The Federal Communications Commission has criticized a cease-and-desist order sent by the Florida Department of Health to at least two television stations, including WCJB-TV20 in Gainesville, over the running of a political advertisement related to the state's abortion laws.
The letter, dated Oct. 3 and sent to TV20 General Manager Alan Chatman and Mike Jones, the vice president of political sales for Gray Media, the owner of the station, specifically attacks the ad's claim "that current Florida law does not allow physicians to perform abortions necessary to preserve the lives and health of pregnant women."
The letter from the health department's general counsel, John Wilson, calls the ad "false" and "dangerous." It says that women who see the ad may believe "treatment is unavailable under Florida law ..." and that women may travel out of state for care or not seek care at all.
"Such actions would threaten or impair the health and lives of these women," the letter says. It also threatens legal action if the station fail to comply.
Loacl news: City of Newberry accused of attempting to censor resident over 'defamatory remarks'
The 30-second ad highlights a Tampa woman who became pregnant after a brain cancer diagnosis, and encourages voters in the Nov. 5 general election to vote "yes" on Amendment 4, which aims to limit government interference when it comes to abortion and reproductive rights.
“The doctors knew that 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 abortions, even in cases like mine," the woman says in the ad, which was paid for by Floridians Protecting Freedom Inc.
Chatman, the station's general manager, declined to comment on the letter when reached by The Sun Wednesday afternoon.
Jessica Rosenworcel, the chair of the FCC, told CNN in a statement that stations should not be intimidated for airing political ads.
“The right of broadcasters to speak freely is rooted in the First Amendment,” Rosenworcel said in the statement. “Threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech.”
The Elias Law Group, which represents Floridians Protecting Freedom, sent a letter to Chatman and Jones urging them to continue to accept the advertisement.
It calls the letter from the Department of Health a "flagrant abuse of power" that "must be rejected"
"... it reflects an unconstitutional attempt to coerce the station into censoring protected speech," the letter says.
It also argues that the advertisement is true. The letter contends that Florida law would not allow for an abortion in the case of the woman in the ad because her condition was terminal. Therefore, an abortion would not have saved her life, only extended her life.
"... there is no genuine dispute as to the accuracy of the statements in this Advertisement," the letter says.
Amendment 4, which would overturn the state's six-week abortion ban, will appear on the ballot in the upcoming Nov. 5 general election, and will ask voters to vote "Yes" or "No" based on the following ballot language:
"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. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion."
This article originally appeared on The Gainesville Sun: Florida DOH sends cease-and-desist order to WCJB TV20 over running of abortion ad
Local News
