ACLU of Florida’s Deputy Political Director, in the court affidavit. “The advertisement was down for five days when it should have otherwise been airing when Florida voters were casting their ballot.”
Attorney General Ashley Moody defended the state’s cease and desist letters and said they were appropriate to send given the situation. She also downplayed the impact of the state’s letters.
“In the aftermath of these letters, it appears that only one television station — WINK-TV in Fort Myers — stopped airing FPF’s false claim about the availability of lifesaving medical services. It is unclear from the evidence in the record why this occurred,” Moody wrote in a court filing.
Meanwhile FPF accusing the state of infringing on its right to Freedom of Speech argued, “while the Department baldly speculates there could be other reasons that WINK-TV stopped airing ‘Caroline,’ There is no plausible explanation for WINK-TV’s conduct other than as a response to the Department’s threat.”
30 comments
Iowa Took His Money and Sent Him Packing
October 26, 2024 at 10:03 am
Ms. Latshaw, the voters are coming to rescue you.
And how about that, are those crazy Republicans “weaponizing” the courts? Where’s Senator Sticky Fingers and Ronnie? Why aren’t they ranting about it?
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I Am Speaking.
October 26, 2024 at 10:11 am
A couple of things on Amendment 4 and these statements are right from the Amendment itself and not politicized. “There is also uncertainty about whether the amendment will require the state to subsidize abortions with public funds. Litigation to resolve those and other uncertainties will result in additional costs to the state government and state courts that will negatively impact the state budget.”
The final sentence ends with this in bold, “THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES SURROUNDING THE AMENDMENT’S IMPACT.” So you want me to support something and we have no idea as to the cost of it or who pays? For that reason alone I will vote NO.
VotedSìYESON4
October 26, 2024 at 10:44 am
Above is 100 percent politicized. The second paragraph on Amendment 4 was written by the governor’s propagandists. So I am speaking (lying) is wrong.
I Am Speaking.
October 26, 2024 at 12:30 pm
Nope. This is from the official mailer from my county. My supervisor of elections is a Democrat.
cassandra was right
October 26, 2024 at 4:35 pm
Right. That statement you quoted was written by DeSantis’ lawyers. It’s their financial impact statement, and your county was required to include it. The Amendment 4 group gets no input and has no right to rebuttal. The biggest expense the governor’s conference threatens on their impact statement is the cost of litigation. You know, DeSantis paying his lawyers to fight ‘We the People’ in court. At taxpayer expense of course!
Other states are so envious of Florida voters’ ability to amend their own constitution. Don’t let politicians steal this right from Floridians. Vote YES on 4
cassandra was right
October 27, 2024 at 8:50 pm
Go to the Floridiansprotectingfreedom.com website. Then call your county supervisor of elections tomorrow morning if you still have questions. The state made it confusing on purpose. It’s too important to just give up on your right to vote with ALL the facts!
Abortion rights have passed in every state that’s voted!
‘We the People!” YES on 4!
I Am Speaking.
October 26, 2024 at 12:59 pm
You didn’t read it either did you?
TylerM
October 26, 2024 at 9:20 pm
Hi there! The Amendment is only the first paragraph, you are referring to the states financial impact. You can learn more here: https://floridiansprotectingfreedom.com/read-amendment-4/
Cheesy Floridian
October 27, 2024 at 2:26 pm
Please for the love of all things holy do not think that that political impact statement is correct. That is made by a far right group to do exactly what they want you to do vote no. We had legal abortions until viability until 2022 and now in May of 2024 the 6 week ban passed. That financial statement is wrong and false. Yes on 4!
Cheesy Floridian
October 27, 2024 at 2:27 pm
Not to mention how much money is DeSantis illegally spending aka OUR TAX DOLLARS to fight freedom and the amendments? How much tax dollars did he spend fighting Disney or flying migrants to Martha’s Vineyard? Come on
Cheesy Floridian
October 26, 2024 at 10:14 am
Vote yes on 4! We need freedom and we need to show DeSantis his scare tactics are not going to work!
