In a move that critics are calling a flagrant abuse of power, Florida’s Department of Health is threatening to bring criminal charges against local TV stations airing a campaign ad to overturn the state’s six-week abortion ban signed by Gov. Ron DeSantis. The unusual warning from the Republican-controlled state agency prompted the Democratic chair of the Federal Communications Commission to step in on Tuesday. Jessica Rosenworcel, the FCC chair, said that stations should not be intimidated for airing political ads, CNN reports. “The right of broadcasters to speak freely is rooted in the First Amendment,” Rosenworcel said in a statement. “Threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech.” The FCC's expression of support for the stations is significant, considering the federal agency's role in regulating broadcast station licenses nationwide. The Florida Department of Health, however, cited local statutes in the cease-and-desist letters sent last week to WCJB in Gainesville and WFLA in Tampa.
The threat from the health department underscores the intensity of the political battle over Amendment 4, a ballot measure that would enshrine abortion rights in Florida’s constitution. John Wilson, general counsel for the state health department, targeted an ad produced by the group Floridians Protecting Freedom, which is behind the “Yes on 4 Campaign” in favor of abortion rights. The 30-second ad depicts a woman named Caroline who became pregnant with her second child after a brain cancer diagnosis. “The doctors knew that if I did not end my pregnancy, I would lose my baby, I would lose my life, and my daughter would lose her mom,” the woman says in the ad. “Florida has now banned abortions, even in cases like mine.” The ad then encourages viewers to vote for the amendment this fall. Wilson's letter states that it is "categorically false" to claim that current Florida law does not allow physicians to perform necessary abortions. Airing the ad is considered "dangerous" to public health, and the health department could initiate criminal proceedings.
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