When he abruptly resigned from his post last week, the top attorney for the Florida Department of Health suggested in a resignation letter that he was uncomfortable with decisions taken by the state agency, which days earlier had threatened to prosecute television stations over political advertisements.

“A man is nothing without his conscience,” John Wilson wrote in a resignation letter obtained by the Herald/Times. “It has become clear in recent days that I cannot join you on the road that lies before the agency.”

His resignation came seven days after he sent cease-and-desist letters to Florida television stations that threatened to criminally prosecute them if they did not take down political advertisements in support of Amendment 4, a ballot measure that if approved on Nov. 5 would broaden access to abortion.

The letters are now the subject of a federal lawsuit, in which Wilson is being sued in his personal capacity along with Florida Surgeon General Joseph Ladapo, the head of the Department of Health. In the lawsuit, Floridians Protecting Freedom, the group behind Amendment 4, claims the state agency’s threats are a violation of the group’s First Amendment rights to political speech.

READ MORE: Florida government ramps up anti-abortion campaign. Courts have declined to intervene.

Wilson, whose exit from the Department of Health was previously reported by the Herald/Times, declined to comment through his attorney. Wilson, who had served as the agency’s general counsel since 2022, noted in his letter that he had worked for the state for 14 years.

In his resignation letter, Wilson lamented the circumstances that made him feel like he could no longer work for the Department of Health.

“I wish that were not the case, but I take great comfort in knowing that the lawyers I leave behind will rise to the occasion and provide you the zealous representation you deserve,” Wilson wrote.

Wilson did not provide more detail.

The Florida Department of Health did not immediately respond to a request seeking comment. The state agency also has not independently provided a copy of Wilson’s resignation letter, which the Herald/Times requested Saturday.

What happens next

On the day that Wilson resigned, Wilson signed off on two contracts with law firms that are tasked with providing legal representation to the state agency in relation to “false political advertisements,” court filings show.

The firms were hired to advise and recommend a legal course of action on the matter, among other things, court records show. The contracts will cost taxpayers up to $1.4 million, records show.

The political ads at the center of the dispute feature a woman named Caroline making an emotional plea to Floridians to approve an abortion-rights ballot measure. She describes receiving a terminal brain cancer diagnosis two years ago 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 said in the pro-Amendment 4 ad. “Florida has now banned abortion even in cases like mine. Amendment Four is gonna protect women like me.”

In his letter, Wilson said the statements made by Caroline in the ad are “categorically false” and could put women’s health and lives at risk if it continued to be aired. Attorneys representing Floridians Protecting Freedom, however, say the ad is true.

READ MORE: State allegations of fraud lead to lawsuit to toss Amendment 4 from Florida ballot

Caroline needed medical treatment to prolong her life, but the treatment would likely have harmed or killed the fetus, attorneys with the pro-Amendment 4 group said. The abortion was necessary to allow Caroline to continue treatment of her terminal cancer, but since the procedure alone would not have saved her life it may have not qualified as an exemption under Florida’s strict, six-week abortion law, they said.

Wilson warned that if television stations did not take down the pro-Amendment 4 political ads, they would be committing a second-degree misdemeanor, which carries a sentence of up to 60 days imprisoned or a fine of up to $500. He said the ads were “categorically false” and a “sanitary nuisance” in violation of a state law that usually regulates the improper disposal of human waste or garbage or improperly built septic tanks.

Four days after the letter was sent, at least one television station decided to stop airing the advertisement, the complaint states.

In the complaint, Floridians Protecting Freedom are asking the courts to intervene, saying the group fears the state’s threats will cause television stations to stop airing their advertisements in the homestretch of campaigning before the Nov. 5 election in Florida.

The group says it wants to continue running television advertisements, but that it is “intolerable” to do so “with the state dangling a sword of Damocles over anyone who would facilitate that core political expression.”

Earlier this month, the head of the Federal Communications Commission issued a statement denouncing the state’s cease-and-desist letters and saying TV stations have a right to air political ads under the First Amendment.

“Threats against broadcast stations for airing content that conflicts with the government’s views are dangerous and undermine the fundamental principle of free speech,” FCC Chairwoman Jessica Rosenworcel said.

This story was originally published October 17, 2024, 3:52 PM.