I Am Speaking
October 26, 2024 at 10:28 am
No matter what it costs. Do you pay taxes?
MarvinM
October 26, 2024 at 11:02 am
Freedom is more important than money.
You might understand that if you would ever go to a doctor when you need a life saving treatment and they tell you “No, sorry, we can’t do that because of a law passed.”
But that aside, how much do you think it is costing the state right now in medicaid expenditures to cover all the pregnant women from the 7th week of pregnancy to three months after birth (in most cases)?
You get all twisted up in knots over a potential litigation cost but don’t take into account the actual real cost happening now.
If you can’t deal with any hypothetical costs, then vote NO on all 6 of the amendments (maybe YES on 3 as it’s financial impact statement said it would be a financial plus).
I Am Speaking.
October 26, 2024 at 12:50 pm
Life saving treatment will not be refused under the current law.
MarvinM
October 26, 2024 at 2:07 pm
“Life saving treatment will not be refused under the current law”
That’s not exactly true.
Under current law, women are coming into hospitals, when a wanted pregnancy has gone wrong, and although the doctor tells them the baby can’t be saved, because at that moment her life is not at imminent risk, she is told she cannot have an abortion. She then has to wait until she is so physically compromised that the doctor can legally perform the abortion.
Sustaining an infection like that can and has caused death, or for women to have adverse health outcomes for the rest of their lives (including fertility issues that may make them incapable of ever conceiving a child). And doctors know this. What they want to do is an abortion when it can help the woman the most, but they are hamstrung by these laws into not being able to perform an abortion until the woman is at death’s door.
I’m not cool with that, so I am voting YES on 4.
cassandra was right
October 26, 2024 at 11:14 am
That is not part of Amendment 4. It is the Financial Impact Statement—- produced by DeSantis’ handpicked Financial Impact Estimating Committee, which — just for Amendment 4 — hired Heritage Foundation lawyers — the same group fighting against 4!. These plants are being paid with tax$ to oppose the will of ‘We the People’.
Notably, the Financial Statement also intentionally fails to include the considerable tax savings that will result from passing the amendment, focusing instead on scary, imaginary expenses. The Amendment 4 committee was not allowed any input on this statement. It isn’t part of the Amendment. It’s just another predictable attempt by the governor to stop citizens from using their most powerful tool available (the one legislators and the gov most fear): Voter Initiatives.
DEMOCRACY! ‘BY THE PEOPLE’ !!!
YES on 4!
I am now speaking so STFU
October 26, 2024 at 12:23 pm
As a taxpayer (and one who pays a hell of a lot more than you right wing nut jobs), I’m so sick of you all being a tax watch as if nobody else pays taxes besides your own selfish radical right wing ideology and wackiness. You need to STFU and stop talking because now I am speaking, I want my tax dollars to pay to save women’s lives and to stop Rhonda and her radical insanity in this state that I live in. So yeah, stfu!
I Am Speaking.
October 26, 2024 at 12:37 pm
Hey big taxpayer. Read the language in the amendment. You probably pay too much in taxes as well because you don’t read tax law as well.
I Am Speaking.
October 26, 2024 at 12:31 pm
No again. It is an official mailer from my county supervisor of elections who is a Democrat by the way.
cassandra was right
October 26, 2024 at 5:25 pm
Q & A from YES on 4 website:
“Is the Financial Impact Statement (the paragraph under our language on the ballot) part of Amendment 4?
No. Every amendment must have this statement. However, the state of Florida weaponized this process to add deceptive and confusing language to the ballot.….” — Yes on 4
Please take a look at the ‘YES on 4’ website. The valid points you have brought up are all addressed there. The Amendment is very few words and is straight forward, making the Q&A section a quick and easy read.
Most relevant to your comment is the fact that the lines you quote — ending in: “THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES SURROUNDING THE AMENDMENT’S IMPACT.” is written entirely by the state’s lawyers, each selected for their opposition to Amendment 4!! Their statement is deceptive and confusing. DeSantis will use it again if he gets away with it now!
YES on 4!
I Am Speaking.
