'It’s the First Amendment, stupid': Federal court smacks down Ron DeSantis

Image via Gage Skidmore/Flickr.
Matthew Chapman
and
Raw Story
October 18, 2024Bank

A federal court issued an order blocking Florida state officials and in particular Gov. Ron DeSantis' health secretary Joseph Ladapo, from threatening TV stations over ads in support of Amendment 4, the constitutional ballot referendum that seeks to repeal Florida's near-total abortion ban, reported constitutional attorney Adam Steinbaugh.

DeSantis' administration sent letters to TV stations threatening to prosecute their employees for airing the ad, citing an obscure "sanitary nuisance" law intended to apply to physical health hazards like improperly sealed septic tanks. Specifically, they argued that the law might falsely persuade women who are eligible for abortion under health exceptions from seeking care.

The court didn't buy the argument and called out the state for violating the First Amendment right to freedom of speech.

"While Defendant Ladapo refuses to even agree with this simple fact, Plaintiff's political advertisement is political speech — speech at the core of the First Amendment," said the ruling. "The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech 'false.'"

The ruling cited the conclusion of the Supreme Court in the 1945 case Thomas v. Collins: "The very purpose of the First Amendment is to foreclose public authority from assuming a guardianship of the public mind through regulating the press, speech, and religion."

"To keep it simple for the State of Florida: it's the First Amendment, stupid," the ruling continued.

This comes after a tough day of oral argument, in which U.S. District Judge Mark Walker appeared visibly exasperated with Florida attorneys' arguments that the prosecution threats against TV stations were legitimate.

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