Florida Supreme Court rules on Amendment 4 challenges in 2024
- The Florida Supreme Court denied a petition alleging that state officials were unlawfully interfering with the Amendment 4 abortion rights initiative.
- The court ruled that the petitioner failed to demonstrate a clear legal right and that state officials have a duty to inform the public about their concerns.
- This ruling comes amid tensions over the state's actions against TV stations airing ads related to the amendment, raising First Amendment issues.
In Florida, the Supreme Court recently denied a petition from Palm Beach County lawyer Adam Richardson, who accused state officials, including Governor Ron DeSantis, of unlawfully interfering with the Amendment 4 abortion rights initiative. Richardson's petition claimed that the Agency for Health Care Administration (AHCA) was spreading misinformation about the amendment on a state website, which he argued was harmful to women and children. The court ruled that Richardson's request was outside the traditional scope of mandamus and that he failed to demonstrate a clear legal right or that no other remedy existed for the alleged wrong. The court did not address whether state officials have immunity from laws preventing them from influencing elections. Earlier, Attorney General Ashley Moody had urged the court to dismiss Richardson's request, asserting that state officials have a duty to inform the public about their concerns regarding the amendment. This ruling follows a series of actions by the Department of Health, which sent cease and desist letters to TV stations, warning them of potential criminal prosecution for airing ads related to Amendment 4. The Federal Communications Commission has since rebuked Florida's threats, stating they violate the First Amendment, highlighting the ongoing tensions surrounding the amendment and the state's response to it.