Florida Gov. Ron DeSantis, R, is demanding that a local TV station stop airing a political ad from a pro-abortion group related to an abortion amendment on the ballot. With less than a month to go before Election Day, political ads are flooding the airwaves.
However, current laws allow for political ads to contain false information, and local broadcast channels are required to air these advertisements unfiltered.
Florida’s Department of Health argues that claims made in one political ad about “no exceptions” to the state’s abortion law are dangerous and could put women’s lives at risk.
A woman featured in the ad stated, “If I did not end my pregnancy, I would lose my baby, I would lose my life, and my daughter would lose her mom. Florida has now banned abortion in cases even like mine.”
In a cease-and-desist letter sent to an NBC affiliate in Tampa, Florida, officials stated, “The advertisement is not only false; it is dangerous. Women faced with pregnancy complications posing a serious risk of death or physical impairment may and should seek medical treatment in Florida.”
They cited the state’s Heartbeat Protection Act, which allows for exceptions to an abortion after six weeks if the woman’s life is in danger or if there is the possibility of serious injury.
If the new Amendment 4 passes in the coming election, it would loosen abortion restrictions in Florida. The “Yes on 4” campaign has faced criticism for its political ads. Another ad was fact-checked by a local NBC station in Orlando, Florida and found to be false.
The ad claimed, “An extreme ban with no real exceptions, not for her health, not even for rape. A ban where government decides. Not you. And that’s why Florida must vote yes on 4. To stop the dangerous ban.”
However, Florida law does provide exceptions for rape, incest, or human trafficking up to 15 weeks.
While DeSantis is working to have the “Yes on 4” ad removed from television, the campaign pushed back, sending a letter to the TV station insisting that the ad remain on the air.
“First and most importantly, this letter raises serious First Amendment concerns—indeed, it reflects an unconstitutional attempt to coerce the station into censoring protected speech,” the letter stated. “Second, the advertisement is true—the letter provides no evidence to the contrary. The advertisement must continue to air on your station.”
The state acknowledges First Amendment protections for political ads but argues that the threat to human life supersedes it.
“While your company enjoys the right to broadcast political advertisements under the First Amendment of the United States Constitution and Article 1, Section 4 of the Florida Constitution, that right does 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 state said.
Abortion is the second most important issue this election cycle for Democrats, according to polling. It is the subject of many political ads this cycle, particularly as it is the first presidential election since the overturning of Roe v. Wade.
The Lincoln Project released an ad depicting a daughter who dies, presumably due to pregnancy complications without access to an abortion, and a father who voted for Trump. A woman’s voice says “You knew what he did. You knew his politics would end my freedom, my rights, my life. You chose hate over me.”
There are 20 states with abortion bans ranging from six to 15 weeks. Every state law on the books allows for the procedure when a mother’s life is at risk. Links to every state’s abortion law can be found here.
