The Republican Party of Florida has sued the owners of 11 television stations to block a Democratic campaign ad about the Hope Florida scandal, threatening broadcasters with criminal prosecution if they air material from a leaked grand jury report.
The lawsuit, filed Friday in Highlands County, names the Florida Democratic Party, three statewide Democratic candidates and station owners in the Orlando and Tampa Bay markets, including ABC, CBS, NBC and Fox affiliates. Republicans argue that an Oct. 7 court ruling ordering the grand jury report removed from court records makes broadcasting its contents illegal. Press freedom groups say the lawsuit threatens broadcasters’ First Amendment rights.
The 30-second ad, paid for by the Florida Democratic Party, references a grand jury’s finding that $10 million from a Medicaid-related settlement was improperly diverted for political purposes, a conclusion later rejected by a Florida appeals court. The money went through the Hope Florida Foundation and two nonprofits before reaching a political committee headed by James Uthmeier, then Gov. Ron DeSantis’ chief-of-staff and now Florida’s attorney general.
The grand jury did not indict anyone, citing insufficient evidence. In its Oct. 7 ruling, a Florida appeals court found that the grand jury had exceeded its authority by accusing individuals of wrongdoing without bringing charges. The court also rejected its legal conclusion that the $10 million had been misappropriated and ordered the report expunged.
Republicans are asking a judge to immediately block stations from airing the ad and prevent them from broadcasting other material based on the report.
In a separate letter to station managers, Republican Party attorney Benjamin Gibson warned that airing the ad would constitute criminal conduct under Florida law. The party also said it was referring the matter to state law enforcement and prosecutors for investigation, according to the Florida Trident, which first reported the lawsuit Sunday.
CBS News Miami obtained and published the grand jury report in August. The appeals court later ordered the report expunged but said it was not deciding whether its publication by the press was lawful.
Freedom of the Press Foundation Deputy Director of Advocacy Adam Rose condemned the lawsuit Monday, saying the dispute over how the report became public does not override journalists’ First Amendment protections.
“The Florida GOP should know that news outlets cannot be punished or censored for publishing information from whistleblowers, especially when the appellate court blamed a government employee for failing to keep it secret,” Rose said in a statement.
First Amendment Foundation Executive Director Bobby Block also criticized the lawsuit.
“This lawsuit is an attempt to ride roughshod over the First Amendment by trying to bully broadcasters into silence,” Block said. “Politicians do not get to decide what the press can report or what voters are allowed to know.”
Florida Democratic Party Chair Nikki Fried criticized the legal action Monday, accusing Republicans of trying to keep voters from learning about the scandal.
The lawsuit comes two weeks before the Nov. 3 election, when Uthmeier faces Democratic challenger Jose Javier Rodriguez in the attorney general’s race. The disputed ad also promotes Democratic gubernatorial nominee David Jolly and chief financial officer nominee Annette Taddeo.
The Republican Party of Florida did not immediately respond to TheWrap’s request for comment.
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