Liberty Counsel filed an amicus brief in Adam Richardson v. Secretary, Florida Agency for Health Care Administration, et al., stating that elected officials have a First Amendment right to speak in their official capacities on matters of public concern, especially on issues affecting their constituents. In this case, the concern is regarding Governor Ron DeSantis and Attorney General Ashley Moody’s advocacy against the Florida abortion amendment on the November ballot.
The Florida Supreme Court has expeditated this case where Palm Beach County-based attorney Adam Richardson filed a “Petition for Writs of Quo Warranto, Writs of Mandamus, and All Writs Relief” against Governor Ron DeSantis and other state officials for “unlawfully using their offices and agencies to interfere with the election for Amendment 4.”
Governor DeSantis, Attorney General Moody, and Agency for Health Care Administration Secretary Jason Weida will file a response today and Richardson has until 9:00 a.m. on September 30, 2024, to reply.
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Liberty Counsel presents the facts that the petition is an unconstitutional attempt to censor the lawful speech of government officials. The U.S. Supreme Court has long held that elected officials have a constitutional right to speak freely about matters of public concern. Government agencies and their representatives have the right to speak regarding issues of public concern and they also may collaborate with private parties to advance the government’s message affecting the constituents they serve. Therefore, Governor DeSantis and Attorney General Moody’s advocacy against Amendment 4 is an example of the speech the First Amendment protects.
On Tuesday, November 5, 2024, Florida voters will have a chance to reject or ratify Amendment 4, which is titled “Amendment to Limit Government Interference with Abortion.” Amending the state’s constitution requires approval by a 60 percent majority.
Liberty Counsel Founder and Chairman Mat Staver stated, “Government officials have the First Amendment right to speak in their official capacities on matters of public concern. Florida’s abortion amendment could have a devastating effect on the state’s residents if passed. Governor DeSantis and Attorney General Ashley Moody’s participation in the public debate over Amendment 4 is not only permissible but it is essential. They cannot ignore their obligation to educate the public about this deceptive and extreme abortion amendment.”
