The ACLU of Florida and Southern Legal Counsel sued the Florida Agency for Health Care Administration, accusing it of using taxpayer funds to spread misinformation to influence public opinion against a proposed abortion rights amendment.
The American Civil Liberties Union of Florida and Southern Legal Counsel filed a lawsuit Thursday against the Florida Agency for Health Care Administration (AHCA), accusing the state of running a taxpayer-funded misinformation campaign aimed at swaying public opinion against Amendment 4, a proposed constitutional amendment on abortion rights.
The lawsuit, filed in Leon County’s Second Judicial Circuit, claims the agency is using public resources to disseminate false and misleading information through its website, television, and radio advertisements ahead of the November 5, 2024, election. The plaintiffs argue the campaign misrepresents the purpose of Amendment 4, which seeks to limit government interference with abortion access.
Florida law prohibits state officials and employees from engaging in political advocacy while using public resources, and the lawsuit asserts that AHCA has violated these statutes by engaging in this campaign.
“Florida’s government has crossed a dangerous line by using public resources to mislead voters and manipulate their choices in the upcoming election,” said Michelle Morton, a staff attorney for the ACLU of Florida. “The State cannot justify its current abortion ban and its dire impacts on Florida’s voters, so instead it is attempting to undermine the political power of the people enshrined in Florida’s Constitution. This lawsuit aims to stop these unconstitutional efforts and restore integrity to our electoral process.”
Amendment 4, placed on the ballot through a citizen-led initiative, would amend the state constitution to ensure that no laws can restrict or delay abortion before fetal viability or when necessary to protect the patient’s health. The Florida Supreme Court approved the amendment’s language for the ballot in April.
The plaintiffs allege that AHCA’s campaign includes inaccurate claims about the amendment’s effects, such as assertions that it would undermine women’s safety and eliminate parental consent requirements for minors seeking abortions. The lawsuit claims these statements are intended to mislead voters and distort the facts about Amendment 4, in violation of Florida’s constitutional protections for citizen initiatives.
The lawsuit further asserts that AHCA’s actions violate state laws prohibiting public officials and employees from using their positions to engage in political advocacy. The plaintiffs are seeking a court order to stop AHCA from disseminating what they call misleading information and an emergency injunction to remove existing content from state-funded platforms.
“The State’s materials misrepresent what the Amendment would do, make allegations that are explicitly refuted by the language of the Amendment itself, and mislead through both inaccurate statements and through omission of countervailing information,” the lawsuit contends. “Such actions violate the political power that has been constitutionally reserved to the people, and therefore should be enjoined.”
The lawsuit requests an emergency injunction to halt AHCA’s campaign immediately. It also seeks to have all misleading content removed from the agency’s website and broadcast platforms.
The ACLU and Southern Legal Counsel’s action is the second such complaint filed following the launch of AHCA’s website. Last week, Palm Beach attorney Josh Richardson submitted a separate case alleging that AHCA Secretary Jason Weida, along with Gov. Ron DeSantis and Attorney General Ashley Moody, improperly used state resources and their official positions to influence public opinion against Amendment 4. Richardson’s petition, filed on September 10, asserts that these actions violate Florida statutes prohibiting state officials from using their authority to sway election outcomes.
The Florida Supreme Court announced on Wednesday that it will expedite the case.
During a Tuesday press conference, DeSantis defended the AHCA website, arguing that it is providing accurate information about Florida’s abortion laws, which he claims are being misrepresented by Amendment 4 supporters. According to the governor, the website outlines current state laws and available resources, particularly the legislation allowing abortion up until a fetal heartbeat is detected, with exceptions for rape, incest, the health of the mother, and human trafficking victims. He subsequently criticized opponents of the website for “spreading false information about the state’s laws,” claiming they do so to gain political advantage.
“It’s providing information about what Florida law is and the resources that’ll that are available under that law. They don’t like that because they’re lying about what’s in Florida law,” DeSantis said. “They’re pitching a fit because they want to lie. We have a responsibility to tell the truth about what the policies are in the state of Florida, and that is 100 percent accurate.”