Fla. Says It Won't Go After Stations for 'False' Abortion Ad

The Florida Department of Health won’t pursue enforcement against TV stations for running an ad supporting a state pro-choice measure, said a DOH filing Tuesday in U.S. District Court for the Northern District of Florida. However, DOH's filing said the ad relayed dangerous false information about the availability of abortions in Florida and so the First Amendment doesn't protect it. “The Constitution does not grant individuals a right to spread false information about the availability of lifesaving medical services,” said the DOH brief. In an affidavit submitted with the filing, a DOH official says the state doesn’t plan to prosecute TV stations over the ad. “The Department is currently unaware of any harm that has arisen from the airing of the ‘Caroline’ commercial,” said the statement from Cassandra Pasley, Florida DOH chief of staff. “Therefore, the Department is not moving forward with an enforcement action under these circumstances.” The stations aren’t facing the threat of enforcement and DOH never directly targeted Floridians Protecting Freedom (FPF) -- the group behind the ad and the lawsuit against Florida Surgeon General Joseph Ladapo -- so FPF doesn’t have standing, DOH argued. Although FPF has said DOH's letters prompted one TV station to drop the ad, FPF hasn’t proven that, DOH said. The FPF ad provides false information because in it a woman says that her doctors knew that if she didn’t end her pregnancy she would die and that Florida has banned abortion in cases like hers. “Florida law expressly permits abortion when the procedure is ‘necessary to save the pregnant woman’s life,'” the DOH filing said. The ad is “an out-and-out falsehood” that could lead vulnerable women in the state to “refrain from seeking lifesaving medical treatment or attempt to obtain such treatment in more dangerous ways because of the commercial’s lies,” the DOH filings said. FPF has presented testimony from physicians in previous court filings saying that under the narrow language of Florida’s abortion laws, the person shown in the ad wouldn't have been able to get a legal abortion. She has terminal cancer and needed treatment to prolong her life, which required termination of the pregnancy. “Because Caroline’s diagnosis was terminal, neither the cancer treatment the doctors wished to provide her, nor the abortion itself, could in fact save Caroline’s life or treat an immediately emergent issue, and thus would not qualify under the narrow existing exceptions to abortion under Florida law,” FPF said. The DOH disputed FPF’s argument and said the cancer information isn't included in the ad. “The fact that an individual will eventually succumb to some other illness does not prevent a doctor in Florida from providing lifesaving care to a pregnant woman,” the DOH filing said. The court should deny the request for a preliminary injunction, but if one is granted, it should expire on Election Day, when the ballot amendment will be decided, it added.