FCC Chair: Attempts To Prosecute TV Stations for Airing Abortion Ad Are ‘Dangerous’

FCC chair Jessica Rosenworcel
FCC chairwoman Jessica Rosenworcel (Image credit: Kevin Dietsch/Getty Images)

WASHINGTON—The controversy over a Florida ballot measure that would enshrine the right to an abortion into the state’s constitution has spilled over to the FCC.

Following reports that TV stations in Florida received letters from the Florida Department of Health threatening to bring criminal charges against the stations for airing political ads supporting Amendment 4, FCC chairwoman Jessica Rosenworcel has issued a statement strongly condemning the threats.

“The right of broadcasters to speak freely is rooted in the First Amendment,” Rosenworcel, a Democrat, said. “Threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech.”

The cease and desist letter from the Department of Health was received by WCJB-TV Gainesville and other stations for airing an ad supporting ballot measure that would protect abortion rights by adding them to the state constitution.

The state currently has a ban on abortions with very limited exceptions after six weeks. The ad tells the story of a pregnant cancer patient who said she had to leave the state to get an abortion needed to save her life.

“The doctors knew that if I did not end my pregnancy, I would lose my baby, I would lose my life,” the woman said in the ad. “And my daughter would lose her mom. Florida has now banned abortion even in cases like mine. Amendment 4 is going to protect women like me. We have to vote ‘yes.’ ”

Prior to the letter, Florida Gov. Ron DeSantis, a Republican, had been attempting to block the ballot measure and had been spending public money on ads defending the six-week abortion ban that the ballot measure would overturn.

The letter to stations escalated that battle saying the ad was both “false” and “dangerous.”

If the stations didn’t stop airing the ad, the Department of Health threatened to prosecute them for violating sanitary nuisance laws typically used to prosecute people for things like overflowing septic tanks.

The full text of the Department of Health letter can be found here.

George Winslow

George Winslow is the senior content producer for TV Tech. He has written about the television, media and technology industries for nearly 30 years for such publications as Broadcasting & Cable, Multichannel News and TV Tech. Over the years, he has edited a number of magazines, including Multichannel News International and World Screen, and moderated panels at such major industry events as NAB and MIP TV. He has published two books and dozens of encyclopedia articles on such subjects as the media, New York City history and economics.