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Florida’s Department of Health is threatening to bring criminal charges against local TV stations for airing a campaign ad that aims to overturn the state’s six-week abortion ban. The move has been criticized as an abuse of power, prompting the Democratic chair of the Federal Communications Commission to intervene. Jessica Rosenworcel, the FCC chair, emphasized the importance of broadcasters’ freedom of speech in airing political content, stating that threats against stations for airing content opposed to the government’s views are dangerous.

The FCC’s support for the stations is significant as the federal agency controls broadcast licenses nationwide. The Florida Department of Health cited local statutes in cease-and-desist letters sent to WCJB in Gainesville and WFLA in Tampa. The letters are linked to the political battle over Amendment 4, a ballot measure to enshrine abortion rights in Florida’s constitution. The state government, led by Gov. Ron DeSantis, has campaigned against the amendment, including airing its own TV ads.

The cease-and-desist letters from the health department’s general counsel, John Wilson, targeted an ad produced by Floridians Protecting Freedom in support of the “Yes on 4 Campaign” advocating for abortion rights. The ad features a woman named Caroline who faced a difficult decision due to a brain cancer diagnosis during her pregnancy. Wilson’s letter claims that the ad spreads false information about Florida law and could be harmful to public health, potentially leading to criminal action by the health department.

Floridians Protecting Freedom pushed back against Wilson’s letter, calling it unconstitutional and a violation of the First Amendment. The FCC chair’s statement on Tuesday also supported the stations’ right to air political ads without fear of government reprisal. Despite the health department’s threats, the local stations continued to air the ads, indicating a willingness to stand up for freedom of speech and the dissemination of political information. The situation highlights the contentious and high-stakes nature of the debate over abortion rights in Florida.

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