“Comically Unconstitutional”: DeSantis Faces Criticism Over Abortion Rights Crackdown
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Florida Governor Ron DeSantis’ latest attempt to suppress a ballot referendum campaign aiming to restore abortion rights in the state has been labeled “comically unconstitutional” by legal reporter Mark Joseph Stern in a recent Slate column. DeSantis’ aggressive tactics, which include intimidation and threats of legal action, have sparked outrage and raised questions about the governor’s adherence to First Amendment rights.
The campaign, known as Amendment 4, has already faced challenges, with police questioning individuals who signed petitions supporting the measure. However, the situation escalated when DeSantis’ Department of Health issued a letter threatening to prosecute TV stations airing ads in favor of the amendment under a “sanitary nuisance” law—a regulation designed to address physical pollution hazards like unsealed septic tanks. If enforced, this could result in TV station employees facing up to 60 days in jail.
Stern did not mince words in his analysis. “This is a blatant attack on the First Amendment,” he wrote. The Department of Health claims that the advertisement is “false” and “dangerous” because it suggests that Florida’s six-week abortion ban endangers the health and lives of pregnant women. Stern, however, argued that the ad’s message is not only accurate but constitutionally protected.
“It is demonstrably true that Florida’s ban jeopardizes the well-being of women,” Stern wrote. “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.”
The ad in question featured a woman named Caroline, who explained she needed an abortion to undergo chemotherapy for a life-threatening brain tumor. The Department of Health insisted the ad was misleading, citing Florida’s exception for cases of “substantial and irreversible physical impairment of a major bodily function.” However, Stern highlighted that doctors are often too fearful to act under these exceptions due to the looming threat of a five-year prison sentence, leaving women who qualify for abortions struggling to receive the necessary care.
Stern emphasized that this latest move was not an isolated incident. “None of this came from out of the blue,” he wrote, noting that DeSantis “has committed a head-spinning number of First Amendment violations since assuming office in 2019.”
In his column, Stern cited several examples, including conservative judges striking down DeSantis’ laws like the STOP Woke Act, which aimed to limit speech about diversity in the workplace, and other laws censoring ballot initiative discussions. Even former President Donald Trump weighed in, criticizing the six-week ban as “too short” but falsely claiming that Amendment 4 would allow “the execution of babies after birth.”
Stern’s analysis underscores the ongoing legal and political battles surrounding DeSantis’ governance, particularly his willingness to challenge constitutional rights to suppress opposition. As the debate over Amendment 4 intensifies, his tactics are likely to face further scrutiny, both in the courts and the court of public opinion.
