FCC chair smacks down Ron DeSantis’ 'dangerous' attempt to censor pro-choice ad

08 October 2024

Floridians are preparing to head to the polls to vote on Amendment 4 in just four weeks, which would enshrine abortion rights into the Florida state constitution. Republican Governor Ron DeSantis' attempted censorship of an ad supporting Amendment 4 just hit a wall, courtesy of Federal Communications Commission (FCC) Chair Jessica Rosenworcel.

On Monday, Slate reported that DeSantis was contemplating taking media companies to court for airing the ad, which informs Floridians that the state's current six-week abortion ban endangers the lives of pregnant individuals. The DeSantis-controlled Florida Department of Health argues that the ad's claims are "false" and "dangerous," and violate the Sunshine State's "sanitary nuisance" law.

Under that law, any TV station that airs the ad could be prosecuted with a second-degree misdemeanor, and those stations' employees could face 60 days in jail if found guilty. But on Tuesday, Reuters reported that Rosenworcel stepped in to publicly remind Florida's two-term governor that actually following through on those threats would conflict with the U.S. Constitution.

"The right of broadcasters to speak freely is rooted in the First Amendment," Rosenworcel stated. "Threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech."

Journalist Jason Garcia first reported on DeSantis' threats to prosecute TV stations, which was laid out in an October 3 letter from the Florida Department of Health. That letter — which was addressed to Tampa-based NBC affiliate WFLA — acknowledged the right to air political speech outlined in the First Amendment, but maintained that those rights do "not include free rein to disseminate false advertisements, which, if believed, would likely have a detrimental effect on the lives and health of pregnant women in Florida."

The ad in question is entitled "Caroline," and features the testimony of a woman who was diagnosed with a brain tumor while she was in the middle of pregnancy. She noted that the state's strict six-week abortion ban — which kicks in before many pregnant individuals even know they're pregnant — bans her from obtaining life-saving healthcare in her home state.

"The doctors knew if I did not end my pregnancy,” Caroline said in the ad, “I would lose my baby, I would lose my life, and my daughter would lose her mom. Florida has now banned abortion even in cases like mine.”

Outside of the letter from the state's health department, DeSantis is also using state resources in a full-court press aimed at stopping Amendment 4's passage. In late September, Mother Jones' Ari Berman reported that state police were "showing up at Florida voters' homes" to question them about signing petitions in favor of the measure, and the Florida Agency for Heath Care Administration launched a website with "politically charged language" in opposition to Amendment 4.

Amendment 4 is currently ahead in polls, with the Hill reporting in September that it had 55% support among likely Florida voters in a survey conducted by the outlet in coordination with Emerson College. That poll only found 26% of respondents were fully opposed to the measure, while another 20% said they were still unsure about how they would vote.

Click here to read Slate's report, and click here to read Rosenworcel's statement in Reuters.

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