John Wilson, an attorney who until recently served as the general counsel for the Florida Department of Health, filed a statement with a federal court that he was ordered by Florida Gov. Ron DeSantis' office to threaten TV stations with criminal prosecution if they aired ads in support of a constitutional referendum overturning the state's six-week abortion ban — and that he resigned rather than continue sending the warnings.
"On October 3, 2024, in my official capacity as General Counsel, I sent the letters referenced in paragraph 4 of Plaintiff’s complaint," said the filing. "I received drafts of the letters directly from Sam Elliot, Assistant General Counsel for the Executive Office of the Governor, earlier that day. I did not draft the letters or participate in any discussions about the letters prior to October 3, 2024. Ryan Newman, General Counsel for the Executive Office of the Governor, and Jed Doty, Deputy General Counsel for the Executive Office of the Governor, directed me to send them under my name and on the behalf of the Florida Department of Health,"
"On October 10, 2024, I resigned from my position as General Counsel in lieu of complying with directives from Newman and Doty to send out further correspondence to the media outlets, similar to the October 3, 2024 letters," Wilson's filing continued. "On October 10, 2024, prior to my resignation, I was directed by Mr. Newman to execute contracts for outside counsel to be retained by the Department to assist with enforcement proceedings pursuant to the October 3, 2024 letters."
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This comes after a federal court issued a scathing order directing the Department of Health and its leader, Joseph Ladapo, to cease their threats against TV stations, calling it a blatant violation of the First Amendment.
The Department of Health had threatened prosecution against stations and their employees under an obscure "sanitary nuisance" law, which is typically used against public health hazards like improper management of sewage. The argument was that the ads were falsely overstating how restrictive Florida's abortion ban was, which might cause some women undergoing health complications from pregnancy not to seek treatment and therefore endanger public health. However, the ads' claims were not false, and the court determined that even if they were, it would be irrelevant as they are protected political speech.
Florida's Amendment 4 would repeal the state's near-total ban on elective abortion procedures and restore the protections guaranteed by Roe v. Wade before the Supreme Court overturned them. The measure requires at least 60 percent approval from voters to pass.