Judge continues to block Florida officials from threatening TV stations over abortion ads

CHECKING ONE OF THE ADS AGAINST AMENDMENT 4. WELL, THE REPUBLICAN PARTY OF FLORIDA IS CURRENTLY RUNNING A 60ND COMMERCIAL. >> THAT MAKES A LOT OF CLAIMS ABOUT AMENDMENT 4 WHICH PROTECTS ABORTION RIGHTS FOR WOMEN. I'M BREAKING DOWN EACH ONE AND GETTING YOU THE TRUTH. >> WARNING SIGNS CAN BE HARD TO SPOT BUT DANGEROUS TO IGNORE THIS AD FROM THE REPUBLICAN PARTY OF FLORIDA ARE URGING PEOPLE TO VOTE NO, UNLIKE OTHER AMENDMENTS. AMENDMENT 4 HAS NO DEFINITIONS. IT'S TRUE THAT THERE ARE NO DEFINITIONS IN AMENDMENT 4, BUT THERE ARE SELDOM DEFINITIONS IN CONSTITUTIONAL AMENDMENTS. THEY'RE NOT REQUIRED AS LONG AS THEY'RE REVIEWED BY THE STATE SUPREME COURT FOR CLARITY AND THE COURTS APPROVED AMENDMENT 4. SO WE'RE RATING THIS CLAIM MISLEADING, CLEAN, TOO, WITHOUT DEFINITIONS. THESE WORDS CAN MEAN ALMOST ANYTHING ENABLING ABORTIONS AT ANY TIME FOR ALMOST ANY REASON. HERE'S THE AMENDMENT. AND WHILE IT IS BRIEF LIKE MOST, IF PAST, THE COURTS WILL FILL IN THE GAPS. FLORIDA LAW IS CLEAR AND ALREADY HAS DEFINITIONS. FOR EXAMPLE, VIABILITY IS DEFINED AS UP TO THE POINT A CHILD CAN SURVIVE ON ITS OWN OUTSIDE THE. SO WE RATE THE CLAIM MISLEADING CLAIM 3 AMENDMENT 4 GOES FAR BEYOND ROE V WADE AND POWERING ABORTION CLINICS TO APPROVE LATE TERM ABORTIONS WITHOUT DOCTORS EVEN AFTER SCIENCE SAYS THE BABY CAN FEEL PAIN. OUR METER SAYS THIS IS FALSE. AND HERE'S WHY. >> CURRENT FLORIDA LAW REQUIRES ONLY PHYSICIANS TO PERFORM AN ABORTION AND THAT DOESN'T CHANGE. AND AGAIN, THE LANGUAGE IN THE AMENDMENT DOESN'T SUGGEST THAT ANYONE BUT A DOCTOR WOULD PERFORM AN ABORTION CLAIM FOR AMENDMENT 4. EVEN CUTS PARENTS OUT OF THE LOOP REMOVING FLORIDA'S PARENTAL CONSENT LAW AND REPLACING IT WITH NOTIFICATION. SO WHAT LOOKS LIKE A SAFEGUARD IS ACTUALLY A LOOPHOLE BRING UP THE METER AND WE'RE GOING TO READ THIS FALL'S BECAUSE ARTICLE 10 SECTION, 22 OF FLORIDA LAW ALREADY REQUIRES PARENTAL NOTIFICATION AND AGAIN, READ THE AMENDMENT. IT STATES THAT PARENTAL NOTIFICATION WON'T BE IMPACTED PARENTAL CONSENT LAW IS ALSO REQUIRED FOLLOWING A STATE SUPREME COURT RULING IN APRIL. WHETHER IT'S FRAUD OR JUST FLAWED AMENDMENT 4 IS NOT WHAT IT SEEMS. NO DEFINITIONS, NO DOCTORS, NO PARENTAL CONSENT. >> NOW THE ADS SIMPLY IGNORES THE FACTS WHICH WE SHOWED YOU WRITTEN STATE LAW. WE RATE THE AD AS MOSTLY FALSE IN THE STUDIO. DAVE ELIAS NBC, 2

