Mark Joseph Stern writes:

Florida Gov. Ron DeSantis’ administration is threatening TV stations that air ads in support of an abortion rights ballot initiative with criminal penalties, including jail time.

DeSantis and his allies are already spending large sums of taxpayer dollars to fight Amendment 4, which would enshrine abortion rights in the state constitution if voted into law in November. His “election police” have interrogated and intimidated residents who signed petitions to put it on the ballot. His administration created a publicly funded, state-run website condemning the amendment, and has run ads promoting the current law, which bans abortions after six weeks.

Now, however, DeSantis is escalating the battle: On Oct. 3, his Department of Health sent a letter to at least one local NBC affiliate suggesting that prosecutors could bring criminal charges against the TV station for airing ads that encourage residents to vote for the amendment. The letter, first reported by investigative journalist Jason Garcia, asserted that the ads violate Florida’s “sanitary nuisance” law and that stations may commit a second-degree misdemeanor by carrying them, subjecting their employees to a 60-day jail sentence.

The Florida Department of Health’s allegations are absurd on several levels. The agency claims that the advertisement in question is “false” and “dangerous” because it informs viewers that the state’s six-week ban imperils the life and health of pregnant women. But it is demonstrably true that Florida’s ban jeopardizes the well-being of women. Moreover, even if the ad exaggerated these harms—indeed, even if it were arguably false—it would still receive bulletproof First Amendment protections. And TV stations would have an insurmountable constitutional shield against any punishment for airing it. [Continue reading…]