‘It’s the First Amendment, stupid’: Ron DeSantis is brutally shut down by federal judge after trying to attack abortion rights ads

A federal judge brutally shut down Florida Governor Ron DeSantis for threatening TV stations airing abortion rights ads.

Recently, DeSantis and his administration began threatening TV stations with criminal charges for airing an advertisement created by Floridians Protecting Freedom. The organization is behind Amendment 4, also known as the Right to Abortion Initiative. The amendment seeks to limit government interference in abortion rights, stipulating, “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.” If Floridians vote “Yes” on the amendment on November 5, it will overturn the state’s strict six-week abortion ban.

To urge citizens to vote for the amendment, Floridians Protecting Freedom launched an ad titled “Caroline.” In the ad, a woman tells the story of how she needed an abortion two years ago after she was diagnosed with brain cancer. Today, with Florida’s strict abortion ban, she believes she wouldn’t have been able to get the procedure, which would’ve endangered her and her child’s life. While Florida does allow exceptions to its abortion law when a mother’s life is in danger, the procedure can still be delayed or denied since it requires two physicians to certify the abortion is medically necessary. As TV stations began airing the ad, DeSantis’ administration started sending them cease-and-desist letters.

Federal judge puts Ron DeSantis in his place

At least two TV stations in Florida received cease-and-desist letters from state agencies under the direction of DeSantis’ administration, claiming the ads were “false” and “dangerous.” Floridians Protecting Freedom quickly filed a complaint with the state, noting that the threat of criminal charges clearly violated the First Amendment’s protection of political speech. The Florida government tried to interfere in the Amendment 4 election by attempting to silence and censor the Floridians Protecting Freedom promotional ad.

It’s far from the first time DeSantis has taken it upon himself to censor anything and everything he personally dislikes in Florida. He has made Florida the top state in the nation for book bans and pushed to ban students from discussing LGBTQ+ topics or even mentioning their periods in school. It was hardly surprising that his next focus was to censor abortion rights ads. Fortunately, a federal judge sided with Floridians Protecting Freedom.

U.S. District Chief Judge Mark Walker agreed that DeSantis’ administration’s egregious actions violated the First Amendment and constituted “unconstitutional coercion.” He wrote, “Whether it’s a woman’s right to choose, or the right to talk about it, the First Amendment prohibits the State of Florida from trampling” on pro-abortion advocates’ free speech. As a result, Walker issued an injunction on the state, which is essentially a restraining order preventing it from continuing to threaten and coerce Floridians Protecting America and TV stations airing the organizations’ ads. The temporary injunction lasts until October 29, just days before the election.

Meanwhile, since DeSantis and Florida have persistently failed to demonstrate they comprehend the concepts of Free Speech and the First Amendment, Walker also put his ruling in words they could understand. He stated bluntly, “To keep it simple for the state of Florida, it’s the First Amendment, stupid.” Walker’s ruling is a big victory for abortion and free speech proponents in Florida. Additionally, it’s nice to finally have someone put DeSantis in his place and remind him that the First Amendment does, indeed, exist and shouldn’t be so difficult to understand.