A federal judge on Tuesday continued to block the head of Florida's health department from taking any more steps to threaten TV stations that air commercials for an abortion rights measure on next week's ballot.U.S. District Judge Mark Walker extended a temporary restraining order, siding with Floridians Defending Freedom, the group that created the ads promoting the ballot question that would add abortion rights to the state constitution if it passes Nov. 5.Walker handed down the decision from the bench after hearing arguments from attorneys for the campaign and state officials. The order extends a previous one that bars State Surgeon General Joseph Ladapo from taking any further action to coerce or intimidate broadcasters that run the commercials.Walker said extending the temporary restraining order will give him more time to rule on the preliminary injunction that the abortion rights campaign is requesting.The group filed the lawsuit after Ladapo and John Wilson, who was then the top lawyer at the state health department before resigning unexpectedly, sent a letter to TV stations on Oct. 3 telling them to stop running an abortion rights ad, asserting that it was false and dangerous. The letter also says broadcasters could face criminal prosecution.The ad at issue features a woman named Caroline Williams who said Florida’s current law — which bans most abortions after six weeks — would have barred her from getting the procedure that her doctors said was needed to extend her life, after she was diagnosed with terminal brain cancer in 2022. Her providers wouldn’t go forward with her cancer treatment while she was still pregnant.The decision Walker handed down on Tuesday extends an Oct. 18 order barring state officials from “trampling” on the free speech rights of those they disagree with.“The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is ‘false,’” the judge said in the previous order.He added, “To keep it simple for the State of Florida: it’s the First Amendment, stupid.”Tuesday’s hearing is the latest development in an ongoing fight between advocates for abortion rights and officials in the administration of Republican Gov. Ron DeSantis, who has waged his own state-funded campaign to block the ballot measure.If approved by 60% of Florida voters, the constitutional amendment would protect the right to an abortion until fetal viability, considered to be somewhere past 20 weeks. The measure would override current state law, which bans most abortions after six weeks, before many women know they’re pregnant.In the weeks leading up to the election, DeSantis has held taxpayer-funded, campaign-style rallies with doctors and religious leaders to advocate against the proposed amendment. Four state agencies have set aside millions of dollars in public funds to create their own commercials railing against the abortion measure and another proposed constitutional amendment that would legalize recreational marijuana use in the state — a move that critics say violates a state law that bars government officials from using their public office for electioneering.

TALLAHASSEE, Fla. —

U.S. District Judge Mark Walker extended a temporary restraining order, siding with Floridians Defending Freedom, the group that created the ads promoting the ballot question that would add abortion rights to the state constitution if it passes Nov. 5.

Walker handed down the decision from the bench after hearing arguments from attorneys for the campaign and state officials. The order extends a previous one that bars State Surgeon General Joseph Ladapo from taking any further action to coerce or intimidate broadcasters that run the commercials.

Walker said extending the temporary restraining order will give him more time to rule on the preliminary injunction that the abortion rights campaign is requesting.

The group filed the lawsuit after Ladapo and John Wilson, who was then the top lawyer at the state health department before resigning unexpectedly, sent a letter to TV stations on Oct. 3 telling them to stop running an abortion rights ad, asserting that it was false and dangerous. The letter also says broadcasters could face criminal prosecution.

The ad at issue features a woman named Caroline Williams who said Florida’s current law — which bans most abortions after six weeks — would have barred her from getting the procedure that her doctors said was needed to extend her life, after she was diagnosed with terminal brain cancer in 2022. Her providers wouldn’t go forward with her cancer treatment while she was still pregnant.

The decision Walker handed down on Tuesday extends an Oct. 18 order barring state officials from “trampling” on the free speech rights of those they disagree with.

“The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is ‘false,’” the judge said in the previous order.

He added, “To keep it simple for the State of Florida: it’s the First Amendment, stupid.”

Tuesday’s hearing is the latest development in an ongoing fight between advocates for abortion rights and officials in the administration of Republican Gov. Ron DeSantis, who has waged his own state-funded campaign to block the ballot measure.

If approved by 60% of Florida voters, the constitutional amendment would protect the right to an abortion until fetal viability, considered to be somewhere past 20 weeks. The measure would override current state law, which bans most abortions after six weeks, before many women know they’re pregnant.

In the weeks leading up to the election, DeSantis has held taxpayer-funded, campaign-style rallies with doctors and religious leaders to advocate against the proposed amendment. Four state agencies have set aside millions of dollars in public funds to create their own commercials railing against the abortion measure and another proposed constitutional amendment that would legalize recreational marijuana use in the state — a move that critics say violates a state law that bars government officials from using their public office for electioneering.

��vlog