Florida judge rejects attempt to block AHCA’s anti-Amendment 4 messaging

TALLAHASSEE, Fla. — A Leon County circuit judge on Monday refused to issue a temporary injunction to prevent the state Agency for Health Care Administration (AHCA) from disseminating what opponents claim is “misinformation” about a proposed constitutional amendment on abortion rights. The amendment, known as Amendment 4, will appear on the November ballot and seeks to enshrine abortion rights in Florida’s Constitution.

READ: Gov. Ron DeSantis defends AHCA’s anti-Amendment 4 webpage, DOS investigation into petition fraud

Judge Jonathan Sjostrom ruled against Floridians Protecting Freedom, the political committee sponsoring the amendment, stating, “Courts must trust the people to decide what information is important to them.” He found the case was “not justiciable by courts because political power is reserved to the people in an election by means of each ballot.”

Floridians Protecting Freedom filed the lawsuit on Sept. 12, claiming that AHCA’s website and ads spread inaccurate information, including statements like, “Current Florida Law Protects Women, Amendment 4 Threatens Women’s Safety.” The group argued that the agency’s actions violated their right to propose constitutional amendments.

Attorneys for the state countered that the Constitution does not give the committee the “right to muzzle AHCA’s public statements about an issue of immense public concern.” They also defended AHCA’s statements, asserting the agency had not made false or misleading claims about Amendment 4.

Judge Sjostrom emphasized that his ruling did not express any views on the merits of the proposed amendment or the accuracy of the information shared. He concluded that voters, not the courts, must determine the validity of the arguments presented during the campaign.

Amendment 4 would prohibit restrictions on abortion before fetal viability or when necessary to protect the patient’s health. Floridians Protecting Freedom began the push for the amendment after the passage of a law banning most abortions after six weeks of pregnancy, which took effect in May.

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