Attorneys working for Florida Governor Ron DeSantis played a significant role in drafting legal threats against local television stations for airing an advertisement advocating abortion rights, according to a newly filed affidavit. The affidavit, filed on Monday by John Wilson, former general counsel for Florida's Department of Health, provides insight into the aggressive tactics used by the DeSantis administration in its battle over abortion policy and press freedom.
Wilson stated in his affidavit that he was given pre-written cease-and-desist letters on October 3 by Sam Elliot, a senior attorney for the DeSantis administration. He was instructed by Ryan Newman and Jed Doty, both general counsels in the administration, to send these letters to television stations under his own name, even though he was not involved in the initial drafting or discussions about them.
"I did not draft the letters or participate in any discussions about the letters prior to October 3," Wilson wrote, making clear that he was brought in to execute a decision already made by others.
The cease-and-desist letters were directed at television stations airing an ad from Floridians Protecting Freedom, a group leading the "Yes on 4 Campaign." The campaign aims to pass a ballot measure that would protect abortion rights in Florida by overturning the state's current six-week abortion ban. The ad featured Caroline, a brain cancer survivor, who shared her story about how the restrictive abortion law in Florida would have prevented her from receiving a life-saving procedure.
"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 ad. "Florida has now banned abortions, even in cases like mine."
Within days of the ad's airing, local television stations received cease-and-desist letters, signed by Wilson and bearing the letterhead of the Florida Department of Health, threatening legal action if the ads were not pulled within 24 hours. Wilson chose to resign from his position just a week later, citing ethical concerns.
"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." In his affidavit, Wilson also mentioned that he was directed by Newman to find outside attorneys to assist the health department with potential lawsuits against the stations.
The DeSantis administration's aggressive tactics drew immediate backlash, both from the legal community and the public. Floridians Protecting Freedom responded by filing a lawsuit against Wilson and Florida Surgeon General Joseph Ladapo, accusing them of engaging in "unconstitutional coercion and viewpoint discrimination." Last Thursday, a federal judge granted a temporary restraining order against Ladapo, deeming the state's threats to be a form of "viewpoint discrimination."
Judge Mark Walker, who issued the ruling, did not mince words. "To keep it simple for the State of Florida, it's the First Amendment, stupid," Walker wrote, making it clear that the state's actions infringed upon fundamental free speech rights. The ruling highlighted the dangers of using state power to suppress political viewpoints that differ from the government's stance.
Federal Communications Commission (FCC) chairwoman Jessica Rosenworcel also weighed in, stating 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." Her comments echoed concerns from other free speech advocates who warned of the precedent being set by Florida's actions.
The cease-and-desist letters were part of a broader effort by the DeSantis administration to counter the Amendment 4 initiative, which seeks to amend Florida's constitution to protect abortion rights. If approved, Amendment 4 would nullify Florida's six-week abortion ban and significantly limit the state's ability to impose future restrictions on abortion access.
In addition to legal threats, the DeSantis administration deployed election police to question individuals who had signed petitions supporting Amendment 4. State-funded websites and social media accounts accused the campaign of spreading false information, while state investigators accused petitioners of engaging in fraudulent activities. Critics argue that these actions were designed to intimidate voters and undermine support for Amendment 4.
Dan Marshall, a Florida civil rights attorney working with Southern Legal Counsel, expressed concern about the administration's actions. "We believe that it's rightfully on the ballot and that there are no grounds to challenge it at this point," Marshall said. "If the state tries to do it, then there will be a fight about it."
The stakes surrounding Amendment 4 are particularly high, as its passage would directly oppose Governor DeSantis's anti-abortion agenda. Florida State Representative Anna Eskamani criticized the administration's tactics, accusing them of using misinformation and taxpayer dollars to derail the campaign. "I can only assume that our path to victory is so clear, even for our opposition, that all they can do is spread misinformation," Eskamani said.
The DeSantis administration, however, defended its actions, with the governor stating that everything had been done "above board" and denying allegations of electioneering. He claimed that "there's a lot of seedy activity going on," referring to the petitioning process, and suggested reforms to prevent similar situations in the future.
Weeks later, the administration released a lengthy 348-page report alleging widespread fraud in the petitioning process, though it failed to provide substantive evidence to support many of its claims. The report accused the campaign of illegally paying petitioners and argued that over 16 percent of the petitions should not have been validated.
"Yes On 4" campaign director Lauren Brenzel dismissed the report as a "desperate attempt to silence voters." Petitioners had collected over 900,000 verified signatures, which were subsequently reviewed by county election officials. The allegations in the report, many argue, were simply another effort by the DeSantis administration to discredit the campaign.
As the fight over Amendment 4 continues, Florida has become a focal point for the national debate over reproductive rights, the power of government, and the limits of free speech. Advocates warn that the outcome of these legal battles could have significant ramifications beyond Florida, affecting similar efforts across the country.
"Florida was the refuge for those seeking access to reproductive care," Eskamani said. "This election is not just about Florida women. It's about patients across the southeast who need access to care."
