A US District Judge extended a temporary injunction on Tuesday prohibiting the Florida Department of Health (DOH) from censoring or blocking televised ads in support of an abortion rights amendment. The extension allows the injunction to continue past US election day on November 5.

The injunction and extension stemmed from a lawsuit filed by Floridians Protecting Freedom, Inc. (FPF) in which the group accused the DOH of “using public resources and government authority” to prevent TV stations from airing pro-choice political ads. FPF claimed the state’s actions were an unconstitutional suppression of their First Amendment rights.

Specifically, FPF cited the state’s efforts to block an ad titled “Caroline.” The ad featured the story of a young woman who needed an emergency abortion in order to undergo cancer treatments in 2022, and asserted that se would have been unable to do so under current Florida aw. Under the current law, abortions may only be performed in the first six weeks of pregnancy or if the mother’s life is in danger or to “avert a serious risk of substantial and irreversible physical impairment.”

FPF stated that an October 3 DOH cease-and-desist letter informed local TV stations that if they aired “Caroline,” they may be held criminally liable for a “sanitary nuisance.” Florida law defines a sanitary nuisance as an act “by which the health or life of an individual, or the health or lives of individuals, may be threatened or impaired, or by which or through which, directly or indirectly, disease may be caused.”

DOH counsel stated in a motion filed against the injunction that the department’s actions were justified as “Caroline” promoted false information. They argued that there was no First Amendment violation as “false information about the availability of medical services” was not protected speech. They stated, “[i]f ending a pregnancy is necessary to save a woman’s life, Florida law permits it – Full Stop.”

US District Judge Mark Walter harshly rejected Florida’s arguments by stating, “[t]o keep it simple for the State of Florida: it’s the First Amendment, stupid.” He stated that DOH actions amounted to “unconstitutional coercion” of media outlets and censorship of political statements.

Florida is one of several states with proposed constitutional amendments on abortion. Nebraska approved two separate abortion amendments while Missouri passed stricter requirements that would make it more challenging to amend the state’s constitution.