October 27, 2024 at 9:48 am
So I am looking at the official ballot sent to me by my Democrat Supervisor of Elections. There are six amendments on the ballot and only one has that financial impact statement. Your “yes on 4” website is full of crap.
MarvinM
October 29, 2024 at 1:52 pm
What county are you in? The Broward County sample ballot has a financial impact statement IN ALL CAPS for Amendments 3 AND 4 (the only ones put on the ballot by citizen initiative).
However, one curious thing – I recently helped a stroke victim fill in his mail-in ballot. As I was reading the amendments, they all had a financial impact statement, although only 3 and 4 were long and in all caps. The statement for 1, 2, 5 and 6 was the same, something like “no or minimal impact”, or “negligible impact”. I wish I had taken a picture of it.
But it was there on the ballot.
Again, what county are you in? Maybe you need to speak to the supervisor, because that language should be on your ballot.
I Am Speaking.
October 26, 2024 at 12:39 pm
Next time you get a property tax bill send your assessor a blank check and tell them to fill out what they want to take. That is exactly what you are advocating. Pure emotional zombie.
I Am Speaking.
October 26, 2024 at 12:34 pm
You all read about as much as Nancy Pelosi. Of course you don’t bother reading anything. Pure emotion. That’s how the zombies operate.
cassandra was right
October 26, 2024 at 5:35 pm
Q & A from YES on 4 website:
“Is the Financial Impact Statement (the paragraph under our language on the ballot) part of Amendment 4?
No. Every amendment must have this statement. However, the state of Florida weaponized this process to add deceptive and confusing language to the ballot.….” — Yes on 4
Please take a look at the ‘YES on 4’ website. The valid points you have brought up are all addressed there. The Amendment is very few words and is straight forward, making the Q&A section a quick and easy read.
Most relevant to your comment is the fact that the lines you quote — ending in: “THE FINANCIAL IMPACT OF THIS AMENDMENT CANNOT BE DETERMINED DUE TO AMBIGUITIES AND UNCERTAINTIES SURROUNDING THE AMENDMENT’S IMPACT.” is written entirely by the state’s lawyers, each selected for their opposition to Amendment 4!! Their statement is deceptive and confusing. DeSantis will use it again if he gets away with it now!
YES on 4!
I Am Speaking.
October 27, 2024 at 9:50 am
Nope. That statement is only on one amendment not all six. That statement is not on every amendment. I’m guessing most of the zombies don’t read. Following Pelosi’s footsteps I guess.
cassandra was right
October 27, 2024 at 8:14 pm
Hi, I Am Speaking! I see what you mean. I’m looking at the sample ballot now. Only the citizen amendments (3 and 4) are followed by a financial impact statement. Problem is the ballot does not indicate where the actual amendment wording ends and where the state’s lawyers begin their financial statement.
On your ballot, Amendment 4 is the short first paragraph only:
“No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.”
The financial statement created by the state in opposition to the amendment is the long paragraph beginning: “The proposed amendment would result….”
(Amendment 3’s financial statement begins: “The amendment’s financial impact….”)
The court placed no requirements on the state’s lawyers for accuracy or truthfulness and did not allow the Amendment 4 group to add the indisputable tax savings that will result from passing Amendment 4.
Some of the most obvious costs of NOT passing Amendment 4: Medicaid, cash assistance, SNAP, education, housing, foster care, additional NICU and ICU beds to treat the inevitable increase in extremely sick and dying babies, and life-long care for those who are unable to recover.
Denied or delayed abortions are extremely expensive for taxpayers, as other states are now discovering.
Cheesy Floridian
October 27, 2024 at 2:29 pm
Vote yes on 4! Vote for freedom! Don’t listen to DeSantis he doesn’t want us free he wants control! Get out and vote!
Billy Nash
October 29, 2024 at 11:39 am
There is no way to defend government interference with a women’s right to make her own health decisions. Anything related to abortion should be left to the woman, her doctor and her God. No one else has a right to interfere with that. DeSantis needs to “mind his business” which should be taking care of the insurance mess in FL not women’s health care! YES on 4!
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