U.S. District Courthouse for the Northern District of Florida, Tallahassee. (Photo: Michael Moline/Florida Phoenix)

A federal judge on Tuesday extended by 14 days the Florida Department of Health’s temporary order banning the agency from intimidating publishers who run ads for the group that supports the abortion rights amendment.

The decision stemmed from the department’s threatening letters threatening to file criminal charges against television stations that aired the Floridians Protecting Freedom ad, claiming the ad spread misinformation that put public health at risk.

U.S. Chief Judge Mark Walker in Tallahassee initially ruled: temporary order is in effect The extension will last 14 days or until Walker decides whether it is necessary to maintain the bar pending a lawsuit filed by Floridians protecting Liberty against the health department, which will continue after Election Day.

The abortion rights measure, Amendment 4, would prohibit the government from interfering with abortions, usually through viability around 24 weeks, or to preserve the life of the pregnant person. It requires approval from at least 60 percent of voters to pass.

First Amendment protection of political speech

At Tuesday’s hearing, Walker was unconvinced by the DeSantis administration’s claims that it could shut down political speech because it sounded like a political candidate going on television and saying 911 emergency lines are not working.

“Round this up for me, Batman,” Walker told department attorney Brian Barness, suggesting that another way to phrase his argument was that the First Amendment was subservient to the political interests of the state.

the ad in question It’s about Tampa resident Caroline, who says when she begins chemotherapy to treat brain cancer, abortion restrictions in Florida would prevent her from undergoing the procedure.

Is it absolutely wrong or controversial?

Barnes said the ad was clearly false because of the mother’s life-saving exception in state law that bans most abortions after six weeks of pregnancy.

“I don’t think there’s much need for comment,” Barnes said. He added that if a person sees the ad and claims that their spouse died because they did not seek care, the ministry has not taken a position on whether to launch an investigation against the sponsor or broadcasters.

Ben Stafford, one of the plaintiff’s attorneys, defended the ad, saying Caroline’s claim that Florida prohibits abortion in cases like hers is not an easily verifiable fact.

“It’s controversial at worst,” Stafford said.

The plaintiffs introduced into evidence a statement from Caroline’s doctor stating that he would not perform an abortion under the six-week ban because the abortion would not have saved Caroline, who continued to receive treatment.

“What the First Amendment does is leave such disputes to the free market of ideas,” Stafford said of the debate over whether the ad was accurate.

The DeSantis administration’s threat to broadcasters led to the resignation of the health department’s chief adviser, John Wilson. Floridians Protecting Freedom initially included him as a defendant but withdrew from the case following his departure. He also submitted an affidavit confirming that the governor’s office prepared the cease and desist letters and directed them to be sent to him.