Michael Huber 
CNN
—
In a move that critics are calling a flagrant abuse of power, Florida’s Department of Health is threatening to bring criminal charges against local TV stations airing a campaign ad to overturn the state’s six-week abortion ban signed by Gov. Ron DeSantis.
The unusual warning from the Republican-controlled state agency prompted the Democratic chair of the Federal Communications Commission to step in on Tuesday.
Jessica Rosenworcel, the FCC chair, said 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 a 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 FCC’s show of support for the stations is noteworthy given the federal agency controls broadcast station licenses across the country.
The Florida Department of Health, however, cited local statutes in the cease-and-desist letters sent last week to WCJB in Gainesville and WFLA in Tampa.
The threat from the health department underscores the intensity of the political battle over Amendment 4, a ballot measure that would enshrine abortion rights in Florida’s constitution. The state government led by DeSantis has campaigned aggressively against the amendment, including by running its own TV ads.
The cease-and-desist letters from John Wilson, general counsel for the state health department, appear to be part of that campaign. The letters were first reported by Orlando investigative journalist Jason Garcia and state news outlet Florida Politics.
In the letters, Wilson targeted an ad produced by the group Floridians Protecting Freedom, which is behind the “Yes on 4 Campaign” in favor of abortion rights.
The 30-second ad depicts a woman named Caroline who became pregnant with her second child after a brain cancer diagnosis.
“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,” the woman says in the ad. “Florida has now banned abortions, even in cases like mine.”
The ad then encourages viewers to vote for the amendment this fall.
Wilson’s letter says it is “categorically false” to claim that “current Florida law does not allow physicians to perform abortions necessary to preserve the lives and health of pregnant women.” Thus, he wrote, airing the ad is “dangerous” to the public’s health, and the health department could use its legal powers to initiate criminal proceedings.
Floridians Protecting Freedom responded to Wilson’s letter by calling it “unconstitutional state action” and “a textbook example of government coercion that violates the First Amendment.”
Tuesday’s statement from the FCC chair indicates that she feels the same way.
The health department did not immediately respond to CNN’s request for comment about the FCC rebuke. The local stations did not respond to requests for comment, but both stations continued to air the ads on Tuesday.
