In this segment of the news program “America On the Docket,” host Carolyn interviews trial attorney Manny Medrano about a recent federal court order that temporarily blocks the state of Florida from censoring a pro‑abortion‑rights television advertisement produced by the group Floridians Protecting Freedom. The ad features a personal medical testimony urging voters to approve a constitutional amendment that would restore the right to abortion up to viability (about 24 weeks), contrasting it with Florida’s current six‑week limit. The Florida health department and the state’s Surgeon General attempted to issue a cease‑and‑desist order to TV stations, claiming the ad was false, but a federal judge (Mark Walker) issued a temporary restraining order (TRO) citing a clear First Amendment violation. Medrano emphasizes the judge’s blunt statement—“for the state of Florida, it’s the First Amendment, stupid”—and argues that the state’s action is illegal, would set a dangerous precedent for government‑controlled speech, and violates statutes that require TV stations to air political ads. He also references bar‑discipline rules, comparing the Florida attorneys’ conduct unfavorably to lawyers involved in the 2020 election disputes. The TRO remains in effect until October 29, after which the case will return to federal court for a decision on whether to extend the order. The interview underscores the legal stakes of the upcoming ballot amendment and the broader implications for free speech and abortion rights in Florida.
Chapters
Now back on the docket. The state of Florida can't keep an abortion rights group from airing TV ads, at least not for now. Yesterday, a federal judge issued a restraining order that blocks the state from censoring Floridians Protecting Freedom. That's the group behind a TV commercial that urges voters to approve a constitutional amendment that would restore a woman's right to an abortion in Florida up to viability, which is roughly 24 weeks. Right now, women have a 6-week window to terminate their pregnancies. The state threatened TV stations airing that ad to ban the ad with a cease and desist order, but the judge called that a clear violation of free speech. Here's a look at the ad in question.
When I saw the tumor on the MRI, my first thought was, am I going to be able to see my daughter again? The doctors knew if I did not end my pregnancy, I would lose my baby, I would lose my life, and my daughter would lose her mom. Florida has now banned abortion even in cases like Amendment 4 is gonna protect women like me. We have to vote yes.
Joining me now to discuss this case is Manny Mandrano, a trial attorney. Thanks so much for being here. The federal judge assigned to this case sided with the local TV stations, writing in his decision, quote, to keep it simple, for the state of Florida, it's the First Amendment, stupid. It doesn't get more blunt than that. What's your reaction?
Well, Carolyn, I can't get any more blunt than Judge Mark Walker's very cogent statement. By the way, I attended Harvard Law School, pardon me, as did Governor Ron DeSantis. Okay.
People calling you, you're going to see you on Scripps News.
Exactly. I apologize for that.
No, it's okay.
But Ron DeSantis attended Harvard Law School. So did I. And I guess the governor forgot everything he learned in his first year con law class. About the First Amendment and its sacrosanct nature, Carolyn. What the government and what the state government was doing here was egregious and simply illegal to try to prevent news broadcasters from airing TV ads about an amendment that is going to be on the ballot in early November. And the judge made the absolute correct legal decision. Now, I'm not making a political statement here. I'm just telling you what the law says. And the law says that a state government cannot come in, Carolyn, and stop you from saying something just by calling it false. Just think about the, the legal Armageddon that would result if the state government could do that. If they wanted to shut down all free speech, they would just say, well, you know what, what you're saying is a lie. If you keep broadcasting these ads, we're going to criminally charge you with misdemeanors. It is outrageous government by a conduct by the state government of Florida. And the judge unequivocally made the correct decision.
And many even more so. There are laws that say TV stations have to run political ads. They cannot say no to political ads, even if that political ad, say, were to have me saying something and then saying something negative in that ad about what I said. This station would still have to run that.
And you hit the nail on the head, Carolyn. That's absolutely correct, which is why what the state's health department was completely improper and illegal. That this was even permitted to be done. And by the way, if I were the government lawyers involved in this effort to shut down the First Amendment in the state of Florida, they should be, be, be scared. And I'll tell you why. Bar— state bar rules prevent you, Caroline, from making frivolous motions and arguments in court. Just ask the lawyers for Trump with the alleged stolen election of 2020. Many of those lawyers were either criminally prosecuted or disciplined by their respective state bars. So it's really amazing that it even got this far. But to be unequivocal about this, this Tallahassee federal judge made the right decision. It was based correctly on interpretation of the law. The First Amendment of the U.S. Constitution cannot brazenly be tossed aside by this kind of government action.
So there is a temporary restraining order now. The state health department, when they threatened to do this. There's a temporary restraining order now against Florida Surgeon General. What does that exactly do?
Well, the temporary restraining order issued by this federal judge is good to October 29th. At that point, everybody goes back to federal court to see if the judge is going to extend it past October 29th. Now, you can easily read the tea leaves here from this TRO that was granted because the judge has made an initial pass at the law and a review of the fact pattern, and he's found that yes, this violated the First Amendment. So he shut it down temporarily. I would be shocked if on October 29th the judge does just simply extend it, because again, the brazen and illegal conduct here by DeSantis and the state government in Florida just does not hold legal water at all.
Manny Mangiano, thank you so much for joining me. Appreciate you.
