Florida threatens TV stations for advertising abortion rights. FCC calls it “dangerous”

CNN
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In a move critics say is a blatant abuse of power, the Florida Department of Health is threatening to file criminal charges against local television stations that air a campaign ad aimed at overturning the state's six-week abortion ban signed by Gov. Ron DeSantis.

The unusual warning from the Republican-controlled state agency prompted the Democratic chairman of the Federal Communications Commission to intervene on Tuesday.

Jessica Rosenworcel, the chairwoman of the FCC, said broadcasters should not be intimidated by airing political ads.

“Broadcasters’ right to freely express themselves is enshrined in the First Amendment,” Rosenworcel said in a statement. “Threats against broadcasters for broadcasting content that contradicts the government’s views are dangerous and undermine the fundamental principle of freedom of expression.”

The FCC's support of broadcasters is notable because the federal agency controls broadcast licenses across the country.

However, the Florida Department of Health cited local law in cease-and-desist letters sent last week to WCJB in Gainesville and WFLA in Tampa.

The health department's threat underscores the intensity of the political fight over Amendment 4, a ballot measure that would enshrine abortion rights in the Florida Constitution. The state government led by DeSantis has fought aggressively against the change, including by running its own television ads.

The cease-and-desist letters from John Wilson, general counsel for the state Department of Health, appear to be part of this campaign. The letters were first reported by Orlando investigative journalist Jason Garcia and state news outlet Florida Politics.

In the letters, Wilson took aim at an ad from the group Floridians Protecting Freedom, which is behind the abortion rights Yes on 4 Campaign.

The 30-second commercial features a woman named Caroline who became pregnant with her second child after being diagnosed with a brain tumor.

“The doctors knew that if I didn’t terminate my pregnancy I would lose my baby, my life and my daughter would lose her mother,” 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 change in the fall.

Wilson's letter said it was “categorically false” to claim that “current Florida law does not permit physicians to perform abortions necessary to protect the life and health of pregnant women.” Therefore, he wrote, airing the ad was “dangerous” to public health and the health department could use its statutory powers to initiate criminal proceedings.

Floridians Protecting Freedom responded to Wilson's letter by calling it an “unconstitutional government action” and “a textbook example of government coercion in violation of the First Amendment.”

The FCC chairman's statement on Tuesday shows she feels the same way.

The health department did not immediately respond to CNN's request for comment on the FCC's rebuke. The local stations did not respond to requests for comment, but both stations continued to air the ads Tuesday.