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Judge slaps down Florida effort to ban abortion ad: ‘It’s the first amendment, stupid’ (www.theguardian.com)

submitted 4 weeks ago by [email protected] to c/[email protected]

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State health department sent letter to stations demanding they not air TV ad backing abortion access ballot measure

Florida's health department can't block a TV advertisement in support of a ballot measure that would protect abortion rights, a federal judge ruled on Thursday, after the department sent letters to local TV stations commanding them to stop airing the ad or risk criminal consequences.

"The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is 'false'," US district judge Mark E Walker wrote in his ruling. "To keep it simple for the State of Florida: it's the First Amendment, stupid."

Florida is one of 10 states set to vote on abortion-related ballot measures in November. If enacted, Florida's measure would enshrine abortion rights into the state constitution and roll back the state's six-week ban on the procedure, which took effect in May.

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[–] [email protected] 4 points 3 weeks ago (2 children)

Didn't read the full article, but the summary conclusion that "it can't be shut down because it's false" is a bit worrying.

While it's definitely the correct verdict, just on that basis, then wild misinformation ads would be OK too...

[–] [email protected] 3 points 3 weeks ago

I did read the article and the summary conclusion you presented is not the argument, nor what is at stake. Also, wild information ads are already demonstrably "OK too".

The ad in question is not false, but others around Florida certainly are.

I was pretty confused by this article because I don't watch TV and haven't seen the ad. I have seen billboard ads that say something like "Amendment 4 will allow abortion until birth." Which is absolutely misinformation. According to the article, the ad that the surgeon general is trying to block has a woman who says that the current abortion ban would block her from life saving care. While the surgeon general is saying this is false, it unfortunately is true in practice even if not in the spirit of what is written. At the end of the day, doctors have to interpret a vague law to determine what care the patient will receive from them. Florida has not published information on maternal mortality rates since overturning roe, but Georgia has proven that the restrictive vague laws result in maternal deaths due to a lack of access to life saving abortions.

it can't be shut down because it is protected speech.

When you disagree with other's political statements, you lawfully respond by making your own case -- not silencing the other side. Public discourse.

[–] [email protected] 2 points 3 weeks ago

wild misinformation ads would be OK too...

Yes. Because the government is not the supreme arbiter of truth. If someone wants to put out an advert saying the sky is yellow they can. Our society functions on the principle that an open market of ideas will result in the best ideas prospering while a closed market of ideas would stifle new better ideas.