The very man who sent cease-and-desists to TV stations that aired pro-choice ads is now outta there. You may recall that Florida governor Ron DeSantis, the Man Who Beat the Pandemic and proceeded to leave pieces of his presidential ambitions all over Iowa as though it were the junkyard on Jakku, threatened television stations in that state that dared air television ads in favor of a referendum that would restore reproductive rights. In October, John Wilson, the general counsel for the Florida Department of Health, sent out letters to that effect to the state’s broadcast outlets. The whole mess is now in federal district court as Floridians Defending Freedom v. Ladapo and Wilson—the other defendant being Joseph Ladapo, the crackpot DeSantis made Florida’s surgeon general. On October 17, an affidavit was filed in support of the plaintiff. It was submitted by...John Wilson. And as he explains it, DeSantis’s big white bootprints are all over this blatant assault on the First Amendment.
In an affidavit filed on Monday, John Wilson, the former general counsel for Florida’s Department of Health, said that Sam Elliot, a top attorney for the DeSantis administration, provided him with pre-written letters to the TV stations on October 3. Wilson was directed by Ryan Newman and Jed Doty, both general counsel for the DeSantis administration, to send the letters under his own name, he stated in the affidavit. "I did not draft the letters or participate in any discussions about the letters prior to October 3," Wilson wrote.
Wilson resigned from his post the following week, a decision he said he made “in lieu of complying with directives from Newman and Doty to send out further correspondence to the media outlets,” after the threats to local outlets ignited outrage. "A man is nothing without his conscience," Wilson wrote in his resignation letter. "It has become clear in recent days that I cannot join you on the road that lies before this Agency."
Newman also directed Wilson to find outside attorneys who could be retained by the health department to assist with actions against the local stations, the affidavit said.
Wilson’s allegations come after local TV stations began airing an ad by Floridians Protecting Freedom, the group behind the state’s “Yes on 4 Campaign,” promoting a ballot measure seeking to overturn the state’s six-week abortion ban by enshrining abortion rights in the state’s constitution. The 30-second ad features a brain cancer survivor named Caroline, who says the state law would have barred her from receiving a life-saving abortion. “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,” Caroline says in the “Yes on 4 Campaign” ad. “Florida has now banned abortions, even in cases like mine.”
Shortly after the ads began airing, a handful of stations received cease-and-desist letters from Wilson on state health department letterhead threatening litigation within 24 hours should they fail to comply with orders.
In other words, Wilson had had enough of the DeSantis administration’s ratf*cking under the color of law, and he quit rather than remain a part of it. Good for him.
The DeSantis Administration's Assault on Free Speech
The DeSantis administration’s threats against the TV stations were widely condemned as a blatant attack on the First Amendment. The FCC chairwoman, Jessica Rosenworcel, said that “threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech.”
A Federal Judge Steps In
Floridians Protecting Freedom filed a lawsuit against Wilson and Joseph Ladapo, the state’s surgeon general, accusing the pair of engaging in “unconstitutional coercion and viewpoint discrimination.” On Thursday, a federal judge agreed that the department’s threats constituted “viewpoint discrimination,” granting a temporary restraining order against Ladapo.
The judge’s ruling is a major victory for free speech and a rebuke to DeSantis’s authoritarian tendencies. It is a reminder that the First Amendment is not a suggestion, but a fundamental right that must be protected.
DeSantis's Continued Attacks on Democracy
The DeSantis administration’s threats against the TV stations are just the latest in a series of attacks on democracy in Florida. DeSantis has also signed into law a bill that restricts voting rights, and he has appointed judges who are known for their conservative views. These actions have led some to worry that DeSantis is trying to create a one-party state in Florida.
DeSantis’s actions have also drawn the ire of many national commentators, who have accused him of being an authoritarian. In an article for the Orlando Sentinel, columnist Scott Maxwell wrote that DeSantis “has repeatedly weaponized government against its own citizens in recent years, unbridled by lickspittle legislators who lack the spine or integrity to rein in behavior they know is both un-American and unconstitutional.”
The Future of Free Speech in Florida
The future of free speech in Florida is uncertain. DeSantis has shown himself to be willing to use his power to silence dissenting voices. However, the federal judge’s ruling in the TV stations case is a sign that there are still safeguards in place to protect the First Amendment.
It remains to be seen whether DeSantis will continue his attacks on free speech, or whether he will be deterred by the judge’s ruling. But one thing is clear: the fight for free speech in Florida is far from over.
The End of the Road?
It is clear that the DeSantis administration's attack on the First Amendment is a part of a larger pattern of authoritarian behavior. This pattern is not unique to DeSantis, but it is especially concerning in a state like Florida, which has a history of voter suppression and other efforts to restrict civil liberties. The fight for free speech in Florida is a fight for the soul of American democracy. And it is a fight that we cannot afford to lose.
