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Florida judge temporarily halts the Department of Health’s efforts to block pro-abortion ads

The judge argued that the state's actions violated free speech protected by the First Amendment.

Image of pro-abortion people demonstrating / Suzanne Cordeiro.AFP

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A Florida judge issued an order temporarily halting the Department of Health's efforts to stop the airing of ads promoting an abortion amendment. The judge argued that such actions violated free speech protected by the First Amendment, favoring a group that sued the state for censorship.

Details of the conflict

The conflict began when the Florida Department of Health claimed that airing ads endorsing Amendment 4 violated state regulations.

This amendment would allow access to abortion up to the viability of the fetus, between 24 and 28 weeks gestation, and would repeal the current ban on abortions after six weeks of pregnancy that went into effect earlier this year.

However, following a lawsuit by the group Floridians Protecting Freedom, a judge decided to issue a restraining order, arguing that political advertising is a central form of speech protected by the First Amendment, and even hurled a direct insult at the state, stating, "To keep it simple for the State of Florida: it’s the First Amendment, stupid."

Restrictions imposed on the Department of Health

The temporary order prevents Florida's Surgeon General Joseph Ladapo and the department's former general counsel John Wilson from taking any coercive action, directly or indirectly, against broadcasters airing the Floridians Protecting Freedom ad. This includes threats or intimations of legal repercussions for airing Amendment 4-related content.

Next steps in the judicial process

The order will be in effect until Oct. 29, when a hearing will be held to decide whether to extend the temporary ban. During that hearing, the judge will assess whether a longer restriction is warranted while the litigation continues.

This case highlights the growing tension between state abortion regulations and the protection of free speech rights in an increasingly polarized political environment.

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