The primary group supporting Amendment 4, Floridians Protecting Freedom, is running television ads supporting its passage. One such ad is a first-personal narrative of a woman named Caroline who was diagnosed with brain cancer while pregnant with her second child. “The doctors knew that if I did not end my pregnancy, I would lose my baby, I would lose my life, and my daughter would lose her mom,” Caroline says in the ad. “Florida has now banned abortion, even in cases like mine.” Caroline urges voters to support Amendment 4 to “protect women like me.”

On October 3, the Florida Department of Health sent a letter to Mark Higgins, the General Manager of WFLA, Tampa’s NBC affiliate. The letter, sent by Florida Department of Health General Counsel John Wilson, claimed that airing the ad violates Florida law. Wilson cites Florida’s law against “sanitary nuisance,” which prohibits “the commission of any act… by which… the health and lives of individuals… may be endangered.” Wilson argues that WFLA’s decision to air the ad could “threaten or impair the health and lives of women.” Wilson advised Higgins that, now that he has been notified that the ad is creating a “sanitary nuisance,” WFLA must stop airing it within 24 hours. Failure to do so, Wilson writes, would be a crime punishable by up to 60 days in prison under Florida law. The letter was first reported by investigative reporter Jason Garcia.