‘Wrong, Both Morally And Legally’: Florida AG Slams FCC For Defending Abortion Misinformation

As Florida seeks to combat misinformation about the state’s abortion laws, the Federal Communications Commission (FCC) is drawing fire for defending local TV stations airing false pro-abortion advertisements — and claiming that it is “dangerous” for the state to push back on these ads.

In a letter to FCC Chairwoman Jessica Rosenworcel obtained by The Daily Wire, Florida Attorney General Ashley Moody tore into the agency for defending TV stations that aired an ad falsely claiming a woman in Florida with brain cancer could not get an abortion to save her life. In Florida, the state’s attorney general pointed out, pro-life laws allow exceptions to save the mother’s life and to prevent permanent injuries.

“I am shocked that you would use the power of the FCC to promote such an obvious misstatement of fact, which undermines the mission and credibility of your agency,” Moody wrote in the Oct. 16 letter.

The controversy comes as Republican Florida Governor Ron DeSantis and his administration aggressively push back against the pro-abortion ballot initiative Amendment 4. The initiative would massively expand abortion access in the state, superseding Florida’s law protecting unborn babies with a heartbeat, and would establish a “constitutional right to abortion before fetal viability,” before a baby can survive outside the womb.

DeSantis has argued that the amendment would attract “abortion tourism,” and warned that, as is typical with these amendments, its language is crafted to confuse voters.

(Photo by CHANDAN KHANNA/AFP via Getty Images)

Polling released Monday by the University of North Florida’s Public Opinion Research Lab (PORL), shows support for the amendment has dropped to the bare minimum 60% needed to pass — down 9% from June, when campaigning against Amendment 4 picked up, according to PORL faculty director and political science professor Michael Binder.

“Now, just barely reaching the 60% it needs to pass, it looks like the fate of abortion in Florida will come down to turnout on Election Day,” Binder told the Tallahassee Democrat.

Pro-abortion groups behind the amendment, such as “Yes On 4 Florida,” argue that Florida’s pro-life laws put women’s lives in danger, but have failed to provide concrete evidence of such claims. The group’s latest ad, “Yes on 4 Florida,” depicts a cancer patient inaccurately claiming that pregnant women diagnosed with cancer cannot get abortions in Florida.

“Amendment 4 is going to protect women like me,” states a woman named Caroline, as she describes how she was diagnosed with stage-four brain cancer while pregnant with her second baby. “We have to vote yes.”

The state’s Department of Health previously sent a cease and desist letter to TV stations airing the ad, saying that the “advertisement is not only false; it is dangerous,” and warning that DOH has the ability to “institute criminal proceedings in the county court.”

“Women faced with pregnancy complications posing a serious risk of death or substantial and irreversible physical impairment may and should seek medical treatment in Florida,” wrote DOH General Counsel John Wilson.

“However, if they are led to believe that such treatment is unavailable under Florida law, such women could foreseeably travel out of state to seek emergency medical care, seek emergency medical care from unlicensed providers in Florida, or not seek emergency medical care at all,” he added, according to Florida Politics.

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In Moody’s letter to Rosenworcel, the Florida attorney general slams the chairwoman for making a statement to the press that is “wrong, both morally and legally.”

Rosenworcel had condemned the Florida DOH’s warning to TV stations, claiming that the move infringed on free speech and 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.”

“I write in response to your recent press statement…in which you suggest that the First Amendment prevents Florida from addressing false speech that jeopardizes the health and safety of women,” Moody wrote. “Your press statement is wrong, both morally and legally, and I was disappointed to see you use the Federal Communications Commission (FCC) to support an obvious misstatement of fact.”

Moody accused “certain pro-abortion activists” of lying about abortion “to women in hopes of gaining their support, even when doing so endangers these women by discouraging them from seeking available, lifesaving treatment.”

After Florida’s law protecting babies with a heartbeat went into effect, pro-abortion activists falsely claimed that women would be denied treatment in Florida if they had an ectopic pregnancy, which is a “life threatening condition,” as Moody wrote.

(Photo by CHANDAN KHANNA/AFP via Getty Images)

“That is, of course, false,” she wrote. “Nonetheless, the Florida Agency for Health Care Administration was forced to issue an emergency rule to combat this dangerous gamesmanship and ensure that women know that emergency medical care is available to them under Florida law.”

Moody slammed the FCC chairwoman for calling the Florida DOH’s letter “dangerous,” particularly given “the patently false nature” of the pro-abortion ad falsely claiming that women with stage-four brain cancer cannot get an abortion in Florida.

“Your legal error aside,” she wrote, “I am shocked that you would use the power of the FCC to promote such an obvious misstatement of fact, which undermines the mission and credibility of your agency.”

“When Floridians vote on Amendment 4 this November, they have the right to know the truth,” she said. “Even more important, when women face life threatening conditions, they have the right to know that lifesaving treatment is available to them. I hope that, under your leadership, the FCC can get back to doing its job and not recklessly intrude on our State’s role in protecting women’s health.”

Rosenworcel did not immediately respond to a request for comment from The Daily Wire.

In September, The Daily Wire reported that the Florida Department of State is investigating evidence of fraudulent abortion amendment petition gathering related to Amendment 4.

“The Department of State has uncovered evidence of illegal conduct with fraudulent petitions,” the spokesman told The Daily Wire. “We have a duty to seek justice for Florida citizens who were victimized by fraud and safeguard the integrity of Florida’s elections.”

“Our office will continue this investigation and make referrals to [Florida Department of Law Enforcement] as appropriate,” he added.

The abortion amendments are the latest strategy of left-wing activists to circumvent pro-life laws and lawmakers. After the Supreme Court overturned Roe v. Wade in May 2022, pro-abortion groups began ramping up efforts to craft ballot measures that enshrine a “right” to abortion into state constitutions — even in red states — and the efforts have been effective.

In Michigan, voters legalized abortion up until birth through a November 2022 ballot initiative that prohibits any laws protecting the unborn if a “health care professional” deems the abortion “medically needed to protect a patient’s life or physical or mental health.”

Up to 10 states could have abortion measures on the ballot in 2024, according to a KFF ballot tracker. These pro-abortion amendments often receive monetary support from leftist activist groups like Planned Parenthood and the American Civil Liberties Union, or from politicians and celebrities like former President Barack Obama and singer John Legend.

READ: Florida Attorney General Ashley Moody’s Letter To FCC Chairwoman Jessica Rosenworcel.